OFFICIAL PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota December 18, 2000

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1 OFFICIAL PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota December 18, 2000 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Rapid City was held at the City/School Administration Center in Rapid City, South Dakota on Monday, December 18, 2000 at 7:00 P.M. Mayor Jim Shaw, Finance Officer James Preston, and the following Alderpersons were present: Tom Johnson, Alan Hanks, Babe Steinburg, Tom Murphy, Jerry Munson, Ron Kroeger and Mel Dreyer; the following arrived during the course of the meeting: Ray Hadley and Rick Kriebel; and the following were absent: Steve Rolinger Motion was made by Munson, seconded by Hanks and carried to approve the minutes of December 4, December 11 and December 13, Bid Opening The following sealed bid for Buildings Materials for the Rapid City Youth Boxing Facility was opened at 2:30: a) Scull Construction (bond submitted) $74, Staff has reviewed the bid and recommends award. Motion was made by Munson, seconded by Murphy and carried to award the bid for building materials for the Youth Boxing Facility to Scull Construction, the only bidder, in the total amount of $74,975. Mayor s Items Motion was made by Hanks, seconded by Kroeger and carried to approve the Mayor s appointment of the following individuals to the Zoning Board of Adjustment: Peter Newman, Vernon Osterloo and Javier Aparicio (alternate). Mayor Shaw and Linda Rabe from the Chamber of Commerce presented the following Millennium Allstar Awards: Past: Annie Tallent; Present: Richard Schleusener and Future: Pauline Lunde and Gloria Brandt for the Rapid City Children s Chorus. Annie Bussler from the Black Hills Tennis Association presented the City with a check in the amount of $5,000. This is the Association s contribution towards the new tennis courts being built in Sioux Park. Rick Kriebel and Ray Hadley entered the meeting at this time. The next item discussed by the Council was the location of a traffic signal at the intersection of Indiana, Meade and Fifth Streets. Babe Steinburg indicated that individuals from South Park School contacted him and requested that no changes be made with this traffic signal until the end of the school year. This will give school personnel time to educate the children on the best way to cross this street. Steinburg requested that staff get traffic counts for these intersections so that good decisions can be made on the location of a traffic signal. Motion was made by Steinburg, seconded by Dreyer and carried to make no changes with this traffic signal until after the current school year. Alcoholic Beverage License Applications This was the time set for hearing on the application of Ashley Hospitality, Inc. dba Uptown Bar & Grill, 615 Main Street, for an On-Sale Liquor License Renewal and Sunday Opening.

2 Motion was made by Johnson, seconded by Munson and carried to continue this hearing until December 27, This was the time set for hearing on the application of Kelly s Sports Lounge, Inc. dba Kelly s Sports Lounge, 825 Jackson Boulevard, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Sam s West, Inc. dba Sam s Club, 1020 LaCrosse Street, for an Off-Sale Liquor License Renewal. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Western Dakota Gaming, Inc. dba Valley Sports Bar, 1865 S. Valley Drive, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of American Legion, Post 22, 818 E. St. Patrick Street, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Karen J. Schumacher dba Brass Rail Lounge, 624 St. Joseph Street, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Casa Del Rey Rapid City, Inc. dba Casa Del Rey, 1902 Mt. Rushmore Road, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Rushmore Rentals, Inc. dba Alex Johnson Hotel, Jefferson Bar, 523 Sixth Street, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Hotel Management, Inc., dba Hotel Alex Johnson, 523 Sixth Street, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Hotel management, inc. dba Hotel Alex Johnson, 523 Sixth Street, for an Off-Sale Liquor License Renewal. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Sanford s Grub & Pub of SD, Inc. dba Sanford s Grub & Pub, 306 Seventh Street, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Century Resources, Inc. dba Century Resources, 1221 Omaha Street, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. 2

3 This was the time set for hearing on the application of Kusler s Conoco, Inc. dba Kusler s Conoco, 701 E. St. Patrick Street, for an Off-Sale Malt Beverage License Transfer (from Horizon Properties Inc.). Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of VFW, Rushmore Post 1273, 420 Main Street, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of Richard Curtis dba Chilkoots, 504 Mt. Rushmore Road, for an On-Sale Liquor License Renewal and Sunday Opening. Motion was made by Johnson, seconded by Munson and carried to continue this hearing until December 27, This was the time set for hearing on the application of Safeway Stores 46, Inc. dba Safeway Store No. 1554, 730 Mt. View Road, for an Off-Sale Liquor License Renewal. Upon motion made by Munson, seconded by Hadley and carried, the Council approved the application (Johnson abstained). This was the time set for hearing on the application of Keith & Dorla Brink dba Carini s Italian Food, 324 St. Joe Street, for an On-Sale Wine License Renewal. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of LaCroix Investments, Inc. dba Bus s Bottle Shop, 615 E. North Street, for an Off-Sale Liquor License Renewal. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of LaCroix Investments Inc. dba Time Out Lounge, 615 E. North Street, for an On-Sale Liquor License Renewal and Sunday Opening. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. This was the time set for hearing on the application of US Motels SD, Inc. dba Days Inn, 1901 W. Main Street, for an On-Sale Liquor License Renewal. Upon motion made by Johnson, seconded by Munson and carried, the Council approved the application. Consent Calendar Items The following item was removed from the Consent Calendar: 38. No. 00DI009 - Approve Air Quality Budgets and Contracts. Motion was made by Hanks, seconded by Dreyer and carried to approve the following items as they appear on the Consent Calendar: Set for Hearing (January 15, 2001) 22. No. 00PD066 A request by Walgar Development Corp. for a Planned Development Designation on a portion of Tract A of Robbinsdale Addition No. 10, and a portion of the NE1/4 of the SE1/4, Section 13, T1N, R7E, B.H.M. Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the southeast corner of Lot 16 Revised of Block 23 of Robbinsdale Addition No. 10, common with the northerly edge of right-of-way for East Minnesota Street, and the Point of Beginning; Thence, first course: N24º39 00 W, along the easterly boundary of said Lot 16 Revised of Block 23, a distance of feet; Thence, second course: N65º42 16 E, a distance of feet; Thence, third course: N67º31 50 E, a distance of feet; Thence, fourth course: N65º37 01 E, a distance of feet, to a point on the southwesterly 3

4 boundary of Lot 4 of Block 24 of Robbinsdale Addition No. 10; Thence, fifth course: S24º20 00 E, along the southwesterly boundary of said Lot 4 of Block 24, a distance of feet, to the southwesterly corner of said Lot 4 of Block 24, common with the northerly edge of right-of-way for East Minnesota Street; Thence, sixth course: S64º33 00 W, along the northerly edge of right-of-way for said East Minnesota Street, a distance of feet, to the southeast corner of said Lot 16 Revised of Block 23, and the Point of Beginning; Said Parcel contains 33,335 square feet or acres more or less, located at the intersection of Minnesota Street and Maple Street. 23. No. 00UR041 - A request by Shooters, Inc. to for a Major Amendment to a Use on Review to allow an on-sale liquor establishment on Tract 2, Arches Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2650 Mount Rushmore Road. 24. No. 00UR042 - A request by City of Rapid City for a Use on Review to allow park improvements at Roosevelt Park on Tract 27 and Tract 27B of Rapid City Greenway Tracts, Section 31, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at Roosevelt Park. Public Works Committee Items 25. PW Approve Change Order No. 01F for SSW99-726, Haines Avenue/I90 Utility Relocation Project to Heavy Constructors, Inc. for a decrease of $65, PW Approve Change Order No. 02F for MIP99-862, Miscellaneous Improvements Project to M-C Construction, Inc. for an increase of $1, PW Approve Change Order No. 02 for ST00-875, West Chicago Street Reconstruction Phase III Project to Hills Materials Company for an increase of $82, PW Approve Change Order No. 02 for SSW00-882, Corral Drive Water and Sanitary Sewer Extension Project to Mainline Contracting, Inc. for an increase of $24, PW Approve Change Order No. 01 for W00-895, Highland Park Drive Street & Utility Reconstruction Project to Heavy Constructors, Inc. for an increase of $19, PW Approve Change Order No. 02 for SSW00-948, Columbus Street, Third Street, Sixth Street Utility Reconstruction Project to Mainline Contracting, inc. for an increase of $44, PW Approve Change Order No. 02F for DR00-963, Pahasapa Road Drainage Project to Lind-Exco, Inc. for an increase of $1, PW Authorize the Mayor and Finance Officer to sign a Letter of Agreement with Johnson Controls, Inc. to extend services on Maintenance Contract for an annual price of $8, PW Authorize the Mayor and Finance Officer to sign Amendment No. 1 to Professional Service Agreement dated February 21, 2000 with Banner Associates, Inc. to Design Cathedral Drive Widening between Tower Road to Fifth Street Project ST for an amount not to exceed $1, PW Authorize the Mayor and Finance Officer to sign a Lease Agreement With Rapid City Girls Junior Olympic Amateur Softball Association Hammerquist Field. 35. PW Authorize the Mayor and Finance Officer to sign a Letter of Agreement with Alliance of Architects & Engineers to Review Solid Waste Collection and Disposal Fee for an amount not to exceed $2, PW Resolution Establishing Fees for Grave Spaces and Cemetery Services. BE IT RESOLVED by the City Council of the City of Rapid City that the following rates are hereby established from and after January 1,

5 Opening and Closing Costs: Infant or small Grave $ Over-sized Infant Adult or Regular Grave Cremain Grave Surcharge for Saturday Opening or Closing Monument Setting Fee Disinterment: Within Cemetery: Three times regular opening an closing cost. Removal from Cemetery: Twice regular opening and closing cost. Grave Space Costs: Pre-Need As-Need Single Adult Grave $ $ Double Stack Grave Cremain Grave Infant Grave Over-sized Infant Dated this 18th day of December, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jim Shaw, Mayor Legal & Finance Committee Items 37. No. LF Authorize Mayor and Finance Officer to Sign Agreement for Independent Contractor Services with Dr. Jack Gaines. 39. No. 00DI007 - Authorize Mayor and Finance Officer to Sign Joint Resolution between the City of Rapid City and Pennington County (Drinking Water Protection Committee. 40. No. PC00GI001 - Authorize Mayor and Finance Officer to Sign Contract with Horizons, Inc. for Pennington County Photography and Rectified Imagery in the Amount of $31, No. PC00GI002 - Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Contract with Surdex, Inc. for Digital GIS Base Map Development Services, Change Order No. 1 In the Amount of $4, No. PC00GI003 - Authorize Mayor and Finance Officer to Sign Amendment No. 1/Change Order No. 1 with Smart Data Strategies, Inc. Parcel Conversion Contract, No Cost, Time Extension to June 30, No. 00PL015 Revise the City Council minutes of November 20, 2000 to correct the legal description for Plat No. 00PL015 Scenic Valley Subdivision as follows: Lots 22 thru 24, Block 6, Lots 9 thru 11, Block 8 and Lots 14 thru 16, Block 9 of Scenic Valley Subdivision. 44. No. LF Approve Request to Submit to the Federal Transit Administration Grant Application SD90X037 for Operating/Capital Assistance for FY No. LF Authorize an Increase in Costs for the Black Hills Council of Local Governments Contract for Managing the Rapid Transit System from $40,188 Annually to $48,417 Annually. 46. No. LF Resolution Writing Off Uncollectible Utility Billing Accounts. WHEREAS the City Finance Office has determined that certain utility billing accounts, shown on Appendix A, attached, and totaling $22, are uncollectible; and 5

6 WHEREAS it is necessary to relieve the accounts receivable of the City of Rapid City for these accounts. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City, that the City Finance Officer be directed to remove such accounts from the active receivables of the City, said accounts being detailed in the official files of the City Finance office. Dated this 18th day of December, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jim Shaw, Mayor 47. No. LF Authorize Mayor and Finance Officer to Sign Corrected Agreement for Professional Services for the City of Rapid City and The Rushmore Plaza Civic Center by and between the City of Rapid City and the Rapid City Area Chamber of Commerce. 48. No. LF Resolution Canceling Checks or Warrants Not Presented for Payment Within Two Years of Date of Issuance. WHEREAS SDCL authorizes the governing body, by resolution, to cancel any check or warrant not presented for payment within two years of the date of issuance; NOW, THEREFORE, BE IT RESOLVED that the checks described in Appendix A, totaling $1,668.12, which have not been presented for payment within two years from the date of issuance, be canceled: Dated this 18th day of December, ATTEST: s/ James F. Preston Finance Officer (SEAL) THE CITY COUNCIL s/ Jim Shaw, Mayor 49. Approve the following Licenses: Metals and Gems: The Gun Shop, John Stone; The Pawn Shop, John Stone; Pawn Shop: First National Pawn, Inc. (935 E. North Street), Barbara Brown; The Pawn Shop, John Stone; First National Pawn, Inc. (320 East Boulevard), Barbara Brown; The Gun Shop, John Stone; Plumbing Apprentice: Ryan Klug, Josh Reinert, Jeremy Salzer; Plumber: Mike Kasper; Second Hand: The Gun Shop, John Stone; The Pawn Shop, John Stone; Security Business: Peace Keeper Security, Inc., Ryan R. Schuler; Rochester Armored Car Co., Inc., Michael M. Munsch; Residential Contractor: Block Masonry, Inc., Wayne & Dianne Block; Chores, Douglas D. Wahl; Dave s Custom Carpentry, Dave Ormesher; George H. Jackson Const., George H. Jackson; Jim s Plumbing & Heating, Inc., Jim Schnittgrund; Jones Construction Co., Ross & Melanie Jones; Glen & Mary Kane Enterprises, Inc.; Morton Buildings, Inc., Gary Sabers; Oak Creations, Butch Riggert; R. C. Peter Construction, Inc., Richard C. Peter; Seidel Concrete, Randy & Krystal Seidel; Sykora Construction, Brian Sykora; The Construction Company, Wade A. Reynolds & Ross F. Niemann; Inactive Residential Contractor: Industrial Services Company, William M. Bill Larson. 50. No. 00DI008 - Approve Request by the Rapid City Historic Preservation Commission to Authorize Mayor and Finance Officer to Sign the Year Certified Local Government Grant Agreement. 6

7 51. Request that the Mayor appoint a seven-member board to oversee operations of The Journey Museum (2 members from City Council plus Finance Officer James Preston Serving as a Liaison) and fund up to $125,000 for the Museum in FY2001. Raffle 52. CC Request from Youth & Family Services Center Based Head Start Parent Association to conduct a raffle, drawing to be held on March 1, 2001 End of Consent Calendar Motion was made by Kroeger and seconded by Dreyer and carried to approve No. 00DI009, the Air Quality Budgets and Contracts. Munson expressed concern about a recent air pollution alert he received for the Pennington County area. He urged staff to do everything possible to enforce clean air regulations. Upon vote being taken, the motion carried unanimously. Public Hearings The Mayor announced that the meeting was open for consideration of the assessment roll for Parkview Drive Construction Project ST Motion was made by Johnson and seconded by Dreyer to approve the assessment roll. Bjerke explained that the assessment roll has been changed and he requested that this item be continued so that the affected property owners can be notified. Substitute motion was made by Kroeger, seconded by Munson and carried to continue this hearing until January 15, The Mayor announced that the meeting was open for consideration of the assessment roll for Cliff Drive Sewer Extension Project SS Notice of the hearing was published in the Rapid City Journal on November 27, 2000 and mailed to affected property owners on November 13, Motion was made by Munson and seconded by Dreyer to continue this hearing until January 15, Japeth Boyce requested that the Council remove the assessment for the property owned by Dorothy Boyce, for the following reasons: 1) this is flag pole lot which would have a very long driveway and it would be a dangerous intersection on Cliff Drive; and 2) the land is limestone and blasting for any type of water or sewer systems could damage existing wells in the area. Bjerke explained that if the council wants to eliminate the property from the assessment roll, this hearing should be continued so that staff can do the necessary calculations to add the costs to the remaining properties. If the Council feels the assessment roll was prepared correctly and no changes should be made, it can be approved now. Dreyer stated that he doesn t feel the other property owners will want to pick up the cost for this property. Johnson stated that he feels all property can be developed. This type of issue should be discussed at the beginning of the project, not the end. Boyce stated that the method of assessment was not spelled out in the initial letter that he received relative to this project. Bjerke explained the normal process for an assessed project. The method of assessment is decided at an informal meeting of the affected property owners prior to the project being constructed. Munson stated that he could not support a change in the method of assessment because of the timing. Substitute motion was made by Dreyer to approve the following Resolution: RESOLUTION LEVYING ASSESSMENT FOR CLIFF DRIVE SANITARY SEWER MAIN EXTENSION II PROJECT SS BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The City Council has made all investigations which it deems necessary and has found and determined that the amount which each lot or tract shall be benefited by the sewer main extension project is the amount stated in the proposed assessment roll. 7

8 2. The assessment roll for Cliff Drive Sanitary Sewer Main Extension II Project SS is hereby approved and assessments thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the filing of the assessment roll in the Office of the Finance Officer shall be collected by the City Finance Office in accordance with the procedure in Section to of the South Dakota Compiled Laws of 1967, as amended, and shall be payable in ten annual installments bearing interest at the rate not to exceed nine percent (9%). Dated this 4th day of December, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jim Shaw, Mayor The motion for adoption of the foregoing Resolution was seconded by Steinburg. Hanks abstained from discussion or voting on this issue. The following voted AYE: Johnson, Murphy, Steinburg, Munson, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for consideration of the assessment roll for Sidewalk Improvement Project SWK Notice of hearing was published in the Rapid City Journal on December 11, 2000 and mailed to affected property owners on November 21, No oral or written objections were submitted. The Mayor introduced the following resolution and Johnson moved its adoption: RESOLUTION LEVYING ASSESSMENT FOR SIDEWALK IMPROVEMENT PROJECT SWK BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The City Council has made all investigations which it deems necessary and has found and determined that the amount which each lot or tract shall be benefited by the sidewalk improvement project is the amount stated in the proposed assessment roll. 2. The assessment roll for Sidewalk Improvement Project SWK is hereby approved and assessments thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the filing of the assessment roll in the Office of the Finance Officer shall be collected by the City Finance Office in accordance with the procedure in Section to of the South Dakota Compiled Laws of 1967, as amended, and shall be payable in ten annual installments bearing interest at the rate not to exceed nine percent (9%). Dated this 18th day of December, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jim Shaw, Mayor 8

9 The motion for adoption of the foregoing Resolution was seconded by Steinburg. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Munson, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The Mayor announced that the meeting was open for consideration of the assessment roll for Farlow Avenue Water Main Extension Project W Notice of hearing was published in the Rapid City Journal on December 11, 2000 and mailed to affected property owners on November 21, No oral or written objections were submitted. The Mayor introduced the following resolution and Johnson moved its adoption: RESOLUTION LEVYING ASSESSMENT FOR FARLOW AVENUE WATER MAIN EXTENSION PROJECT W BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The City Council has made all investigations which it deems necessary and has found and determined that the amount which each lot or tract shall be benefited by the water main extension project is the amount stated in the proposed assessment roll. 2. The assessment roll for Farlow Avenue Water Main Extension Project W is hereby approved and assessments thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the filing of the assessment roll in the Office of the Finance Officer shall be collected by the City Finance Office in accordance with the procedure in Section to of the South Dakota Compiled Laws of 1967, as amended, and shall be payable in ten annual installments bearing interest at the rate not to exceed nine percent (9%). Dated this 18th day of December, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jim Shaw, Mayor The motion for adoption of the foregoing Resolution was seconded by Steinburg. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Munson, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The next item discussed by the Council was a Local Law Enforcement Block Grant in the sum of $159,915. Chief of Staff Dick Talley explained that this public hearing is a requirement of the Grant in order to give the public an opportunity to comment on the proposed uses of these funds. The Advisory Committee has recommended that the funds be used for the following items: 1) Upgrade of the Police Department s record management system (in conjunction with the Sheriff s Department); 2) video cameras for patrol cars; 3) cell phones and one-year support service for detectives and patrol vehicles; 4) stop sticks; and 5) arrow sticks. Motion was made by Johnson and seconded by Steinburg to approve the recommendation of the Advisory Committee. Upon vote being taken, the motion carried unanimously. Planning Department Consent Items Motion was made by Kroeger, seconded by Hanks and carried to approve the following items in accordance with the recommendation contained in the Council Packet: 9

10 58. No. 99PL120 - A request by Gary Renner for Larry Teuber to consider an application for a Preliminary and Final Plat on Lots 1, 2, 3 and 4 of Block 4 of Spring Canyon Estates (formerly Lot 2B & Lot 1 of Block 1 of Spring Canyon Estates and the NE1/4 of the SW1/4) located in the SW1/4 of the NW1/4, the NW1/4 of the SW1/4 and in the NE1/4 of the SW1/4 of Section 5, T1S, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of Clarkson Road. (CONTINUE TO FEBRUARY 5, 2000) 59. No. 00PL018 - An application by Alliance of Architects for Black Hills Habitat for Humanity for a Preliminary and Final Plat on Lots 3 thru 6 of Habitat Subdivision formerly Lots 1 thru 15, Lot 4 and a portion alley, Block 4, Schnasse Addition to the City of Rapid City located in the NW1/4 of the SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Herman Street and East Watertown Street. (CONTINUE TO JANUARY 2, 2001) 60. No. 00PL048 - An application by Gary Renner for Dacotah Cement for a Preliminary and Final Plat on Lot 1 of Limestone Tunnel Subdivision located in the SW1/4 of the NE1/4 and the SE1/4 of the NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located approximately 1/4 mile south of the intersection of Universal Drive and S.D. Highway 79 on the west side of S.D. Highway 79. (CONTINUE TO JANUARY 2, 2001) 61. No. 00PL055 - An application by Wyss Associates for B.E. Development for a Final Plat on Lots 1 through 11 of Block 1 and Lots 1 through 11 of Block 2 of Skyview North Subdivision and Lot 25R of Minnewasta Subdivision (formerly Lot 25 of Minnewasta Subdivision) located in the E1/2 of SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the east end of Harney Road. (CONTINUE TO JANUARY 2, 2001) 62. No. 00PL066 - An application by Sandra Runde for Franklin Simpson for a Final Plat on Tract A of Fountain View Subdivision in the E1/2 NW1/4 SW1/4 Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the existing terminus of Harmony Heights Lane. (CONTINUE TO JANUARY 15, 2001) 63. No. 00PL076 - An application by Doug Sperlich for Gary Rasmusson for a Preliminary and Final Plat on Lots 25 and 26 of Block 23 and Lots 5 and 6 of Block 24 of Robbinsdale Addition No. 10 (formerly a portion of Tract A of Robbinsdale Addition No. 10 and a portion of the NE1/4 of the SE1/4 of Section 13) located in the NE1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Maple Avenue and East Minnesota Street. (CONTINUE TO JANUARY 2, 2001) 64. No. 00PL081 - An application by Dream Design for Legacy Land Development was considered for a Preliminary and Final Plat on Lots 5 and 6, Block 2 and Lots 18 thru 24, Block 6 and Lot 2, Block 7 of The Meadows Subdivision, located in a portion of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of the intersection of Field View Drive and Derby Lane. (CONTINUE TO JANUARY 2, 2001) 66. No. 00PL089 - A request by Dream Design International to consider an application for a Final Plat on Lots 4-8, Block 1 and Lots 10-17, Block 3, Lot 8, Block 4 and Lots 1-15, Block 5 and Lots 4-7, 18, Block 6 and Lots 1-7, Block 7 and Lot 1, Block 8, all located in Valley Ridge Subdivision, located in NE1/4 of SE1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at the current western terminus of South Pitch Drive and Solitaire Drive. (CONTINUE TO JANUARY 15, 2001) 10

11 67. No. 00PL094 - A request by City of Rapid City to consider an application for a Layout, Preliminary and Final Plat on Lot 1 of the Valley East Addition (formerly S1/2 SW1/4 NE1/4 less Lot H2 & less R.O.W.) all located in NE1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of S.D. Highway 44 East (Rapid Valley). (DENY WITHOUT PREJUDICE) 69. No. 00PL100 - A request by Rick Kahler for South Elm Development LLC to consider an application for a Layout, Preliminary and Final Plat on Lot C of the N1/2 of Government Lot 4 (formerly a portion of Lot B of the N1/2 of Government Lot 4) located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located approximately 1/4 mile south of the intersection of Minnesota Street and Parkview Drive. (CONTINUE TO JANUARY 15, 2001) 70. No. 00PL108 - A request by Fisk Engineering for Sun-Rise Construction to consider an application for a Lot Split on Lot 5 Revised of Sandstone Ridge Subdivision and Lot 26-R1 Revised of Fairway Hills PRD, formerly all of Lot 5 of Sandstone Ridge Subdivision and all of Lot 26-R1 of Fairways Hills P.R.D. located in the SE1/4 NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Sheridan Lake Road and Holiday Lane. (CONTINUE TO JANUARY 15, 2001) 71. No. 00PL110 - An application by Renner & Sperlich Engineering for Buescher Frankenberg Assoc. Inc. for a Preliminary and Final Plat on Lots A & B of Lot 5R of Meridian Subdivision (formerly Lot 4B and Lot 5R of Meridian Subdivision) located in the SW1/4 of the SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Anamosa Street and LaCrosse Street. (CONTINUE TO JANUARY 2, 2001) 73. No. 00PL117 - A request by Doug Sperlich for Dennis Zandstra to consider an application for a Preliminary and Final Plat on Lots 1R and 2R of Block 8 of Elks Country Estates (formerly Lots 1 & 2 of Block 8 of Elks Country Estates) located in N1/2 of SE1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Augusta Drive and Jolly Lane. (CONTINUE TO JANUARY 2, 2001) 75. No. 00RD003 - A application by Leo Hamm Family Ranch and Harley Taylor for a Resolution changing that portion of the road named Rolling Thunder Trail located within the city limits of Rapid City, the unnamed portion of the section line right-of-way, and the unnamed access easement to Shooting Star Trail on the 66 foot access easement shown on Lot 2, Block 3 of the Plat of Wildwood Subdivision, including Lots 1 thru 5, Block 1 Lots 1 thru 4, 7 thru 17, 32 thru 42, Block 2, Lots 1 thru 5 and Lots 22 & 23, Block 3 located in W1/2 SE1/4 & portions of the E1/2 SE1/4 & E1/2 SW1/4 of Section 21, T1N, R7E, BHM, Pennington County, South Dakota and that portion of the section line highway lying between the SW1/4 SE1/4 Section 21 and the NW1/4 NE1/4 Section 28, T1N, R7E, BHM, Pennington County, South Dakota, located south and west of Wildwood Subdivision. (CONTINUE TO JANUARY 2, 2001) END OF PLANNING CONSENT CALENDAR The Mayor presented No. 00PL087, an application by Dream Design International for a Preliminary and Final Plat, located southwest of Wildwood Subdivision and north of Rolling Thunder Trail. The following Resolution was introduced, read and Kroeger moved its adoption, with the following stipulations: 1) That the associated annexation request is approved; 2) That prior to City Council approval of the Final Plat, the petitioner shall have 11

12 entered into a Waiver of Right to Protest Agreement with the City regarding all subdivision improvements including: sanitary sewer, water, paving, curb and gutter, sidewalks and street lighting unless the accompanying Subdivision Variance request is granted. This waiver shall apply to the section line highway and shall also apply to any additional easements or right-ofway required; 3) That prior to City Council approval of the Final Plat, the petitioner shall have received approval of that portion of the Subdivision Variance request to allow platting of only one-half of a public right-of-way; 4) Any further platting of the unplatted balance will require the submittal of a master plan showing general lot layouts and road connections; 5) Prior to City Council approval of the Final Plat, the petitioner must submit evidence showing that Lot 1 will be able to use the access easement located at the east end of the section line roadway; 6) Prior to City Council approval of the Preliminary Plat, the petitioner shall submit a document prepared by a professional surveyor showing the location of the existing gravel roadway with respect to the section line highway and the proposed property lines. If the roadway or a portion thereof is located outside of the existing section line highway then an access easement or additional right-of-way must be dedicated to accommodate the road, subject to Staff approval; 7) Prior to City Council approval of the Preliminary Plat, the petitioner shall submit a document prepared by a professional surveyor showing the location of the existing entry gate feature with respect to the section line highway and proposed property lines. If the feature or a part thereof is located within the section line highway then it shall be removed prior to City Council approval of the Final Plat; 8) Prior to Final Plat approval, the street name on the plat shall be revised to read the same as that approved in the associated street renaming request; 9) Prior to City Council approval of the Final Plat, the petitioner shall submit a rezoning application for the subject property and the City shall have approved of the application; and 10) Prior to City Council approval of the Preliminary Plat, all required drainage easements shall be shown on the plat subject to Staff review and approval. RESOLUTION APPROVING PLAT WHEREAS a Plat of Lot 1 of Shooting Star Subdivision located in the unplatted portion of the SE1/4 SW1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, was filed with the Finance Officer for the purpose of examination and approval by the governing body, and WHEREAS it appears that the system of streets set forth therein conforms with the system of streets of the existing plats of the City, that all provisions of subdivision regulations have been complied with, that all taxes and special assessments upon the property have been fully paid, and that such plat and the survey thereof have been executed according to law. NOW, THEREFORE, BE IT RESOLVED that the Plat of Lot 1 of Shooting Star Subdivision located in the unplatted portion of the SE1/4 SW1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, be, and the same is hereby approved and the Finance Officer of Rapid City is hereby authorized to endorse on such plat a copy of this Resolution and certify to its correctness. Dated at Rapid City, South Dakota, this 18th day of December, ATTEST: s/ James F. Preston Finance Officer (SEAL) CITY OF RAPID CITY s/ Jim Shaw, Mayor The motion for adoption of the foregoing Resolution was seconded by Steinburg. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Munson, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. 12

13 The Mayor presented No. 00PL097, an application by Doug Sperlich for Gary Rasmusson for a Preliminary and Final Plat on Lots 15 and 16 of Block 28 of Robbinsdale Addition No. 10 located in the NE1/4 of the SW1/4 of Section 13, T1N, R7E,BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Annamaria Drive and Alta Vista Drive. Motion was made by Kroeger, seconded by Hanks and carried to refer this item back to the Planning Commission, at the applicant s request. The Mayor presented No. 00PL115, a request by Dream Design for Stoney Creek Inc. for a Preliminary and Final Plat on Lot 1 of Autumn Hills Plaza Subdivision located in the SW1/4 of the NW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located approximately 1,050 feet north of the intersection of Catron Boulevard and Sheridan Lake Road. Dreyer abstained from voting on this item. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until January 15, The Mayor presented No. 00PL118, a request by FMG, Inc. for Dean Kelly Construction for a Preliminary and Final Plat on Lots 1 through 14 of Sunshine Hills Subdivision and dedicated public right of way shown as Sunshine Trail, Coneflower Lane and Sheridan Lake Road, formerly Lots 1, 2 and 3 of the SE1/4 NE1/4 of Section 21, located in the SE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Wildwood Subdivision on the west side of Sheridan Lake Road. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until December 27, The Mayor presented No. 00PL101, an application by James L. Olesen for a Layout Plat on Tract B of Olesen Subdivision located in the NW1/4 of the SW1/4 of Section 26, T1N, R8E, BHM, Pennington County, South Dakota, located approximately two miles south of South Dakota Highway 44 on Reservoir Road. Motion was made by Kroeger, seconded by Steinburg and carried to deny this item without prejudice. Planning Department - Hearings The Mayor presented No. 00PD051, a request by Sun-Rise Construction for Kenneth L. Kirkeby and Patrick R. Hall for a Major Amendment to a Planned Residential Development to allow an eight unit condo complex on Lot 12 of Block 3 of Tract BR of Mountain Springs Subdivision, Section 32, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the east side and at the dead end of City Springs Road in Kirkwood Meadows. Motion was made by Kroeger, seconded by Hanks and carried to approve the Amendment with the following stipulations: 1) Prior to issuance of Building Permit, the applicant shall provide detailed topographic information and a grading plan for review and approval; 2) Prior to issuance of Building Permit, the applicant shall provide a drainage plan including all relative calculations; 3) Prior to issuance of Building Permit, the applicant shall provide an erosion control plan; 4) Prior to issuance of Building Permit, the applicant shall provide a site plan identifying the location of all water and sewer mains and service lines. The site plan shall also include the location of all fire hydrants; 5) Prior to issuance of Building Permit, the applicant shall provide plans for the extension of the sidewalk on the east side of City Springs Road; 6) Prior to issuance of Building Permit, the applicant shall provide plans for a street light to be provided at the north property line; 7) Prior to issuance of Building Permit, the applicant shall provide a revised site plan identifying an on-site fire hydrant; 8) Prior to issuance of Building Permit, the applicant shall provide access to within 150 feet of all portions of the condominium building or the structure shall be sprinkled; and, 9) Prior to issuance of Building Permit, the applicant shall provide shall provide a detailed landscaping plan. The Mayor presented No. 00PD053, a request by Ron Baker for Baker Planned Communities for a Planned Residential Development - Initial and Final Development Plan on Parcel D of MJK Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of East Minnesota Street and Odde Drive. Motion 13

14 was made by Kroeger, seconded by Hanks and carried to approve the Development Plan with the following stipulations: 1) Prior to issuance of a Building Permit for each phase, detail engineering plans shall be submitted for review and approval; 2) Prior to Certificate of Occupancy for any dwelling unit in Phase 4, the applicant shall provide a emergency turnaround at the end of the parking lot or the applicant shall provide a paved second access; 3) Prior to issuance of a Building Permit for Phase 7, the applicant shall install and activate all fire hydrants on the west and south side of the project; 4) Prior to construction of any phase, an emergency temporary turnaround shall be installed; 5) Prior to approval by the City Council, the applicant shall provide a detailed landscape plan for the open space along the Minnesota Street for review and approval. A total of 32,000 landscape points shall be located to the area along the Minnesota Street frontage. A minimum of 50 percent of those landscape points shall be provided as evergreen trees; 6) Prior to issuance of a building permit for each phase, a detailed landscape plan shall be submitted for review and approval; 7) Prior to issuance of a Certificate of Occupancy for any dwelling unit in Phase 5, the applicant shall construct the entire internal circulation aisle to provide a secondary access for all the dwelling units; 8) One van accessible parking stall shall be provided adjacent to each building; and, 9) A total of seventy-two (72) dwellings shall be allowed. The Mayor presented No. 00PD054, a request by Ennis and Associates for Mike Tennyson, Pat Hall and Ken Kirkeby for a Major Amendment to a Planned Residential Development to reduce the side yard setback from 30 feet to 15 feet on Lot 5 of Sandstone Ridge Subdivision and a portion of Lot 26 R-1 of Fairway Hills PRD, located in the SE1/4 of the NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded in Book 23 of Plats on Page 187, more fully described as follows: Beginning at the northwest corner of said Lot 26 R-1, said corner being marked by a rebar with a 1019 cap, Thence, S 87º42 21 E, along the northerly property line of Lot 26 R-1, a distance of feet to the northeasterly corner of Lot 26 R-1, said corner being marked by a rebar with a 1019 cap, Thence, S 74º13 13 W, a distance of feet to a point on the westerly line of Lot 26 R-1, said corner being marked by a rebar with 2199 cap; Thence, N11º07 57 W, along the westerly line of Lot 26 R-1, a distance of feet, to the point of beginning. Said tract of land contains 4,218 square feet more or less, located at the intersection of Sheridan Lake Road and Holiday Lane. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until January 15, The Mayor presented No. 00PD055, a request by Robert Pagan for a Major Amendment to a Planned Residential Development to reduce the rear yard setback from 25 feet to 8 feet on Lot 35R of Woodridge of Cathedral Heights located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of Flormann Street and Ponderosa Place. Motion was made by Kroeger, seconded by Hanks and carried to approve the Amendment with the following stipulations: 1) Prior to issuance of any permits, including building and grading permits, the applicant shall provide a grading plan, temporary and permanent erosion control plan and retaining wall design completed by a registered professional engineer; 2) Prior to issuance of a Building or Grading permit any proposed work on Woodridge Common property shall be approved in writing by the Woodridge Homeowner s Association. A copy of the written approval shall be filed with the City; and, 3) Prior to issuance of any permits detailed construction plans shall be submitted showing any proposed changes within drainage easements The Mayor presented No. 00PD056, a request by Barbara Van Ekeren for a Major Amendment to a Planned Commercial Development to reduce the rear yard setback on Lot 2 of Lot A of Block 6 of Northern Heights Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Haines Avenue and Anamosa Street. Motion was made by Kroeger, seconded by Hanks and carried to approve the Amendment with the following stipulations: 1) Prior to issuance of either a grading or building permit, a detailed drainage plan and calculations prepared by a Professional Engineer shall be submitted for review and approval; 2) Prior to issuance of 14

15 either a grading or building permit, engineering plans for all retaining walls prepared by a Professional Engineer shall be submitted for review and approval; 3) Prior to issuance of either a grading or building permit, engineering plans for the all improvements in Haines Avenue right-of-way prepared by a Professional Engineer shall be submitted for review and approval; 4) Prior to issuance of either a grading or building permit, engineering plans for the water and sewer services lines by a Professional Engineer shall be submitted for review and approval; 5) Prior to issuance of either a grading or building permit, an easement or written agreement from adjacent property owners shall be provided for all off-site grading; 6) Prior to issuance of either a grading or building permit, an erosion/sedimentation control plan shall be submitted for review and approval; 7) Prior to issuance of either a grading or building permit, an Air Quality Permit shall be obtained; 8) Prior to City Council approval of the Major Amendment, a complete sign package shall be submitted for review and approval. No offpremise signage shall be allowed; 9) Prior to City Council approval of the Major Amendment, elevations of the building shall be provided which include the type and color of materials; 10) Prior to issuance of either a grading or building permit; a detailed landscape plan identifying the location, size and type of all proposed landscape materials in accordance with the Landscape Regulations shall be provided for review and approval; 11) All parking shall be in compliance with Parking Regulations of the Rapid City Municipal Code; and, 12) The uses of the structure shall be limited to retail sales, personal, professional, and business service establishments, offices, and restaurant. Additional uses may be allowed with the approval of a Major Amendment to the Planned Commercial Development. The Mayor presented No. 00PD057, a request by SDC, Inc. for a Major Amendment to a Planned Commercial Development to allow a motel and restaurant on Tract A Revised, Tract C Revised and Tract D, Walpole Heights Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2710 Mount Rushmore Road. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until January 15, The Mayor presented No. 00PD058, a request by Dream Design for Stoney Creek Inc. for an Initial and Final Planned Residential Development to be located on the following property: A parcel of land located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Beginning at the NE Corner of the intersection of Sheridan Lake Road and Catron Boulevard Right-of-ways, thence N00º03 41 W, feet to the True Point of Beginning; thence N00º03 41 W along said right of way line feet; thence departing said right of way line, N89º21 15 E, feet to a point lying on the southerly boundary line of Autumn Hills Subdivision; thence along said southerly boundary line the following three courses: thence N89º20 21 E, feet; thence N89º21 08 E, feet; thence N89º19 52 E, feet; thence departing said southerly line, S11º18 01 E, feet; thence S65º11 42 W along the northerly line of Lot 1 of Autumn Hills Plaza Subdivision, feet to the True Point of Beginning, containing acres, more or less, located approximately 1,050 feet north of the intersection of Catron Boulevard and Sheridan Lake Road. Dreyer abstained from discussion or voting on this item. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until January 15, The Mayor presented No. 00PD060, a request by Lee Geiger for First Western Bank Sturgis for a Major Amendment to the Initial Development Plan - Planned Commercial Development on Lots 1-16, Block 4 of Riverside Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Omaha Street and West Boulevard. Motion was made by Kroeger, seconded by Hanks and carried to approve the Amendment, with the following stipulations: 1) Prior to Final Development Plan approval by the Planning Commission, site grading and drainage plans shall be submitted for review and approval; 2) Prior to Final Development Plan approval by the Planning Commission, complete engineering plans shall be submitted for any improvements in public right-of-ways; 3) Prior to Final Development Plan approval by the 15