PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota. September 7, 2010

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1 PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota September 7, 2010 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Rapid City was held at the City/School Administration Center in Rapid City, South Dakota on Tuesday, September 7, 2010 at 7:00 P.M. The following members were present: Mayor Alan Hanks and the following Alderpersons: Bonny Petersen, Ron Weifenbach, Dave Davis, Deb Hadcock, Ron Kroeger, Aaron Costello, Sam Kooiker, Bill Waugh, Gary Brown and Jordan Mason; and the following Alderpersons arrived during the course of the meeting: None; and the following were absent: None. Staff members present included Finance Officer Pauline Sumption, City Attorney Jason Green, Public Works Director Robert Ellis, Growth Management Director Marcia Elkins, Assistant Growth Management Director Bob Dominicak, Police Department Captain Deb Cady, Fire Chief Mike Maltaverne, and Administrative Coordinator Amber Sitts. ADOPTION OF AGENDA The following item was corrected on the agenda: Item 105 (No. LF ) should read TID 54, not TID 34 Motion was made by Brown, second by Waugh and carried to adopt the agenda as amended. APPROVE MINUTES Motion was made by Hadcock, second by Waugh and carried to approve the minutes for July 14, 2010 and August 3, 4, 11, 12 and 16, 2010 Special City Council meetings and August 16, 2010 Regular City Council meeting. GENERAL PUBLIC COMMENT Jim Mirehouse gave an update on the Black Hills Business Development Center. Bill Fretag said he would like to present information at the next Public Works meeting regarding the involvement of the Risk Manager regarding the return of funds to McCarthy Properties, and he would like to address questions to him at the meeting. NON-PUBLIC HEARING ITEMS -- Items Motion was made by Brown, second by Costello and carried to open the public comment for Items Bill Fretag encouraged Council to create an ordinance for refunds in Growth Management, and he suggested that it be similar to Section Motion was made by Costello, second by Brown and carried to close the public comment for Items CONSENT ITEMS Items 1 76 The following items were removed from the Consent Items: 8. No. PW Acknowledge the report on the Audit Plan.

2 9. No. PW Acknowledge the Status of Growth Management Report. 26. No. PW Approve Omaha Pedestrian Crossing Relocation, Project No. ST / CIP No Estimated cost: $185, No. PW Approve Construction Fee Resolution # for Eglin Street Realignment Sewer Main Reconstruction. 34. No. PW Approve Construction Fee Resolution # for Copperfield Vistas Subdivision Sanitary Sewer. 35. No. PW Approve Construction Fee Resolution # for Dakota Craft Water Main Extension. 36. No. PW Approve Construction Fee Resolution # for Sixth Street Water Main. 37. No. PW Approve Construction Fee Resolution # for Mall Drive Water Transmission Main Oversize. 38. No. PW Approve Construction Fee Resolution # for Mall Drive Water Transmission Main Frontage. 41. No. PW Approve the Determination of 813 parking spaces for Central High School. 50. Acknowledge the update regarding status of application fee refund to Melody Acres residents. 51. No. CC Approve recommendation for a 311 service with the funding coming from Council Contingency. 53. No. LF Acknowledge report on City cell phones. 62. No. LF Authorize Mayor and Finance Officer to sign loan documents with Pioneer Bank & Trust to refinance the Meadowbrook cart barn loan currently held with PAJO Properties, LLC in the approximate amount of $119, No. LF Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2010 Community Development Block Grant Sub-Recipients Rapid City First United Methodist Church as Well as the Indenture of Restrictive Covenants. Motion was made by Davis, second by Kroeger and carried to approve the following items as they appear on the Consent Items. Vacations of Right-Of-Way Set for Hearing (October 4, 2010) 1. No. 10VR005 - A request by City of Rapid City for a Vacation of Right-of-way of 12 foot wide private lane to be vacated from the northeast corner of Lot B of Lot 4 of Block 2 of Cleghorn Canyon No. 2, N88º20 25 W a distance of feet, thence N01º48 54 E a distance of feet, thence S88º11 06 E a distance of feet, thence S02º20 56 W a distance of feet to a point of closing and the private lane to be vacated is adjacent to the north 202 feet of Lot 4 and the vacated street lying east and adjacent to said Lot in Block 2 and Lot B of Lot 4 of Block 2 of Cleghorn Canyon No. 2, located in the SW1/4, Section 8, T1N, R7E, BHM, Rapid City, 2

3 Pennington County, South Dakota, located northwest of Cleghorn Canyon Road and Cleghorn Canyon Lane. 2. No. 10VR006 - A request by Sperlich Consulting, Inc. for Century Resources, Inc. for a Vacation of Right-of-Way of the 16 foot wide alley adjacent to a portion of Lot 3 less Lot H-1 and a portion of the NW1/4 SW1/4, and adjacent to Lot 2 of Block 2 of Menard Subdivision, located in the NW1/4 SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located 1/2 mile west of the Menards on East North Street. Alcoholic Beverage License Applications Set for Hearing (September 20, 2010) 3. Downtown Rapid City Economic Development Corp. DBA Destination Rapid City for a Special Event Beer License for an event scheduled October 2, 2010 at the intersection of 7th Street and St. Joseph Street. 4. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled October 21, 2010 at Black Hills Surgical Hospital, 216 Anamaria Drive. 5. Friends of the Rapid City Library for a Special Event Wine License for an event scheduled for October 21, 2010 at the Rapid City Public Library, 610 Quincy Street. 6. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled November 9, 2010 at SDSM&T Paleo Building, 501 E. St. Joseph Street. Public Works Committee Consent Items 7. No. PW Approve the Request for Wood Chips for Story Book Island Fundraising Event Once Upon a Festival. 10. No. PW Authorize staff to Solicit Proposals for Brokerage Services of Recyclable Materials Recycling/Solid Waste Committee. 11. Acknowledge the Opportunity Capture Fund Report 12. No. PW Authorize Mayor and Finance Officer to Sign a Drainage and Access Easement Agreement between the City of Rapid City and the Evangelical Lutheran Good Samaritan Society for the property generally located east of City Springs Road to the west of Sturgis Road and to the south of St. Martins Drive, located in the SE1/4, NE1/4 and in the NW1/4, SE1/4, and the SW1/4, SE1/4 all of Section 29, T2N, R7E, BHM, Pennington County, South Dakota. 13. No. PW Authorize Mayor and Finance Officer to Sign a Reservoir Access and Utility Easement Agreement between the City of Rapid City and the Benedictine Convent of Saint Martins for the property generally located south and west of City Springs Road, located in the S1/2 of Section 29, T2N, R7E, BHM, Pennington County, South Dakota. 14. No. PW Authorize Mayor and Finance Officer to Sign a Reservoir Access and Utility Easement Agreement between the City of Rapid City and the Evangelical Lutheran Good Samaritan Society for the property generally located north of the terminus of City Springs Road to the west of Sturgis Road and to the south and east of St. Martins Drive, located in the SW1/4 of Section 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota. 3

4 15. No. PW Authorize Mayor and Finance Officer to Sign a Drainage and Access Easement Agreement between the City of Rapid City and SM Properties LLC for the property generally located north of Saint Martins Drive, located in the NW1/4 of NE1/4 of Section 29, T2N, R7E, BHM, Pennington County, South Dakota. 16. No. PW Approve Change Order No. 2F to J&J Asphalt Company for Street Rehabilitation Arrow Street, Farlow Street & Culvert Street, Project No. ST / CIP No , for an increase of $1, No. PW Approve Change Order No. 4F to Rangel Construction Company LLC for Fire Station #7, Project No. FD , for an increase of $4, No. PW Approve Change Order No. 1F to Stanley J Johnsen Concrete Contractor Inc. for Jackson Boulevard Joint Sealing and Panel Repair, Project No. ST / CIP No , for a decrease of $11, No. PW Approve Change Order No. 1 to Simon Contractors of SD, Inc. for West Chicago Area Water Main Reconstruction, Project No. W / CIP No , for an increase of $5, No. PW Approve Change Order No. 1F to Highmark, Inc. for 9 th Street Watermain, Project No. W / CIP No , for an increase of $ No. PW Authorize Staff to Advertise for Bids for Fire Hydrant Installation 2010 Annual Project, Project No. W / CIP No Estimated cost: $25, No. PW Authorize Staff to Advertise for Bids for Saint Patrick Street Siphon Odor Control Facility, Project No. SS / CIP No Estimated cost: $375, No. PW Authorize Staff to Advertise for Bids for 2010 Out of the Dust Project, Project No. ST / CIP No Estimated cost: $40, No. PW Authorize Staff to Advertise for Bids for Catron Boulevard Reconstruction Utility Relocation and Modification, Project No. SS / CIP No Estimated cost: $1,550, No. PW Authorize Staff to Advertise for Bids for Main Street Square Site Development, Project No. PR / CIP No No. PW Authorize Mayor and Finance Officer to Sign Amendment No. 2 to Agreement Number Financial and Road Transfer Agreement Between State of South Dakota and City of Rapid City, for the purpose of funding transportation improvements and transferring segments of roads between the State of South Dakota and the City of Rapid City. 28. No. PW Approve Covenant Agreement Between City of Rapid City and Cortez, LLC to allow the continued use of a sub-grade encroachment into the adjacent public right of way. Downtown Improvement Project 6 th Street from Kansas City Street to Omaha Street, Project No. ST / CIP No No. PW Approve Covenant Agreement Between City of Rapid City and Braun s Apparel, Inc. to allow the continued use of a sub-grade encroachment into the adjacent public right of way. Downtown Improvement Project 6 th Street from Kansas City Street to Omaha Street, Project No. ST / CIP No

5 30. No. PW Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Stanley Consultants, Inc. for the Water Reservoirs Maintenance Project; Project No. W /CIP No for the amount of $81, No. PW Authorize Mayor and Finance Officer to Sign a Professional Services Agreement with Baffuto Architecturra for the Meadowbrook Golf Course Maintenance Building, Project No. PR / CIP No , in the amount of $69, No. PW Authorize Mayor and Finance Officer to Sign a Right-Of-Way Permit/Easement Agreement Between the City of Rapid City and Black Hills Power, Inc. for Lot 6-6A, Lots 7A and 8A of Lots 7 and 8, and Lot 5 of the Revised Plat of Camp Dakota, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. 39. No. PW Approve Resolution # Establishing Time and Place for Hearing on Final Assessment Roll for the E. St. Patrick Street Sidewalk Project, Project No. MIP RESOLUTION # RESOLUTION FIXING TIME AND PLACE FOR HEARING ON ASSESSMENT ROLL FOR EAST ST. PATRICK SIDEWALK PROJECT PROJECT NO. MIP BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The Assessment Roll for East St. Patrick Sidewalk Project Project No. MIP was filed in the Finance Office on the 7th day of September The City Council shall meet at the City / School Administration Center in Rapid City, South Dakota, on 4th day of October 2010 at 7:00 P.M., this said date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon. 2. The Finance Officer is authorized and directed to prepare a Notice stating the date of filing the assessment roll, the time, and place of hearing thereon; that the assessment roll will be open for public inspection at the Office of the Finance Officer, and referring to the assessment roll for further particulars. 3. The Finance Officer is further authorized and directed to publish notice in the official newspaper one week prior to the date set for hearing and to mail copy thereof, by first class mail, addressed to the owner or owners of any property to be assessed at his, her, or their last mailing address as shown by the records of the Director of Equalization, at least one week prior to the date set for hearing. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) 40. No. PW Approve a Request by THF Realty to Install and Maintain Decorative Street Lighting on Stumer Road from 5 th Street to Black Hills Boulevard. 5

6 42. No. 10TP023 Approve the Rapid City Area Transportation Improvement Program Final Report. 43. No. PW Refer Paving of Alley in the 200 Block of East Saint Francis Street to the September 17, 2010, CIP Committee. Legal & Finance Committee Consent Items 44. Approve Teton Coalition s request to use Memorial Park after hours on October 1, Approve request from Don Anderson of the Dakota Territory Wild Bunch to hold a western reenactment performance at Midland Mall as a fundraiser for the Children s Miracle Network on September 10, No. LF Confirm appointment of Scott Landguth and Clint Allen to the Air Quality Board for three year terms to expire August 31, No.LF Confirm the reappointment of Deb Hadcock, Ron Kroeger, Bill Waugh, Gary Brown, and Bonny Petersen for terms to expire July 1, 2011, the appointment of John Brewer (Planning Commission representative) for a term to expire July 1, 2011, and the reappointment of Dwight Peterson (Rapid Valley Sanitation District Representative) for a term to expire July 1, 2011, to the Annexation Committee. 48. No. LF Acknowledge interim Historic Study Commission report from Patrick Goetzinger. 49. No. LF Acknowledge update from Human Relations Commission. 52. Acknowledge discussion on changing references of 2012 Fund to Vision Fund. 54. No. LF Acknowledge Capital Improvements Program Committee monthly update for August No. LF Approve the Capital Plan for Streets, Drainage and MIP Projects for August No. LF Approve Resolution Adopting the Five Year Plan for the Rapid City Civic Improvement and Economic Development Fund. A RESOLUTION ADOPTING A FIVE YEAR PLAN FOR THE RAPID CITY ECONOMIC DEVELOPMENT AND CIVIC IMPROVEMENTS FUND WHEREAS, the City of Rapid is required to adopt a five year plan before expending funds from the Rapid City Economic Development and Civic Improvements Fund; and WHEREAS, the City of Rapid City has been presented with recommendations from three citizens committees on the expenditure of funds from the Economic Development and Civic Improvement Fund; and WHEREAS, the City of Rapid City Common Council has considered the recommendations of the three citizen committees; and 6

7 WHEREAS, the Rapid City Common Council has held public hearings on the proposed plan; and WHEREAS, the Rapid City Common Council deems it in the best interest of the City of Rapid City to adopt a five year plan. NOW, THEREFORE, BE IT RESOLVED by the Rapid City Common Council that the five year plan for expenditure funds from the Rapid City Economic Development and Civic Improvement Fund as attached hereto and incorporated herein is hereby adopted. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) 57. No. LF Approve Resolution of Intent to Enter Into Lease with Downtown Business Improvement District Board. A RESOLUTION OF INTENT TO ENTER INTO LEASE OF LAND WITH THE DOWNTOWN BUSINESS IMPROVEMENT DISTRICT BOARD PURSUANT TO SDCL WHEREAS, the City has created the Downtown Business Improvement District for the purposes of funding a portion or all of the future proposed public activities, facilities and improvements along with the costs of acquisition, construction, maintenance, operation and repair of such improvements, facilities or activities; and WHEREAS, the City Council has included funding for construction of the Main Street Square in the next five (5) year plan for the 2012 Program; and WHEREAS, the lease is necessary to establish the authority of the Downtown Business Improvement District Board to operate the Main Street Square. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the City of Rapid City intends to enter into a lease of real property with the Downtown Business Improvement District Board which property is described as follows: Lots 17 through 23, Block 75, Original Town of Rapid City, Pennington County, South Dakota BE IT FURTHER RESOLVED that a copy of this resolution of intent be published once at least ten (10) days prior to the hearing to be held at City Hall, 300 Sixth Street, Rapid City, South Dakota, at 7:00 o clock, p.m., on the 20th day of September, 2010, or as soon thereafter as the item may come on for hearing at said meeting; and BE IT FURTHER RESOLVED that following the hearing the City Council may adopt a resolution authorizing a lease upon the terms and conditions as it shall determine in said resolution. Dated this 7th day of September

8 ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) 58. No. LF Acknowledge Opportunity Capture Fund Report. 59. No. 10TP022 Authorize Mayor and Finance Officer to sign the 2010 Unified Planning Work Program Amendment No. LF Authorize Mayor and Finance Officer to sign State of South Dakota Agreement/Letter of Agreement with the South Dakota Department of Environment and Natural Resources. 61. Acknowledge the following volunteers for workmen s compensation purposes: Doug Andrews, John Williams. 63. No. LF Approve Resolution No Declaring Property Surplus. Resolution # RESOLUTION DECLARING PROPERTY SURPLUS WHEREAS the below-described property is no longer necessary, useful or suitable for municipal purposes NOW, THEREFORE, BE IT RESOLVED that the following property be declared surplus and disposed of according to state statutes, including disposal, sale or trade-in on new equipment: Information Technology ULX Microphone bases - 20 ULX Flex Mount bases 12 ULX Shure flex microphones 22 ULX Shure lapel mics - 10 Shure Surface-mount mics 14 ULX mic cords 13 Mic repair kit 1 Shure wireless mic mounts 3 Projector ceiling mounts 2 Crestron 2 button keypad 1 Sony lens 1 Box of Crestron manuals Eiki overhead projectors 2 Panasonic corded mic set and case 1 Shure black softcases with mic parts 5 Panasonic CCTV camera 1 Microphone stand 6 1 Various BNC cables Various Crestron switch plates Cassette recorder 1 Extron Sync Processor SC210 4 Crestron Hub Repeater = 1 8

9 Shure P4800 system processor 1 Crestron Mouse and Keyboard controller 2 Various camera mounts Various brackets and rack mounts Information Technology Minicomputer HP 979KS100 S/N: 4103A11781 HP Laserjet 5Si Printer; S/N: USDK BE IT FURTHER RESOLVED that the Mayor and Finance Officer may do all acts necessary to dispose of this property according to state law. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) 64. No. LF Approve Resolution ( ) Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property. RESOLUTION # RESOLUTION FIXING TIME AND PLACE FOR HEARING ON ASSESSMENT ROLL FOR CLEANUP OF MISCELLANEOUS PROPERTY BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The Assessment Roll for Cleanup of Miscellaneous Property was filed in the Finance Office on the 7th day of September The City Council shall meet at the City / School Administration Center in Rapid City, South Dakota, on 4th day of October 2010 at 7:00 P.M., this said date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon. 2. The Finance Officer is authorized and directed to prepare a Notice stating the date of filing the assessment roll, the time, and place of hearing thereon; that the assessment roll will be open for public inspection at the Office of the Finance Officer, and referring to the assessment roll for further particulars. 3. The Finance Officer is further authorized and directed to publish notice in the official newspaper one week prior to the date set for hearing and to mail copy thereof, by first class mail, addressed to the owner or owners of any property to be assessed at his, her, or their last mailing address as shown by the records of the Director of Equalization, at least one week prior to the date set for hearing. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer 9 CITY OF RAPID CITY s/ Alan Hanks, Mayor

10 (SEAL) 66. No. LF Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2010 Community Development Block Grant Sub-Recipients Western South Dakota Community Action as well as the Indenture of Restrictive Covenants. 67. No. LF Authorize acceptance of a Recreational Trails Program Grant from the South Dakota Game, Fish & Parks Office in the amount of $200,000 to be used for the Rapid City Deadwood Drainage Trail Development Project. 68. No. LF Authorize Mayor and Finance Officer to sign Healthways Provider Agreement with American Healthways Services, Inc. 69. No. LF Approve Airport Road H Lot. 70. No. LF A Authorize Mayor and Finance Officer to sign Agreement with THF Realty to remove a portion of the proposed Wal-Mart property from the Agreement Waiving the Right to Protest. 71. No. LF Approve request from Ken Gray, d/b/a Goofy Moose for 2010 ice cream vending license. 72. No. LF Acknowledge raffle request from Zonta Club of the Black Hills. 73. No. LF Acknowledge raffle request from Festival of Trees. 74. No. LF Acknowledge raffle request from Sons of Norway. Growth Management Department Consent Items 75. No. 10RD001 Approve a request by City of Rapid City for a Resolution for Road Name Change renaming a portion of Eglin Street to North Creek Drive on that portion of Eglin Street lying adjacent to Lot A, B and C in Menard Subdivision, the Balance of Tract B in the NW1/4, NE1/4, Less Lot H2, Section 32, T2N, R8E, Platted, the Railroad Right-of-Way, Lot 3 in Carefree Subdivision, Lot 1 and 2, Less Lot H1 in Carefree Subdivision all in the N1/2, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Century Road and the Interstate 90 Interchange, west of Dyess Avenue and north of East Anamosa Street. RESOLUTION # RESOLUTION RENAMING ELGIN STREET TO NORTH CREEK DRIVE BE IT RESOLVED, by the City of Rapid City, that the portion of Eglin Street lying adjacent to Lot A, B and C in Menard Subdivision, the Balance of Tract B in the NW1/4 of the NE1/4, Less Lot H2, Section 32, T2N, R8E, Platted, the Railroad Right-of-Way, Lot 3 in Carefree Subdivision, Lot 1 and 2, Less Lot H1 in Carefree Subdivision all in the N1/2, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota be, and is hereby, renamed to North Creek Drive. Dated this 7th day of September ATTEST: s/ Pauline Sumption 10 CITY OF RAPID CITY s/ Alan Hanks, Mayor

11 Finance Officer (SEAL) 76. No. 10RD002 Approve a request by City of Rapid City for a Resolution for Road Name Change naming the unnamed right-of-way to Eglin Street the previously unnamed portion of Lot PE1 of Lot X in the SE ¼, Section 29, T2N, R8E, and the right-of-way Lot H1 lying adjacent to Lots 1 and 2, in Carefree Subdivision, in the NE¼ of Section 32, T2N, R8E, and the Vacated Section Line Highway Adjacent to Lot X, and Lots 1 and 2, Carefree Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of East North Street and Interstate 90 Interchange. RESOLUTION # RESOLUTION RENAMING UNNAMED RIGHT-OF-WAY TO ELGIN STREET BE IT RESOLVED, by the City of Rapid City, that the the previously unnamed portion of Lot PE1 of Lot X in the SE ¼, Section 29, T2N, R8E, and the right-of-way Lot H1 lying adjacent to Lots 1 and 2, in Carefree Subdivision, in the NE¼ of Section 32, T2N, R8E, and the Vacated Section Line Highway Adjacent to Lot X, and Lots 1 and 2, Carefree Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota be, and is hereby, renamed to Elgin Street. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) END OF CONSENT CALENDAR Motion was made by Kooiker, second by Waugh, to (No. PW ) acknowledge the report on the Audit Plan. Responding to Hadcock, Mayor Hanks said his preference is to wait until after budget and possibly choose one or two departments to do an audit on an annual basis. Mason added that the only way to save is to have the data and information collected over a period of time. His goal is to find new ways of saving money and look at operations as a whole. Motion carried. Motion was made by Kooiker, second by Costello, to (No. PW ) acknowledge the Status of Growth Management Report. Hadcock said the report sets forth some spending cuts the Council could make and pointed out the Council is currently working on the budget. Kooiker said one of the ways to find cost savings is to increase efficiencies within the existing operations, and he would like to proceed with implementing as many recommendations from the Lehe Report as possible now. Responding to Kooiker, Mayor Hanks explained that he will implement changes by the first of the year and some recommendations will come in the next 30 days. He also said he committed to forming a working committee to take a look at things structurally on how to make some of these changes. Kooiker pointed out that the report is focused mainly on Growth Management as it relates to the development process, but there are other areas on second floor including the Attorney s Office and Public Works that may have been addressed somewhat peripherally in this report. This is a review of Growth Management and Kooiker hopes some similar reviews will be done for other departments in the future. Weifenbach referenced recommendations to consolidate and how it would have a direct impact on the budget. He hopes to instill those prior to the budget. Petersen expressed concern with making a lot of big changes 11

12 and said rushing ahead can sometimes waste money if you haven t thought things out completely. Motion carried. Motion was made by Kroeger, second by Waugh, to (No. PW ) approve Omaha Pedestrian Crossing Relocation, Project No. ST / CIP No Kooiker said he is in favor of moving the crossing back but asked if they could wait until next year. Hadcock agreed that the cost is high and will vote no. Responding to Weifenbach, Ellis explained the project and suggested the bid prices could come in below the advertising authority. If the cost is too high, the Council could reject all bids. There will be no lights added, just moving the existing light. Responding to Davis question about safety, Ellis confirmed some pedestrians continued to cross at 6th Street instead of using the light and he felt more people would utilize the light at 6th Street as it is the most convenient location. Responding to Hadcock, Elkins indicated the DOT made the determination of the location of the crosswalk and staff voiced opposition. The DOT made the determination based on getting more vehicles through the intersection at 5th Street. Waugh supported seeing how the bids come back and possibly have a traffic engineer study the crosswalk so we have some more data when we come to the bid. Mason agreed the cost is high and said it would not hurt to start with a lower number on the advertising authority. Weifenbach said he is not sure city staff has the expertise to do a traffic study. When asked, Ellis said if the goal is to enhance pedestrian safety the light should be moved, but if the goal is to move vehicles, then it should stay. Responding to Costello, Elkins said there has been extensive discussion and review of the area with the DOT engineers and the City engineers, and the DOT was agreeable to moving the light. Costello expressed that he is more concerned with safety and believes changing the location to 6th Street is the safer route for pedestrians. Responding to Mason, Elkins said the DOT and several staff discussed and reviewed data of that intersection. She is not aware of any independent traffic impact analysis which would have been done for that corridor. Elkins explained that the DOT has looked at turning movement counts and volumes before they would agree to enter into an agreement with the City to allow that to be moved. Mayor Hanks briefly explained the history of the crossing and said this is a safety issue. Elkins pointed out substantial increase in traffic on Omaha according to studies in the past few years. Upon roll call vote, the following voted AYE: Costello, Waugh, Brown, Petersen, Weifenbach, Davis, Hadcock and Kroeger; NO: Kooiker and Mason. Motion was made by Kooiker, second by Waugh, to approve Items 33 through 38. Responding to Weifenbach, Ellis explained that the fees are construction fees. He also confirmed the City has a history of payments, and they are tracked in GIS. Motion carried. 33. No. PW Approve Construction Fee Resolution # for Eglin Street Realignment Sewer Main Reconstruction. RESOLUTION # CONSTRUCTION FEE RESOLUTION FOR EGLIN STREET REALIGNMENT SEWER MAIN EXTENSION WHEREAS, SDCL and Section of the Rapid City Municipal Code (RCMC) authorize the City Council to require properties benefited by construction or a main or trunk sewer to pay their proportionate share of the cost to construct such sewer prior to being allowed to connect to the City's sewer utility; and WHEREAS, a sewer main was extended as part of the realignment of Egan Street in the general area between Lowery Lane and Elk Vale Road, per plans filed with the City nder City Development File No. DEV ; and WHEREAS, a 12" sanitary sewer main, which was larger than what was needed to serve the developer's properly was installed to provide additional capacity for future growth in the area; and 12

13 WHEREAS, the City paid the developer $15, to build the oversize portion of the 12" sewer main; and WHEREAS, the City's engineering staff has identified the total area that will benefit from construction of this oversize sewer main, as shown on Exhibit A, which has been. attached hereto and incorporated herein; and WHEREAS, the City's Public Works Director is recommending the cost to construct the oversize portion of the sewer main be paid by the properties which will benefit from its construction prior to such properties being served by the City's sewer utility; and WHEREAS, the City's Public Works Director is recommending the sewer construction fees to the benefiting area shown on Exhibit A be apportioned based on the benefits that accrue to such property, and as such, should be established on a per-acre basis. "Benefiting areas " include those properties that will benefit from the sanitary sewer main. These properties do not necessarily directly abut the sewer main. Thus, the owner's of these properties may need to extend additional sewer mains and other necessary infrastructure, at their own cost, prior to connecting to the 12." sewer main; and WHEREAS, the City Council, having considered the recommendation of the City's Public Works Director and. having made such investigation as it finds necessary, determines that it is in the best interests of the City and its sewer utility that the owners of - properties within the benefiting area should pay their proportionate share of the cost to construct this project on a per acre basis. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that prior to being allowed to connect to the City's sewer system, the owners of property in the benefiting area shown on Exhibit A shall be required to pay a proportionate share of the cost of constructing the 12" sewer main shown in City Development File No. DEV ; and BE IT FURTHER RESOLVED that the owners of the property shown in Exhibit A shall pay $72.08 per acre prior to connecting to the City's sewer utility; and BE IT FURTHER RESOLVED that all construction fees collected as established herein shall accrue to the sewer utility enterprise fund; and BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling $15,085,22 has been collected, at which time this Resolution and the utility construction fee shall automatically expire. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) 34. No. PW Approve Construction Fee Resolution # for Copperfield Vistas Subdivision Sanitary Sewer. 13

14 RESOLUTION # CONSTRUCTION FEE RESOLUTION FOR COPPERFIELD VISTAS SEWER MAIN EXTENSION WHEREAS, SDCL and Section 13, of the Rapid City Municipal Code (RCMC) authorize the City Council to require properties benefited by construction of a main or trunk sewer to pay their proportionate share of the cost to construct such sewer prior to being allowed to connect to the City's sewer utility; and WHEREAS, a sewer main was constructed in the Copperfield Vistas Subdivision per plans filed with the City in City Development File No. DEV 07PL015; and WHEREAS, a 10" sanitary sewer main, which was larger than what was needed to serve the developer's property was installed to provide additional capacity for future growth in the area; and WHEREAS, the City paid the developer $12, to build the oversize I 0" sewer main; and WHEREAS, the City's engineering staff has identified the total area that will benefit from construction of this oversize sewer main, as shown on Exhibit A, which has been attached hereto and incorporated herein; and WHEREAS, The City's Public Works Director is recommending the cost to construct the oversize portion of the sewer main be paid by the properties which will benefit from it s construction prior to such properties being served by the City's sewer utility; and WHEREAS, the City ' s Public Works Director is recommending the sewer construction fees to the benefiting area shown on Exhibit A be apportioned based on the benefits that accrue to such property, and as such, should be established. on. a per-acre basis. "Benefiting areas" include those properties that will benefit from the sanitary sewer main. These properties do not necessarily directly abut the sewer main. Thus, the owner's of these properties may need to extend additional sewer mains and other necessary infrastructure, at their own cost, prior to connecting to the 10" sewer main; and WHEREAS, the City Council, having considered the recommendation of the City's Public Works Director and having made such investigation as it finds necessary, determines that it is in the best interests of the City and its sewer utility that the owners of properties within the benefiting area should pay their proportionate share of the cost t o construct this project on a per acre basis. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that prior to being allowed to connect to the City's sewer system, the owners of property in the benefiting area shown in Exhibit A shall be required to pay a proportionate share of the cost of constructing the 10" sewer main shown in City Development File No. DEV 07PLO15; and BE IT FURTHER RESOLVED that the owners of the properly shown in Exhibit A shall ply S55.26 per acre prior to connecting to the City's sewer utility; and BE IT FURTHER RESOLVED that all sewer construction fees collected as established herein shall accrue to the sewer utility enterprise fund; and 14

15 BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling $12,095,00 has been collected, at which time this Resolution and the utility construction fee shall automatically expire. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) 35. No. PW Approve Construction Fee Resolution # for Dakota Craft Water Main Extension. RESOLUTION # CONSTRUCTION FEE RESOLUTION FOR DAKOTA CRAFT 12" WATER MAIN OVERSIZING PROJECT NO. W WHEREAS, SDCL and Section of the Rapid City Municipal Code (RCMC) authorize the City Council to require properties benefited by the construction of water pipes or mains to pay their proportionate share of the cost to construct such water pipe or main prior to being allowed to connect to the City's water utility; and WHEREAS, a water main has been extended in Old Folsom Road by Dakota Craft per plans filed in City Development File No. W : Dakota Craft Water Main Extension; and WHEREAS, the City required the developer to install a 12" water main in lieu of a smaller water main in order to provide additional capacity for future growth in the area; and WHEREAS, the cost attributable to constructing the oversize portion of the water main is $17,641.00; and WHEREAS, the City's engineering staff has identified the total area that will benefit from construction of the additional capacity of the water main, as shown on Exhibit A, which has been attached hereto and incorporated herein; and WIIEREAS, the City's Public Works Director is recommending the cost to construct the oversize portion of the water main be paid by the properties which will benefit from its construction prior to such properties being served by the City's water utility; and WHEREAS, the City's Public Works Director is recommending the construction fees to the benefiting area shown on Exhibit A be apportioned based on the benefits that accrue to such property, and as such, should be established on a per acre basis. "Benefiting areas" include those properties that will benefit from the oversized water main. These properties do not necessarily directly abut the 12" water main. Thus, the owner's of these properties may need to extend additional water mains and other necessary infrastructure, at their own cost, prior to connecting to the 12" water main; and. WHEREAS, the City Council, having considered the recommendation of the City's Public 15

16 Works Director and having made such investigation as it finds necessary, determines that it is in the best interests of the City and its water utility that the owners of properties within the benefiting area should pay their proportionate share of the cost to construct this project on a per acre basis. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that prior to being allowed to connect to the City's water system, the owners of property in the benefiting area shown on Exhibit A shall be required to pay a proportionate share of the cost of constructing the oversize portion of the 12" water main shown in City Development File No. W ; and BE IT FURTHER RESOLVED that the owners of the property shown on Exhibit A shall pay $I00.23 per acre prior to connecting to the City's water utility; and BE IT FURTHER RESOLVED that all construction fees collected as established herein shall accrue to the water utility enterprise fund; and BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling S17,641,00 has been collected, at which time this Resolution and the utility construction fee shall automatically expire. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) 36. No. PW Approve Construction Fee Resolution # for Sixth Street Water Main. RESOLUTION # CONSTRUCTION FEE RESOLUTION FOR 61rr STREET WATER MAIN PROJECT NO. W WHEREAS, SDCL and Section of the Rapid City Municipal Code (RCMC) authorize the City Council to require properties benefited by the construction of water pipes or mains to pay their proportionate share of the cost to construct such water pipe or main prior to being allowed to connect to the City's water utility; and WHEREAS, an 8" water main was extended in 6th Street per City Project No. W ; WHEREAS, the total cost of constructing this water main was $8,754.78; and WHEREAS, the City's engineering staff has identified the total area that will benefit from construction of this water main, as shown on Exhibit A, which has been attached hereto and incorporated herein; and WHEREAS, the City's Public Works Director is recommending the cost to construct this water main be paid by the properties which will benefit from its construction prior to such 16

17 properties being served by the City's water utility; and WHEREAS, the City's Public Works Director is recommending the construction fees to the benefiting area shown on Exhibit A be apportioned based on the benefits that accrue to such property, and as such, should be established on a per-property basis; and WHEREAS, the City Council, having considered the recommendation of the City's Public Works Director and having made such investigation as it finds necessary, determines that it is in the best interests of the City and its water utility that the owners of properties within the benefiting area should pay their proportionate share of the cost to construct this project on a per property basis, NOW THEREFORE, BE. IT RESOLVED, by the City of Rapid City, that prior to being allowed, to connect to the City's water system, the owners of property in the benefiting area shown in Exhibit A shall be required to pay a proportionate share of the cost of constructing the 8" water main shown in City Project No. W ; and BE IT FURTHER RESOLVED that the owners of - the property shown on Exhibit A shall pay $2, prior to connecting to the City's water utility; and BE IT FURTHER RESOLVED that all construction fees collected as established herein shall accrue to the water utility enterprise fund; and BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling $8, has been collected, at which time this Resolution and the utility construction fee shall automatically expire. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) 37. No. PW Approve Construction Fee Resolution # for Mall Drive Water Transmission Main Oversize. RESOLUTION # CONSTRUCTION FEE RESOLUTION FOR MALL DRIVE 14" WATER MAIN OVERSIZING PROJECT NO. W WHEREAS, SDCL and Section of the Rapid City Municipal Code (RCMC) authorize the City Council to require properties benefited by the construction of water pipes or mains to pay their proportionate share of the cost to construct such water pipe or main prior to being allowed to connect to the City's water utility; and WHEREAS, the City, has extended its water system in order to provide service to the Mall Drive area; and WHEREAS, the City constructed app r oximately 4,873 lineal feet of 14" water main along Mall Drive per City Project No. W ; and 17

18 WHEREAS, a 14" water main was constructed in lieu ()Ca smaller water main in order to provide additional capacity for future growth in the area; and WHEREAS, the cost attributable to constructing the oversize portion of the water main is $309,360,69; and WHEREAS, the City's engineering staff has identified the total area that will benefit from construction of the additional capacity of the water main, as shown on Exhibit A, which has been attached hereto and incorporated herein; and WHEREAS, the City ' s Public Works Director is recommending the cost to construct this water main be paid by the properties which will benefit f r om its construction prior to such properties being served. by the City's water utility; and WHEREAS, the City's Public Works Director is recommending the construction fees to the benefiting area shown on Exhibit A be apportioned based on the benefits that accrue to such property, and as such, should be established on a per-acre basis. "Benefiting areas" include those properties that will benefit from the oversized water main. These properties do not necessarily directly abut the water main. Thus, the owner's of these properties may need to extend additional water mains and. other necessary infrastructure, at their own cost, prior to connecting to the 14" water main; and WHEREAS, the City Council, having considered the recommendation of the City's Public Works Director and having made such investigation as it finds necessary, determines that it is in the best interests of the City and its water utility that the owners of properties within the benefiting area should pay their proportionate share of the cost to construct the oversized water main on a per acre basis. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that prior to being allowed to connect to the City's water system, the owners of property in the benefiting area shown on Exhibit A, shall be required to pay a proportionate share of the cost of constructing the oversize portion of the 14" water main for City Project No. W ; and BE IT FURTHER RESOLVED that the owners of the property shown on Exhibit A shall pay $ per acre prior to connecting to the City's water utility; and BE IT FURTHER RESOLVED that all water construction fees collected as established herein shall accrue to the water utility enterprise fund; and BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling $309, has been collected, at which time this Resolution and the utility construction fee shall automatically expire. Dated this 7th day of September ATTEST: s/ Pauline Sumption Finance Officer CITY OF RAPID CITY s/ Alan Hanks, Mayor (SEAL) 18

19 38. No. PW Approve Construction Fee Resolution # for Mall Drive Water Transmission Main Frontage. RESOLUTION # CONSTRUCTION FEE RESOLUTION FOR MALL DRIVE 14" WATER MAIN PROJECT NO. W WHEREAS, SDCL and Section of the Rapid City Municipal Code (RCMC) authorize the City Council to require properties benefited by the construction of water pipes or mains to pay their proportionate share of the cost to construct such water pipe or main prior to being allowed to connect to the City's water utility; and WHEREAS, the City, has extended its water system in order to provide service to the Mall Drive area; and WHEREAS, the City constructed approximately 4,873 lineal feet of 14" water main along Mall Drive per City Project No, W ; and WHEREAS, the total cost for constructing the non-oversized portion of the 14" water main is $152,371.65; and WHEREAS, the City's engineering staff has identified the total area that will benefit from construction of this water main, as shown on Exhibit A, which has been attached hereto and incorporated herein; and WHEREAS, the City's Public Works Director is recommending the cost to construct this water main be paid by the properties which will benefit from its construction prior to such properties being served by the City's water utility; and WHEREAS, the City's Public Works Director is recommending the construction fees to the benefiting area shown on Exhibit A be apportioned based o.m the benefits that accrue to such property along with any future subdivisions of such property on the basis of their front footage along Mall Drive; and WHEREAS, the City Council, having considered the recommendation of the City's Public Works Director and having made such investigation as it finds necessary, determines that it is in the best interests of the City and its water utility that the owners of properties within the benefiting area should pay their proportionate share of the cost to construct this project on a front footage basis. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that. prior to being allowed to connect to the City's water system, the owners of property in the benefiting area shown in Exhibit A shall be required to pay a proportionate share of the cost of constructing the 14" water main for City Project No. W ; and BE IT FURTHER RESOLVED that the owners of the property shown in Exhibit A shall pay 52L88 per frontage foot along Mall. Drive prior to connecting to the City's water utility; and BE IT FURTHER. RESOLVED that all construction. fees collected as established herein shall accrue to the water utility enterprise fund; and BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling $152, has been collected, at 19