PROCEEDINGS OF THE CITY COUNCILtemp.rcgov.org/agendas/minutes/council/2009/2009March02.pdfWenck...

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota

March 2, 2009

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, March 2, 2009 at 7:00 P.M. The following members were present: Mayor Alan Hanks and the following Alderpersons: Sam Kooiker, Karen Gundersen Olson, Ron Kroeger, Aaron Costello, Deb Hadcock, Lloyd LaCroix, Patti Martinson, Ron Weifenbach, Bill Okrepkie and Malcom Chapman; 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, Growth Management Director Marcia Elkins, Public Works Director Robert Ellis, Fire Chief Mark Rohlfing, Police Chief Steve Allender, Community Resource Director Kevin Thom, Parks and Recreation Director Jerry Cole, and Administrative Coordinator Amber Sitts. ADOPTION OF AGENDA The following item was added to the agenda:

Set for Hearing Ugly, Inc. DBA Budd Ugly’s, for a Retail (on-sale) Liquor License TRANSFER from Phatty McGees Inc. DBA Phatty McGees

Consider Item 89 after Item 90 Motion was made by Chapman, seconded and carried to adopt the agenda as amended. APPROVE MINUTES Motion was made, seconded and carried to approve the minutes for February 17, 2009 and correct minutes from December 15, 2008 to reflect a correct project number for West Boulevard Area Sewer Reconstruction Project, Phase 2 – 11th Street, project number SS09-1772. AWARDS AND RECOGNITIONS Mayor Hanks presented Jack van der Geest with an Executive Proclamation to recognize the anniversary of his escape from the Buchenwald concentration camp and proclaimed March 3, 2009 as Jack van der Geest Day in Rapid City. Mayor Hanks also presented Mr. van der Geest with an Executive Proclamation from the Office of the Governor also proclaiming March 3, 2009 as Jack van der Geest Day in South Dakota. GENERAL PUBLIC COMMENT

David Hillard, Chairman of the Economic Development Partnership, stated that they are restarting the application process for an Executive as the offers from the original search were not accepted. He also invited Council members to a meeting on March 18, 2009 at 11:00 a.m. regarding the Sanford National Underground Laboratory and expanding medial economic development. He added that they do not expect much relocation this year and said they are actively pursuing any leads on new companies to Rapid City. Terri Haverly, Vice President of Rapid City Economic Development, said she has had requests from 17 companies since January for information on Rapid City, and she has also made visits to local businesses to understand challenges and needs. She plans to make visits to specific companies in the biomedical industry and has been in contact with Samina regarding building specifications and employee skills. Jim Mirehouse, CEO Business Development Center, gave an overview of the Business Development Center outlining the background of the facility and businesses involved. Responding to a question from Okrepkie, Mirehouse

CITY COUNCIL MARCH 2, 2009

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explained that he expects the proposed Higher Education building will move along well and will eventually need fundraising. NON-PUBLIC HEARING ITEMS -- Items 2 – 63 Motion was made by Chapman, seconded and carried to open the public comment on Items 2 – 46. No comments were offered. Motion was made by Olson, seconded and carried to close the public comments on Items 2 – 46. CONSENT ITEMS – Items 2 – 46 The following items were removed from the Consent Items: 3A. Ugly, Inc. DBA Budd Ugly’s, 321 7th Street, for a Retail (on-sale) Liquor License TRANSFER from

Phatty McGees, DBA Phatty McGees, 321 7th Street 6. Direct staff to review the current bike route plan and make recommendations for possible changes

that may be needed since the plan was originally implemented.

12. No. PW022409-18 – Authorize Staff to Advertise for Bids for East North Street Overlay, Project No. ST08-1784 / CIP No. 50445.

18. No. PW022409-17 – Authorize Mayor and Finance Officer to Sign Consulting Agreement with

Wenck Associates, Inc. for Landfill Leachate Removal and Remediation – Final Design and Bidding. Project No. LF07-1681 / CIP No. 50694, in the amount of $23,515.00.

23. No. PW022409-15 – Approve an Initial Resolution of Necessity setting time and place for hearing on

March 10, 2009, at seven o’clock p.m., for Tower Road Water Main Loop, Project No. W09-1786 / CIP No. 50753.

26. Acknowledge report from Mike Miles on 2008 All Nighter Adult Softball Tournament and approve

request for tournament to be held June 12-13, 2009. 32. No. LF022509-07 - Designate one parking space on the north side of Kansas City Street at the east

end of the Qwest building as a loading/unloading zone with flashers required. 46. No. 08PL137 – Approve a request by Britton Engineering & Land Surveying for Linda Weins for a

Layout Plat on Lots 1 thru 4 of Weins Subdivision, formerly an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, legally described as an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, located at 13924 Neck Yoke Road.

Motion was made by LaCroix, seconded and carried to approve the following items as they appear on the Consent Items:

Alcoholic Beverage License Applications Set for Hearing (March 16, 2009) 2. Catholic Social Services for a Special Event Beer and Wine License for an event scheduled June 4,

2009 at Prairie Edge Trading Co. and Galleries, 6th Street and Main Street


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3. Sodak Mex I, Inc. DBA On The Border, 1331 E. North Street, for a Retail (on-sale) Liquor License TRANSFER from Century Motels, Inc. DBA Howard Johnson, 950 North Street

Public Works Committee Consent Items 4. No. PW022409-01 – Deny a request by the City of Box Elder to obtain the City of Rapid City’s Sewer

Line Near Box Elder

5. No. PW022409-02 – Direct staff to apply for a recreational trails program grant to be potentially utilized for a bike path or trail in the Deadwood Avenue area for inclusion in the master trails plan and acknowledge the report on sidewalks.

7. Direct City Attorney’s office to develop a resolution for Mayor and City Council to support the annual

Firemen’s Fill the Boot Fundraiser for MDA 8. No. PW022409-03 – Approve Change Order No. 2 Secondary Digester Cover and Gas Mixing

Equipment Replacement, to Heavy Constructors, Inc., Project No. WRF07-1549A, for an increase of $1,625.36 and five days.

9. No. PW022409-13 – Approve Change Order No. 1 for Elk Vale Road Sanitary Trunk Sewer

Extension, to Simon Contractors of SD, Inc., Project No. SS07-1658 / CIP No. 50686, for an increase of $27,771.00.

10. No. PW022409-06 – Authorize Staff to Advertise for Bids for Elm Avenue Sanitary Sewer, Hillshire

Court to Minnesota Street, Project No. SS08-1709 / CIP No. 50152. 11. No. PW022409-10 – Authorize Staff to Advertise for Bids for PW022409-10, PW022409-11,

PW022409-12, PW022409-29. PW022409-10 is a 2009 Street Division Class 8 Tandem Axle Dump Truck w/ Snow Plow Attachment. Replacement – trade/auction #SO16: 1994 FRHT w/ 110,921 miles. No. PW022409-11 is a 2009 Street Division Tandem Flat Bed Patch Truck. Replacement for asphalt patch truck #S137: 1984 Chevy with 76,875 miles. Street Division will fabricate utility portion of the truck bed. No. PW022409-12 – is a 2009 Street Division Vacuum Street Sweeper. Replacement for Sweeper #SO46: 2001 Elgin GeoVac w/ 3,925 hours. No. PW022409-29 is a 2009 Street Division Sander/Spreader Truck. Replacement for #SO63: 2000 International, small combination sander/dump truck with 19,961 miles.

13. No. PW022409-19 – Authorize Staff to Advertise for Bids for 44th Street Reconstruction – Phase I,

Project No. ST05-1435 / CIP No. 50365. 14. No. PW022409-20 – Authorize Staff to Advertise for Bids for PW022409-20, PW022409-21,

PW022409-22, PW022409-23, and PW022409-24. PW022409-20 – Hot Mixed Asphaltic Concrete for Various City Departments. No. PW022409-21 – Limestone Gravel for Various City Departments. No. PW022409-22 – Ready Mixed Concrete for Various City Departments. No. PW022409-23 – Handheld, Mobile Two-Way Radios / Pagers for Various City Departments. No. PW022409-24 – Sweeper Broom Refills for Street Cleaning.

15. No. PW022409-04 – Authorize Mayor and Finance Officer to Sign Professional Services Agreement

with West Plains Engineering, Inc. to replace and relocate Motor Control Center in the Operations Building Old Lab Space. Replace electrical feeders. Provide environmental control and monitoring, Project No. WRF08-1732 / CIP No. 50730, in the amount of $65,155.00.


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16. No. PW022409-14 – Authorize Mayor and Finance Officer to Sign Amendment with Stockwell Engineers, Inc. for Highway 16 Fire Detention Cell construction observation services (phase two and three.) Project No. DR03-1268 / CIP No. 50440. Amendment amount: $2,900.00.

17. No. PW022409-16 – Authorize Mayor and Finance Officer to Sign Amendment to Agreement with

Wenck Associates, Inc. for Landfill Gas Study. Project No. SWO08-1739 / CIP No. 50737, in the amount of $8,648.03.

19. No. PW022409-26 – Authorize Mayor and Finance Officer to Sign Professional Services Agreement

with FMG, Inc. for Geotechnical Evaluation – Tower Road Water Main Loop, Project No. W09-1786 / CIP No. 50753, in the amount of $2,800.00.

20. No. PW021009-08 – Approve PW021009-08 and PW021009-09. PW021009-08 – Authorize Mayor

and Finance Officer to Sign Agreement with Dr. Duane Pankratz concerning Collection and Disbursement of Sewer Construction Fees for SDDOT Eglin Street Re-alignment, Project No. DEV06-825, P3230(00)43, DDI No. 05-0404. No. PW021009-09 – Approve Resolution to Establish Sewer Frontage Construction Fees for SDDOT Eglin Street Re-alignment, Project No. DEV06-825, P3230(00)43, DDI No. 05-0404.

RESOLUTION #2009-030

SEWER CONSTRUCTION FEE RESOLUTION PANKRATZ SEWER MAIN

FRONTAGE FEE

WHEREAS, the Rapid City Municipal Code Section 13.08.365 and SDCL Section 9-48-15 allows the Common Council to impose sewer construction fees prior to connection to the sewer utility in certain areas; and WHEREAS, a sewer main was extended in Lowery Lane in conjunction with the SDDOT Eglin Street Realignment project per plans filed with the City under City Development File No. DEV 06-825, P3230(00)43, DDI NO.05-0404: Pankratz Sewer Main as shown on Exhibit A, which has been attached hereto and incorporated herein; and WHEREAS, the Dr. Duane Pankratz paid for the installation of approximately 973 feet of 12" sewer main along Lowry Lane in area off-site of his property; and WHEREAS, the total cost for the off-site sewer system improvements associated with the 8" base size water main and paid for by Dr. Pankratz was determined to be $62,298.90. This amount does not include the cost of constructing the sewer mains within Dr. Pankratz's property; and WHEREAS, the City has identified property, shown in Exhibit A, that will benefit from the above-described off-site sewer system improvements; and WHEREAS, City staff has agreed to present a proposed Sewer Utility Construction Fee Resolution to the Rapid City Common Council which would establish a construction fee, based on the total calculated costs, to be levied against all property that benefits from the off-site sewer system improvements and to collect said fees and reimburse Dr. Pankratz for the cost of such; and WHEREAS, the total project costs of the off-site sewer system improvements shall be equally proportioned to the properties identified in Exhibit A, and any future subdivisions thereof, before such properties will be served with such facilities; and


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WHEREAS, the Common Council finds that such utility construction fees are appropriate and in the best interest of the City, community, and the sewer utility. NOW, THEREFORE, be it resolved that sewer utility construction fees are hereby imposed on the property, identified in Exhibit A, which benefits from the above described sewer main; and BE IT FURTHER RESOLVED, that the property shown in Exhibit A shall be required to pay its proportional share of the base size cost of construction of the sewer main associated with SDDOT Eglin Street Realignment, City Development File No. DEV 06-825, P3230(00)43, DDI NO.05-0404 prior to being served with City sewer; and BE IT FURTHER RESOLVED that the property shown in Exhibit A, as benefiting property, shall pay $80.89 per foot, based on the property’s frontage prior to connection to the City's sewer main; and BE IT FURTHER RESOLVED that all sewer construction fees collected as established herein shall accrue to the sewer utility enterprise fund and ultimately be distributed to Dr. Pankratz per the separate agreement which has been entered into between the City and Dr. Pankratz; and BE IT FURTHER RESOLVED that the utility construction fees shall remain in effect until such time as the balance of the project costs totaling $62,298.90 is collected or all of the benefiting property identified in Exhibit A has connected to the City’s sewer system, at which time this Resolution and the utility construction fee shall automatically expire. Dated this 2nd day of March, 2009. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL)

21. No. PW022409-05 – Approve Request for Authorization to Seek Proposals for Engineering Services

for Kepps Watermain Extension and Control Valve, Project No. W08-1702 / CIP #50625. 22. No. PW022409-08 – Approve Request for Permission to Purchase One ½ Ton Pickup Purchase

from State Bid Contract #15540, from Beck Ford Motor Company, Pierre. 24. No. PW022409-27 – Approve Resolution for Bridge Reinspection Program for Use with SDDOT

Retainer Contracts for 2009.

RESOLUTION #2009-031 BRIDGE REINSPECTION PROGRAM RESOLUTION

FOR USE WITH SDDOT RETAINER CONTRACTS WHEREAS, Title 23, Section 151, United States Code and Title 23, Park 650, Subpart C, Code of Federal Regulations, requires initial inspection of all bridges and reinspection at intervals not to exceed two years with the exception of reinforced concrete box culverts that meet specific criteria. These culverts are reinspected at intervals not to exceed four years. THERFORE, the City of Rapid City is desirous of participating in the Bridge Inspection Program using Bridge Replacement funds.


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The City requests SDDOT to hire Brosz Engineering, Inc. (Consulting Engineers) for the inspection work. SDDOT will secure Federal approvals, make payments to the Consulting Engineer for inspection services rendered, and bill the City for 20% of the cost. The City will be responsible for the required 20% matching funds. There are a total of 3 bridges in the City of Rapid City that require inspection. Dated this 2nd day of March, 2009. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL)

25. No. PW022409-28 – Approve Request to Seek Proposals for Alfalfa/Hay Harvesting for Public

Works Department. Legal & Finance Committee Consent Items 27. No. LF022509-02 – Approve Resolution for 2009 Clean Up Day.

RESOLUTION #2009-027 RESOLUTION FOR 2009 CLEAN UP DAY

WHEREAS, reducing litter, rubbish, and other debris is an important part of the scenic beauty of the City of Rapid City; and WHEREAS, from time to time the City becomes negatively impacted by litter, rubbish and other debris; and WHEREAS, the City periodically needs such litter, rubbish, and other debris removed; and WHEREAS, the City has an interest in working with volunteers to clean up Rapid City; and WHEREAS, the City of Rapid City appreciates the assistance of individual volunteers and volunteer organizations who assist with clean up projects. NOW, THEREFORE, BE IT HEREBY RESOLVED that the City officially recognizes and sponsors the 39th Annual Rapid City Clean-Up Day on April 25, 2009, and all the volunteers who participate therein. Dated this 2nd day of March, 2009. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL)


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28. No. LF022509-03 – Confirm appointment of Suzanne Wilson to the Beautification Committee to fill a

term vacated by Craig Grotenhouse to expire December, 2009.

29. No. LF022509-04 – Confirm appointment of Paul Weber as the Sign Industry Representative to the City Sign Code Board of Appeals for a three year term.

30. No. LF022509-05 – Confirm reappointment of CVB Director Michelle Lintz to the BID Board for a three year term.

31. No. LF022509-06 – Request the City of Rapid City nominate the “2012 Program” for “Awards for Municipal Excellence Co–Sponsored by the National League of Cities and CH2M Hill in Recognition of James C. Howland”.

33. No. LF022509-08 – Approve Travel Request for Wayne Asscherick and Brian Blenner to attend Patrol Rifle Instructor School in Sioux Falls, SD, June 21-26, 2009, in the approximate amount of $1,776.

34. No. LF022509-09 – Approve Travel Request for Michaela Schanz to attend Seminar on Essential Ridgeology Concepts Important for Understanding Qualitative/Quantitative Methodology April 5-11, 2009, in Salt Lake City, UT, in the approximate amount of $1,759.71.

35. Authorize staff to accept 2008 assistance to firefighters grant from Homeland Security in the amount of $89,564.

36. No. LF022509-11 – Approve Travel Request for Doug Curry and Mike Holmberg to attend Airport Safety & Operations School and Snow Symposium in Buffalo, NY, April 24-May 1, 2009, in the approximate amount of $4,122.

37. No. LF022509-12 – Approve Travel Request for Cameron Humphres to attend AllegiantAir Airport Conference in Las Vegas, NV, February 9-13, 2009, in the amount of $1,580.84.

38. No. LF022509-13 – Authorize the Mayor and Finance Officer to sign the Contract between Michelle L. Dennis/M.L. Dennis Consulting and the City of Rapid City for the Reconnaissance Survey, Comprehensive Preservation Plan Update, and Goals Training Project for the Historic Preservation Commission in an Amount Not to Exceed $9,750.

39. No. LF022509-14 – Approve Census Resolution.

RESOLUTION #2009-033 CENSUS RESOLUTION

WHEREAS, The City of Rapid City acknowledges that the Census is important to all our residents, and WHEREAS, The City of Rapid City recognizes that the Census is used for development, planning of public transportation services, health and education services for people with disabilities, urban planning, land decision school projects, developing adult education programs and attracting new businesses to both the state and local areas; and WHEREAS, The Census is confidential and federal law prohibits any public or private agency from gaining access to confidential census data; and


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WHEREAS, The City of Rapid City is committed to a full and accurate census count with special emphasis on enumerating members of population groups traditionally undercounted; and WHEREAS, The City of Rapid City encourages the citizens of Rapid City to fully participate in the Census process. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the Common Council of the City of Rapid City hereby proclaims full support of and participation in, the 2010 Census. Dated this 2nd day of March, 2009. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL)

40. No. LF022509-15 – Authorize the Mayor and Finance Officer to sign Electrical Cooperative Revenue Agreement with West River Electric and Black Hills Cooperative Electric.

41. No. LF022509-16 – Acknowledge 30-day deadline extension request for the 2008 Annual Report.

42. No. LF022509-17 – Approve Resolution Declaring Property Surplus.

RESOLUTION #2009-028 RESOLUTION DECLARING PROPERTY SURPLUS

WHEREAS the below-described property is no longer necessary, useful or suitable for municipal purposes 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: ACE Wood corner desk w/wood hutch Secretary chair Community Development Sharp SF-7370 copier S/N: 36631018, Inv # 17716 Landfill 1972 Ford plow/sander truck S/N: 16407 1995 Pioneer auto tarp system Auger scraper overhaul 627F 1991 John Deere 624EH front loader S/N: 534059 1980 Komatzu dozer D155 1990 Dodge ¾ ton 4x4 S/N: 690167 1993 Chevrolet S10 pickup S/N: 0170134 1996 Volvo loader w/4cy bucket S/N: 61526


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1997 Freightliner FL80 truck tractor S/N: 864579 1996 CPS trailer, walking floor S/N: 389188 1996 Volvo loader w/4 cy bucket S/N: 61385 1997 Freightliner FL80 truck tractor S/N: 864578 Cat M952 cascade bale pusher, forklift 1996 Brothers trailer, walking floor S/N: 187418 Macola accounting package software and contract (obsolete) BE IT FURTHER RESOLVED that the Mayor and Finance Officer may do all acts necessary to dispose of this property according to state law. Dated this 2nd day of March, 2009. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL)

43. No. LF022509-18A – Approve Resolution Establishing a List of Persons from Whom to Select Freeholders to Appraise Surplus Properties with the addition of Sam Kooiker’s name to the list.


A RESOLUTION ESTABLISHING A LIST OF PERSONS FROM WHOM TO SELECT FREEHOLDERS

TO APPRAISE SURPLUS PROPERTIES

WHEREAS the City of Rapid City, from time to time, determines that certain specified property is no longer useful or suitable for municipal purposes and declares such property surplus; and WHEREAS the City is required to appoint a board of three (3) freeholders to appraise such property prior to its sale; and WHEREAS the City Council finds that the following persons are freeholders of the City of Rapid City and are qualified to appraise surplus property. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the following list of persons is hereby named as a non-exclusive panel from whom freeholders to act as appraisers may be appointed: Steve Allender Mark Rohlfing Marcia Elkins Ron Weifenbach Ron Kroeger Aaron Costello Malcom Chapman Jason Green Sam Kooiker


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BE IT FURTHER RESOLVED that the City Council reserves the right to appoint such other persons as freeholders to appraise surplus property as the City Council may determine. Dated this 2nd day of March, 2009. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer

(SEAL)

44. No. LF022509-19 – Approve the 2009 Parks Restroom and Shelter Custodial Contract with Black Hills Workshop in the amount of $79,768 and authorize the Mayor and Finance Officer to sign the Contract.

45. No. LF022509-23 – Authorize the Mayor to sign a letter of support for the Rapid City Walks Program.

END OF CONSENT CALENDAR Motion was made by Kooiker, seconded and carried to approve Set for Hearing on March 16, 2009 for Ugly, Inc. DBA Budd Ugly’s, 321 7th Street, for a Retail (on-sale) Liquor License TRANSFER from Phatty McGees, DBA Phatty McGees, 321 7th Street. Motion was made by Kroeger and seconded to direct staff to develop an RFP to review the current bike route plan for possible changes that may be needed since the plan was originally implemented. Costello expressed the importance of moving this forward which will also help lobby the state for future updates. Olson reiterated and supported Costello’s comments. Motion carried. Motion was made by Kroeger and seconded to (No. PW022409-18) Authorize Staff to Advertise for Bids for East North Street Overlay, Project No. ST08-1784 / CIP No. 50445. Ellis explained that the Department of Transportation agreed to fund 50% of the total reconstruction of East North Street. Since the DOT does not have funding available, the City plans to do overlays to make improvements until the DOT can find funds to uphold their obligation. It is possible that the project will be moved forward sooner due to stimulus funds. Motion carried. Motion was made by Kroeger and seconded to (No. PW022409-17) Authorize Mayor and Finance Officer to Sign Consulting Agreement with Wenck Associates, Inc. for Landfill Leachate Removal and Remediation – Final Design and Bidding. Project No. LF07-1681 / CIP No. 50694, in the amount of $23,515.00. Green clarified that the recommendation is for approval of the revised document, and Kroeger confirmed that was his motion. Motion carried. Motion was made by Kroeger, seconded and carried to (No. PW022409-15) Approve an Initial Resolution of Necessity setting time and place for hearing on April 6, 2009, at seven o’clock p.m., for Tower Road Water Main Loop, Project No. W09-1786 / CIP No. 50753.

RESOLUTION #2009-032 INITIAL RESOLUTION

FOR TOWER ROAD WATER MAIN LOOP

PROJECT NO. W09-1786 / CIP NO. 50753


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BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. This Council deems it necessary to construct approximately 1,350 feet of 8-inch sewer main to service the property, as outlined in the proposed Resolution of Necessity for Tower Road Water Main Loop Project No. W09-1786 / CIP No. 50753, which is on file with the Finance Officer. The estimated total cost of the project is $237,000.00 of which $75,128.00 would be assessed to the benefiting properties. The costs will be assessed to the affected property owners on an equal benefit basis for the water main improvements. 2. This Council will meet at the City / School Administration Center in the City of Rapid City, South Dakota, on Monday the 6th day of April, 2009 at 7:00 P.M., for the purpose of considering any objections to such proposed Resolution of Necessity. The Finance Officer is directed to give notice of such meeting by publishing the time and place of such meeting once each week for two successive weeks in the official newspaper of the City. Dated this 2nd day of March, 2009. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL) Motion was made by Kooiker, seconded and carried to acknowledge the report from Mike Miles on 2008 All Nighter Adult Softball Tournament and approve the request for tournament to be held June 12-13, 2009. Motion was made by LaCroix and seconded to (No. LF022509-07) Designate one parking space on the north side of Kansas City Street at the east end of the Qwest building as a loading/unloading zone with flashers required. Alderman Kooiker wanted to acknowledge that he is abstaining from voting on this item. Motion carried with Kooiker abstaining. Motion was made by Kroeger, seconded and carried to deny without prejudice a request by Britton Engineering & Land Surveying for Linda Weins for a Layout Plat on Lots 1 thru 4 of Weins Subdivision, formerly an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, legally described as an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, located at 13924 Neck Yoke Road. NON-CONSENT ITEMS – Items 47 – 63 Motion was made, seconded and carried to open the public comment for Items 47 – 63. No comments were offered. Motion was made, seconded and carried to close the public comment for Items 47 – 63.

Ordinances

Ordinance 5487 (No. LF022509-20) An Ordinance to Repeal the Requirement for a Precious Metals and Precious Gems License by Repealing Chapter 5.40 of the Rapid City Municipal Code. Motion was made by Kooiker and seconded that Ordinance No. 5487 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, March 16, 2009. Responding to a question from Olson, Allender confirmed that the pawn dealers will still keep records and have a holding period. Green confirmed


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that pawn brokers are regulated by Chapter 5.36 of the Municipal Code which is not being amended by this Ordinance. Chapman expressed that he will vote against the Ordinance because he thought a better option would be to adopt Option 3 from the City Attorney, which was to issue a temporary license for metals and gems dealers. Upon roll call vote, the following voted AYE: Kooiker, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach, and Okrepkie; NO: Olson and Chapman. Motion carried. Ordinance 5488 (No. LF022509-21) An Ordinance to Correct the Numbering of Certain Sections of the Rapid City Municipal Code by Re-Enacting Chapter 3.26 of the Rapid City Municipal Code and Creating Chapter 3.28 of the Rapid City Municipal Code. Motion was made by Kooiker, seconded and carried that Ordinance 5488 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, March 16, 2009.

Ordinance 5490 (No. 09RZ009) 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 on the SE1/4 of Government Lot 1 less the north 100 feet of the SE1/4 of Government Lot 1, Lot A of Lutheran Subdivision, and the 33 feet of Valley Drive right-of-way adjacent to Lot A of Lutheran Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 501 and 583 Valley Drive. Motion was made by Kooiker, seconded and carried that Ordinance 5490 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, March 16, 2009.

Ordinance 5491 (No. 09RZ010) 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 Agriculture District on the NE1/4 of Government Lot 1 located in the NE1/4 NE1/4 NE1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 405 Valley Drive. Motion was made by Kooiker, seconded and carried that Ordinance 5491 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, March 16, 2009.

Ordinance 5492 (No. 09RZ011) 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 20 foot wide private lane located adjacent and west of the unplatted balance of the W1/2 SE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and located adjacent to and west of Tract C of the SE1/4 SW1/4 of Section 4 and Parcel E of the NE1/4 NW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3030 East Highway 44. Motion was made by Kooiker, seconded and carried that Ordinance 5492 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, March 16, 2009.

Ordinance 5493 (No. 09RZ012) 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 Public District on the unplatted balance of the W1/2 SE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of S.D. East Highway 44 and west of Lancer Drive. Motion was made by Kooiker, seconded and carried that Ordinance 5493 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, March 16, 2009.

Ordinance 5480 (No. LF021109-11) An Ordinance Creating Chapter 15.15 of the Rapid City Municipal Code Entitled International Existing Building Code having passed its first reading on February 17, 2009; motion was made by Kooiker and seconded that the title be read the second time. The following voted AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5480 was declared duly passed upon its second reading. Responding to a question from Kooiker, Green clarified that the more


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restrictive code applies when there are two codes that address the fire code. Elkins added that an application is submitted through the building permit staff so comments are coordinated through that group. Responding to a question from Olson, Elkins confirmed that the Building Code Adoption Committee had representation from building owners who are familiar with updating old buildings and that it would require a professional to bring buildings to code.

Ordinance 5478 (No. LF021109-14) An Ordinance Revising the Regulations for Travel Parks by Amending Sections 12.44.010, 12.44.140, 12.44.220, and 12.44.250 of Chapter 12.44 of the Rapid City Municipal Code having passed its first reading on February 17, 2009; motion was made by Kooiker and seconded that the title be read the second time. The following voted AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5478 was declared duly passed upon its second reading.

Ordinance 5481 (No. LF021109-26) An Ordinance Authorizing Water Bill Rebates for Purchase and Installation of Certain Water Conserving Appliances and Fixtures by Adding Section 13.04.655 to the Rapid City Municipal Code having passed its first reading on February 17, 2009; motion was made by Kooiker and seconded that the title be read the second time. The following voted AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5481 was declared duly passed upon its second reading. Responding to a question from Costello, Ellis explained that they received input and did further research regarding high efficiency washer purchases for new construction, so they amended the Ordinance to allow this rebate for homeowners of new construction. Ellis confirmed that the rebate will go to the person who holds the water account with the City, not necessarily the property owner. He explained that the customers will sign an agreement to properly dispense of the old appliance. He also added that the local vendors are aware of the program, and he has a list of high efficiency washers that will be posted on the website. Kooiker confirmed that the intent of his motion was to approve the amended Ordinance. Legal & Finance Committee Items Motion was made by Kooiker and seconded to (No. LF022509-10) Approve of Event Permit for Order of Eastern Star for unenforced parking on both sides of Kansas City Street between 6th Street and 7th Street on March 7, 2009, from 9:00 a.m. to 5:00 p.m. Olson is in favor of the motion but does not believe there should be exceptions in the future for the use of meters. There is an interest to create a revenue stream to build a ramp, and these exceptions do not support this interest. Kooiker agreed that the new parking plan should be the starting point for no longer allowing exceptions. Chapman confirmed that the unenforced parking cannot be reserved for anyone. Motion carried. Motion was made by LaCroix and seconded to (No. LF022509-24) Authorize Mayor and Finance Officer to sign Contract for Legal Services as Bond Counsel between the City of Rapid City and Dorsey & Whitney LLP. Kooiker said that he feels there is a need to introduce competition. He asked why we should be in favor of a non-competitive contract for an out-of-state firm and suggested contacting more than one firm. Preston explained that Springsted provided the list of Bond Counsel. Springsted had worked with four companies on the list that had dealt with a value of bonds near what the City of Rapid City has, and of those companies, Dorsey & Whitney was the only company that had worked with issues in South Dakota. Preston explained how Springsted was selected and the proposed selection of the Bond Counsel and underwriter. Motion carried with one NO from Kooiker. Public Works Committee Items Motion was made by Kroeger and seconded to (No. CC030209-04) Authorize Mayor and Finance Officer to sign agreement transferring Tower Road from South Dakota Department of Transportation to the City of Rapid City. Elkins explained the area that will be transferred and its condition and discussed the responsibilities of the City. Motion carried.


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Bids The following companies submitted bids for (No. CC030209-02.1) Utility Cut Portland Cement Replacement opened on February 24, 2009: In-Line Concrete, Brewer Construction, Simon Contractors, Timber Ridge Construction, and Lester Robbins Construction. Staff reviewed the bids and recommends the bid award to Lester Robbins Construction. Motion was made, seconded and carried to approve the bid award to the lowest responsible bidder meeting specifications, Lester Robbins Construction, for a total contract amount of $72,500.00. This total is based on the estimated amount of work for the next year. The following companies submitted bids for (No. CC030209-02.2) Alta Vista Drive Sanitary Sewer Extension SS08-1713 / CIP No. 50541 opened on February 24, 2009: Site Work Specialists, Grizzly Excavation, Highmark, Inc., Rapid Construction, R.C.S. Construction, Lind Exco, Inc., Hills Materials Co., and Mainline Contracting. Staff reviewed the bids and recommends the bid award to Grizzly Excavation. Motion was made, seconded and carried to approve the bid award to the lowest responsible bidder meeting specifications, Grizzly Excavation, for a total contract amount of $65,622.46. The following companies submitted bids for (No. CC030209-02.3) Vickie Powers Playground Construction Materials Project No. PR08-6003 opened on February 25, 2009: Pro-Build and Knecht Home Center. Staff reviewed the bids and recommends the bid award to Knecht Home Center. Motion was made, seconded and carried to approve the bid award to the lowest responsible bidder meeting specifications, Knecht Home Center, for a total contract amount of $156,317.16. The following companies submitted bids for (No. CC030209-02.4) Vickie Powers Park Phase I Project No. PR08-6002 opened on February 27, 2009: R.C.S Construction, Site Work Specialists, Tru-Form Construction, Landscapes Unlimited LLC, and Hills Materials Co. Staff reviewed the bids and recommends bid award to R.C.S. Construction. Motion was made, seconded and carried to approve the bid award to the lowest responsible bidder meeting specifications, R.C.S. Construction, for a total contract amount of $854,500.00 which includes the base bid, alternate 3 and alternate 5. Staff Items Public Works Director Ellis gave an update on (No. CC030209-03) Vision 2012 outlining the status of several projects, including Residential Streets, Downtown Stormwater, Elk Vale Road, and Park View tennis courts. Chapman pointed out that an item earlier in the agenda gave the City authority to nominate the 2012 Program for a national award. Olson said that the tennis community is excited for the new courts and added that this will make our community one of the leaders in the northwest region in terms of outdoor tennis complexes. Hadcock thanked Olson and Chapman for their efforts. Motion was made by LaCroix, seconded and carried to acknowledge the report. PUBLIC HEARING ITEMS – Items 64 – 88 Motion was made by Weifenbach, seconded and carried to open the public comment for Items 64 – 88. CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 64 – 75 Motion was made, seconded and carried to approve the following items as they appear on the Continued Public Hearing Consent Items: Continue the following items until March 16, 2009: 64. No. 08PL098 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 29 thru

33 of Block 3 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4,


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Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

65. No. 08PL099 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 28 of Block 3; Tracts A, B, C and D of Block 4 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

66. No. 08PL116 - A request by Sperlich Consulting, Inc. for Zandstra Real Estate Holdings for a Preliminary Plat on Lots 8 thru 12 of Block 8, Lots 5 thru 9 of Block 9, Lots 17 thru 23 of Block 10, Lots 4 thru 18 of Block 11 and Lots 1 thru 10 of Block 13 of Elks Country Estates, located in a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of the 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.

67. No. 08PL131 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Preliminary Plat on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

68. No. 08PL143 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Preliminary Plat on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.

69. 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,


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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.

70. No. 08PL176 - A request by Renner & Associates for Pete Lien and Sons for a Preliminary Plat on Lots 1 and 2 of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, located at the Black Hills Dog Track adjacent to the west side of Sturgis Road and south of the intersection of Universal Drive and Sturgis Road.

71. No. 08SV047 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

72. No. 08SV054 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Variance to the Subdivision Regulations to waive the requirement to install water as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.

73. No. 08SV057 - A request by Renner & Associates for Pete Lien and Sons for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Sturgis Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, located at the Black Hills Dog Track adjacent to the west side of Sturgis Road and south of the intersection of Universal Drive and Sturgis Road.


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Continue the following items until April 6, 2009:

74. No. 08VR008 - A request by D.C. Scott Co. Land Surveyors for William Taylor for a Vacation of Right-of-way on the Monroe Street right-of-way from the east right-of-way line of Milwaukee Street to the west right-of-way line of the D.M.&E. railroad, located between and adjacent to Lots 11 thru 17 of Block 13, and Lot A of Block 18 of Wise's Addition to Rapid City, located in the S1/2 NW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located between Milwaukee Street and Waterloo Street and west of the DM&E Railroad Right-of-way.

75. No. 09PL001 - A request by Gene Quinn for a Layout Plat on Tract A Revised Lots 1 thru 5 of Block 1 of Blake Estates Subdivison, located in the W1/2 of the NW1/4, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, located in the W1/2 of the NW1/4, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6620 West Highway 44.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS Motion was made by Chapman, seconded and carried to close the public comment for Items 64 – 88. CONSENT PUBLIC HEARING ITEMS – Items 76 – 82 The following items were removed from the Consent Public Hearing Items: 76. No. 09SE001 - A request by Hills Alive Festival for a Special Exception to the Flood Area

Construction Regulations to allow temporary structures in the floodway on Tract 20 less Lot H1 of 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.

77. No. 09SV001 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 5 of Block 1, Lots 1 thru 7 of Block 2, Lot 1 of Block 3 and the drainage Lot 1, Elks Crossing Subdivision, all located in the SW1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NW1/4 SW1/4 less Plum Creek Subdivision less Lot H1 and less Right-of-way, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at Elk Vale Road lying west of Willowbend Road.

Motion was made by LaCroix, seconded and carried to approve the following items as they appear on the Consent Public Hearing Items:

Growth Management Items 78. No. 09VR001 - A request by Dream Design International, Inc. for a Vacation of Right-of-way on the

east 180 feet of the 20 foot alley in Block 11 of Plainview Second Addition, lying between Sunnyside Avenue and Anamosa Street and west of the west boundary of Riley Avenue, the entire 20 foot alley in Block 12 of Plainview Second Addition lying between Sunnyside Avenue and the railroad right-of-way and east of the east boundary of Riley Avenue, North Riley Avenue 80 foot right-of-way lying north of East Anamosa Street, Cambell Street right-of-way lying north of the railroad right-of-way, Sunnyside Avenue 80 foot right-of-way east of the east boundary of Riley Avenue and west of the west boundary of Cambell Street, all located in Plainview Second Addition, Section 30, T2N, R8E,


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BHM, Rapid City, Pennington County, South Dakota, located at the intersection of North Riley Avenue and East Anamosa Street.


RESOLUTION OF VACATION OF RIGHT-OF-WAY

WHEREAS it appears that the right-of-way located on the east 180 feet of the 20 foot alley in Block 11 of Plainview Second Addition, lying between Sunnyside Avenue and Anamosa Street and west of the west boundary of Riley Avenue; the entire 20 foot alley in Block 12 of Plainview Second Addition lying between Sunnyside Avenue and the railroad right-of-way and east of the east boundary of Riley Avenue; North Riley Avenue 80 foot right-of-way lying north of East Anamosa Street; Cambell Street right-of-way lying north of the railroad right-of-way; Sunnyside Avenue 80 foot right-of-way east of the east boundary of Riley Avenue and west of the west boundary of Cambell Street; all located in Plainview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota more generally described as being located west of the intersection of Second Street and St. James 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. 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, and incorporated herein, is hereby vacated. BE IT FURTHER RESOLVED, that the Mayor and Finance Officer are hereby authorized to execute a release of public right-of-way in regard thereto.

Dated this 2nd day of March, 2009. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

Alcohol Licenses 79. Rapid City Area Chamber of Commerce for a special Beer and Wine License for an event scheduled

for March 19, 2009 at The Dahl Fine Arts Center, 713 7th Street 80. Fresh Start Convenience Stores, Inc. DBA Ranch Mart, 520 Birch Ave., for Package (off-sale) Liquor

License 81. Bully Blends Coffee and Tea, Inc. DBA Bully Blends Coffee and Tea Shop, 410 5th Street, for a

Retail (on-sale) Wine License (Continued from 2/2/2009 and 2/17/2009) 82. Bully Blends Coffee and Tea, Inc. DBA Bully Blends Coffee and Tea Shop, 410 5th Street, for a

Retail (on-off sale) Malt Beverage License, no video lottery (Continued from 2/2/2009 and 2/17/2009)

END OF CONSENT PUBLIC HEARING CALENDAR


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Motion was made by Kroeger, seconded and carried to (No. 09SE001) approve a request by Hills Alive Festival for a Special Exception to the Flood Area Construction Regulations to allow temporary structures in the floodway on Tract 20 less Lot H1 of 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 with the stipulation that the Festival will be stopped and the structures removed if ordered by the Police Chief, Fire Chief, Mayor, or Emergency Management Director. Responding to a question from Okrepkie, Elkins confirmed that the applicant has revised their plan and all structures are out of the hydraulic floodway and in the 100 year floodplain. Motion was made by Kroeger, seconded and carried to acknowledge the applicant’s withdrawal of (No. 09SV001) a request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 5 of Block 1, Lots 1 thru 7 of Block 2, Lot 1 of Block 3 and the drainage Lot 1, Elks Crossing Subdivision, all located in the SW1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NW1/4 SW1/4 less Plum Creek Subdivision less Lot H1 and less Right-of-way, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at Elk Vale Road lying west of Willowbend Road. NON-CONSENT PUBLIC HEARING ITEMS – Items 83 - 88 Ordinance 5477 (No. 09RZ003) 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 Tract C of the SE1/4 SW1/4 of Section 4 and Parcel E of the NE1/4 NW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, the portion of Lot E of the NE1/4 NW1/4 lying north of the highway right-of-way for access to Interstate Highway No. 90 Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, and the unplatted balance of the W1/2 SE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3030 and 3086 East Highway 44 having passed its first reading on February 2, 2009; motion was made by Kooiker and seconded that the title be read the second time. The following voted AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5477 was declared duly passed upon its second reading. Ordinance 5482 (No. 09RZ004) 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 Tract B of Lot 2 of Lot A and Lot 1 of Tract A, all of Barnhart Subdivision, and the 150 foot wide East Highway 44 right-of-way located south of Tract B of Lot 2 of Lot A and Lot 1 of Tract A of Barnhart Subdivision, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2800 East Highway 44 having passed its first reading on February 17, 2009; motion was made by Kooiker and seconded that the title be read the second time. The following voted AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5482 was declared duly passed upon its second reading. Ordinance 5483 (No. 09RZ005) 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 Medium Density Residential District on Lot 5 of Marshall Subdivision and the south 25 feet of Homestead Street located adjacent to Lot 5 of Marshall Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2345 Homestead Street having passed its first reading on February 17, 2009; motion was made by Kooiker and seconded that the title be read the second time. The following voted AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson,


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Weifenbach, Okrepkie and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5483 was declared duly passed upon its second reading. Responding to a question from Hadcock, Elkins explained that this property was annexed last summer, so they are now completing the rezoning process. Ordinance 5484 (No. 09RZ006) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Frank Boyle for a Rezoning from Light Industrial District to General Commercial District on Lot 3 of Lot D of K-W Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3637 Edwards Street having passed its first reading on February 17, 2009; motion was made by Kooiker and seconded that the title be read the second time. The following voted AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5484 was declared duly passed upon its second reading.

Ordinance 5485 (No. 09RZ007) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by A request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot 1A of Lot 1 of Lot A of the SW1/4 SW1/4, and the 150 foot wide East Highway 44 right-of-way located south of Lot 1A of Lot 1 of Lot A of the SW1/4 SW1/4, and the 66 foot wide Valley Drive right-of-way located west of the Lot 1A of Lot 1 of Lot A of the SW1/4 SW1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2700 East Highway 44 having passed its first reading on February 17, 2009; motion was made by Kooiker and seconded that the title be read the second time. The following voted AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5485 was declared duly passed upon its second reading. Elkins confirmed that property owners are aware that the area is being rezoned. Ordinance 5486 (No. 09RZ008) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by A request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot 14 less the west 100 feet of Hillsview Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1475 Valley Drive having passed its first reading on February 17, 2009; motion was made by Kooiker and seconded that the title be read the second time. The following voted AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5486 was declared duly passed upon its second reading. EXECUTIVE SESSION permitted by SDCL 1-25-2 Motion was made by LaCroix, seconded and carried to go into Executive Session at 9:00 P.M. for the reasons permitted by SDCL 1-25-2. The Council came out of Executive Session at 9:17 P.M. with all members present. STAFF DIRECTION Motion was made, seconded and carried to authorize the City Attorney to file litigation requesting right-of-way on Anamosa Street extending across Ahelers Dwyer property. Motion was made, seconded and carried to authorize a treasurer’s check in the amount of $152,938.38 to the Pennington County Clerk of Courts. Motion was made by LaCroix, seconded and carried to approve the Declaration of Taking for Anamosa Street Right-of-Way.


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BILLS The following bills having been audited. Preston requested that the council approve the bill list and also authorize the Finance Office to prepare a treasury check payable to the Pennington County Clerk of Courts in the amount of $152,938.38. Motion was made, seconded and carried to authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment thereof, and to direct the Finance Office to issue a treasurer’s check to Pennington County Clerk of Courts. Payroll Period Ending 02-14-09, Paid 02-20-09 1,011,022.85 Payroll Period Ending 01-31-09, Paid 02-20-09 (1,629.60) Payroll Period Ending 02-28-09, Paid 02-27-09 1,132,098.19 Payroll Period Ending 02-14-09, Paid 02-20-09 3,044.00 Pioneer Bank, Taxes Paid 02-20-08 241,039.05 Pioneer Bank, Taxes Paid 02-27-09 275,919.00 Pioneer Bank, Taxes Paid 02-14-09 215.42 First Administrators, Claims Paid 02-17-09 91,502.37 First Administrators, Claims Paid 02-24-09 61,771.87 Wells Fargo Corporate Card, Paid 02-24-09 2,464.82 Computer Bill List, Paid 02-23-09 2,343,974.06 Subtotal $5,161,422.03

Payroll Period Ending 2-14-09, Paid 02-20-09 2,829.25 Pioneer Bank, Taxes Paid 02-20-09 216.43 Wright Express 60.40 Subtotal $3,106.08 ADJOURN As there was no further business to come before the Council at this time, the meeting adjourned at 9:20 P.M. CITY OF RAPID CITY ATTEST: Mayor Finance Office (SEAL)

TRANSCRIPT FROM THE MARCH 2, 2009 CITY COUNCIL MEETING PRESENTATION OF EXECUTIVE PROCLAMATION TO JACK VAN DER GEEST

MAYOR HANKS: “You know, one of the true joys is to recognize some outstanding citizens that we have here in Rapid City, and we have a special occasion tonight. And, it truly is a pleasure for me to give you an Executive Proclamation, Jack, and if I could read this for you.” Mayor Hanks then read the Executive Proclamation from the Mayor and City Council of Rapid City declaring March 3, 2009 as Jack van der Geest Day in Rapid City. MAYOR HANKS: “Now, Jack, just so you know there is an awful lot of people that know your story around the state, and I will tell you with a little bit of effort from myself and Alderman Kooiker and other folks we also have someone who wants to recognize you.” Mayor Hanks then read the Executive Proclamation from the State of South Dakota from the Office of the Governor declaring March 3, 2009 Jack van der Geest Day in South Dakota. MR. VAN DER GEEST: “It is not easy to lay still for one minute. You try to lay still for eleven hours in a pile of dead bodies. And, you have to remember what will go through your mind when you lay there and finally that I could be able to jump up. I didn’t expect that after laying there for eleven hours, but I made it. There was just one German guard walking around the pile of dead bodies. I was able to jump up and kill that son of a gun. I took his uniform, and just at that time, a truck came and they said, I was in uniform, that ‘Gehen sie nach Weimar?’ In other words, ‘Are you going to Wiemar?’ Yep. They thought I was going to the girls and the beer and the booze, and I didn’t mind that. So, yeah. So, I got at the camp gate. And, I was lucky I was the only one on board of that truck and was sitting only in front and of course in uniform. And, I took his rifle too. I made sure that I had a weapon with me. And, he looked at me, and he says, ‘OK,’ and I went out of camp. Then I came at the second gate. The same thing and I thought, ‘Gosh, I never knew it was so easy to get out of a death camp.’ But it was all my luck. When I came out, I came on a farmer’s house and the farm woman at that time asked me, ‘What can I do for you?’ I said I am hungry, and I am lost. She said, ‘Now, why don’t you come in?’ Later on when I talked to the family, I found out that this woman knew that I was an escapee of Buchenwald. And, she never said a word, because she laid her own life on the line because if the Gestapo would have found out that she would have helped me, eating and given a place, she would have been killed too. So just to show you, I don’t hate all the German people just the Nazi’s, and believe me, I took care of a lot of them. They cannot speak against me anymore. But, I have lived in all this time here in Rapid City. It is over 55 years now. It is a good time. It is a good place. When we look on the coast or say coming up now in New York, they can have it. They can have it also have it in California, and we’re sitting here with 60, 70 degrees, and we just look up and like there is nothing going on. So, I love Rapid City, and the people in it. Thank you very much.” END OF TRANSCRIPT

Executive Proclamation Rapid City, South Dakota

Office of the Mayor& City Council

Whereas: It is right and proper to give special recognition to our outstanding citizens; and

Whereas: March 3, 2009 marks the sixty-sixth anniversary of the miraculous escape of Jack van der Geest from Buchenwald concentration camp.

Whereas: During World War II, Buchenwald held an estimated 238,980 prisoners. Jack van der Geest survived the death camp of the Holocaust by hiding beneath the dead bodies of other prisoners. He is the only living person of the eight known escapees, who can speak to the unbelievable strength and faith of the people who endured the unspeakable actions of the Holocaust; and

Whereas: Today we honor Jack van der Geest on this the sixty-sixth anniversary of his reported death at Buchenwald. We are proud that Jack now calls Rapid City, South Dakota his home and that he is able to share his powerful experiences with us. As Americans we must never forget the terrible hardships and injustice of Buchenwald and stand together to make certain that it never again exists.

Now Therefore I, Alan Hanks, Mayor of Rapid City, South Dakota on behalf of the City Council of Rapid City, hereby proclaim March 3, 2009 as Jack van der Geest Day in Rapid City, South Dakota in honor of this most worthy citizen.

Alan Hanks, Mayor Rapid City, South Dakota

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