PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota. October 17, 2005

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota October 17, 2005 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Rapid City was held at the City/School Administration Center in Rapid City, South Dakota on Monday, October 17, 2005 at 7:00 P.M. The following members were present: Mayor Jim Shaw and the following Alderpersons: Mike Schumacher, Ray Hadley, Karen Olson, Bill Okrepkie, Tom Johnson, Deb Hadcock, Bob Hurlbut, Malcom Chapman and Sam Kooiker. The following Alderpersons arrived during the course of the meeting: None; and the following were absent: Ron Kroeger. Staff members present included Finance Officer Jim Preston, City Attorney Jason Green, Growth Management Director Marcia Elkins, Acting Public Works Director Dan Coon, Police Chief Craig Tieszen, Fire Chief Gary Shepherd, and Administrative Assistant Jackie Gerry. APPROVE MINUTES Okrepkie moved, second by Hadcock and carried to approve the minutes of October 3, 2005 and Special Council October 11, 2005. ADOPTION OF THE AGENDA The following items were added to the agenda: 12.A. No. 05VR009 - A request by ARC International for First Western Properties, LLC for a Vacation of Right-of-Way on a ten foot wide strip of the Eleventh Street right-of-way located adjacent to Lot 1, Block 3; Lot 29, Block 3; and Tract A, Block 4, Riverside Addition, all located in SE1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the east and west sides of Eleventh Street between Omaha Street and Rapid Street. 54.A. Rapid City Landfill Litter Control Plan Rapid City Book by Chamber of Commerce, Mayor Shaw Silver Street Cleanup, Alderman Hadcock Graffiti 6 th Street / Clark, Alderman Kooiker Civic Center Petition Policy, Alderman Schumacher Technology Grant Acceptance, Police Department Executive Session to discuss pending litigation and personnel matters Johnson moved, second by Hurlbut and carried to adopt the agenda as amended. AWARDS AND RECOGNITIONS No Veteran of the Month for October 2005 was recognized. Mayor Shaw recognized the following City employees and commended them for their years of public service to Rapid City: Police Chief Craig Tieszen for thirty years, Detective Tom Senesac for twenty years, and Police Lieutenant Daniel Rud for twenty years. Mayor Shaw also

recognized Ritchie Nordstrom and Chuck Larson as recipients of the Price-Rees Award from the South Dakota Water and Wastewater Association for twenty years of service in the water and wastewater profession; Don Mitchell as recipient of the Seger-Bees Award for over thirty years of service in the water and wastewater profession; and Bob Druckrery as recipient of the Laboratory Analysis Excellence Award from the South Dakota Water and Environment Association. GENERAL PUBLIC COMMENT Mayor Shaw recognized Dr. Grace Mickelson, who reported reading an article in the Rapid City Journal on the Legionnaires outbreak and explained she was disturbed by the lack of information provided to the general public. As a result of this outbreak and lack of information, Mickelson reported the organization of a Citizens Committee, who is making plans for a public forum on the subject. Dr. Mickelson reported visiting with the Governor s Office and the State Health Secretary who has confirmed her attendance and participation at the public forum scheduled for Wednesday, October 26, 2005 at 1:30 P.M. The location of the public forum has yet to be confirmed. Dr. Mickelson extended an invitation to the City and the Council to attend the public forum. PUBLIC HEARINGS The Mayor announced the meeting was open for consideration of No. PW091305-09, a Resolution Levying Assessment for Heidiway Lane Sanitary Sewer Extension Project No. SS01-1061; whereupon Olson moved, second by Hurlbut and carried to open the public hearing. Notice of hearing was mailed to the affected property owners on October 7, 2005, and published in the Rapid City Journal on October 8, 2005. No oral or written objections were submitted. The following resolution was introduced, read and Olson moved its adoption: RESOLUTION LEVYING ASSESSMENT FOR HEIDIWAY LANE SANITARY SEWER EXTENSION PROJECT NO. SS01-1061 BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The City Council has made all investigations which it deems necessary and has found and determined that the amount which each lot or tract shall be benefited by the sewer extension is the amount stated in the proposed assessment roll. 2. The assessment roll for SS01-1061 Heidiway Lane Sanitary Sewer Extension 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 9-43-43 to 9-43-53 of the South Dakota Compiled Laws of 1967, as amended, and shall be payable in ten annual installments bearing interest at the rate not to exceed nine percent (9%). Dated this 17 th day of October, 2005. ATTEST: 2 CITY OF RAPID CITY s/ Jim Shaw, Mayor

s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the forgoing resolution was second by Hurlbut. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon said resolution was declared duly passed and adopted. The Mayor presented No. 05FV011, a request by Dream Design International, Inc. for a Fence Height Exception to allow a six foot high fence in a front yard setback on a Tract of land located in the NW1/4 NW1/4, Section 28, T1N, R7E, BHM, Pennington County, South Dakota, more particularly described as follows: beginning at a point from which the Section corner common to Sections 20, 21, 28 and 29 bears S88º14 01 E, a distance of 1285.76 feet; Thence S00º04 24 W a distance of 38.00 feet; Thence S89º55 37 E, a distance of 114.67 feet; Thence N00º22 22 W, a distance of 48.00 feet; Thence N89º55 37 W, a distance of 104.29 feet; Thence S45º04 22 W, a distance of 14.14 feet to the point of beginning: said Tract containing 0.13 acres, more or less., located at the northeast terminus of Dunsmore Road. Olson moved, second by Hurlbut and carried to approve the Fence Height Exception with the following revised stipulations: 1. The fence shall be located a minimum 5 feet from the property line as per revised site plans; 2. Landscaping shall be located on the exterior of the fence as per revised site plans; and, 3. No privacy slats shall be used in the construction of the chain link fence. The Mayor presented No. 05PD054, an appeal of the Planning Commission s decision on a request by Centerline for Brett & Patricia Lawlor for a Planned Residential Development - Initial and Final Plan on Lots 1, 2 and 3, Block 5, Schamber Addition, SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4114 Sunset Drive. Olson moved, second by Hurlbut and carried to continue to the November 7, 2005 Council meeting at the applicant s request. Olson moved, second by Hurlbut and carried to Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, water, sewer and pavement along Nemo Road and the Section Line Highway as they abut Tract C, less Lot H-1, located in the SE1/4 NE1/4, Section 26, T2N, R6E, BHM, Pennington County, South Dakota. (05SV054) Olson moved, second by Johnson and carried to Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, sidewalk, sewer, and water along Sheridan Lake Road; to install curb, gutter, street light conduit, sidewalk and sewer along the internal streets; and to install curb, gutter, street light conduit, sidewalk and sewer and to reduce the pavement width along Sawmill Road as they abut a portion of Tract B, Boland Placer M.S.1252, located in the SW1/4 SW1/4, Section 35; less Lot H-1 of the S1/2 SW1/4, Section 35; and the SE1/4 SE1/4, Section 34; less Lots 1 through 4, SE1/4 SE1/4; located in the SW1/4 SW1/4, Section 35, T1N, R6E, BHM, and in the SE1/4 SE1/4, Section 34, T1N, R6E, BHM, and in Government Lots 2 through 4, Section 2, T1S, R6E, BHM, Pennington County, South Dakota. (05SV062) The Mayor presented No. 05SV062, a request by Sperlich Consulting, Inc. for Kelly Construction for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and sewer along interior streets; to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and 3

pavement along Sawmill Road; and to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water along Sheridan Lake Road as per Chapter 16.16 of the Rapid City Municipal Code on Sewer Lot 1 and Lots 2 through 8, Block 1; Lots 1 through 10, Block 2; Lots 1 through 8, Block 3; Reservoir Lot, and Well Lot 1 through Well Lot 3, and dedicated right-of-way of Sawmill Road, Sienna Meadows, and Ironwood Ridge, Sheridan Lake Highlands, all located in Sections 34 and 35, T1N, R6E, and Section 2, T1S, R6E, BHM, Pennington County, South Dakota, legally described as a portion of Tract B, Boland Placer M.S.1252, located in the SW1/4 SW1/4, Section 35; less Lot H-1 of the S1/2 SW1/4, Section 35; and the SE1/4 SE1/4, Section 34; less Lots 1 through 4, SE1/4 SE1/4; located in the SW1/4 SW1/4, Section 35, T1N, R6E, BHM, and in the SE1/4 SE1/4, Section 34, T1N, R6E, BHM, and in Government Lots 2 through 4, Section 2, T1S, R6E, BHM, Pennington County, South Dakota, located in the northwest corner of the intersection of Sawmill Road and Sheridan Lake Road. Olson moved, second by Hurlbut and carried to approve the Variance with the following stipulations: Variance to the Subdivision Regulations to waive the requirement to install sidewalk be tabled; That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit and sewer along Sienna Meadow and Ironwood Ridge be approved with the following stipulation: 1. Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements along Sienna Meadow and that portion of Ironwood Ridge located in right-of-way; and, That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit and sewer and to reduce the pavement width from 27 feet to 24 feet along Sawmill Road be approved with the following stipulation: 1. Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements along Sawmill Road; and, That the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water and sewer along Sheridan Lake Road be approved with the following stipulation: 1. Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements along Sawmill Road. Olson moved, second by Hurlbut to Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along West Fulton Street as it abuts Lot 5, Overlook Subdivision, located in the SW1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. (05SV063) Phil Olsen, Olsen Development Company indicated there is a problem in what was discussed and recommended by the Council during the October 3, 2005 meeting. He read the following excerpt of the minutes, to waive the requirement to dedicate right-of-way for an access easement to proposed Lot 5B be approved with the stipulation that entire parcel be identified as a No Build Easement. He explained the City Attorney s Office prepared a covenant rather than a No Build Easement. Olsen reiterated his intent and agreement to an easement over the property, and not to build on it, and keep it as open space, and to give the property to the Skyline Drive Trust. Alderman Johnson reminded the Council of their direction to staff to prepare an easement on Lot 5B. At the request of Growth Management Director Elkins to dispose of the motion on the floor; a vote was taken on the motion to approve. Motion carried. Kooiker moved, second by Chapman and carried to consider 12.B. No. 05SV063, a request by Olsen Development Company, Inc. for a Variance to the Subdivision Regulations. The Mayor presented No. 05SV064, a request by Sperlich Consulting, Inc. for Walgar Development for a Variance to the Subdivision Regulations to waive the requirement to install street light conduit; to dedicate additional right-of-way and to allow a lot twice as 4

long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 9, Block 3, Minnesota Park Subdivision, located in the NE1/4 SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A, Robbinsdale Addition No. 10, located in the NE1/4 SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of East Minnesota Street and Maple Avenue. Olson moved, second by Johnson and carried to approve the Variance with the following stipulations: Variance to the Subdivision Regulations to waive the requirement to install street light conduit be tabled; That the Variance to the Subdivision Regulations to allow a lot twice as long as wide be approved; and, That the Variance to the Subdivision Regulations to dedicate additional right-of-way be approved with the following stipulation: 1. Prior to submittal of a Final Plat application, the plat document shall be revised to show a ten foot wide pedestrian access and utility easement along Minnesota Street. The Mayor presented No. 05UR012, an appeal of the Planning Commission s decision on a request by Hengel Associates P.C. for Doyle D. Estes for a Conditional Use Permit to allow an on-sale liquor establishment in the General Commercial Zoning District on Lot 2, less west 250 feet, Nicholl's Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1241 East Saint Joseph Street. Olson moved, second by Johnson to approve the Conditional Use Permit with the following stipulations: Allow an on-sale liquor establishment in the General Commercial Zoning District with the following stipulations: 1. The on-sale liquor establishment shall be operated in conjunction with a full service restaurant; 2. All applicable provisions of the International Fire Codes shall be continually met; 3. The parking plan shall continually comply with all requirements of the Zoning Ordinance; 4. A revised landscaping plan shall be provided prior to Planning Commission and the landscaping plan shall continually comply with all provision of the Zoning Ordinance and be maintained in a live vegetative state and replaced as necessary. In addition, curb stops of some form of landscape protection device around plant material must be included in the landscaping plan; 5. A five foot curbside sidewalk shall be placed adjacent to E. St. Joseph Street frontage prior to a Certificate of Occupancy; 6. The abandoned roof sign shall be removed prior to obtaining a Building Permit and a sign package shall be submitted prior to Planning Commission or an Amendment to the Conditional Use Permit shall be required; 7. A Sign Permit shall be obtained prior to any signs being placed on the subject property; 8. A revised site plan shall be provided indicating water, sewer and utility service lines on the subject property prior to obtaining a Building Permit; 9. A Building Permit shall be obtained prior to any construction and a Certificate of Occupancy shall be obtained prior to occupying the building; 10. The Conditional Use Permit 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 a period of two years. Brian Garafalo and Sue Ghere-Garofalo, 1215 & 1211 East St. Francis addressed the Council asking that the Conditional Use Permit be denied. Brian indicated he would like to ensure that his neighborhood remains a family-friendly community. He indicated the five closes structures to 1241 East Saint Joseph Street are single-family residents with children. He suggested no amount of alcohol sales revenues justifies the decline of quality of life that his neighborhood will experience by allowing a bar at this location. Sue indicated she presented the Planning Commission with petitions she had circulated, supporting the denial of the Conditional Use Permit. She presented another set of petitions that did not support a bar being located in the neighborhood. With the aid of an overhead, Sue pointed out the size of her neighborhood, the number of homes on the block, the number of businesses along St. Patrick Street, listed the number of liquor and casino establishments in the vicinity of the neighborhood. Because of the 5

number of children in the neighborhood, Sue indicated there is no need for another bar. Warner Ghere, 2202 Cherry Avenue commented he has lived in this area a long time and there have been several bars in the proposed location, and most were a problem. He offered no support for another bar at the proposed location. Carl Douglas, 1233 East St. Francis reported his home is across the street from the proposed location of the bar. He explained his children bring friends home to play, and he has bible study in his home, and on Sunday conducts an informal church worship. He indicated that at this point, it has been relatively safe for the children in this neighborhood. He did report that speedy motorists are sometimes a problem on this street. He asked the Council to keep children and families in mind when deliberating their decision. Doyle Estes, petitioner, indicated the site that is proposed for an alcohol license is zoned for commercial. He indicated this is a liquor establishment to be operated in conjunction with a full service restaurant. He suggested it is improper to characterize this as a bar. He reported there is sufficient off-street parking; and suggested there is no undue concentration of alcohol licenses in the area. He explained this property is sufficiently buffered from the residential area. Estes asked for approval of the Conditional Use Permit. Growth Management Director Elkins, responding to a question from Alderman Kooiker, explained the Council could stipulate as a condition that no casino be allowed at this location; or, if a beer license is transferred to this site, the license be reviewed and denoted whether or not it is with video lottery. Johnson moved to amend by adding an additional stipulation that video lottery shall not be allowed at 1241 East Saint Joseph Street. Second by Schumacher. Upon a roll call vote, the amendment failed with the following voting AYE: Hadley, Olson, and Johnson; NO: Schumacher, Okrepkie, Hadcock, Hurlbut, Chapman, and Kooiker. Upon a vote being taken to approve with stipulations, motion carried. The Mayor presented No. 05VR011, a request by E. Dallas Wasserburger for Mountain Shadows Townhome Owners Association, Inc. for a Vacation of Right-of-Way on a portion of the Chancery Lane Public Right-of-Way as shown on the Plat of Lots A and B of Block 1, Lots 1-10 of Block 2, and Tract A, all in Mountain Shadows Subdivision, located in the SW1/4 SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Sheridan Lake Road and Chancery Lane. Olson moved, second by Hadley and carried to approve. The following resolution was introduced, read and Olson moved its adoption: RESOLUTION OF VACATION OF PUBLIC RIGHT-OF-WAY WHEREAS it appears that the public right-of-way adjacent to a portion of the Chancery Lane Public Right-of-Way as shown on the Plat of Lots A and B of Block 1, Lots 1-10 of Block 2, and Tract A, all in Mountain Shadows Subdivision, located in the SW1/4 SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located intersection of Sheridan Lake Road and Chancery Lane; is not needed for public purposes; and WHEREAS the owner(s) of property adjacent to the above-described right-of-way desires said public right-of-way to be vacated and released; 6

NOW THEREFORE, BE IT RESOLVED by the City of Rapid City that the public right-of-way heretofore described, and as shown on Exhibit "A", attached hereto, be and the same is hereby vacated; and, BE IT FURTHER RESOLVED by the City of Rapid City that the Mayor and Finance Officer are hereby authorized to execute a release of public right-of-way in regard thereto. Dated this 17 th day of October, 2005 ATTEST: s/ James F. Preston Finance Officer (SEAL) THE CITY OF RAPID CITY s/ Jim Shaw, Mayor The motion for adoption of the foregoing Resolution was seconded by Hadley. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon said Resolution was declared duly passed and adopted. The Mayor presented No. 05VR009, a request by ARC International for First Western Properties, LLC for a Vacation of Right-of-Way on a ten foot wide strip of the Eleventh Street right-of-way located adjacent to Lot 1, Block 3; Lot 29, Block 3; and Tract A, Block 4, Riverside Addition, all located in SE1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the east and west sides of Eleventh Street between Omaha Street and Rapid Street. The following Resolution was introduced, read and Johnson moved adoption: RESOLUTION OF VACATION OF PUBLIC RIGHT-OF-WAY WHEREAS it appears that the public right-of-way adjacent to a ten foot wide strip of the Eleventh Street right-of-way located adjacent to Lot 1, Block 3; Lot 29, Block 3; and Tract A, Block 4, Riverside Addition, all located in SE1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located adjacent to the east and west sides of Eleventh Street between Omaha Street and Rapid Street; is not needed for public purposes; and WHEREAS the owner(s) of property adjacent to the above-described right-of-way desires said public right-of-way to be vacated and released; NOW THEREFORE, BE IT RESOLVED by the City of Rapid City that the public right-of-way heretofore described, and as shown on Exhibit "A", attached hereto, be and the same is hereby vacated; and, BE IT FURTHER RESOLVED by the City of Rapid City that the Mayor and Finance Officer are hereby authorized to execute a release of public right-of-way in regard thereto. Dated this 17 th day of October, 2005 7

ATTEST: s/ James F. Preston Finance Officer (SEAL) THE CITY OF RAPID CITY s/ Jim Shaw, Mayor The motion for adoption of the foregoing Resolution was seconded by Hadcock. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon said Resolution was declared duly passed and adopted. The Mayor presented No. 05SV063, a request by CETEC Engineering Services, Inc. for Olsen Development Company, Inc. for a Variance to the Subdivision Regulations. City Attorney Green indicated staff drafted the No Build Easement as a covenant because legally it is more appropriate as a covenant; but the City Attorney s Office can change it and put it in a form of an easement. No action was taken. LEGAL & FINANCE COMMITTEE ITEMS Alderman Johnson brought forward for discussion, the downtown holiday lights purchase. Alderman Kooiker reported receiving a telephone call from Tom Vucurevich, who generously offered $10,000 in the form of matching funds of the downtown business owners and the City. Kooiker extended his appreciation for the generous offer. Steve Rolinger on behalf of the United Downtown Association indicated they reviewed proposals brought before them in 2004, and their final recommendation was $33,000 for the purchase of the holiday lights. Rolinger explained that if their group would have come before the Council with a proposal, they would have made an effort to provide a twenty-five percent match. Rolinger indicated they would like the opportunity to conduct a fund raising campaign, but was not certain that task could be completed in time to purchase new lights for this holiday season. Recreation Division Manager, Lowe explained the Parks Department will put up the existing lights and will allocate $2,000 for repair of the existing lights before putting them up for the holiday season. He indicated new lights could not be ordered in time to receive them for this holiday season. Alderman Olson suggested the best solution is to use the current lights with some repair. She made note that the Chamber handled the purchase of the current lights. One of their Chamber mixers was devoted to raise funds; and suggested that this may still be a possibility. Olson moved, second by Hurlbut that the City use the current lights with the idea that the City move ahead actively to assure that new lights are available and a partnership created to fund that, between the City and other entities. Motion carried. Alderman Chapman brought forward for discussion, the Development Appeals and Review Board powers and reminded the Council that the DARB is currently a recommending body. Alderman Olson suggested this discussion is more appropriate at a Legal & Finance Committee meeting where the Committee can initiate the appropriate discussion, what the parameters might be, and then have something to bring before the Council. Olson moved, second by Hurlbut to refer the Development Appeals and Review Board powers discussion to the November 2, 2005 Legal & Finance Committee meeting. Alderman Johnson indicated this discussion has already occurred before the Legal & Finance Committee. He explained an ordinance was presented for first reading, and the Committee denied the 8

consideration. Johnson indicated the DARB should remain a recommending body and not a final decision making board. Substitute motion was made by Johnson to continue the Development Appeals and Review Board as a recommending body. Second by Chapman. Alderman Hadcock noted there are individuals who wish to address this issue and possibly bring forward another option for an ordinance at the November 16, 2005 Legal & Finance Committee meeting. Alderman Kooiker indicated it is important to note that three years ago several Council members, including him, recommended eliminating the Building Code Board of Appeals because the DARB was considered to be a duplication of efforts. He indicated an ordinance should be discussed that would set up a process similar to the Planning Commission. He explained the process and suggested it would speed up the process so that it does not delay things and it also gives appropriate venue to the Council. Second substitute motion was made by Kooiker to refer the Development Appeals and Review Board powers discussion to the November 1, 2005 Public Works Committee meeting. Second by Schumacher. Discussion continued. With the consent of the Council, Alderman Kooiker withdrew the second substitute motion. Second substitute motion was made by Kooiker to table. Second by Schumacher. Upon a roll call vote, substitute motion failed with the following voting AYE: Schumacher; NO: Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, Chapman, and Kooiker. Upon a roll call vote on the first substitute motion to continued the Development Appeals and Review Board as a recommending body, substitute motion failed with the following voting AYE: Johnson, Chapman and Hadley: NO: Olson, Okrepkie, Hadcock, Hurlbut, Kooiker, and Schumacher. Friendly amendment to the original motion was made by Hadcock to refer this issue to the November 16, 2005 Legal & Finance Committee meeting. Motion maker accepted the friendly amendment. Upon a vote on the original motion as amended; motion carried with Johnson voting NO. Johnson moved, second by Hurlbut and carried to table the discussion on the fence height exception at 430 South Canyon Road, John Dicks. Johnson moved, second by Okrepkie to set a public hearing on the airport authority for November 21, 2005. Motion carried with Olson voting NO. The Mayor presented No. 05TI011, a request by Dream Design International to consider an application for a Resolution Creating Tax Increment District No. 55 on Lot 1, Mailloux Subdivision; Government Lot 4; the unplatted balance of the SE1/4 SW1/4 and the unplatted balance of the S1/2 SE1/4 all located in Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; NE1/4 NW1/4 Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 7R, Madisons Subdivision; Outlots A, B and C and all of Block 6 of Auburn Hills Subdivision and the Auburn Drive right of way lying adjacent to said lots; NE1/4 SE1/4; S1/2 SE1/4; SE1/4 SW1/4 less Lot 7R, Madisons Subdivision; N1/2 SW1/4 SW1/4; NW1/4 SW1/4; SW1/4 NW1/4; all located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located extending from 9

the western boundary of Auburn Hills Subdivision, along Country Road to 143rd Avenue with the addition of Lot A of Tract A less Lot H2, Block 3, McMahon Industrial Park #2 and the adjacent right of way. The following resolution was introduced, read and Chapman moved its adoption: RESOLUTION CREATING TAX INCREMENT DISTRICT NUMBER FIFTY-FIVE AS SUBMITTED BY THE RAPID CITY PLANNING COMMISSION WHEREAS the property within the following described District meets the qualifications and criteria set forth in SDCL 11-9; and, WHEREAS the Council of the City of Rapid City finds that the aggregated assessed value of taxable property in this District, plus the assessed values of all other districts currently in effect, does not exceed ten percent (10%) of the total assessed value of taxable property in the City of Rapid City; and, WHEREAS the Council finds that: (1) Not less than twenty-five percent (25%), by area, of the real property within the district is a blighted area as defined in SDCL 11-9-9 through 11-9-11; and, (2) The improvement of the area is likely to significantly enhance the value substantially on all of the other real property in the district. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the real property legally described as: Lot 1, Mailloux Subdivision; Government Lot 4; the unplatted balance of the SE1/4 SW1/4 and the unplatted balance of the S1/2 SE1/4 all located in Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; NE1/4 NW1/4 Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 7R, Madisons Subdivision; Outlots A, B and C and all of Block 6 of Auburn Hills Subdivision and the Auburn Drive right of way lying adjacent to said lots; NE1/4 SE1/4; S1/2 SE1/4; SE1/4 SW1/4 less Lot 7R, Madisons Subdivision; N1/2 SW1/4 SW1/4; NW1/4 SW1/4; SW1/4 NW1/4; all located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Lot A of Tract A less Lot H2, Block 3, McMahon Industrial Park #2 and the adjacent right-of-way, all located in Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota is hereby designated as Tax Increment District Number 55, City of Rapid City. Dated this 17 th day of October, 2005 ATTEST: s/ James F. Preston Finance Officer (SEAL) THE CITY OF RAPID CITY s/ Jim Shaw, Mayor 10

The motion for adoption of the foregoing Resolution was seconded by Hurlbut. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, Chapman, and Kooiker; NO: None; whereupon said Resolution was declared duly passed and adopted. At this time Alderman Kooiker left the meeting at 8:54 P.M. The Mayor presented No. 05TI012, a request by Dream Design International to consider an application for a Tax Increment District No. 55 Project Plan on Lot 1, Mailloux Subdivision; Government Lot 4; the unplatted balance of the SE1/4 SW1/4 and the unplatted balance of the S1/2 SE1/4 all located in Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; NE1/4 NW1/4 Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 7R, Madisons Subdivision; Outlots A, B and C and all of Block 6 of Auburn Hills Subdivision and the Auburn Drive right of way lying adjacent to said lots; NE1/4 SE1/4; S1/2 SE1/4; SE1/4 SW1/4 less Lot 7R, Madisons Subdivision; N1/2 SW1/4 SW1/4; NW1/4 SW1/4; SW1/4 NW1/4; all located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located extending from the western boundary of Auburn Hills Subdivision, along Country Road to 143rd Avenue with the addition of Lot A of Tract A less Lot H2, Block 3, McMahon Industrial Park #2 and the adjacent right of way. The following resolution was introduced, read, and Chapman moved its adoption: RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENT DISTRICT NUMBER FIFTY-FIVE AS SUBMITTED BY THE RAPID CITY PLANNING COMMISSION WHEREAS the Council of the City of Rapid City has determined that it is in the best interest of the City to implement plans which promote economic development and growth in the City; and WHEREAS the Council embraces the concept of Tax Increment Financing as a tool to encourage this desirable growth and redevelopment; and WHEREAS there has been established Tax Increment District Number Fifty-Five; and WHEREAS the Council deems desirable to promote economic development and create jobs in the corporate limits of the City of Rapid City; and WHEREAS the Project Plan submitted helps make this development feasible by assisting in the development of public improvements to serve Freeland Meadows Subdivision and other adjacent areas of development; and WHEREAS the Project Plan submitted will assist with the costs of a lift station; and WHEREAS the use of Tax Increment Funding to promote this development is in keeping within the statutes adopted by the South Dakota State Legislature; and WHEREAS there has been developed a Project Plan for this Tax Increment District which proposes this improvement; and WHEREAS the Council has considered the Project Plan submitted by the Planning Commission and determined that the Project Plan for Tax Increment District Fifty-Five is economically feasible; and 11

WHEREAS the Council has further determined that this Project Plan is in conformity with the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the Tax Increment District Project Plan for Tax Increment District Number Fifty-five be, and is hereby, approved as submitted by the Rapid City Planning Commission. Dated this 17 th day of October, 2005 ATTEST: s/ James F. Preston Finance Officer (SEAL) THE CITY OF RAPID CITY s/ Jim Shaw, Mayor The motion for adoption of the foregoing Resolution was seconded by Johnson. In response to a question from Alderman Hadcock, Growth Management Director Elkins explained there are funds that have been set aside in the Capital Improvement Plan to upfront the cost of this lift station to replace the existing life station. That dollar amount has been applied to the Tax Increment District. The proposal would allow the City to be paid from the Tax Increment District for their investment, and when repaid the money would go back to the sewer enterprise fund. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, and Chapman; NO: None; whereupon said Resolution was declared duly passed and adopted. Chapman moved, second by Olson and carried to (No. LF101205-09) concur with the Rapid City School District No. 51-4 bid award of bleachers and authorize the purchase of eight (8) each 39-foot sections for a total cost not to exceed $249,272.80. PUBLIC WORKS COMMITTEE ITEMS The next agenda item for discussion is the Parking Ticket Fine Box located at the Rapid City Public Library. Olson moved that this parking ticket fine box and general conversation about Saturday parking enforcement be referred to the November 1, 2005 Public Works Committee meeting. Second by Hurlbut. Alderman Hadcock noted there is a fine box located across the street at the Dahl. Substitute motion was made by Hadcock, second by Okrepkie to deny the request to locate a parking ticket fine box at the Rapid City Public Library. Motion carried. Olson moved, second by Okrepkie and carried to (No. PW101105-07) Authorize the Mayor and Finance Officer to sign Amendment No. 2 to a Professional Services Agreement with TSP Three, Inc. to provide engineering and surveying services for the Mountain View Road Utility Reconstruction Project No. W05-1342; CIP #50350 for an amount not to exceed $10,600.00. Olson moved, second by Okrepkie and carried to (No. PW101105-08) Authorize the Mayor and Finance Officer to sign Amendment No. 3 to a Professional Services Agreement with TSP Three, Inc. to provide engineering service for construction administration for the Mountain View Road Utility Reconstruction Project No. W05-1342; CIP #50350 for an amount not to exceed $44,800.00. 12

Olson moved, second by Okrepkie to (No. PW101105-06) authorize the Mayor and Finance Officer to sign an Agreement between the City of Rapid City and 3T s Land Development, LLC to Allow a Portion of Minnesota Street to Encroach on a City-Owned Reservoir Lot; allow the easement to be moved from the north property line to the west property line; require that the sidewalk be constructed by the developer at such time the City deems it necessary. City Attorney Green responding to a question from Alderman Johnson explained the amended agreement implements the recommendations that came forward from the Legal & Finance Committee. The difference is that the amended agreement did not require the developer to immediately install the sidewalk. It allows the developer to post surety and to complete the sidewalk installation at a later date. Johnson suggested this would be difficult for the City to enforce and indicated this is not a good situation. Assistant City Attorney Landeen indicated the developer does not want to pay for the sidewalk. Because the City did not share in the cost to the build the road, the City should be responsible for building the sidewalk. Landeen urged the Council to approve the original agreement that required the building of the sidewalk. Landeen indicated the easement will be on the west side. Substitute motion was made by Johnson to authorize the Mayor and Finance Officer to sign an original Agreement between the City of Rapid City and 3T s Land Development, LLC with the easement moved to the west side. Second by Hadcock. Motion carried. Olson moved, second by Hadcock and carried to authorize the Mayor and Finance Officer to sign Plat of Lots 11-16; Lots 31-42 and Tract R Revised Minnesota Ridge Heights Subdivision. ORDINANCES & RESOLUTIONS Ordinance No. 5095 (No. LF092805-10), Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code having passed the first reading on October 3, 2005, it was moved by Chapman, seconded by Hadcock that the title be read the second time. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance 5095 was declared duly passed upon its second reading. Ordinance No. 5096 (No. LF092805-11), Allowing the Appointment of Alternate Members to the Rapid City Planning Commission by Amending Section 2.60.020 and Section 2.60.030 of the Rapid City Municipal Code having passed first reading on October 3, 2005, it was moved by Chapman, seconded by Hadcock that the title be read the second time. The following voted AYE: Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, and Chapman; NO: Schumacher; whereupon the Mayor declared the motion passed and Ordinance 5096 was declared duly passed upon its second reading. Ordinance No. 5097 (No. 05OA006), Allowing Wireless Communication Facilities in Certain Zoning Districts by Amending Sections 17.12.030, 17.14.030, 17.16.020, 17.16.030, 17.18.020, 17.18.030, 17.20.030, 17.22.020, 17.22.030, 17.24.020, 17.24.030, 17.30.030, 17.32.030, 17.34.020, 17.34.030, 17.36.020, 17.36.040, 17.40.030, 17.42.025, 17.46.020, 17.46.030, 17.48.020, 17.48.030, 17.56.020, 17.56.030 of the Rapid City Municipal Code having passed first reading on October 3, 2005, it was moved by Chapman, seconded by Hadcock that the title be read the second time. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, 13

Johnson, Hadcock, Hurlbut, and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance 5097 was declared duly passed upon its second reading. Ordinance No. 5098 (No. 05OA007), Revising the Definition of Microcell Wireless Communication Facilities by Amending Section 17.04.483 of the Rapid City Municipal Code having passed first reading on October 3, 2005, it was moved by Chapman, seconded by Hurlbut that the title be read the second time. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance 5098 was declared duly passed upon its second reading. Ordinance No. 5099 (No. 05OA008), Establishing Standards for "Microcell" Wireless Communication Facilities by Adding Section 17.50.400 of the Rapid City Municipal Code having passed first reading on October 3, 2005, it was moved by Chapman, seconded by Johnson that the title be read the second time. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance 5099 was declared duly passed upon its second reading. Ordinance No. 5100 (No. 05OA009), Defining "Microcell" Wireless Communication Antenna by Adding Section 17.04.484 of the Rapid City Municipal Code having passed first reading on October 3, 2005, it was moved by Chapman, seconded by Hurlbut that the title be read the second time. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance 5100 was declared duly passed upon its second reading. Ordinance No. 5101 (No. LF092805-01), Granting to Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc., a Corporation, Its Successors and Assigns, the Franchise and Right to Construct, Maintain and Operate Within and Upon, In and Under the Streets, Alleys and Public Grounds of the City of Rapid City a Gas Distribution System for Transmitting and Distributing Natural or Manufactured Gas, or a Mixture of Both, for Public and Private Use having passed first reading on October 3, 2005, it was moved by Chapman, seconded by Olson that the title be read the second time. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance 5101 was declared duly passed upon its second reading. Ordinance No. 5105 (No. LF101205-11), Removing the Requirement that Group R-2 Occupancies Contain Type A Dwelling Units by Adding Section 15.12.735 to the Rapid City Municipal Code was introduced. Upon a motion made by Chapman moved, second by Okrepkie and carried, Ordinance 5105 was placed upon its first reading and the title was fully and distinctly read. The Finance Officer was authorized and directed to publish notice of hearing thereon, said hearing to be held on Monday, November 7, 2005 at 7:00 P.M. Ordinance No. 5106 (No. 05RZ054), a request by Dream Design International for Thomas O'Meara for a Rezoning from General Commercial to Low Density Residential II on Lot 1 and 2, O'Meara Subdivision, located in the NE1/4 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Part of Lot D of Lot C, NE1/4 SW1/4, lying west of U.S. Highway 16 right-of-way; and Lot 2, Lot A, Lot C, NE1/4 SW1/4, lying 14

west of U.S. Highway 16, all located in Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4080 Tower Road was introduced. Upon a motion made by Chapman moved, second by Okrepkie and carried, Ordinance 5106 was placed upon its first reading and the title was fully and distinctly read. The Finance Officer was authorized and directed to publish notice of hearing thereon, said hearing to be held on Monday, November 7, 2005 at 7:00 P.M. The Mayor announced the meeting was open for hearing on No. 05RZ053, second reading of Ordinance No. 5102, a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on the north ¼ corner of Section 19, T2N, R8E, BHM, on the ¼ line S00º14 33 W 33.00 feet to the point of beginning; thence S00º14 33 W 260.00 feet; thence N89º33 54 W 207.54 feet; thence N00º14 33 E 260.00 feet; thence S89º33 54 E 207.54 feet to the point of beginning, Rapid City, Pennington County, South Dakota, located adjacent to the south side of Country Road and east of West Nike Road. Notice of hearing was published in the Rapid City Journal on October 8, 2005 and October 15, 2005. Ordinance 5102 having had the first reading on October 3, 2005, it was moved by Chapman, second by Olson that the title be read the second time. The following voted AYE: Schumacher, Hadley, Olson, Okrepkie, Johnson, Hadcock, Hurlbut, and Chapman; NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance 5102 the second time. CONTINUED ITEMS CONSENT CALENDAR Items 35-44 The following items were removed from the Continued Consent Calendar: 38. No. 05PL122 - A request by D.C. Scott Co. Land Surveyors for West River Electric for a Preliminary Plat on Lot AR, Tract 1, Paul Subdivision; Lot WR located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A, Tract 1, Paul Subdivision; Lot W located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at 3575 Reservoir Road 3383 Reservoir Road. 44. No. 05SV047 - A request by D.C. Scott Co. Land Surveyors for West River Electric for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot AR, Tract 1, Paul Subdivision; Lot WR located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A, Tract 1, Paul Subdivision; Lot W located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at 3383 and 3575 Reservoir Road. Johnson moved, second by Olson and carried to continue the following items as indicated. Continue the following items until November 7, 2005: 35. No. 05CA018 - A request by City of Rapid City for an Amendment to the Comprehensive Plan amending the Major Street Plan by eliminating and realigning several collector and arterial roads on Sections 23, 24, 25, 26, 34, 35 and 36 in T1N, R7E, BHM, Pennington County, South Dakota, and Sections 19, 29, 30, 31 and 32, T1N, R8E, BHM, Pennington County, South Dakota, and Sections 1, 2, 3, 11 and 12, T1S, R7E, BHM, Pennington County, South Dakota, and Sections 5, 6, 7, 8, 17 and 18, T1S, 15

R8E, BHM, Pennington County, South Dakota, located south of Minnesota Street, north of Spring Creek Road, east of US Highway 16 and west of SD Highway 79. 36. No. 05PL072 - A request by Renner and Associates for Pete Lien and Sons for a Preliminary Plat on Lien Tract and Lot AR, Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lot A, B, and C of Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., located at the old Dog Track on North Highway 79. 37. No. 05PL090 - A request by Sperlich Consulting, Inc. for Doeck, L.L.C. for a Preliminary Plat on Lots 1 through 8 and Lots 24 through 61 of Block 1, and Lots 1 through 10 of Block 2, Brookfield Subdivision, located in the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to West Nike Road. 39. No. 05PL161 - A request by Sperlich Consulting, Inc. for Kelly Construction for a Preliminary Plat on Sewer Lot 1 and Lots 2 through 8, Block 1; Lots 1 through 10, Block 2; Lots 1 through 8, Block 3; Reservoir Lot, and Well Lot 1 through Well Lot 3, and dedicated right-of-way of Sawmill Road, Sienna Meadows, and Ironwood Ridge, Sheridan Lake Highlands, all located in Sections 34 and 35, T1N, R6E, and Section 2, T1S, R6E, BHM, Pennington County, South Dakota, legally described as Tract B, Boland Placer M.S.1252, located in the SW1/4 SW1/4, Section 35; less Lot H-1 of the S1/2 SW1/4, Section 35; and the SE1/4 SE1/4, Section 34; less Lots 1 through 4, SE1/4 SE1/4; located in the SW1/4 SW1/4, Section 35, T1N, R6E, BHM, and in the SE1/4 SE1/4, Section 34, T1N, R6E, BHM, and in Government Lots 2 through 4, Section 2, T1S, R6E, BHM, Pennington County, South Dakota, located in the northwest corner of the intersection of Sawmill Road and Sheridan Lake Road. 40. No. 05PL166 - A request by Centerline for Bank West for a Preliminary Plat on Lots 1A and 1B, Block 1, Stoney Creek South Subdivision, located in the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 1, Stoney Creek South Subdivision, located in the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Catron Boulevard and Sheridan Lake Road. 41. No. 05PL167 - A request by Sperlich Consulting, Inc. for Walgar Development for a Preliminary Plat on Lots 1 through 9, Block 3, Minnesota Park Subdivision, located in the NE1/4 SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A, Robbinsdale Addition No. 10, located in the NE1/4 SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of East Minnesota Street and Maple Avenue. 42. No. 05SV027 - A request by Renner & Associates for Pete Lien and Sons for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lien Tract and Lot AR, Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., legally described as Lot A, B, 16