PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota. September 5, 2006

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1 PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota September 5, 2006 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 Tuesday, September 5, 2006 at 6:30 P.M. The following members were present: Mayor Jim Shaw and the following Alderpersons: Mike Schumacher, Karen Olson, Ron Kroeger, Sam Kooiker, Malcom Chapman, Tom Johnson, Lloyd LaCroix, Bob Hurlbut, and Deb Hadcock; and the following Alderpersons arrived during the course of the meeting: Bill Okrepkie, and the following were absent: None. Council President Johnson noted the absence of Alderman Okrepkie, explaining that Okrepkie was unable to change his work schedule and indicated Okrepkie would attend the Council meeting later in the evening. Staff members present included Finance Officer Jim Preston, City Attorney Jason Green, Growth Management Director Marcia Elkins, Public Works Director Dirk Jablonski, Fire Chief Gary Shepherd, Police Chief Craig Tieszen, Parks & Recreation Director Jerry Cole, Civic Center Manager Brian Maliske, and Administrative Coordinator Jackie Gerry. APPROVE MINUTES Chapman moved, second by LaCroix and carried to approve the minutes of August 21, 2006; special Council minutes of August 21, 2006 and August 28, 2006, and Information Committee Meeting of August 23, ADOPTION OF THE AGENDA The following items were added to the agenda: 16.A. First Reading, Ordinance No. 5182, Supplemental Appropriation No. 5 for FY A. Approve appointment of Julie Gregg to the Planning Commission as an Alternate 108.B. Update of Information Display Case, C/SAC Lobby, Alderman Schumacher 110.A. Request for Proposals for Holiday Decorations for City Center Area, City of Rapid City, South Dakota (opening September 5, 2006) Hurlbut moved, second by Olson and carried to adopt the agenda as amended. EXECUTIVE SESSION Olson moved, second by Schumacher and carried to go into Executive Session at 6:38 P.M. to discuss pending litigation and contractual matters. The Council came out of Executive Session at 7:18 P.M. with all members present: No report was given. GENERAL PUBLIC COMMENT

2 Lisa Sissenstein, Rapid City spoke of concession funds generated by the Civic Center during a time when a number of events where being hosted at the Civic Center, and suggested those revenues can not be associated with one event. Sissenstein pointed out the contracts signed by the tournament officials does not address smoking. As elected officials, Sissenstein asked that the Council respond to the public and take a stance on the issue of smoking in the Civic Center. Peter Sarrano, Rapid City asked for a ban on smoking for all events in the Civic Center. Sarrano believed that it is the response of City government to accept responsibility to regulate tobacco products and regulate where they can not be used. Sarrano spoke of the immediate concern of loss of revenue and explained that the most accurate data indicates that people who smoke did not stop frequenting their favorite establishment; they merely stop smoking while they were at their favorite establishment. He did not believe the pool and dart tournaments would leave the Civic Center, if a smoking ban were implemented, because there is no other venue in the City that could support these events. Jackie Schwartz, Box Elder indicated that she is a pool player deserving of the same protection offered to others who attend non-smoking events at the Civic Center. Schwartz pointed out that the Sioux Falls Arena enforced a no smoking policy and the pool and dart tournaments relocated to the Civic Center because they would be allowed to smoke. She suggested there is no other venue that could support these tournaments because of the large number of participants. Stacey Wollman, Rapid City spoke of the risk of second hand smoke that have been documented. Wollman indicated that as a vendor at the Civic Center during the stock show, she heard complaints from other vendors about the smoke. She suggested that the taxpayers should not be held liable for law suits stemming from ill health effects suffered from second hand smoke. Wollman encouraged the Council to address the issue of smoking in the Civic Center. Dr. Kevin Weiland, Rapid City indicated that smokers have a choice, a choice to smoke and to get addicted. Smokers have a choice when they go the Civic Center to smoke outside. Someone with a disability, lung disease, heart disease, or asthma has no choice. Second hand smoke can jeopardize people with these diseases; and The Americans with Disabilities Act of 1990 protects these people. Dr. Allan Nord, Rapid City reported that it has been determined that tobacco smoke is a poisonous gas; and it is known that second hand smoke is the third leading cause of preventable death in America. Nord reported that the US Surgeon General reports that there is no risk-free level of exposure to second hand smoke. PUBLIC HEARINGS The Mayor announced the meeting was open for consideration of No. LF , a Resolution Levying Assessment for Cleanup of Miscellaneous Properties. Notice of hearing was mailed to the affected property owners on August 28, 2006, and published in the Rapid City Journal on August 26, No oral or written objections were submitted. Olson moved, second by Hadcock to approve. Upon a request from the City Attorney Green, the following resolution was introduced, read and Olson made a substitute motion for its adoption, striking John P. Weber, North Rapid Subdivision, Block 15, Lots 15 and 16 from the Resolution Levying Assessment: RESOLUTION LEVYING ASSESSMENT FOR CLEANUP OF MISCELLANEOUS PROPERTIES BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 2

3 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 property clean-up is the amount stated in the proposed assessment roll. 2. The assessment roll for Miscellaneous Property Cleanup 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 one annual installment bearing interest at the rate not to exceed nine percent (9%). Dated this 5 th day of September, ATTEST: s/ James F. Preston Finance Officer CITY OF RAPID CITY s/ Jim Shaw, Mayor (SEAL) The motion for the adoption of the foregoing resolution was second by Hurlbut. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Hurlbut, and Hadcock; NO: None; whereupon said resolution was declared duly passed and adopted. The Mayor presented No. 06CA019, a request by Barbara Fierro for WellSpring, Inc. and Calvary Lutheran Church for an Amendment to the Comprehensive Plan to change the Long Range Comprehensive Plan to change the land use designation from Residential to Office Commercial with a Planned Commercial Development on Lots 2 thru 15, 18 thru 23, 24 thru 34, Block 9, The Cottonwoods Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3402 Cottonwood Street. Olson moved, second by Chapman to deny without prejudice. Growth Management Director Elkins explained the Planning Commission directed staff to advertise for a public hearing on an ordinance amendment which would add teenage care centers as a Conditional Use in a Medium Residential District. Jim White, WellSpring board member indicated his support for this organization. Janell Jewett, Rapid City also spoke of her support for this organization and suggested this organization will make a good neighbor. Barbara Fierro, WellSpring Development Director offered support for staff s effort to amend the ordinance and the opportunity to apply for a Conditional Use when appropriate. Tom Main, Rapid City offered support to deny the rezoning. Evelyn Flannigan, Rapid City also offered support to deny. Alf Riisnaes, Rapid City also offered support to deny. Steven Brenden, Rapid City indicated his opposition to this issue. Upon a vote to deny without prejudice, motion carried. Johnson moved, second by Chapman and carried to consider No. 06RZ020, second reading of Ordinance No. 5169, a request by Barbara Fierro for WellSpring, Inc. and Calvary Lutheran Church for a Rezoning from Medium Density Residential District to Office Commercial District. 3

4 The Mayor announced the meeting was open for hearing on No. 06RZ020, second reading of Ordinance No. 5169, a request by Barbara Fierro for WellSpring, Inc. and Calvary Lutheran Church for a Rezoning from Medium Density Residential District to Office Commercial District on Lots 2 thru 15, 18 thru 23, 24 thru 34, Block 9, The Cottonwoods Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3402 Cottonwood Street. Chapman moved, second by Hurlbut and carried to deny without prejudice. The Mayor announced the meeting was open for hearing on No. 06CA022, a request by Centerline, Inc. for Rapid City Area School District No. 51 for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Future Land Use Plan to change the land use designation from Public to Low Density Residential with a Planned Residential Development on a parcel of land located in the NW1/4 NW1/4 NE1/4, Less right-of-way, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Enchanted Pines Drive and Fifth Street. The following resolution was introduced, read and Olson moved its adoption: RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY WHEREAS the Rapid City Planning Commission has reviewed the proposed amendment to the Comprehensive Plan and made a recommendation to the Rapid City Council; and WHEREAS the Rapid City Council held a public hearing on the 5 th day of September at which they considered the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan; and WHEREAS, the proposed Amendment to the Comprehensive Plan would revise the South Robbinsdale Neighborhood Future Land Use Plan to change the land use designation from Public to Low Density Residential with a Planned Residential Development on a parcel of land located in the NW1/4 NW1/4 NE1/4, Less right-of-way, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and WHEREAS, it appears that good cause exists to amend the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the Comprehensive Plan of the City of Rapid City be amended by changing South Robbinsdale Neighborhood Future Land Use Plan to change the land use designation from Public to Low Density Residential with a Planned Residential Development on a parcel of land located in the NW1/4 NW1/4 NE1/4, Less right-of-way, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota as attached to the original hereof and that such amendment be filed with the City Finance Office Dated this 5 th day of September, ATTEST: s/ James F. Preston Finance Officer CITY OF RAPID CITY s/ Jim Shaw, Mayor (SEAL) 4

5 The motion for the adoption of the foregoing resolution was second by Kroeger. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Hurlbut, and Hadcock; NO: None; whereupon said resolution was declared duly passed and adopted. The Mayor presented No. 06PD041, an appeal of the Planning Commission's decision on a request by Sperlich Consulting Inc. for William Donhiser for a Planned Commercial Development - Final Development Plan on Lots 2 and 3 of Block 1, Stoney Creek South Subdivision, located in the NW/14 SW1/4, and the SW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the Sheridan Lake Road and Catron Boulevard. Olson moved, second by Kroeger that the sign package be deny without prejudice. Dennis Hettich, Conrad Signs indicated that the sign is a legal conforming use; and by ordinance, message centers are allowed. Hettich asked for approval. Susan Olson, 5611 Finch Court indicated that this residential area will be effected by the proposed sign; indicated her opposition to the sign suggesting the value of the homes will be effected by the sign. She pointed out that they will be subjected to the nuisance of a flashing sign and asked to have the appeal denied. William Kosar, 5633 Finch Court also suggested the value of residential properties will decrease because of the commercial development in this area; suggested the proposed sign will be a nuisance and asked the Council to deny. Elkins offered a clarification explaining that the issue discussed at the Planning Commission was whether or not an illuminated computerized reader board would be allowed. Staff recommended approval of the sign package with some stipulations that eliminated the electronic reader board and required that there be no reflection or lights shining on ajacent property. If this is denied, Elkins indicated that the commercial development would not be allowed any signage and the applicant will be required to start over with the application. Alderman Olson recognized that this is a commercial development and is entitled to have some signage, but the problem is the reader board. Alderman Olson pointed out a reader board in the next block that is considered to be a nuisance by adjacent property owners. Alderman Olson suggested that the electronic reader board interfers with the residential character of the neighborhood. Elkins indicated that if the Council wants to approve, it would be that the sign package shall be revised eliminating the electronic sign, or reader sign. The sign shall be limited to a campus sign with no off-premise advertising allowed. In addition, the sign shall be constructed with similar building materials and color palette as the proposed structure. The wall sign(s) shall conform architecturally to the design plans and color palette submitted as a part of this Planned Commercial Development. The lighting for the sign(s) shall be designed to preclude reflection on the adjacent properties and/or street(s). A sign permit shall also be obtained for each individual sign. Alderman Hadcock reminded the members that the sign is legal under the current ordinance. Hadcock suggested that the lighting can be turned down to reduce the brightness and the flashing can be turned off on an LED sign. Alderman Hadcock indicated she had visited with those making the sign, and they are willing to work with the neighborhood. Substitute motion was made by Hadcock, second by Hurlbut for discussion purposes to allow the sign installation with the reader board with the understanding that they work with residents on the brightness of the sign. Elkins asked that the stipulations, as read, be included in the approval; and commented that the stipulation to require the applicant to work with the adjacent property owners is not enforceable from the City s standpoint. Alderman Olson indicated her objection to allowing the electronic reader board as it does not contributed to the qualifty of life in this neighborhood. 5

6 Second substitute motion was made by Kooiker, second by Hurlbut that the sign package shall be revised eliminating the electronic sign, or reader sign. The sign shall be limited to a campus sign with no off-premise advertising allowed. In addition, the sign shall be constructed with similar building materials and color palette as the proposed structure. The wall sign(s) shall conform architecturally to the design plans and color palette submitted as a part of this Planned Commercial Development. The lighting for the sign(s) shall be designed to preclude reflection on the adjacent properties and/or street(s). A sign permit shall also be obtained for each individual sign. The electronic reader board sign is denied without prejudice. Alderman Chapman asked the members to defeat the motion; follow the recommendations of the Planning Commission; and allow the Sign Task Force to meet in order to give direction to the Commission and Council. Question was called Johnson, second by Chapman. Motion carried. Upon a vote being taken on the second substitute motion, motion carried with Hadcock voting NO. The Mayor presented No. 06PD056, an appeal of the Planning Commission's decision on a request by Boschee Engineering for a Major Amendment to a Planned Residential Development on Lots 1 thru 12, Block 5, Stoney Creek Subdivision Phase I, located in the W1/2 NW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1A and 1B, Block 5, Stoney Creek Subdivision Phase I, located in the W1/2 NW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Catron Boulevard and Sheridan Lake Road. Olson moved, second by Johnson to deny without prejudice. Chad Lewis, Rapid City outlined the history of his submittal; reported a minor amendment was required to change the setback; and when the amendment was approved by the Planning Commission, constructed began on the foundation. Lewis indicated he received four building permits for the four-unit townhomes. Lewis reported that a neighbor discovered that they had not submitted a picture of a second design that corresponded with the additional footprint on the layout plat. Substitute motion was made by Johnson, second by Hurlbut to approve with the following stipulations: 1. A Building Permit shall be obtained prior to any construction and a Certificate of Occupancy shall be obtained prior to occupancy; 2. A minimum 18 foot front yard setback shall be provided in front of each garage and a minimum 15 foot front yard setback shall be provided in front of each residence, including corner lots, on Lots 1 thru 12, Block 5; 3. All provisions of the Medium Density Residential District, including setbacks, shall be met unless otherwise specifically authorized as a stipulation of this Major Amendment to a Planned Residential Development or a subsequent Major Amendment; 4. Split foyer structures shall be allowed on Lots 1 and 12, Block 5 and single-story structures shall be allowed on Lots 2 through 11, Block 5 or a Major Amendment to a Planned Commercial Development shall be obtained; 5. The proposed structures shall conform architecturally to the proposed elevations, design plans and color scheme submitted as part of this Final Planned Residential Development; 6. All International Fire Codes shall be continually met; 7. All signage shall comply with Section of the Rapid City Municipal Code; 8. Prior to Planning Commission approval, the applicant submit a landscape plan including large deciduous and coniferous trees along Winterset Drive and Bendt Drive for Lots 1, 2, 8, 9, and 12, Block 5 for review and approval; and, 9. The Planned Residential Development shall allow for the construction of 38 town homes on the property. However, the Major Amendment to a Planned Residential Development shall expire if the use is not undertaken and completed within two years of the date of approval by the Planning Commission, or if the use as approved has ceased for two years. 6

7 August Bakeberg, 5261 Winterset Drive explained that the contention is that there was no approval to build a second level; and suggested the structure resembles a local motel. He indicated the neighbors do not object to townhomes, but the fact that they were not allowed input. Bakeberg noted the value of the homes located in this neighborhood and expressed concern about who will move into the neighborhood. Jim Mirehouse, 2938 Harvard Avenue believed the project is in violation of the City s procedures. John Huntley, 2921 Princeton Court asked the Council to deny the project. Curt Jensen, attorney for JCP Land Company, Inc. explained that the land was originally zoned commercial and intended for commercial development. He explained that technical issues arose regarding residential covenants on part of the property, and a quiet-title action was brought to clear the residential covenants. An agreed compromise was reached with the objecting landowners and the solution was to construct townhomes. The covenants were change on this particular property to allow the townhomes; and specifically, it spells out that no high-rise townhomes will be constructed and that they will be comparable in height to existing residences in the Stoney Creek Subdivision. All of the proposed development is entirely within the covenants that were agreed to on the property. If there was a problem with the initial application, it has been corrected and the application is now in compliance with the zoning laws, and the private covenants. Jensen asked the Council to approve the amendment. Steven Brenden, Rapid City noted his objection to the amendment and suggested mistakes were made by staff in issuing the building permits. Upon a roll call vote, the following voted AYE: Kroeger, Kooiker, Chapman, Johnson, LaCroix, Hurlbut, and Hadcock; NO: Olson. Motion carried. The Mayor presented No. 06SV032, a request by Robert and Jeanine Nikolas for a Variance to the Subdivision Variance to waive the requirement to install curb, gutter, sidewalk, street light conduit, water sewer and pavement as per Chapter of the Rapid City Municipal Code on Lots 21A, 21B and 21C of Block 2, Moon Meadows Estates, formerly Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, located at 4265 Moon Meadows Drive. Olson moved, second by Chapman and carried to deny without prejudice, at the applicant s request. The Mayor presented No. 06SV035, a request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, additional pavement, additional right-of-way and sewer as per Chapter of the Rapid City Municipal Code on Lots 1, 2 and 3, Seljeskog Subdivision, located in the SE1/4 NE1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land described as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4 NE1/4; NW1/4 NE1/4 NE1/4 SE1/4; NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2151 Skyline Ranch Road. Olson moved, second by Hadcock and carried to continue to the October 2, 2006 Council meeting. The Mayor presented No. 06SV038, a request by Renner & Associates for Andrea K. Sabow for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement, and to reduce pavement width as per Chapter of the Rapid City Municipal Code on Tracts A, B and C, Tower Place, ( description formerly as shown in Book 57 of Deeds, Page 7057, recorded on January 26, 1995), located in the N1/2 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 E1/4 NW1/4 SW/14, Section 14, T1N, R7E, BHM, 7

8 Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4, N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way for Old U.S. Highway 16 shown on the plat filed in Highway Plat Book 2, Page 48, and bounded on the south by Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and bounded on the west by the west boundary line of said NE1/4 SW1/4, located at 1640 Skyline Ranch Road. Olson moved, second by Kroeger and carried to deny without prejudice, at the applicant s request. The Mayor presented No. 06SV047, a request by Sperlich Consulting, Inc. for Schriner Investments, LLC for a Variance to the Subdivision Regulations to allow a lot twice as long as it is wide as per Chapter 16 of the Rapid City Municipal Code on Lots 1 thru 7, Block 1; and Lots 1 thru 7, Block 2, Medicine Ridge Subdivision, formerly an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4; excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4; excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Stumer Road. Olson moved, second by Kroeger and carried to approve the Variance. The Mayor presented No. 06SV048, a request by Centerline for PLM Development, LLC for a Variance to the Subdivision Regulations to waive the requirement to install sewer along Stumer Road as per Chapter of the Rapid City Municipal Code on Lots 1 thru 6, Block 3, formerly the unplatted portion of the N1/2 NW1/4, Less previously platted lots, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 NW1/4, Less previously platted lots, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Minnesota Street and West of Fifth Street. Olson moved, second by Schumacher and carried to approve the Variance. The Mayor presented No. 06VR005, a request by Dream Design International, Inc. for a Vacation of Section Line Highway on a Tract of land located in the NE1/4 NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Beginning at the northeast corner of Section 4; Thence along the north line of Section 4 S89º43 48 W a distance of feet, to a found pin and cap marked LS 6251, the true point of beginning; Thence 33 feet on each side of the north line of Section 4 S89º46 10 W a distance of feet, to a found pin and cap marked LS Said centerline of Section Line may be extended or foreshortened to terminate on Lot Line. Said are of right-of-way to be vacated containing an area of 0.82 acres more or less, located at the northwest corner of the intersection of Elk Vale Road and East Anamosa Street. Olson moved, second by Kroeger and carried to deny without prejudice, at the applicant s request. LEGAL & FINANCE COMMITTEE ITEMS Schumacher moved, second by Johnson for discussion purposes, to deny referring the smoking issue in the Civic Center to the Civic Center Board of Directors. Dr. Allen Nord reminded the members that this is a significant medial problem needing to be addressed. 8

9 Substitute motion was made by Johnson, second by Hurlbut to refer the smoking issue in the Civic Center to the Civic Center Board of Directors. Alderman Johnson indicated that the appropriate place for the discussion is before the Civic Center Board of Directors, as they are charged with the management of the facility. Quite likely out of this discussion, the Civic Center Board of Directors will realize that at some point the Council would like to see the facility more free of smoke. Johnson recommended that the Board take official action and not send it back to the City Council. Alderman Chapman suggested the Council ask the Civic Center Board to deal with the question of what would they do if the City banned smoking in the Civic Center -- how would the Civic Center make up for that revenue loss. Also indicated that he would like the Council to look at it from a larger perspective; what if we ban smoking in all public facilities? Alderman Olson believed that as an elected official, her role was to set policy. Olson indicated she was not interested in micro-managing. Olson asked that the Civic Center Board consider the request and come forward with some alternatives. In response to a question from Alderman Kooiker about a friendly amendment to require the Board to bring forward a recommendation after their Board meeting; Alderman Johnson clarified that the Board is to take action and not bring the issue back before the Council. Because of the ventilation system in the Civic Center, Alderman Kooiker indicated that it is a bad idea to allow smoking in the Civic Center. He suggested the Council set the policy in the absence of the Civic Center Board making the policy. Alderman LaCroix suggested the City consider a five-year plan to phase out smoking events at the Civic Center. Alderman Hurlbut asked that the Civic Center Board do some quantification of what kind of economic impact the City is looking at if the smoking events were not allowed in the Civic Center. Alderman Hadcock pointed out that Council sets policy and administers to all public buildings. She reminded the members of the City s policy that does not allow smoking within thirty feet of a public building, and the City allows smoking inside the Civic Center. Alderman Kroeger reminded the members that the Civic Center Board was not interested in implementing a smoking ban or allowing petitions to be circulated inside the Civic Center. Kroeger suggested that if the Council is going to refer the issue back to the Board, the Council give a strong message that smoking be eliminated from the Civic Center. Alderman Johnson suggested that he would support eliminating all smoking in every public building, state-wide. Question was called by Hurlbut, second by Johnson. Upon a roll call vote, the following voted AYE: LaCroix and Hurlbut; NO: Olson, Kroeger, Kooiker, Chapman, Johnson, Hadcock, and Schumacher. Motion failed. Discussion continued. Mayor Shaw indicated there is a significant amount of revenue to be lost and an adverse impact on the general community. He pointed out that the Civic Center rents out many of the facilities at approximately half price to nonprofit groups; and they are able to do that because of the forprofit events, such as the pool and dart tournaments in effect subsidy those events. Shaw indicated that he has been told that if there is a smoking ban, these events will be held elsewhere in the City. Shaw suggested that the issue at the Civic Center has been dealt with, but the other venue will allow smoking. So the issue of smoking and all the merits and demerits of smoking will not be addressed. In terms of protecting people from second hand smoke, is foolish. Shaw suggested this issue needs to go where it belongs, the State legislature. A smoking ban needs to be enacted State-wide. Mike Wilson, Rapid City asked the Council to set a board policy that indicates that no citizen will be subjected to second hand smoke in a building owned by the City. Lisa Sissenstein, Rapid City reminded the members that they implemented a policy that does not allow smoking outside the entrance to a building with a given footage requirement; and asked the Council to set a policy banning smoking in the Civic Center. Peter 9

10 Sarrano, Rapid City spoke of ill health effects when working in a smoking environment and reported that the hospital campus is a smoke free environment. Jackie Schwartz, Box Elder reiterated her health concerns and asked the Council to stop allowing smoking in the Civic Center. Dr. Kevin Weiland, Rapid City suggested the City needs to address the smoking issue, keeping in mind the Americans with Disabilities Act. Patrick Clinch, Rapid City suggested the City needs to manage the air quality in the Civic Center; and asked that the Council refer the issue to the Civic Center Board with a recommendation to ban smoking in the Civic Center. Lloyd Freidel, Tournament Director for South Dakota Pool & Dart Corp. explained that they are a group of vendors throughout the State that own the pool & dart corporation. He explained that the tournaments are done as a promotion; the events start with the pool & dart leagues in local taverns and bars. Participants play so many weeks in their home venue to qualify to play the state tournaments. Freidel explained that the tournaments are not promoted as a family event. In response to a question from Alderman Kroeger, Civic Center Manager Maliske indicated that the written contract does not speak to allowing smoking. He indicated that when the tournaments were brought to Rapid City a number of years ago, it was with the understanding that the Civic Center would allow smoking. He also explained that the dart tournament is held mid-february and the pool tournament is held the third week of March. Second substitute motion was made by Kroeger, second by Olson that the City develop a policy that there be no smoking in the Civic Center after the next event that takes place for the pool and dart tournaments and stock show; phasing out smoking events April 1, Discussion continued relative to allowing the Civic Center Board to manage the facility and develop a policy to ban smoking in the Civic Center. Alderman Kroeger pointed out that the Council is not giving any direction to the Civic Center on this issue. He suggested the Council needs to make a decision; and believed his substitute motion was fair. Alderman Chapman believed the City should have smoke-free facilities; suggested the Council not set a policy at this time, because the City needs to deal with the entire issue in all City facilities. At this time, with the consent of the Council, Alderman Kroeger withdrew his second substitute motion. Second substitute motion was made by Kroeger that the Council direct the Civic Center Board to move towards a non-smoking facility, and request that within thirty days the Civic Center Board come before the Council and tell how they are going to do that. Second to the motion was offered by Olson. Question was called by Alderman Olson, second by Schumacher. Motion carried with Johnson voting NO. Upon a vote being taken on the second substitute motion, motion carried with Johnson voting NO. PUBLIC WORKS COMMITTEE ITEMS Public Works Director Jablonski reported that the South Dakota Department of Environment and Natural Resources required an asbestos report that has since been completed and a demolition permit issued. The adjoining property owner intends to demolish the structure on Wednesday afternoon, making provisions for the Preservation Committee to salvage the brick. Any remaining debris is expected to be deposited at the City s landfill or at the Hills Materials site. 10

11 Olson moved, second by Schumacher to acknowledge the report on the asbestos abatement for Big Bend Power Plant. Alderman Kooiker indicated his disappointment that efforts were not made to preserve the structure. Upon a roll call vote on the motion, the following voted AYE: Kroeger, Chapman, Johnson, LaCroix, Hurlbut, Hadcock, and Olson; NO: Kooiker and Schumacher. Motion carried. Olson moved, second by Chapman (No. PW ) to approve the exception to allow more than 40 dwelling units on a temporary basis, with one access point with the extension of the road to the western boundary for Lots 10 & 11, Madison Subdivision also known as Turkey Foot Subdivision. Responding to questions from Alderman Johnson, Growth Management Director Elkins indicated that the development plan and the exception is specific to the development of Lots 10 & 11. The purpose of the motion is to clarify that access has to be extended to the western boundary so that as development occurs to the west, this would tie into the development. Elkins distributed a map showing the composite of the developments that are occurring in the area. Elkins indicated that the property directly to the west of this site has not been platted through the layout plat process, but that the properties to the north and south have been platted. Elkins also indicated that there are 92 or 96 dwelling units; and to date none of the development has been built. She indicated that under the proposal there are two ways in and out of the project -- east off Haines Avenue, and to the south. She explained that in the future the road will connect further to the west with the adjacent development and then tie back into the development. Marshall Goodman, Echo DMG LLC indicated that they are looking to connect to Chalkstone to the northwest; and when completely developed, this will be the second means of access. Goodman indicated that the intent is to dedicate land with an easement so that it comes off the traffic controlling circle. Steven Brenden, Rapid City indicated his objection to the project and asked the Council to deny the request. Responding to a question from Alderman Hadcock, Fire Chief Shepherd indicated that his department reviewed the layout and identified a number of significant safety features; such as fire sprinklers; compartmentalized construction, which lowers the risk of structure fire; and roadway features which will allow some traffic to be rerouted through the marginal secondary access. Shepherd noted that there is some risk of wild land fire encroaching on the north end of the development and suggested it would be nice to know that the secondary access at the west end had a timeline. Responding to a question from Alder Olson, Goodman indicated their revisions include 172 units, which accommodates the parking requirements. Alderman Kooiker indicated his desire to have a guarantee timeline when the second access would be constructed, noting the number of other developments throughout the City that have issues with acquiring a secondary access. At 11:13 P.M. Alderman Okrepkie entered the meeting. Upon a roll call vote on the motion, the following voted AYE: Chapman, Hurlbut, Hadcock, Olson, and Kroeger; NO: Kooiker, Johnson, Okrepkie, and Schumacher. Motion carried. Olson moved, second by Okrepkie (No. PW ) to approve the request to eliminate manholes at the ends of the sewer lines for Lots 10 & 11, Madison Subdivision, also known as Turkey Foot Subdivision with the following stipulation: 1. The north-south sewer lines will be private lines with manholes at the connection to the public sewer line (along Pearl Street); 2. The homeowners association documents will be submitted prior to final plat approval to provide maintenance for the private sewer lines; 3. Private lines will be a minimum of eight inches in diameter; and 4. The cleanouts will be provided at the end of the private lines. Elkins indicated that staff was comfortable in approving this request because they will be required to have a 11

12 homeowners association to deal with the private streets. Elkins explained that the north-south roads are private easements for public access. Upon a vote being taken on the motion to approve, motion carried. ORDINANCES & RESOLUTIONS Ordinance No (No. LF ), regarding FY2007 Appropriation Ordinance was introduced. Upon a motion made by Okrepkie, second by Hadcock Ordinance No was placed upon its first reading, the title was fully and distinctly read and second reading set for Monday, September 18, 2006 at 7:00 P.M. Alderman Kooiker indicated concern and disappointment with the budget, explaining that the budget includes a large structural deficit and uses funds from the reserve; which is not actual but a projection based on 2007 sales tax revenue. Kooiker believe the 140 percent supplemental for Council travel in 2006 and the similar increase for 2007 is hard to sustain. Kooiker pointed out the many years of good sales tax revenues and the City s use of the revenue; rather than using the excellent sales tax years as an opportunity to cut down on property taxes and relieve the burden of property taxpayers. Kooiker indicated he needed to have an explanation of what the City s contingency plan is going to be to keep the City from spending into the reserves. Kooiker believed that the budget that is before the Council, currently, is unreasonable. Mayor Shaw reported asking the department heads to consider cutting their budgets by one percent for 2007; and the response was that this would be a very difficult exercise and they preferred to wait. Finance Officer Preston indicated that the budgets were tight and there was little room to find additional items. Mayor Shaw asked that the Council offer suggestions on how to cut the budget. He also indicated that the deficit for this next year is expected to be zero; and the only way to eliminate or cut down on the amount of reserve that is used in the budget, is to cut services to the community. Alderman Schumacher indicated his concern about the numbers being down; suggested it should not be difficult to look at what can be trimmed from the budget; and explained that it is important to send the request to the department heads as they know what can be changed. Schumacher indicated that he would come forward with some recommendations to change the budget. Upon a roll call on first reading of the ordinance, the following voted AYE: Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, Hadcock, Olson, and Kroeger; NO: Schumacher and Kooiker. Motion carried. Kooiker moved, second by Schumacher to ask the department heads of each of the City s departments to bring forward, a list of items that they would cut, in order to trim one percent off their respective budgets. Upon a roll call vote, the following voted AYE: Schumacher and Kooiker; NO: Johnson, LaCroix, Okrepkie, Hurlbut, Hadcock, Olson, Kroeger, and Chapman. Motion failed. Ordinance No (No. CC ), regarding Supplemental Appropriation No. 5 for FY2006 was introduced. Upon a motion made by Okrepkie, second by Chapman and carried, Ordinance No was placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, September 18, 2006 at 7:00 P.M. Ordinance No (No. LF ), Establishing Budgetary Controls by Amending Chapter 2.04 of the Rapid City Municipal Code was introduced. Upon a motion made by Okrepkie, second by Hurlbut and carried, Ordinance No was placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, September 18, 2006 at 7:00 P.M. 12

13 Ordinance No (No. 06RZ028), a request by CETEC Engineering for Franklin O. Simpson for a Rezoning from General Agriculture District to Medium Density Residential District on a parcel of land beginning at the southwest corner of the NW1/4 SW1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence N89º55 39 E feet to a point; Thence N29º57 38 W feet to a point; Thence N05º57 38 W feet to a point on the Right-of-Way of Harmony Heights Lane; Thence S72º10 55 W feet along said Right-of-Way to a point; Thence along a curve to the right having a radius of feet, a distance of 3.70 feet to a point on said Right-of-Way; Thence S00º02 56 E feet to a point on the South line of the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence along said South line N89º41 23 E feet to the point of beginning, located southwest of the intersection of Harmony Heights Lane and Sunny Springs Drive was introduced. Upon a motion made by Okrepkie, second by Hurlbut and carried, Ordinance No. 581 was placed upon its first reading and the title was fully and distinctly read, and second reading set for Monday, September 18, 2006 at 7:00 P.M. The Mayor announced the meeting was open for hearing on No. 06RZ027, second reading of Ordinance No. 5178, a request by Centerline, Inc. for Rapid City Area School District No. 51 for a Rezoning from Public District to Low Density Residential District on a parcel of land located in the NW1/4 NW1/4 NE1/4, Less right-of-way, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Enchanted Pines Drive and Fifth Street. Notice of hearing was published in the Rapid City Journal on August 26, 2006 and September 2, Ordinance No have had the first reading on August 21, 2006; it was moved by Okrepkie, second by Hurlbut that the title be read the second time. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No the second time. The Mayor announced the meeting was open for hearing on No. LF , second reading of Ordinance No Amending the Regulation of On-Site Wastewater Disposal and Treatment by Amending Section of the Rapid City Municipal Code. Notice of hearing was published in the Rapid City Journal on August 26, 2006 and September 2, Ordinance No have had the first reading on August 21, 2006; it was moved by Okrepkie, second by Hurlbut that the title be read the second time. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No the second time. The Mayor presented No. LF ; whereupon the following Resolution authorizing Vino 100/Tinderbox to place tables and chairs in right of way was introduce, read and Okrepkie moved its adoption: RESOLUTION AUTHORIZING PLACEMENT OF TABLES AND CHAIRS ON PUBLIC SIDEWALKS IN THE DOWNTOWN AREA IN ACCORDANCE WITH ORDINANCE WHEREAS, the City of Rapid City has previously enacted Ordinance 3471 regulating the use of public sidewalks in the downtown area; and 13

14 WHEREAS, Ordinance 3471 requires that the Rapid City Common Council approve the placement of tables and chairs on sidewalks in the downtown area; and WHEREAS, Vino 100/Tinderbox has requested the approval of the Rapid City Common Council to place tables and chairs on the public sidewalk in front of Vino 100/Tinderbox located at 520 7th Street for the purpose of serving food and beverages outside for public convenience; and WHEREAS, the Rapid City Common Council has considered the request and finds that the public health, safety, and welfare can be protected by allowing limited out door seating at Vino 100/Tinderbox subject to certain restriction; NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the placement of tables and chairs on the public sidewalk in front of Vino 100/Tinderbox located at 520 7th Street is hereby authorized subject to the following conditions: 1) Vino 100/Tinderbox shall at all times comply with the requirements of Ordinance 3471 and all other local, state and federal laws; and 2) Vino 100/Tinderbox shall never place tables or chairs in any location that in any way impedes any exit from any building, or access to any fire hydrant of other fire suppression apparatus; and 3) This authorization granted by this resolution is revocable at any time without prior notice to Vino 100/Tinderbox as fully set out in Ordinance Dated this 5 th day of September, ATTEST: s/ James F. Preston Finance Officer CITY OF RAPID CITY s/ Jim Shaw, Mayor (SEAL) The motion for the adoption of the foregoing resolution was second by Hurlbut. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: None; whereupon said resolution was declared duly passed and adopted. City Attorney Green presented the Resolution adopting proposed City Council agenda. Okrepkie moved, second by Hurlbut to approve. Substitute motion was made by Hurlbut, second by Hadcock to change wording under General Public Comment by eliminating the wording limited to items. Second substitute motion was made by Chapman, second by Johnson to change wording under General Public Comment by eliminating the wording limited to items ; and moving the Executive Session to the beginning of the meeting. Upon a vote being taken on the second substitute, motion carried whereupon said resolution was declared duly passed and adopted. 14

15 RESOLUTION WHEREAS, the City of Rapid City Common Council has previously adopted Rules of Procedure; and WHEREAS, Section 2.9 of the adopted Rules of Procedure contains the order of business for each regular Council meeting; and WHEREAS, the Rapid City Common Council has determined that the order of the agenda should be amended. NOW, THEREFORE, BE IT RESOLVED by the Rapid City Common Council that Section 2.9 of the Council s Policies and Procedures is hereby amended to read as follows: 2.9 Order of Business. Items shall be placed on the agenda according to the order of business. The order of business for each regular meeting shall normally be as follows: Roll Call and Determination of Quorum Executive session Invocation Pledge of Allegiance Adoption of Agenda Approve Minutes Awards and Recognitions General Public Comment A time for the members of the public to discuss or express concerns to the council on any issue not on the agenda. Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the council members present. Non-public Hearing Items Public Comment open Public Comment closed Bids Staff Items Consent Items Non-Consent Items Ordinances L&F Items Public Works Committee Items Mayor s Items Council Items & Liaison Reports Reconsideration Notices Motion for Delivery of Items from Committee Appeals DARB 15