PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota
November 6, 2006
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Rapid City was held at the City/School Administration Center in Rapid City, South Dakota on Monday, November 6, 2006 at 7:00 P.M.
The following members were present: Mayor Jim Shaw and the following Alderpersons: Mike Schumacher, Karen Olson, Ron Kroeger, Sam Kooiker, Malcom Chapman, Tom Johnson, Lloyd LaCroix, Bill Okrepkie, Bob Hurlbut, and Deb Hadcock; and the following Alderpersons arrived during the course of the meeting: None, and the following were absent: None.
Staff members present included Finance Officer Jim Preston, City Attorney Jason Green, Growth Management Director Marcia Elkins, Public Works Director Dirk Jablonski, Police Chief Craig Tieszen, Fire Chief Gary Shepherd, and Administrative Coordinator Jackie Gerry.
ADOPTION OF AGENDA
The following items were added to the agenda:
• 2012 Program • Remove Item 100, No. LF110106-12 • Light Emitting Diode (LED) Traffic Signals; and authorize staff to advertise for bids • Authorize staff to apply for a Homeland Security Grant • Adopt a Resolution relating to travel • Executive Session • Contract
Alderman Kooiker requested that item 100 remain on the agenda for discussion. City Attorney Green indicated that a continuation motion is a procedural motion, and if there had been a tie vote at Committee the motion would have failed and would not have resulted in the item coming forward. He noted that there was a majority vote for continuance, and item 100 is not properly before the Council. Alderman Kooiker indicated concern about the resolution relating to travel not being readily available. Chapman moved, second by Olson to adopt the agenda as amended. Motion carried with Kooiker and Schumacher voting NO.
APPROVE MINUTES
Okrepkie moved, second by Hadcock and carried to approve the minutes of October 16, 2006 with a correction to No. PW101006-05 – Approve Change Order No. 1 for Van Buren Street and Water Main Reconstruction Project No. ST04-1362 / CIP NO. 50149 to R.C.S. Construction, Inc. for an increase of $5,059.43; and correct the minutes of September 18, 2006 to reflect a bid award for Prairiefire Sewer Main Project No. SS06-1594/CIP No. 50659 of $421,162.90.
GENERAL PUBLIC COMMENT
Steven Brenden, Rapid City addressed the format the City Council agenda and asked that the format be changed to allow for more public input. CITY COUNCIL NOVEMBER 6, 2006
At this time, Mayor Shaw brought forward the 2012 Program and the Civic Center expansion project indicating the bids for the Civic Center expansion project, opened last Tuesday, were $7 Million more than what was allocated through the 2012 Program. Shaw explained there has been no discussion, formally or informally, by the City Council or City staff on how to fund the added costs. He indicated that the City was assured that the bids would come in right on the amount of money available to the project. He explained that the proposed skyboxes did not result in the increase in the bid. He reported that bids for a number of similar projects, one in Deadwood and the other in Gillette, came in over-budget. With the expansion of the Civic Center, Shaw indicated interest was expressed in bring a professional hockey team to the facility. He suggested the Civic Center is a community center, hosting many events and activities and has an economic impact on the community. Shaw explained that the 2012 Program is a five-year plan based on seven years of projected revenue. He believed it appropriate to look at years past the five-year plan, beginning in 2011 to determine if there are ways to capture some of that revenue, whether by an additional bond. He explained to the audience and members of the Council that staff will recommend that bids be rejected for Phase II of the Civic Center expansion project, and request permission to rebid the project. Shaw indicated the Council should meet as its 2012 Committee to discuss the bids, review options for the project, and then make a recommendation. Shaw assured members of the audience that other 2012 projects should not be impacted by the Civic Center project. Council President Johnson also assured the audience that there has been no discussion on how to fund the increased cost of the Civic Center. Alderman Kooiker indicated he believed the concern of the people stemmed from a wall of silence from City Hall on the cost increase of the Civic Center expansion project; and that the people are responding to the real possibility that there may be a desire to find the $7 Million elsewhere. He indicated that the key point is that the City broke ground on Phase I without having the bids for the other phases of the project. He suggested that this is not how City Hall should do business, that it is wrong, and financially irresponsible. Mayor Shaw indicated that the City Council voted to construct the project in phases; and while the foundation was being constructed the design of the building would continue and be constructed in a more expedient timeframe in order to accommodate a hockey team and other events. He suggested there has been no wall of silence as the bids were open to the public and staff made a report before the Legal & Finance Committee on the following day, after the bid opening. Shaw indicated he believed the comments of Alderman Kooiker were irresponsible and hoped the general public would understand. Council President Johnson explained that the Public Works Director reported to the Legal & Finance Committee, a public meeting, about the bids.
NON-PUBLIC HEARING ITEMS – Items 1-111
Okrepkie moved, second by Hurlbut and carried to open public comment.
Michael Stanley, Dream Design International addressed item 29 (06EX070) indicating their intent to subdivide a lot into three parcels. He indicated that the developer is being required to design and make improvements to Sunset Vista Drive, and suggested they should not be required to do any improvements to an existing roadway. Stanley explained that in 1997 an exception to the Street Design Criteria Manual was granted for a portion of the road to be constructed at no more than fifteen percent; and their request for an exception to construct a portion of Sunset Vista Drive at a grade of twelve percent was recently denied. Ted Pettyjohn, Pettyjohn House Moving addressed item 54 (LF110106-35) requesting the Council approve his 2 CITY COUNCIL NOVEMBER 6, 2006 house moving license, and noted that three years ago the City revoked his house moving license for a period of one year. Bob Rothermel, enVision Design for Plum Creek Development addressed item 80 (06AN003) indicating that the petition of annexation is premature and asked the Council to delay action on the petition until the Plum Creek Development has had an opportunity to coordinate some issues with Elk Meadows Estates. Tonya Tordsen, DreamDesign International for Elks Meadows Estates addressed item 80 (06AN003) indicating that the property is on the boundaries of the City Limits. She indicated that there is adequate water capacity, and some additional capacity beyond this development. She noted that they have worked closely with the City to address the sanitary sewer capacity and also had some discussion with the Plum Creek Development. Steven Brenden, Rapid City addressed item 82 (06PL144) indicating there should be a turn around for a single access on a cul-de-sac and asked the Council to deny the request. Gary Klueth, Rapid City addressed item 82 (06PL144) indicating they have worked with staff and the Fire Department. He indicated there is a cul-de- sac at the end of the road of proper size and there are three hammerhead turn-around for emergency vehicles. Michelle Schweitzer, Dream Design International addressed item 83 (06PL148) and requested that stipulation #8 from the staff report be removed. The stipulation requires the petitioner to relocate a road or obtain right-of-way. She indicated that they currently have an existing access easement to their property, and they are not increasing density, but simply platting a lot. Steven Brenden, Rapid City addressed item 96 (06SV060) indicating that the City needs the additional ROW to allow adequate space for the City to operate in and asked the Council to deny the request. He also addressed item 108 (CC110606-02) suggesting the City should not have proceeded with the construction of the foundation without bidding the building. Doug Sperlich, Sperlich Consulting, Inc. addressed item 96 (06SV060) requesting a variance on the ROW width on a collector street. He indicated that this pertains to one-third of the length of the street. He explained that staff commented that the ROW reduces the distances from the back of the curb to the property line, limiting the use of the ROW for private utilities. He noted that the utilities are at the rear lot line. He also addressed item 97 (06SV063) explaining that they are subdividing two lots that are remnants of previously subdivided property. He indicated the property can not be sold because the property owner can not provide a warranty deed. He asked that they not be required to provide street improvements beyond gravel streets as the entire subdivision is served by gravel streets, with on-site water and sewer.
Okrepkie moved, second by Chapman and carried to close public comment.
CONSENT ITEMS – Items 1 - 85
The following items were removed from the Consent Calendar:
29. No. 06EX070 – Uphold staff’s recommendation to deny an Exception Request for Maximum Street Grade on Sunset Vista Road, Dream Design International, Inc. 35. No. LF110106-04 – Refer the Jackson Springs Water Treatment Plant Project to a water rate committee 44. Acknowledge the ADA transition plan update report. 54. No. LF110106-35 – Deny Pettyjohn house moving application. 55. No. LF092706-10 – Approve Resolution Establishing Maximum Salaries for Certain City Officers and Employees. 68. No. LF110106-26 – Authorize Mayor and Finance Officer to sign Professional Service Agreement with Baffuto Architecttura
3 CITY COUNCIL NOVEMBER 6, 2006
72. No. LF110106-30 – Authorize Mayor and Finance Officer to sign Developer’s Agreement for Tax Increment District No. 61 (Villaggio). 74. Request the City Attorney’s office prepare request for proposals regarding use of funding from the Fannie Mae revolving line of credit to provide loans for development of low- income single-family and multi-family housing and possible mixed use projects. 80. No. 06AN003 - A request by Dream Design International, Inc. for a Petition for Annexation 82. No. 06PL144 - A request by enVision Design, Inc. for a Preliminary Plat 83. No. 06PL148 - A request by Dream Design International, Inc. for a Layout Plat 85. No. 06PL162 - A request by Wyss Associates for Web Land Holdings, LLC for a Preliminary Plat
Chapman moved, second by Johnson and carried to approve the following items as they appear on the Consent Calendar.
Set for Hearing (December 4, 2006) 1. No. 06VR009 - A request by Dream Design International, Inc. for a Vacation of Right-of- Way on Lot 2, O'Meara Addition and Lot B of the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Tower Road at the intersection of Skyline Ranch Road and Tower Road.
Public Works Committee Consent Items 2. Acknowledge the report on status of maintenance needs on the Meade Drainage Channel 3. No. PW103106-01 – Approve Change Order No. 1F for Tennis Courts and Play Courts Surfacing Project No. PR06-1584 / CIP No. 50538 & 50656 to Janco Athletic Surfacing for an increase of $850.00. 4. No. PW103106-02 – Approve Change Order No. 1F for Sixth Street and Hillcrest Drive Water Main Extension Project No., W05-1521 / CIP No. 50614 to Warax Excavating, Inc. for a decrease of $2,095.70. 5. No. PW103106-03 – Authorize staff to advertise for bids for Downtown Improvements Project Phase I; Project No. ST04-1077 / CIP #50627 and to add $56,000 to the advertising authority for banner poles as an alternate to the base bid. 6. No. PW103106-04 - Authorize staff to advertise for bids for School Zone Beacons; Project No. SIG06-1617 / CIP #50638. 7. No. PW103106-05 – Authorize staff to advertise for bids for Red Rock Water Storage Reservoir; Project No. W03 –1184 / CIP #50284-1184. 8. No. PW103106-06 – Authorize staff to advertise for bids for Gasoline and Various Fuel Products for the City of Rapid City (All Departments). 9. No. PW103106-07 – Authorize staff to advertise for bids for the trolley bus purchase for downtown shuttle service and special events. 10. No. PW103106-08 – Authorize staff to advertise for bids for a transit bus purchase for fixed route transit service (Replacement). 11. No. PW103106-09 – Authorize staff to advertise for bids for a paratransit bus purchase for Dial-a-Ride service (Replacement). 12. No. PW103106-11 – Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Skyview North Subdivision. 13. No. PW103106-14 – Authorize the Mayor and Finance Officer to sign a Construction Fee Resolution for a 12-Inch Oversize Water Main for Eastridge Estates Subdivision. 4 CITY COUNCIL NOVEMBER 6, 2006
14. No. PW103106-15 – Authorize the Mayor and Finance Officer to sign a Construction Fee Resolution for a 12-Inch Oversize Sewer Main for Eastridge Estates Subdivision. 15. No. PW103106-16 – Authorize the Mayor and Finance Officer to sign a Blanket Purchase Order Agreement for Landfill Tipping Fees between the City of Rapid City and Ellsworth Air Force Base. 16. No. PW103106-17 – Authorize the Mayor and Finance Officer to sign an Agreement for Professional Services with Sperlich Consulting, Inc. for the design of 1,190 feet of sanitary sewer on Catron Boulevard for an amount not to exceed $9,915.00. 17. No. PW103106-18 – Authorize the Mayor and Finance Officer to sign the Temporary Water Service Contract for Pactola Reservoir with the United States Department of the Interior Bureau of Reclamation for the period of October 1, 2006 through September 30, 2007 for an amount of $107,000.00. 18. No. PW103106-19 – Authorize the Mayor and Finance Officer to sign Amendment No. 4 to the Professional Services Agreement with Ferber Engineering Company for final design revisions and construction phase services for the North Deadwood Avenue Sanitary Sewer Extension; Project No. SSW02-1258 for an amount not to exceed $63,200.50. 19. No. PW103106-20 – Authorize the Mayor and Finance Officer to sign Right-of-Way documents with the South Dakota Department of Transportation for Project No. IM-NH 90-2(39)61, Exit 61 at Elk Vale Road and I-90. 20. No. PW103106-21 – Authorize the Mayor and Finance Officer to sign a Right-of-Way Agreement with the South Dakota Department of Transportation for Project No. P0044 (52) 50, Highway 44 East. 21. No. PW103106-22 – Approve a Resolution Fixing Time and Place for Hearing on Assessment Roll for 9th Street to West Boulevard between Clark Street and Fairview Street Sewer Main Extension Project No. SS06-1556 for December 4, 2006.
RESOLUTION FIXING TIME AND PLACE FOR HEARING ON ASSESSMENT ROLL FOR FAIRVIEW STREET SEWER EXTENSION PROJECT NO. SS06-1556
BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows:
1. The assessment roll for Fairview Street Sewer Extension Project No. SS06-1556 was submitted to the Finance Office on the 6TH day of November, 2006. The City Council shall meet at the City/School Administration Center in Rapid City, South Dakota, on Monday, December 4, 2006 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,
5 CITY COUNCIL NOVEMBER 6, 2006
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 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
22. No. PW103106-23 – Authorize staff to apply for a Homeland Security grant for Digital 2- Way Radios. 23. No. PW103106-24 – Authorize staff to solicit Consultant Services for 2007 (Citywide) Geotechnical Investigations. 24. No. PW103106-25 – Authorize staff to solicit Consultant Services for 2007 (Citywide) Materials Testing contracts. 25. No. PW103106-26 – Authorize staff to solicit Consultant Services for 2007 (Citywide) QA/QC Testing. 26. No. PW103106-27 – Authorize staff to enter into a permanent utility easement with Wayne and Joanne Anderson, Anne Anderson and Phyllis Weaver at 7900 Morris Lane for Prairiefire Development Sanitary Sewer Main Extension Project No. SS06-1594. 27. No. PW103106-28 – Authorize lowering the percentage of work that the General Contractor must perform from 50% to 20% for the Red Rock Water Storage Reservoir; Project No. W03 – 1184 / CIP #50284-1184 by modifying paragraph 7.40 of Section 7 General Conditions of the City of Rapid City Standard Specifications for Public Works Construction 2004 Edition for the Red Rock Water Storage Reservoir project only. 28. No. 06VE024 - Approve with stipulations, a request by Dean Scott for Robin Silk to consider an application for a Vacation of a portion of a Utility Easement on Lot 9, Block 1, County Heights, located in the SW1/4 SW1/4 SE1/4, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 4741 Hamlin Court.
RESOLUTION OF VACATION OF A PORTION OF A UTILITY EASEMENT
WHEREAS it appears that a portion of a utility easement on Lot 9, Block 1, County Heights, located in the SW1/4 SW1/4 SE1/4, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 4741 Hamlin Court, is no longer needed for public purposes; and
WHEREAS the owner(s) of the above-described property desire that said portion of the utility easement be vacated and released.
NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the portion of the utility easement heretofore described, and as shown on Exhibit "A", attached hereto and incorporated herein by this reference, is not needed for a public purpose and is hereby vacated. 6 CITY COUNCIL NOVEMBER 6, 2006
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
30. No. PW103106-29 – Authorize the Mayor and Finance Officer to sign a Resolution acknowledging that the Enchanted Hills Water Association has satisfied its Obligations to the City and accepting ownership of the water system infrastructure by the City.
RESOLUTION ACKNOWLEDGING THAT THE ENCHANTED HILLS WATER ASSOCIATION HAS SATISFIED ITS OBLIGATIONS TO THE CITY AND ACCEPTING OWNERSHIP OF THE WATER SYSTEM INFRASTRUCTURE BY THE CITY.
WHEREAS, the City of Rapid City (City) and the Enchanted Hills Water Association (Enchanted Hills) entered into an agreement dated July 30, 1998; and
WHEREAS, the City agreed to upgrade the Enchanted Hills water system to bring it up to City standards; and
WHEREAS, the City agreed to loan Enchanted Hills up to $300,000 to cover the costs of this project; and
WHEREAS, the City and Enchanted Hills agreed to a method whereby Enchanted Hills could repay the loan through the assessment of surcharges and other lump sum payments; and
WHEREAS, the City agreed to accept ownership of Enchanted Hills water system once the loan was repaid; and
WHEREAS, Enchanted Hills has fully paid all monies that it owes under the agreement.
NOW THEREFORE, BE IT RESOLVED that the City acknowledges that the Enchanted Hills Water Association has paid to the City all monies that it owed under the agreement entered into on July 30, 1998. This acknowledgement is limited to the association itself and not its individual members. There are still several individual property owners served by the system that have not completely satisfied their obligations under the agreement. The City will continue to collect a surcharge on those properties until their obligation has been satisfied.
BE IT FURTHER RESOLVED that the City now formally accepts ownership and responsibility for the water system previously owned by the Enchanted Hills Water Association per the terms of the agreement.
7 CITY COUNCIL NOVEMBER 6, 2006
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
Legal & Finance Committee Consent Items 31. No. LF110106-01 – Approve appointment of George Dunham, Warren Fisk, Bob Brandt, Rich Huffman, and Steve McCarthy, to the DARB Board. Mayor Shaw said the names of one Planning Commission representative, one Economic Development Partnership representative, and one City Council liaison will be coming forward soon. 32. No. LF110106-02 – Approve appointment of Barbara Collins to the Rapid City Planning Commission. 33. No. LF110106-03 – Approve appointment of Mike Derby as Alternate to the Rapid City Planning Commission. 34. No. LF110106-37 - Approve Travel Request for staff (department directors) retreat at the Keystone K-Bar-S November 30, 2006-December 1, 2006, in an approximate amount of $1,100. 36. No. LF110106-05 – Approve $250,000 for the Jolly Lane Lift Station Upgrade Project with the creation of a hookup district to insure funding repayment with said funds coming from the .16 fund. 37. No. LF110106-06 – Acknowledge Capital Improvements Program Committee monthly update for October, 2006. 38. No. LF110106-07 – Approve 2006 Capital Plan for Streets, Drainage and MIP Projects for October, 2006. 39. No. LF110106-08 – Carry forward $6,730 from the 2006 Government Buildings, cemetery road paving and irrigation line item, to FY2007. 40. No. LF110106-09 – Approve the 2006 Sports Facility Partnership Fund grants to the Rapid City Softball Association. 41. No. LF110106-10 – Carry forward the balance of $8,830.43 in the Sports Facility Partnership Fund to FY2007. 42. Appropriate $60,000 from CIP Contingency for the Main Fire Station Exhaust Ventilation System. 43. No. LF110106-11 – Approve allocation of 2007 Subsidy Funds for Humanities Portion. 45. No. LF110106-13 – Approve Travel Request for Brian Maliske to attend Concert Industry Consortium 2007 Conference in Los Angeles, CA, February 6-8, 2007, in an approximate amount of $2,318. 46. No. LF110106-38 - Approve Travel Request for Chris DeGroote, Duane Baker, and Don Hedrick to attend Taser Instructor Training in St. Paul, MN, from November 13-14, 2006, in an approximate amount of $1,741. 47. Authorize staff to go out for bids for a Vehicle Exhaust Removal System for Fire Station 1 in an amount not to exceed $60,000 (funding to come from CIP Contingency). 48. No. LF110106-14 – Approve the Pennington County Region 1 Jurisdiction Equipment Transfer Form.
8 CITY COUNCIL NOVEMBER 6, 2006
49. No. LF110106-16 – Approve a Travel Request for Don Jarvinen, GIS Analyst, to attend the ESRI Training Writing Advanced Geoprocessing Scripts Using Python in St. Paul, MN January 28, 2007- February 1, 2007 in an approximate amount of $2,164.38. 50. No. LF110106-17 – Authorize the Growth Management Department to purchase one (1) Chevrolet Colorado Compact 4x4 Crew Cab Pickup Truck from Lamb Chevrolet, Onida, South Dakota from the State of South Dakota Contract #14994 in an amount not to exceed $19,278.00. 51. No. LF110106-18 – Authorize the Growth Management Department to Transfer/Surplus One (1) GMC S-15 Sonoma 2x4 Pickup Truck (VIN #1G1CS1942XK509945) with the recommendation that the unit first be made available for transfer to other City Departments and then be surplused if not transferred to another city department. 52. No. LF110106-19 – Authorize Mayor and Finance Officer to sign Agreement for Consulting Services with the National Trust for Historic Preservation In The United States in an amount not to exceed 17,725.00. 53. No. LF110106-20 – Approve Travel Request for Bimende Malik and Don Jarvinen, GIS Analysts, to take the Self-Guided Training Course Microsoft Visual Basic 2005: Developing Applications in the approximate amount of $2,239. 56. No. LF110106-21 – Approve Resolution to Establish Funding for City of Rapid City Healthcare Plan (COBRA).
RESOLUTION TO ESTABLISH FUNDING FOR CITY OF RAPID CITY HEALTHCARE PLAN
WHEREAS, an analysis of projected claims, stop loss coverage, and administrative fees indicates a need to adjust contribution levels within the Healthcare Plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rapid City to establish the following monthly contribution rates effective on the dates indicated for retiree and COBRA participants:
Coverage Current Rates Effective January, 2007 Total
Single 293.00 334.00
Family 894.00 1,019.00
Family (5+ members) 983.00 1,121.00
Two Party 587.00 669.00
Cobra/Retiree Medicare 259.00 295.00
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer 9 CITY COUNCIL NOVEMBER 6, 2006
(SEAL)
57. No. LF110106-22 – Approve Resolution to Establish Funding for City of Rapid City Healthcare Plan.
RESOLUTION TO ESTABLISH FUNDING FOR CITY OF RAPID CITY HEALTHCARE PLAN
WHEREAS, an analysis of projected claims, stop loss coverage, and administrative fees indicates a need to adjust contribution levels within the Healthcare Plan; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rapid City to establish the following monthly contribution rates effective on the dates indicated:
Coverage Current Rates Effective January, 2007 Total Individual Total Individual’s Share
Single 293.00 0.00 334.00 0.00
Family 894.00 300.50 1,019.00 342.50
Family (5+ members) 983.00 345.00 1,121.00 399.50
Two Party 587.00 147.00 669.00 167.50
Minor Dependent(s) 894.00 154.00 1,091.00 175.50 (For two City employees in the same Family unit)
BE IT FURTHER RESOLVED that part-time benefited employees shall be required to share a pro-rata amount of the individual and City cost, based on their budgeted percentage of full-time equivalent (FTE); however, part-time benefited employees shall be allowed to decline health plan coverage in lieu of such contributions.
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
58. No. LF110106-23 – Acknowledge the following list of volunteers for worker’s compensation purposes: Aberle, Mary Therese; Abrams, Laura; Achtien, Louise; Ackerman, Delores; Adkins, Laree; Akers, John; Albright, Chuck; Albright, Jan; Allen, Jacqueline; Allison, Mabel; Ambrose, Beverly; Amerson, Ann; Andersen, Faith; Andersen, Genevieve; Andersen, Genevieve; Anderson, A. Sue; Anderson, Carl; 10 CITY COUNCIL NOVEMBER 6, 2006
Anderson, Eathel; Anderson, Jackie; Anderson, Joyce; Anderson, Kay; Anderson, Martha; Anderson, Mary Jo; Anderson, Patricia; Andrews, Andy; Anton, Ruth; Armstrong, Mackenzie; Aroba, Marina; Asheim, Enid; Asheim, Waldemar; Ashmore, Tom; Atherton Jr, Steven; Austin, Francis; Austin, Mary; Babca, Sandra; Baehler, Marjorie; Bailie, Mabel; Baker, William W.; Bangs, Jan; Barari, Rachel; Barfoot, Vi; Barker, Diane; Barker, Jerry; Barnes, Barney; Barnes, Phyllis; Barry, Darlene; Bartscher, Dale; Batchelder, Helen; Baumann, Emm; Becker, Irma; Becket, Art; Becket, Karen; Becket, Mickey; Beer, Bonnie; Beers, Anna; Beirman, Francis; Benke, Nadine; Bennett, Lois; Benson, Harold; Benson, Wilma; Berg, Bernice; Berg, Milton; Bergman, Marilyn; Bierley, Leslie; Bingham, Edna; Blais, Marion; Blanc, Greg; Blanks, Andreya; Blazek, Betty; Bolan, Edith; Bohn, Stu; Bolger, Lilian; Bommersbach, Joan; Bommersbach, Thomas; Boone, Jon; Boone, Nila; Booth, Matt; Bourquin, Clem; Bouzek, Arlene; Bowen, Sheila; Bowles, Larry; Brady, Meta; Braunersrither, Charles; Brewer, Mitchell; Britton, Phyllis; Brown, Billie; Brown, Ida; Brown, Jerry; Brown, Preston; Brownrigg, Iris; Brunson, Darrel; Brunson, Daryl; Bryan, Charleen; Bryant, Leonard; Bryson, Janet; Buntrock, Margaret; Burnette, Patti; Burnham, Ken; Burns, Vernon; Butler, Shirley; Butler, Shirley; Cadman, Ruby; Callahan, Cory; Capeder, Kevin; Carbone, Christine; Carlin, Jim; Carrier, Mary; Carroll, Eli; Carroll, Maria; Cass, Lamont; Casteel, Jean; Cates, Norb; Ceralo, Joan Lynne; Chambers, Jeanne; Chambers, Lloyd; Chase, Edith; Chase, Kelly; Cheek, Dona; Chell, George; Chilson, Sydney; Christensen, Mary; Churchwell, Helen; Cissell, Jim; Clark, Rowena; Clifford, Carolyn; Colling, Bradly; Collins, Devorah; Collins, Jim; Collins, Laura; Colliton, Jean; Coomes, Irma; Cooper, Jim; Cotton, William; Crisp, Gertrude; Crosswhite, Alberta; Crump, Bernard; Crump, Mary; Culp, Deb; Curl, Janet; Curry, Mary Ann; Dachtler, Donna; Dafoe, Mary; Dahlke, Jon; Dallago, Frank; Dallago, Sandy; Danley, Judy; Darrow, Sharon; Davies, Terry; Davis, Norma; Dawson, Art; Dawson, Penelope; Dean, Barbara; Degnan, Mavis; Degooyer, Dean; Deisch, Delores; Deleon, Louisa; Denett, Verna; Dennis, Arnett; Depatie, Dave; Deranleau, Brittany; Deslaurier, Jeanette; Dewald, Allan; Dickey, Maris; Dirickson, Elaine; Dodson, Bea; Dodson, Lamar; Doran, Genevieve; Doriani, Paul; Doud, Gerald; Doud, Lila; Doud, Ray; Downs, Betty; Duniphan, J.P.; Durkin, Edna; Dvoracek, Ella; Eckmann, Norma; Edstrom, Connie; Edwards, Charity; Edwards, Marilyn; Effenberger, Loretta; Egan, Jim; Emery, Lydia; Engelstad, Louise; Englestad, Louise; Ensor, Maureen; Erickson, Michael; Escott, William; Estes, Douglas; Ewing-Mcguigan, Kathleen; Ewoldt, Mary; Fallbeck, Pat; Farrar, Kylie; Fauvell, Anne; Fedders, Dorothy; Felix, Bel; Fenster, Frieda; Fenster, Verle; Ferguson, Janice; Ferguson, Sue; Fiedler, Lois; Field, Helen; Field, Kenneth; Fingerhut, Bonnie; Fischer, Goldie; Fisher, Esther; Fitzgerald, Marilyn; Flanery, Emma; Floyd, Bea; Floyd, Kenneth; Folsland, Helen; Folsland, Helen; Fonck, Ginger; Fonck, Tom; Foos, Betty; Fousek, Caleb; Freimark, Lyle; Fried, Leigh; Fritzsche, Maxine; Froelich, Jan; Gabel, Sally; Galbraith, Pauline; Gardner, Walter; Garland, Connie; Garland, Ken; Gasseling, Selina; Gerdes, Joyce; Gettert, Lola; Gibbons, Ethel; Gibbs, Kathleen; Gibson, Madgeline; Gilbertson, Phyllis; Gilles, Vivian; Gillies, Elvira; Glaze, Vyonne; Gluhm, Mildred; Goheen, Jan; Goheen, Paul; Golden, Marjorie; Gomez, Beatriz; Gomez, Esther; Goodheart, Bill; Gordon, Sarah; Gortmaker, Erna; Grabokwska, Rita; Gray, Gail; Grebner, Kathryn; Grebner, Leo; Green, Marland; Green, Nate; Griffin, Arlene; Griggs, Norman; Griggs, Sally; Grimm, Robert; Gross, Frances; Grover, Vivian; Guptill, Virginia; Haden, Martha; Hagerty, Dorothy; Hall, Dorothy; Halley, Lois; Hamann, Carol; Hanna, Lois; Hansen, Annetta; Hansen, Penelope; Hansen, Ronald; Harbaugh, Delbert; Harrington, Lila; Hartman, Ken; Hatch, Laverne; Hauptman, Ella; Haveman, Mary; Hayes, Barbara; Hayes, Robert; Heimbuck, Erv; Hellekson, Dell; Hellekson, Mary; Heller, Bob; Heller, 11 CITY COUNCIL NOVEMBER 6, 2006
Phyllis; Hennies, Ann; Hepler, Verna; Herreman, Wayne; Hicks, Katy; Hickstein, Muriel; Higgins, Joel; Hill, Darlene; Hill, Donna Lea; Hill, Dorothy; Hoback, Jeanne; Hoback, Larry; Hocking, Barbara; Hoff, Esther; Hoffman, Alberta; Hogarth, Lillian; Holechek, Vivian; Hollis, Martha; Homelvig, Mary; Howe, Sister Marmion; Hutmacher, Mary; Hylland, Charles; Jackson, Clarence; Jackson, Hilda; Jacob, Gustav; Jacobs, Margaret; Jacobus, Philip; James, Andrea; James, Andrea; James, Bernadine; James, Larry; Jangula, Angie; Jansen, Betty; Jansen, Harold; Janssen, John; Janssen, Patricia; Jenniges, Helen; Jenson, Jessica; Job, Phyllis; Johnson, Delores; Johnson, Evelyn; Johnson, Gene; Johnson, Lentina; Johnson, Mary Beth; Johnson, Millie; Johnson, Phyllis; Johnson, Phyllis; Jones, June; Juhala, Susan; Jundt, Emil; Jutila, Nettie; Jutila, Vern; Kadel, Marcia; Kalmback, Addie; Kasch, Karna Ann; Keene, Wilma; Keene, Wilma; Kellar, Emily; Kelley, Ashley; Kelley, Maren; Kelly, Wanda; Kenner, Patricia; Kenner, Robert; Kern, Gigi; Kern, James; Kerner, Brenda; Kertzman, Phyllis; Kettler, Marita; Kienitz, Victor; King, Margaret; Kirkham, Les; Kirschenmann, Mildred; Klunder, Tony; Knapp, Evelyn; Knutson, Bob; Knutson, Robert; Knutson, Thelma; Kocer, Lavon; Kohler, Lydia; Kopp, Ed; Koppelman, Alice; Kruger, Zee; Kruse, Geraldine; Kuegle, Hedy; Kuehn, James; Kulbel, Dorothy; Kulbel, Kenneth; Kupitz, Fred; Kurtz, Reva; Lafrance, Andrew; Lahaie, Jason; Lambert, Marie; Lang, Marilyn; Langer, Elinor; Langley, Freda; Lantz, Donald; Lantz, Norene; Larive, Curt; Larive, Lorraine; Larsh, Dorothy; Larson, Jean; Larson, Joyce; Lassegard, Avis; Lassle, Jane; Laue, Millie; Lee, Archie; Lee, Jo; Lehman, Virginia; Leroy, Beverly; Lessin, Andrew; Lesti, Ardell; Levesque, Mallisa; Lewis, Regina; Liebig, Genevieve; Lofgren, John; Logterman, Vernona; Long, Joan; Lorang, Liz; Lukens, Lois; Lunders, Mary; Lundin, Dona; Lupgens, Gerald; Lupgens, Margaret; Lupkes, Gladys; Lutz, Ida; Lutz, William; Lux, Joann; Macdonald, Christine; Macdonald, George; Mack, Grace; Mack, James; Magda, Carolyn; Maguire, Richard; Marsh, Jane; Marshall, Rosella; Martens, Judi; Mathis, Judy; Mattis, Arlene; May, Lucille; May, Maggie; Mayes, Laree; Maynard, Sue; Mcclain, Clayton; Mccleery, Karen; Mccormick, Wanda; Mccoy, Beatrice; Mccracken, Mac; Mcelroy, Alta; Mcfarland, Georgia; Mckay, Patricia; Mclaughlin, Gail; Mcmillin, Dorothy; Mehlhaff, Judith; Meier, Doris; Meister, Polly; Melvin, Bob; Messer, Blanche; Meyer, Betty; Meyer, Joan; Micheel, Rita; Millam, Lester; Millar, Deloris; Miller, Helen; Miller, Helen; Miller, Jim; Miller, Jim B.; Miller, Rosemary; Mills, Mark; Milz, Gayle; Mitchell, Evelyn; Mitchell, Rita; Mitchell, Sandra; Mitcheltree, Donna; Montague, Marlene Joy; Moore, Elaine; Morgan, Vera; Morin, Bette; Morin, Ron; Morris, James; Morris, Lucille; Mueller, Clara; Mulz, Marilyn; Myers, Donald; Nash, Betty; Naylor, Marilyn; Neilson, Larry; Nelson, Brent; Nelson, Brent; Nelson, Dawn; Nelson, Irene; Nelson, Sam; Neu, Norman; Nielson, Gregg; Nielson, Judy; Nolan, Chris; Norwick, Barb; Norwick, Clubby; Novak, Elaine; Nygaard, John; O'connell, Georgiann; O'connell, Ronald; O'grady, Frank; Olerud, Chris; Olney, Helen; Olofson, Dorothy; Osborn, Marguerite; Osterday, Shirley; Parker, Darlene; Parks, Donna; Parr, Pat; Parsons, Geneva; Parsons, Jeanne; Parsons, Selma; Partridge, Carol; Paschke, Bev; Pavek, Andrew; Peppers, Wes; Peters, Lyle; Peterson, Orleen; Petterson, Wayne; Phoenix, James; Pich, Darlene; Pientok, Peggy; Pierce, Aleen; Pierce, Norman; Pinnow, Betty; Pinnt, Duane; Pinnt, Elaine; Pirner, Erna; Pirner, Harold; Plihal, Lillian; Poljansek, Bettie; Pompy, Everett; Poppe, Verna; Preble, Mel; Proctor, Bert; Prue, Beverly; Putnam, Harry; Quam, Mary; Quasney, Fran; Rainer, Joyce; Ramakrishnan, Aravind; Rasmussen, Frank; Rathbun, Janet; Rau, Evangeline; Ray, Joann; Reber, Josephine; Reber, Nola; Reed, Marian; Reiser, Jennifer; Rhode, Ellen; Ridenour, Chester; Rieman, Janece; Roberts, Grace; Robins, Lorraine; Robinson, Burton; Robinson, Clara; Rodenbough, Agnes; Rodocker, Ruby; Rodriguez, Susan; Roland, Millie; Roland, Ron; Rose, John; Rose, 12 CITY COUNCIL NOVEMBER 6, 2006
Lavaun; Ross, Bert; Rossknecht, Margaret; Roybal, Joe; Roybal, Mary; Rumsey, Anna; Runholt, Helen; Ruthford, Sharon; Ryan, Eldonna; Ryan, Mary (Kitty); Sagdalen, Betty Jo; Sanders, Betty; Sanders, Margery; Sanders, Mildred; Sartorius, Lavonne; Sautter, Mary; Sawchak, Leona; Schabauer, Marilyn; Schencke, Dorothy; Schleuning, Betty; Schreiber, Arlis; Schuler, Ryan; Schultz, Bernice; Schultz, Michael; Schultz, Virgil; Seaberg, Yvonne; Seitz, Carol; Self, Marjoline; Semple, Angela; Serfoss, Elveria; Sharp, Lila; Shaw, Ann; Shaw, Frank; Sheldon, Francis; Shellito, Mike; Shining, H. Streeter; Shoener, Terry; Sidel, Leota; Sievers, Nadine; Simmons, Audrey; Simmons, Wallie; Simpson, Jodi; Sisley, Marie; Skea, Phyllis; Skinner, Lavonna; Slater, Myrna; Smith, Cecelia; Smith, Deb; Smith, Jordan; Smith, Keo; Smith, Roberta; Smith, Ron D.; Smith, Ronald L.; Smith, Rosemary; Snow, Les; Sorbon, Robert; Sowards, Harriet; Speck, James; Squires, Bertha; Stambaugh, Claire; Stambaugh, Maurice; Stanfill, Stuart; Stanford, Arlene; Starbuck, Charles; Steinwandt, Norma; Steinwandt, Wilbert; Stephens, Willowdeen; Stirling, Ruth; Stoner, Larry; Stotz, Ella; Stradinger, Mavis; Stradinger, Oscar; Stratman, Fred; Straub, Barbara; Strobel, Bonnie; Sudman, Duane; Sudman, Gail; Sunding, Marcella; Sutton, Betty; Sutton, Jack; Sutton, M. Joan; Swenson, Carol; Swenson, Merle; Syverson, Lee; Talty, Dean; Talty, Donna Belle; Teizeira, Chris; Tellinghusen, Harold; Tellinghusen, Helen; Termes, Natalie; Theissen, Bert; Thiessen, Bert; Thompson, Arthur; Thompson, Donald; Thompson, Dorothy; Thompson, Jean; Tillotson, Don; Titus, Dick; Tollefson, Joyce; Torgerson, Alma; Trainer, Dan; Trask, Ann; Trask, Ann; Trautman, Lillian; Trenary, James; Tulowetzke, Marlene; Turpin, Mildene; Tusing, Stella; Van, Peggy; Vanatta, Bonnie; Vanblaricum, Clinton; Vanblaricum, Rose; Varland, Dusty; Vearrier, Beverly; Veil, Gordon; Veltman, Marjorie; Vittengal, Sr. Joan; Vittengl, Sister Joan; Vogl, Lisa; Voss, Harold; Voss, Irene; Wagner, Winnie; Wagoner, Virginia; Waldner, Lavonne; Walker, Joseph; Wallace, Virginia; Wallisch, Ruth; Walz, John; Wanhanen, Larry; Ward, Bobbie; Ward, Frankie; Ward, Lorein; Warren, Steve; Weeks, Donna; Weets, Jim; Wenzel, Deanne; Werlinger, Doris; Wermers, Robert; Wheaton, Pat; Whitney, Faye; Wickard, Harry; Wickard, Janice; Wickler, Donald; Wickstrom, Teri; Wickstrom, Terri; Wiest, Calvin; Wilcox, Ardis; Wilcox, Dean; Wilcox, Dean; Wilcox, Thessa; Wilkinson, Bruce; Willett, Leonard; Willey, Donald; Williams, Joseph; Williamson, Betty; Williamson, Terrence; Wilson, Sharon; Wiltse, Clara; Winkowitsch, Lourine; Winkowitsch, Orlin; Winter, Milo; Wipf, Luella; Wirstad, Connie; Wise, Betty; Witt, Doretta; Witte, Anthony; Wittee, Dale; Wolfe, James; Word, Norma; Word, Zack; Wortham, Shirley; Wrede, Helen; Wright, Lucy; Wurnig, Albert; Wurnig, Roberta; Wyrostek, Andrzej; Yeager, Lulu; Yellowrobe, Chauncina; Young, Ramona; Zebroski, Richard; Zunich, Robert. 59. No. LF110106-24 – Approve Resolution Declaring Property Surplus for Rapid Transit/Sanitation Division.
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:
Sanitation Division / Rapid Transit 13 CITY COUNCIL NOVEMBER 6, 2006
S/N 1B4GH44R4SX650402 Dodge, Grand Caravan Pt Comments / condition Taken out of service, unsafe to drive, vehicle has extensive under body rust and body is separating from the frame
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 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
60. No. LF110106-25 – Approve Travel Request for Keith L’Esperance to attend National Public Risk Management Annual Conference in Boston, MA, June 10-13, 2007, in an approximate amount of $2,325. 61. Authorize issuance of Treasurer's Check in an amount not to exceed $160,000, plus $3,000 closing costs for purchase of property from 9Liens. 62. Authorize issuance of Treasurer’s Check in an amount not to exceed $1,500 for purchase of property from Arns. 63. Set special meeting to approve end of year bills for Thursday, December 28, 2006, at 12:30 p.m. 64. Authorize appointment of three freeholders to set value on a 1995 Heil Trash Compactor (Packer Body) and authorize sale by sealed bid. 65. No. LF110106-39 - Request staff to try the life cycle cost analysis on the next appropriate rolling stock equipment purchase. 66. No. LF110106-36 – Authorize Mayor and Finance Officer to sign Contract with L and L Insulation for MDU Building asbestos removal. 67. Acknowledge report on the Civic Center expansion bids. 69. No. LF110106-27 – Acknowledge final report on 2006 Mosquito Control Program. 70. No. LF110106-28 – Authorize Mayor and Finance Officer to sign Agreement between City of Rapid City and Harold Arns and Elsa Arns for purchase of land. 71. No. LF110106-29 – Authorize Mayor and Finance Officer to sign Agreement Between the City of Rapid City and Zandstra Construction, Inc. and Triple Z Real Estate Development Limited Partnership for the Completion of Subdivision Improvements. 73. No. LF110106-32 – Authorize preparation of H Lot Plats and acceptance of Deeds (Selador Ranches, Inc.). 75. Request the Mayor to set up a committee consisting of 3 council members, the Mayor, the City Attorney, Barb Garcia, and someone from the Finance Office and/or the private financial industry, at the Mayor’s discretion, to bring forth recommendations to the City Council regarding use of funding from the Fannie Mae revolving line of credit to provide
14 CITY COUNCIL NOVEMBER 6, 2006
loans for development of low-income single-family and multi-family housing and possible mixed used projects. 76. No. LF101106-09A – Approve allocation of funds of Fannie Mae Grant in the amount of $10,000 as follows: $5,000 divided equally ($1,250 each) between Cornerstone Women’s Shelter, WAVI, Ohitika, and Stepping Stones to be used to provide rental deposit assistance to women and youth transitioning to permanent housing; $4,000 to Western Resources for dis-Abled Independence to perform handicap accessibility renovations; and $1,000 divided equally between Consumer Credit Counseling Services and Teton Coalition to provide financial literacy and/or homebuyer education classes. 77. No. LF110106-33 – Acknowledge request from Horace Mann Elementary School to hold bingo. 78. No. LF110106-34 – Acknowledge request from The Dahl to hold raffle. 79. Approve the following licenses: Sewer and Water Contractor: Denny Ivans - Avalon Construction; Kirk Worley - Schad Excavation; Second Hand: Jack First, Inc, Nancy E. First; Tires, Tires, Tires, Inc, Ron E Tyrell; Security Business: Ace Security, Inc, Jack A Werner; Taxi Business: Rapid Taxi, Inc, Bryan V Leui; Residential Contractor: Tony Wills, TK Builders; Larry Sharkey, Sharkey Maintenance; and Jennifer Mink, Jenco Enterprises; Sign Contractor: Morgan Wieseler, A-Plus Signs; Plumbing Apprentice: Scott Thayer; Plumbing Plumber: Jeff Minnick; Electrical Apprentice: Bret Lind, Ryan Apple, and Jeremy Emberts; Electrical Master: Dik Dahlquist, GEDKO Inc.
Growth Management Department Consent Items 81. No. 06PL114 - A request by Renner & Associates for ARC International for a Preliminary Plat on Lot 3, Barnhart Addition, formerly the residual portion of Lots B and C, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the residual portion of Lots B and C, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2990 East Highway 44. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, all necessary changes shall be made to the construction plans as identified on the redlined drawings. In addition, the redlined drawings shall be returned to the Development Service Center Division; 2. Prior to Preliminary Plat approval by the City Council, road construction plans for the access easement shall be submitted for review and approval. In particular, the road construction plans shall show the street located within a minimum 59 foot wide easement and/or right-of-way and constructed with a minimum 26 foot paved surface , curb, gutter, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 3. Prior to Preliminary Plat approval by the City Council, road construction plans showing sidewalk along the south side of S.D. Highway 44 shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained; 4. Prior to Preliminary Plat approval by the City Council, a copy of the previously recorded existing “20 foot wide private lane” and the existing previously recorded “25 foot wide private access easement” shall be submitted for review and approval. In addition, the applicant shall demonstrate that the private lane and access easement allow the existing water main or a utility easement shall be recorded; 5. Prior to Preliminary Plat approval by the City Council, an Approach Permit shall be obtained from the South Dakota Department of Transportation. In addition, the terms and conditions of approval shall be met; 6. Prior to Preliminary Plat approval by the City Council, construction plans shall be submitted for review and approval showing the street within the access easement aligning with E. St. Patrick Street 15 CITY COUNCIL NOVEMBER 6, 2006
or an Exception to the Street Design Criteria Manual shall be obtained to waive the requirement that the street(s) align and to reduce the separation between the intersecting streets from 230 feet to approximately 20 feet; 7. Prior to Preliminary Plat approval by the City Council, a cost estimate for the subdivision improvements shall be submitted for review and approval; 8. Prior to submittal of a Final Plat application, the plat document shall be revised eliminating the proposed “sign easement” from the area designated as an “access easement”. In addition, any signage located within the access easement shall be removed or surety posted to insure that it is removed in a timely manner; and, 9. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been designed and completed shall be posted and the subdivision inspection fees shall be paid.)
84. No. 06PL160 - A request by CETEC Engineering Services, Inc. for Generations, Inc. for a Layout Plat on Lots 1A, 1B, 1C, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10, 10A, 10B, 11 of Block 1; Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, of Block 2; Block 3; Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, 11A, 11B, 12A, 12B, 13A, 13B, utility Lot 1, Outlots 1 thru 3, of Block 4; Block 5; and the dedicated public right-of-way, Skyline Village Subdivision, located in the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the south 495 feet of the NE1/4 SE1/4, less Lot1, Bendert Subdivision, and the SE1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16. (APPROVE LAYOUT PLAT WITH THE FOLLOWING STIPULATIONS: 1. Upon submittal of a Preliminary Plat application, a geotechnical report including pavement design shall be submitted for review and approval. In addition, the geotechnical report shall include soils resistivity test results. If the results indicate severe potential towards corrosion of buried metal, then information shall be provided identifying that corrosion protection per Rapid City Standard Specifications is adequate protection or additional corrosion protections shall be provided as needed for buried water system metal fixtures; 2. Upon submittal of a Preliminary Plat application, a drainage plan shall be submitted for review and approval. In particular, the drainage plan shall show the design of drainage swales, ditches and storm sewers sized in compliance with the Arrowhead Drainage Basin Design Plan and the Drainage Criteria Manual. In particular, the drainage plan shall include calculations demonstrating that developed flows from the site do not exceed pre- developed flows or on-site detention shall be provided. The drainage plan shall also demonstrate how the two drainage ditches going through the property will be developed without negatively impacting future dwellings to be constructed along the ditches. In addition, the plat document shall be revised to provide drainage easements as necessary; 3. Upon submittal of a Preliminary Plat application, a utility master plan including public and private utilities shall be submitted for review and approval. In particular, the utility master plan shall provide sewer and water service to the adjacent properties as well as looped system(s) as needed; 4. Upon submittal of a Preliminary Plat application, sewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In addition, calculations shall be submitted for review and approval demonstrating adequate capacity of the downstream US Highway 16 lift station. In addition, the plat document shall also be revised to provide utility easements as needed; 5. Upon submittal of a Preliminary Plat 16 CITY COUNCIL NOVEMBER 6, 2006
application, water plans prepared by a Registered Professional Engineer showing the extension of water mains shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In addition, the water plans shall show the extension of water mains in compliance with the adopted “Planning Report for Skyline, Terracita, Southwest, Carriage Hills and future Southwest Rapid City water service zoned” prepared by CETEC Engineering Inc. In addition, the plans shall demonstrate that adequate fire and domestic flows are being provided. The plat document shall also be revised to provide utility easements as needed; 6. Upon submittal of a Preliminary Plat application, road construction plans for the section line highways located along the east lot line and the south lot line of the subject property shall be submitted for review and approval. In particular, the road construction plans shall show the streets constructed with a minimum 27 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained or the section line highway shall be vacated. The adjacent property owner(s) shall sign the petition(s) to vacate the section line highway or a Variance to the Subdivision Regulations shall be obtained to allow half a right-of-way; 7. Prior to submittal of a Preliminary Plat application, the plat document shall be revised to show Golden Eagle Drive located along the south lot line in compliance with the Major Street Plan or a Comprehensive Plan Amendment to the Major Street Plan relocating the collector street as proposed shall be obtained; 8. Upon submittal of a Preliminary Plat, road construction plans for Golden Eagle Drive shall be submitted for review and approval. In particular, the road construction plans shall show the street located in a minimum 76 foot wide right-of-way and constructed with a minimum 40 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer with on-street parking or the street shall be located in a minimum 60 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, street light conduit, water and sewer with no on-street parking or a Variance to the Subdivision Regulations shall be obtained. If on-street parking is not provided, the developer shall provide visitor parking at the rate of one paved parking stall per dwelling located within three hundred feet of the residence and the street must be posted with no parking signs or an Exception to the Street Design Criteria Manual shall be obtained. In addition, the road construction plans shall show the design of the intersections of Golden Eagle Drive with Promise Road and Vinyard Lane; 9. Upon submittal of a Preliminary Plat, road construction plans for Promise Road shall be submitted for review and approval. In particular, the road construction plans shall show the street located in a minimum 76 foot wide right-of-way and constructed with a minimum 40 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer with on-street parking or the street shall be located in a minimum 60 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, street light conduit, water and sewer with no on-street parking or a Variance to the Subdivision Regulations shall be obtained. If on-street parking is not provided, the developer shall provide visitor parking at the rate of one paved parking stall per dwelling located within three hundred feet of the residence and the street must be posted with no parking signs or an Exception to the Street Design Criteria Manual shall be obtained; 10. Upon submittal of a Preliminary Plat application, road construction plans for the cul-de-sac streets serving more than 20 lots shall be submitted for review and approval showing the street(s) located in a minimum 52 foot wide right-of-way and constructed with a minimum 27 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained. In addition, the construction plans shall identify the construction of a permanent turnaround at the end of the cul-de- 17 CITY COUNCIL NOVEMBER 6, 2006
sacs with a minimum 110 foot diameter right-of-way and a minimum 96 foot diameter paved surface or a Variance to the Subdivision Regulations shall be obtained; 11. Upon submittal of a Preliminary Plat application, road construction plans for the cul-de-sac streets serving 20 lots or less shall be submitted for review and approval showing the street(s) located in a minimum 49 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained. In addition, the construction plans shall identify the construction of a permanent turnaround at the end of the cul-de-sacs with a minimum 110 foot diameter right-of-way and a minimum 96 foot diameter paved surface or a Variance to the Subdivision Regulations shall be obtained; 12. Upon submittal of a Preliminary Plat application, road construction plans for the access easement(s) shall be submitted for review and approval. In particular, the construction plans shall show the streets located in a minimum 49 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer with on-street parking or the street shall be located in a minimum 45 foot wide right-of-way and constructed with a minimum 20 foot wide paved surface, curb, gutter, street light conduit, water and sewer with no on-street parking or a Variance to the Subdivision Regulations shall be obtained. If on-street parking is not provided, the developer shall provide visitor parking at the rate of one paved parking stall per dwelling located within three hundred feet of the residence and the street must be posted with no parking signs or an Exception to the Street Design Criteria Manual shall be obtained. In addition, a fire apparatus turnaround shall be provided at the end of each access easement in excess of 150 feet in length; 13. Upon submittal of the Preliminary Plat application, the plat document shall be revised to show access to Lots 6B and 7A of Block 4. In addition, road construction plans for the street shall be submitted for review and approval. In particular, the construction plans shall show the street located in a minimum 49 foot wide right-of-way and constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer with on-street parking or the street shall be located in a minimum 45 foot wide right-of-way and constructed with a minimum 20 foot wide paved surface, curb, gutter, street light conduit, water and sewer with no on-street parking or a Variance to the Subdivision Regulations shall be obtained. If on-street parking is not provided, the developer shall provide visitor parking at the rate of one paved parking stall per dwelling located within three hundred feet of the residence and the street must be posted with no parking signs or an Exception to the Street Design Criteria Manual shall be obtained. In addition, a fire apparatus turnaround shall be provided at the end of the street if it is in excess of 150 feet in length; 14. Prior to submittal of a Preliminary Plat application, an Exception shall be obtained to allow a cul-de-sac to serve 44 lots and 26 lots, respectively, in lieu of a maximum of 20 lots as per the Street Design Criteria Manual or the plat document shall be revised accordingly; 15. Prior to submittal of a Preliminary Plat application, an Exception shall be obtained to allow 44 dwelling units with one point of access in lieu of 40 dwelling units as per the Street Design Criteria Manual or the plat document shall be revised to provide a second point of access to the cul-de-sac street located in the eastern portion of the property; 16. Prior to submittal of a Preliminary Plat application, an Exception shall be obtained to allow a 770 foot long cul-de-sac street with no intermediate turnaround in lieu of a maximum 500 foot long cul-de-sac street with an intermediate turnaround every 600 feet as per the Street Design Criteria Manual or the plat document shall be revised accordingly; 17. Prior to submittal of a Preliminary Plat application, an Exception shall be obtained to allow a 1,280 foot long cul-de-sac street 18 CITY COUNCIL NOVEMBER 6, 2006
with an intermediate turnaround at 900 feet in lieu of a maximum 500 foot long cul-de-sac street with an intermediate turnaround every 600 feet as per the Street Design Criteria Manual or the plat document shall be revised accordingly; 18. Prior to submittal of a Preliminary Plat application, an Exception shall be obtained to allow a 840 foot long cul- de-sac street in lieu of a maximum 500 foot long cul-de-sac street as per the Street Design Criteria Manual or the plat document shall be revised accordingly; 19. Upon submittal of the Preliminary Plat application, a fire hydrant design plan showing the location of fire hydrants and water lines, including the size of the proposed water lines, shall be submitted for review and approval or a Variance to the Subdivision Regulations waiving the requirement to provide a central water system shall be obtained. In addition, the International Fire Code shall be continually met; 20. Upon submittal of a Preliminary Plat application, a cost estimate of the subdivision improvements shall be submitted for review and approval; 21. Prior to submittal of a Final Plat application, the US Highway 16 Area Future Land Use Plan shall be amended to allow the proposed development or the plat document shall be revised accordingly; 22. Prior to submittal of a Final Plat application, the applicant shall submit street names to the Emergency Services Communication Center for review and approval. In addition, the plat document shall be revised to show the approved street names; and, 23. Prior to submittal of a Final Plat application, the plat document shall be revised to show only one Lot 10 in Block 1; 24. Prior to submittal of a Final Plat application, a Wild Fire Mitigation Plan shall be submitted for review and approval and the plan shall be implemented; 25. Prior to submittal of a Final Plat application, the plat document shall be revised to show all of the proposed Lots labeled numerically. In particular, the “outlots” shall be relabeled numerically and Block 3 and Block 5 shall be relabeled Lot 1 of Block 3 and Block 5, respectively; and, 26. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid.)
END OF CONSENT CALENDAR
The Mayor presented No. 06EX070, to uphold staff’s recommendation to deny an Exception Request for Maximum Street Grade on Sunset Vista Road, Dream Design International, Inc. Growth Management Director Elkins indicated that the variance that has been requested is adjacent to Lot C, that parcel being subdivided. Elkins indicated that the applicant is not required to address any other road area, and will not be required to make improvements on an existing road. She indicated that it appears the applicant will meet the twelve percent grade on the new portion of the road that is adjacent to Lot C and does not need to have the exception. Elkins suggested the Council deny without prejudice; whereupon Hurlbut moved, second by Olson to deny without prejudice. Motion carried.
The Mayor presented No. LF110106-04, to refer the Jackson Springs Water Treatment Plant Project to a water rate committee to determine a future water rate and to look at other options, including funding sources and other sources for water, and bring back a recommendation. Johnson moved to approve. Second by LaCroix. Responding to questions for Alderman Kooiker, Public Works Director Jablonski explained that at times during the summer months, Jackson Springs supplied approximately fifty percent of the City’s need for water. Jablonski noted this source is not available at this time, which creates a redundancy to meet the City’s needs. He defined redundancy as the use of the City’s backup, which are wells, surface water, diverting water from other areas of the City, and Rapid Creek. He indicated that the City’s 19 CITY COUNCIL NOVEMBER 6, 2006 domestic needs are met, but the fire flows have been impacted; but have been adjusted and will be monitored continually. Jablonski explained that the consultant has looked at all options, including more use of Rapid Creek, drilling additional wells, and looking at other ways of treating the water. He explained that the Department of Environment and Natural Resources indicated to the City that there might be an influence of surface water on the Jackson Springs water supply; and because there is a zero tolerance when it comes to the public water supply, the conservative approach was taken to not use the water supply. He noted that this supply has not been used since February. Upon a vote being taken on the motion to approve, motion carried.
Olson moved, second by Hadcock and carried to acknowledge the ADA transition plan update report.
Johnson moved, second by LaCroix to (No. LF110106-35), deny the Pettyjohn house moving application. Responding to a question from Alderman Hadcock, Growth Management Director Elkins indicated there were various issues that led to revoking the license, and listed several incidents from moving houses without permits; leaving buildings setting on lots; buildings being run off the road and falling into ditches; hitting signs, overhanging electrical lines, and traffic signals; removing trees and shrubs; proceeding down the wrong way on a street; and delinquent in paying bills to the City. Responding to a question from Alderman Kooiker, Ted Pettyjohn defended the issues levied against him, and indicated he has not had a license for the past three years. Upon a vote being taken on the motion to deny, motion carried.
The Mayor presented No. LF092706-10, to approve a Resolution Establishing Maximum Salaries for Certain City Officers and Employees. The following resolution was introduced, read, and Johnson moved its adoption:
RESOLUTION ESTABLISHING MAXIMUM SALARIES FOR CERTAIN CITY OFFICERS AND EMPLOYEES
WHEREAS the salaries for the Non-Union positions are listed in the Resolution Establishing Maximum Salaries for Certain City Officers and Employees, and
WHEREAS the most recent Resolution establishing salaries was approved on December 5, 2005;
NOW, THEREFORE, BE IT RESOLVED by the City Council of Rapid City that the Resolution to Establish Maximum Salaries be amended as listed in the attached appendix for all regular positions within the City of Rapid City Non-Union workforce; and
BE IT FURTHER RESOLVED that the salaries be set effective January 1, 2007 through June 30, 2007 as noted on each schedule.
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
20 CITY COUNCIL NOVEMBER 6, 2006
(SEAL)
The motion for the adoption of the foregoing resolution was second by Hadcock. Alderman Kooiker noted that the compensation for elected officials has always been covered on a separate resolution, and elected officials should not be assigned a pay grade. Kooiker offered an amendment to remove the Pay Grade of 29 for the position of Mayor and continue to compensate the position in accordance with a separate resolution. Second by Schumacher. Upon a vote being taken on the amendment, motion carried. Upon a vote being taken on the motion as amended, the following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut; and Hadcock; NO: None; whereupon said resolutions were declared duly passed and adopted.
Okrepkie moved, second by Hurlbut and carried to (No. LF110106-26), authorize the Mayor and Finance Officer to sign a Professional Service Agreement with Baffuto Architecttura for the maintenance facility at the Parks Office and the Golf Course for an amount not to exceed $35,260.
Johnson moved, second by Okrepkie and carried to reconsider item 66 (LF11010636).
Chapman moved, second by Olson to (No. LF110106-36), authorize the Mayor and Finance Officer to sign a contract with L and L Insulation for the MDU building asbestos removal. Alderman Hadcock suggested that the asbestos project should be bid as a part of the overall project at the Dahl. Operations Management Engineer Johnson indicated that in the past, City building projects that included asbestos removal were done under separate contract. He indicated that this was done because of a liability issue. He suggested that if the asbestos removal was bid with the overall project, the City could pay a premium. Linda Anderson, Executive Director for the Dahl Fine Arts Center indicated that the Dahl must have an environmental review for the ADA, and the asbestos testing was a part of that review. She indicated that the contractor is scheduled to start on November 13th. In response to a question from Alderman Olson about a pending grant with HUD, Anderson indicated the grant is $248,000.
Substitute motion was made by Hadcock, second by Okrepkie to refer LF110106-36 to the November 15, 2006 Legal & Finance Committee to allow staff to meet with the Dahl to discuss the scope of the project and the probable costs. Alderman Kooiker indicated that the asbestos removal is independent of the Dahl project. Alderman LaCroix noted the bid received is lower than estimated. Responding to a question from Alderman Hurlbut, Growth Management Director Elkins indicated that the sale of property does not require the asbestos be remover, but merely disclosing that it exists. Upon a roll call vote, the substitute motion failed with the following voting AYE: Okrepkie and Hadcock; NO: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, and Hurlbut.
Upon a vote being taken on the motion to approve, the motion carried with Hadcock and Okrepkie voting NO.
Chapman moved, second by Johnson and carried to (No. LF110106-30), authorize the Mayor and Finance Officer to sign a Developer’s Agreement for Tax Increment District No. 61 (Villaggio).
21 CITY COUNCIL NOVEMBER 6, 2006
The Mayor presented a request to the City Attorney’s office to prepare Request for Proposals regarding use of funding from the Fannie Mae revolving line of credit to provide loans for development of low-income single-family and multi-family housing and possible mixed use projects. Johnson moved, second by Okrepkie to approve. Responding to a question from Alderman Hadcock, City Attorney Green indicated that a mixed use project incorporates both housing and commercial. He indicated that ultimately the Council will make a determination on whether this should be done. Hadcock indicated concern about the possible misuse of the funds. Mayor Shaw indicated his support of doing this method of trying to provide affordable housing in the City. If approved, the line of credit would be used under strict guidelines from HUF, Fannie Mae, and the City Council. Alderman Kroeger, Okrepkie, and Johnson pointed out that the City must determine the need before requesting a line of credit. Question was called by Hurlbut, second by Okrepkie. Upon a roll call vote, the following voted AYE: Kroeger, Johnson, LaCroix, Okrepkie, and Schumacher; NO: Olson, Kooiker, Chapman, Hurlbut, and Hadcock. Motion failed on a tie vote. Alderman Hadcock volunteered to serve on the committee. Upon a vote on the motion to approve, motion carried.
The Mayor presented No. 06AN003, a request by Dream Design International, Inc. for a Petition for Annexation on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of Elk Vale Road, northeast of Old Folsom Road and south of Elks Country Estates. The following resolution was introduced, read, and Kroeger moved to approve.
A RESOLUTION ANNEXING THE WITHIN DESCRIBED TERRITORY
WHEREAS, a petition has been filed with the City, that was signed by not less than three- fourths of the registered voters and by the owners of not less than three-fourths of the value of the territory sought to be annexed; and
WHEREAS, the territory that the petitioners are seeking to have annexed is contiguous to the City of Rapid City; and,
WHEREAS the City Council of the City of Rapid City deems it to be in the best interest of the City that the territory described in the petition be annexed and thereby included within the corporate limits of the City.
NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City that the following territory, containing 80.85, more or less, is hereby included within the corporate limits of the City and annexed thereto: the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
22 CITY COUNCIL NOVEMBER 6, 2006
(SEAL)
The motion for the adoption of the foregoing resolution was second by Schumacher, contingent on any payment due to the Rapid Valley Fire District being paid by the City of Rapid City. Hani Shafai, Dream Design International reminded the members that originally there was Elks Country Estates with a sewer lift station. In 2000, Plum Creek asked to be annexed without objection from Elks Country Estates. In 2003, a sewer district was established to include Plum Creek and Elk Country Estates. When the development of Elks Meadows began, it was discovered there was a capacity problem with the sewer lift station. In working with City staff a feasible capacity for the lift station was determined. Shafai noted that the City has never done an agreed allocation of services. He pointed out that there is no infinite capacity in any infrastructure in the City, be it water, sewer, drainage or streets. He also addressed the TIF to accomplish the extension of Minnesota Street, and indicated that any proposed option can not be done if the property is not within the City Limits. He explained that preliminary figures indicate the extension of Minnesota Street may cost $3 Million - $ 4 Million. Shafai asked the Council to approve the annexation. Upon a vote being taken on the motion, the following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut; and Hadcock; NO: None; whereupon said resolutions were declared duly passed and adopted.
The Mayor presented No. 06PL144, a request by enVision Design, Inc. for a Preliminary Plat on Lot 7, Block 1; and Lots 3 thru 18, Block 2, Silver Spur Estates, and dedicated Stirrup Court Right-of-Way, located in the E1/2 NE1/4, Section 36, T1N, R6E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the E1/2 NE1/4, Section 36, T1N, R6E, BHM, Pennington County, South Dakota, located at the southern terminus of Stirrup Court. Johnson moved, second by Okrepkie and carried to approve a Preliminary Plat with the following stipulations: 1. Prior to Preliminary Plat approval by the City Council, all necessary changes shall be made to the construction plans as identified on the redlined drawings. In addition, the redlined drawings shall be returned to the Development Service Center Division; 2. Prior to Preliminary Plat approval by the City Council, an Exception shall be obtained to allow a 2,400 foot long cul-de-sac street with no intermediate turnarounds or the plat document must be revised accordingly: 3. Prior to Preliminary Plat approval by the City Council, the construction plans shall be revised to show a minimum ditch depth of two feet to allow an 18 inch culvert to be installed as required. In addition, drainage calculations for the proposed storm sewer shall be submitted for review and approval. In addition, the plat document shall be revised to show drainage easements as needed; 4. Prior to Preliminary Plat approval by the City Council, a cost estimate for the subdivision improvements shall be submitted for review and approval; 5. Prior to submittal of a Final Plat application, the applicant shall submit proof of the legal entity which will provide the mechanism for maintenance of the community water facility for review and approval; 6. Prior to submittal of a Final Plat application, a Wildfire Mitigation Plan shall be implemented. In addition, the plan shall be reviewed and approved by the Pennington County Fire Coordinator and the City’s Fire Department; 7. Prior to submittal of a Final Plat application, a note shall be placed on the plat document stating that all residential structures shall be sprinklered; 8. Prior to submittal of a Final Plat application, a note shall be placed on the plat stating that soil conditions may require that a non-conventional on-site wastewater system be utilized and that the system be designed and inspected by a Professional Engineer; 9. Prior to submittal of a Final Plat application, a 40 foot wide by 40 foot wide shared approach shall be provided along the common lot line of Lots 11 and 12; 10. Prior to submittal of a Final Plat application, the plat document shall be revised to show access easement(s) for the proposed turnaround(s) or miscellaneous documents shall be recorded at the Register of Deed’s Office for the 23 CITY COUNCIL NOVEMBER 6, 2006 turnaround(s); 11. Prior to submittal of a Final Plat application, a note shall be placed on the plat stating that “Prior to obtaining a Building Permit for a residence on any of the properties, two suitable on-site wastewater system areas shall be identified with accompanying percolation tests and soil profiles. Soil profiles shall show that proper soil separation can be obtained as outlined in State Administrative Rule 74:53:01:15. Percolation tests shall meet acceptable rates as shown in State Administrative Rule 74:53:01:32. If the percolation and soil profile information do not meet these requirements, an alternative system approved by the South Dakota Department of Environment and Natural Resources may be used. As a last resort Pennington County may approve the use of holding tanks; and, 12. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been designed and completed shall be posted and the subdivision inspection fees shall be paid.
The Mayor presented No. 06PL148, a request by Dream Design International, Inc. for a Layout Plat on Tract A, Wright Subdivision, located in the N1/2 SW1/4, SE1/4 NE1/4 SW1/4 SW1/4, SE1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 SW1/4, SE1/4 NE1/4 SW1/4 SW1/4, SE1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north and west of Skyline Ranch Road. Growth Management Director Elkins indicated that the only access to the property is in an area where there is no road in the legal right-of-way. She pointed out that the physical road is not in the location, where the right-of-way is located. The access to the entire area does not comply. Johnson moved, second by Chapman to approve the Layout Plat with the following stipulations, and striking Stipulation No. 8: 1. Upon submittal of a Preliminary Plat application, a drainage and grading plan, as well as an erosion and sediment control plan, shall be submitted for review and approval. In addition, the plat document shall be revised to provide drainage easements as necessary; 2. Upon submittal of a Preliminary Plat application, water plans prepared by a Registered Professional Engineer showing the plan and profile for all water lines and the locations of hydrants and appurtenances shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In addition, the water plans shall demonstrate that adequate fire and domestic flows are being provided during peak day use conditions. The plat document shall also be revised to provide utility easements as needed; 3. Upon submittal of a Preliminary Plat application, sewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. If individual on-site wastewater systems are used, then an on-site wastewater plan prepared by a Professional Engineer demonstrating that the soils are suitable for on-site wastewater systems shall be submitted for review and approval. 4. Upon submittal of a Preliminary Plat application, the plat document shall be revised to show the access road located in a 52 foot wide right-of-way. In addition, road construction plans shall be submitted showing the street constructed with a minimum 27 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or the street shall be located in a minimum 47 foot wide right-of-way and constructed with a minimum 22 foot wide paved surface, curb, gutter, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained. If on-street parking is not provided, the developer shall provide visitor parking at the rate of one paved parking stall per dwelling located within three hundred feet of the residence and the street must be posted with no parking signs or an Exception to the Street Design Criteria Manual shall be obtained; 5. Upon submittal of a Preliminary Plat application, a geotechnical report including pavement design shall be submitted for review and approval. In addition, the geotechnical report shall include soils resistivity tests for review and approval. If results of the soils resistivity test indicate severe potential towards corrosion of buried metal 24 CITY COUNCIL NOVEMBER 6, 2006 products, then information shall be provided demonstrating that corrosion protection per Rapid City Standard Specifications is adequate protection or additional corrosion protection as needed for buried water system metal fixtures shall be provided; 6. Prior to submittal of a Preliminary Plat application, the plat document shall show the street located in right-of-way in lieu of an access easement or an Exception shall be obtained to allow an easement to serve 12 lots in lieu of four lots as per the Street Design Criteria Manual; 7. Prior to submittal of a Preliminary Plat application, a n Exception to the Street Design Criteria Manual to allow a 3,550 foot long cul-de- sac in lieu of a maximum 500 foot long cul-de-sac with no intermediate turnarounds shall be obtained or the plat document shall be revised accordingly; 9. Upon submittal of a Preliminary Plat application, recorded documentation shall be submitted for review and approval demonstrating that the existing access street extending north from Skyline Ranch Road to the subject property is located in easements and/or rights-of-way. In addition, additional easements and/or right-of-way shall be obtained if and as needed to insure legal access to the subject property; 10. Upon submittal of a Preliminary Plat application, a cost estimate of the subdivision improvements shall be submitted for review and approval; 11. Prior to submittal of a Final Plat application, a Wild Fire Mitigation Plan shall be submitted for review and approval and the plan shall be implemented; and, 12. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid. Shafai explained that the proposed plat will not increase the density. He pointed out that the road being discussed is 3.500 feet from the proposed parcel; and explained that the road has been in place for a long time. He noted that an area resident is working with a property owner to obtain an easement for the road in question. Elkins indicated that the City Attorney’s Office has received an easement, but there is an issue with some of the language. Substitute motion was made by Hadcock, second by Chapman to continue to the November 20, 2006 Council meeting to allow the issues relative to the easement to be resolved. Alderman Hurlbut spoke in opposition to continuing as this is a collective problem and not the problem of a sole individual. Elkins noted this is a layout plat approval and could be moved forward. Upon a vote being taken on the substitute motion to continue, motion failed with Chapman voting AYE: Amendment was made by Hadcock, second by Chapman to include Stipulation No. 8. Motion carried. Upon a vote being taken on the motion as amended, motion carried.
Chapman moved, second by Olson and carried to continue No. 06PL162, a request by Wyss Associates for Web Land Holdings, LLC for a Preliminary Plat on Lot 2, located in the SE1/4, formerly a portion of Lot A, located in the SE1/4 SE1/4; and a portion of the unplatted balance, all located in Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A, located in the SE1/4 SE1/4; and a portion of the unplatted balance, all located in Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of the intersection of Tower Road and South Highway 16 to the November 20, 2006 Council meeting.
At 9:34 P.M. the Chair recessed the proceedings, and reconvened the meeting at 9:49 P.M.
NON-CONSENT ITEMS – Items 86 - 111
ORDINANCES
Ordinance No. 5206 (No. 06RZ041, a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on a parcel of land located in the NE1/4 NE1/4, 25 CITY COUNCIL NOVEMBER 6, 2006
SE1/4 NE1/4, NE1/4 SE1/4, SE1/4 SE1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Tartan Court and Catron Boulevard was introduced. Olson moved, second by Hurlbut and carried that Ordinance No. 5206 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, November 20, 2006 at 7:00 P.M.
Ordinance No. 5207 (No. 06RZ043), a request by City of Rapid City for a Rezoning from No Use District to Light Industrial District on Lot B of the W1/2 SW1/4, less Lot H1; and Lot Y of Lot H2 of the SW1/4 less Lot H1 and H2, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Deadwood Avenue and Interstate 90 was introduced. Olson moved, second by Hurlbut and carried that Ordinance No. 5207 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, November 20, 2006 at 7:00 P.M.
Ordinance No. 5208 (No. 06RZ044), a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on SW1/4 NW1/4, W1/2 SW1/4, Section 23, T2N, R7E; W1/2 NW1/4 lying North of Interstate 90, Section 26, T2N, R7E; the unplatted portion of N1/2 lying north of Interstate 90, Section 27, T2N, R7E; and, all of Section 22 lying north of Interstate 90 less Lot 1 thru 3 of R & L Subdivision and less Lot 1R Revised and Lot 2R Revised of Summit Industrial Park, all located in Section 22; and less Lot B of W1/2SW1/4 less Lot H1 and Lot Y of Lot H2 of SW1/4 less Lot H1 and Less Lot H2, Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and less E1/2, SE1/4 SE1/4, SW1/4 SW1/4; SW1/4 SW1/4, SE1/4 SW1/4; W1/2 SE1/4, SW1/4 SE1/4 SW1/4; S1/2 NW1/4, SW1/4 SE1/4 SW1/4; SW1/4 NE1/4, SW1/4 SE1/4 SW1/4; All less R & L Subdivision, less a strip of land 80’ wide adjacent and parallel to SE line of Lot 3, R & L Subdivision, less a strip of land 100 ‘ wide adjacent and parallel to north boundary of I-90 and less ROW, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Deadwood Avenue and Interstate 90 was introduced. Olson moved, second by Hurlbut and carried that Ordinance No. 5208 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, November 20, 2006 at 7:00 P.M.
Ordinance No. 5209 (No. 06RZ054), a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot 1, Tract K-1, Canyon Park Estates, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5740 West Highway 44 was introduced. Olson moved, second by Hurlbut and carried that Ordinance No. 5209 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, November 20, 2006 at 7:00 P.M.
Ordinance No. 5210 (No. 06RZ056), a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the unplatted balance of the NW1/4 NE1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Catron Boulevard and east of U.S. Highway 16 was introduced. Olson moved, second by Hurlbut and carried that Ordinance No. 5210 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, November 20, 2006 at 7:00 P.M.
Ordinance No. 5211 (No. 06RZ057), a request by John Skulborstad for a Rezoning from Park Forest District to Office Commercial District on Lot 1, Vista Lake Subdivision No. 2, located in the NE1/4 SW1/4 and the N1/2 SE1/4, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4600 Jackson Boulevard was introduced. Olson moved, 26 CITY COUNCIL NOVEMBER 6, 2006 second by Hurlbut and carried that Ordinance No. 5211 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, November 20, 2006 at 7:00 P.M.
Ordinance No. 5212 (No. 06RZ059), a request by John Diedrichs and Kirk Wermager for a Rezoning from Park District to Low Density Residential District on Lot 1R of Tract B; Lot 2R2 of Tract B; Woodford Dr., a private drive and utility easement; all located in Springbrook Acres, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Golden Eagle Drive was introduced. Olson moved, second by Hurlbut and carried that Ordinance No. 5212 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, November 20, 2006 at 7:00 P.M.
Ordinance No. 5196 (No. LF101106-04), Regarding Supplemental Appropriation No. 6 for 2006 having passed first reading on October 16, 2006, Okrepkie moved, second by Hurlbut that the title be read the second time. The following voted AYE: Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: Schumacher, whereupon the Mayor declared the motion passed and Ordinance No. 5196 was declared duly passed upon its second reading.
Ordinance No. 5197 (No. 06OA005), Establishing Regulations for Shopping Center Entrance Signs by Adding Section 15.28.215 to the Rapid City Municipal Code having passed first reading on October 16, 2006, Okrepkie moved, second by Hurlbut that the title be read the second time. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: None, whereupon the Mayor declared the motion passed and Ordinance No. 5197 was declared duly passed upon its second reading.
GROWTH MANAGEMENT DEPARTMENT ITEMS
The Mayor presented No. 06PL159, a request by Sperlich Consulting, Inc. for Gordon Howie for a Layout Plat on Lots 12 and 13, Carlin Subdivision, located in the NW1/4 SE1/4, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the west 354.46 feet of the NW1/4 SE1/4, except the north 158 feet thereof, and except the north 375 feet of the south 641.34 feet thereof, and except the Bies Subdivision, Call Subdivision and Carlin Subdivision, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 2989 Carlin Street. Okrepkie moved, second by Hurlbut and carried to approve a Layout Plat with the following stipulations: 1. Prior to Preliminary Plat approval by Planning Commission, road construction plans showing the installation of curb, gutter, sidewalk, street light conduit, water, sewer and a minimum of 24 foot wide paved surface along the access easement shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained; 2. Upon submittal of the Preliminary Plat, a grading plan and geotechnical information for pavement recommendations, soil resistivity, and any corrosion protection must be submitted for review and approval; 3. Upon submittal of the Preliminary Plat, an erosion and sediment control plan for all improved areas shall be submitted for review and approval; 4. Upon submittal of the Preliminary Plat, a drainage plan addressing the design of all drainage components shall be submitted for review and approval; 5. Upon submittal of the Preliminary Plat, a water system plan prepared by a Registered Professional Engineer shall be submitted for review and approval; 6. Upon submittal of the Preliminary Plat, a water system analysis demonstrating that sufficient quantities for domestic and fire flows shall be submitted for review and approval; 7. Upon submittal of the Preliminary Plat, a sewer plan prepared by a Registered Professional Engineer showing the 27 CITY COUNCIL NOVEMBER 6, 2006 extension of sanitary sewer mains, manholes and service lines shall be submitted for review and approval; 8. Upon submittal of the Preliminary Plat, if individual on-site waste water treatment systems are proposed, submit the results of the percolation test, depth of the soil, location and capacity of all septic tanks proposed demonstrating that the soils are suitable for on-site wastewater treatment systems and the location and length of the drain field pipes for each lot shall be submitted for review and approval; 9. Prior to start of construction an Air Quality Permit shall be obtained; 10. Prior to Preliminary Plat approval by the Planning Commission, road construction plans for the cul-de-sac shall be submitted for review and approval or a Variance to the Subdivision Regulations must be obtained; 11. Upon submittal of the Preliminary Plat, a cost estimate of the subdivision improvements shall be submitted for review and approval; and, 12. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid.
Olson moved, second by Johnson for discussion purposes that No. 06SV060, a request by Sperlich Consulting, Inc. for Doeck, LLC for a Variance to the Subdivision Regulations to reduce the right-of-way width along Cobalt Drive from 68 feet to 60 feet and to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 16 thru 23, Block 1; Lots 1 thru 5, Block 3; Lots 1 thru 10, Block 4; Lots 1 thru 16, Block 5; Lots 1 thru 6, Block 6; and drainage Lot 1, Brookfield Subdivision, formerly a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Country Road and West Nike Road to allow a lot twice as long as wide be approved; and, that the Variance to the Subdivision Regulations to reduce the right-of-way width along Cobalt Drive from 68 feet to 60 feet be denied. Motion carried.
Johnson moved, second by Hadcock that No. 06SV063, a request by Sperlich Consulting, Inc. for Gordon Howie for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 12 and 13, Carlin Subdivision, located in the NW1/4 SE1/4, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the west 354.46 feet of the NW1/4 SE1/4, except the north 158 feet thereof, and except the north 375 feet of the south 641.34 feet thereof, and except the Bies Subdivision, Call Subdivision and Carlin Subdivision, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 2989 Carlin Street. be approved with all requests being granted. Motion carried.
LEGAL & FINANCE COMMITTEE ITEMS
Okrepkie moved, second by Schumacher to (No. LF110106-40), approve funding in the amount of $50,000 to the Ellsworth Air Force Base Task Force with said funds coming from the Council Contingency fund. Responding to a question from Alderman Chapman, Finance Officer Preston indicated that the 2006 Council Contingency balance is $141,938; and the appropriation for the 2007 Council Contingency is $219,887. Alderman Johnson indicated his approval of the expenditure, but not using the 2007 Council Contingency. He believed it should come from the Undesignated Fund Balance. Substitute motion was made by Johnson, second by Schumacher to allocate the funds from the 2006 Council Contingency. Preston indicated that staff recommendation is to allocate the fund fro the 2007 Council Contingency, because the City is 28 CITY COUNCIL NOVEMBER 6, 2006 currently funding the 2007 budget with ten percent of the Undesignated Cash. He also indicated that when staff is able to determine the balance at the end of 2006, that allocation could be reinstated in the 2006 contingency, if it has sufficient funds. Substitute motion carried.
Okrepkie moved, second by LaCroix to request staff to draft an amendment to the travel regulations stating that single occupancy of rooms will be reserved unless some other arrangement is requested by travelers. Responding to a question from Alderman Kooiker, Alderman Chapman indicated that the intent of the motion is to apply the policy to employees, as well as elected officials. Alderman Kooiker indicated that he believed the Police and Fire Departments have a policy on sharing rooms when traveling on behalf of the City; and suggested there needs to be consistency. Fire Chief Shepherd and Police Chief Tieszen each indicated that it is not standard policy to require employees to share rooms. A request to employees to share lodging depends on the circumstance of the travel; however, whenever possible, sharing rooms is encouraged. Travel Requests are reviewed on a case by case basis. Alderman Olson indicated that the policy as proposed allows anyone to make arrangements for single rooms when it is appropriate. Alderman Schumacher noted the appropriation to the travel line item for Council and Mayor approved earlier in the year, and suggested budgetary constraints should be an incentive to share rooms. Alderman Chapman indicated he has reviewed the City’s travel policy and compared it with other entities and finds that the policy adequately addresses travel regulations. He believed it was appropriate to have single occupancy rooms. Alderman Hadcock did not believe the citizens felt it was unreasonable for a Council member to have their own room while traveling on City business. Alderman Hurlbut indicated that a little discretion will go a long way. Johnson moved to call the question. Second by Hadcock. Upon a roll call vote, the following voted AYE: Kroeger, Johnson, LaCroix, Okrepkie, Hurlbut, Hadcock, and Olson; NO: Kooiker, Chapman, and Schumacher. Motion carried. Upon a roll call vote on the motion to approve, the following voted AYE: Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, Hadcock, Olson, and Kroeger; NO: Kooiker and Schumacher. Motion carried.
Alderman Johnson brought forward the following resolution for discussion. He reminded the members of the long discussions about travel, and accusations made by Council members about Council leadership, the Mayor and staff not being forthcoming with information. He pointed out that the accusations are false. At this time, Alderman Johnson read the Resolution into the minutes; and moved adoption of the Resolution.
RESOLUTION
WHEREAS, the Rapid City Common Council conducts its business in open meetings; and
WHEREAS, the members of the Rapid City Common Council frequently make requests for information from the Council’s leadership, the Mayor’s Office and the City’s staff; and
WHEREAS, public statements have recently been made by members of the Council to the effect that information regarding travel and other related items have not been made available and that business is being conducted in secrete.
NOWTHEREFORE BE IT RESOLVED by the Rapid City Common Council that all information sought by members of the Council has been provided as requested.
29 CITY COUNCIL NOVEMBER 6, 2006
BE IT FURTHERE RESOLVED by the Rapid City Common Council that the statements that have been made to the effect that information has been withheld or that business has been conducted in secret are considered false by the Common Council.
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
The motion for the adoption of the foregoing resolution was second by Chapman. Alderman Kooiker pointed out that the Resolution was not readily available to all Council members; and if the Resolution is passed, it is putting a lie into the public record. Kooiker noted that on July 5, 2006 Alderman Johnson led the defeat of a motion to obtain travel information; and this led to the concerns raised by himself and Alderman Schumacher and an interview with a local newspaper. He indicated that the Mayor and Council leadership knew that he and Alderman Schumacher had gone to the media complaining about being denied the information. Alderman Schumacher noted that the information was eventually provided.
Substitute motion was made by Schumacher, second by Kooiker to accept the first four statements of the Resolution. Alderman Hurlbut indicated that when requested, information has always been provided to the Council. Alderman Okrepkie spoke in opposition to the substitute motion; and indicated that when he needed and requested information it was provided. He indicated that he is conscious of open government and promotes open government. Upon a roll call vote on the substitute motion, the following voted AYE: Schumacher and Kooiker; NO: Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, Hadcock, Olson, and Kroeger. Motion failed.
Mayor Shaw clarified that he did not have anything to do with the Resolution. The Resolution was brought forward by a Council member. He indicated the City, the Mayor’s Office, the City Council, the staff make every effort to provide any information any person wishes. He pointed out that the City’s business is conducted before the public. He noted the Council passed a Resolution saying that If a request for information was going to take more than a certain amount of staff time, the request needed to come before the Council leadership and Mayor.In response to a question from Alderman Kooiker, City Attorney Green indicated he typed the Resolution on behalf of Alderman Johnson, but did not draft the Resolution. Okrepkie moved to call the question. There being no second, the Chair declared the motion died for lack of a second. Alderman Johnson indicated that it reasonable to say the Council is tired of the accusations that meetings are conducted in secret, and information is not being provided. Alderman Hurlbut moved to call the question. Second by Hadcock. Motion carried.
Upon a roll call vote on the motion to approve, the following voted AYE: Johnson, LaCroix, Okrepkie, Hurlbut, Hadcock, Olson, Kroeger, and Chapman; NO: Schumacher and Kooiker. Motion carried.
30 CITY COUNCIL NOVEMBER 6, 2006
Okrepkie moved, second by Johnson and carried to refer No. LF110106-41, approve a letter to The Dahl Fine Arts Center and Community Performing Arts Coalition to the November 15, 2006 Legal & Finance Committee meeting.
The next item for discussion is No. LF092706-12, Resolutions Adopting Code of Conduct for elected officials and for employees: The following resolutions were introduced, read, and Okrepkie moved their adoption:
RESOLUTION
WHEREAS, the City of Rapid City has previously adopted various policies and procedures pertaining to the conduct expected of elected officials; and
WHEREAS, the policies and procedures that are currently adopted address a number of specific instances; and
WHEREAS, the City of Rapid City has determined that it is in the best interest of the City and its elected officials to adopt a Code of Conduct to address expectations of elected officials generally;
NOW, THEREFORE, BE IT RESOLVED that the City of Rapid City adopts the following Code of Conduct for Elected Officials:
Rapid City Code of Conduct for Elected Officials
In order to maintain excellence in government and to facilitate the efficient provision of services to the public, the City of Rapid City adopts this Code of Conduct for Elected Officials. This Code of Conduct is in addition to all other policies of the City of Rapid City.
1) The City of Rapid City expects each elected official to demonstrate the highest standards of conduct, personal integrity, and honesty in all of their activities in order to inspire public confidence and trust in elected officials.
2) The City of Rapid City expects each elected official to undertake their duties in a fair and impartial manner, refraining at all times from discrimination or the dispensation of special privileges.
3) The City of Rapid City strives to maintain a workplace that facilitates the growth and performance of its employees. To that end, each elected official is charged with the responsibility to insure that the workplace is free from hostility or harassment in any form and that the workplace is conducive to the provision of services in an efficient and effective manner.
4) The provision of governmental service requires elected officials to interact with the public. Given the unique relationship between the government and its citizens, each elected official is expected to treat members of the public with the respect and courtesy due to citizens from public servants. However, no elected official shall be expected to endure personal hostility or abuse, regardless of the source.
Dated this 6th day of November, 2006. 31 CITY COUNCIL NOVEMBER 6, 2006
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
RESOLUTION
WHEREAS, the City of Rapid City has previously adopted various policies and procedures pertaining to employees and the conduct expected of employees; and
WHEREAS, the policies and procedures that are currently adopted address a number of specific instances; and
WHEREAS, the City of Rapid City has determined that it is in the best interest of the City and the employees to adopt a Code of Conduct to address expectations of employees generally;
NOW, THEREFORE, BE IT RESOLVED that the City of Rapid City adopts the following Code of Conduct:
Rapid City Code of Conduct for Employees
In order to maintain excellence in government and to facilitate the efficient provision of services to the public, the City of Rapid City adopts this Code of Conduct for Employees. This Code of Conduct is in addition to all other policies of the City of Rapid City.
For purposes of this Code, the term “employee” includes all:
• Employees of the City • Volunteers • Appointed officials
1) The City of Rapid City expects each employee to demonstrate the highest standards of conduct, personal integrity, and honesty in all of their activities in order to inspire public confidence and trust in City employees.
2) The City of Rapid City expects each employee to undertake their duties in a fair and impartial manner, refraining at all times from discrimination or the dispensation of special privileges.
3) The City of Rapid City strives to maintain a workplace that facilitates the growth and performance of its employees. To that end, each employee is charged with the responsibility to insure that the workplace is free from hostility or harassment in any form and that the workplace is conducive to the provision of services in an efficient and effective manner.
4) The provision of governmental service requires City employees to interact with the public. Given the unique relationship between the government and its citizens, each employee is 32 CITY COUNCIL NOVEMBER 6, 2006 expected to treat members of the public with the respect and courtesy due to citizens from public servants. However, no employee shall be expected to endure personal hostility or abuse, regardless of the source.
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
The motion for the adoption of the foregoing resolutions was second by Johnson. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, and Hurlbut; NO: Hadcock; whereupon said resolutions were declared duly passed and adopted.
PUBLIC WORKS COMMITTEE ITEMS
Olson moved, second by Okrepkie and carried to approve No. PW091206-13, a request to expand Sanitary Sewer Supplemental Fee Area established February 3, 2003, Hani Shafai for Dennis Zandstra Real Estate Holdings.
Olson moved, second by Okrepkie and carried to approve No. 06TP024, funding Agreement between South Dakota Department of Transportation and City of Rapid City for Letting and Construction of Project EM 1608(3), PCN 012f, CIP 50521 and City Sanitary Sewer & Water Project SSW-1334b - East Mall Drive from North LaCrosse Street to East North Street (Exit 60).
Olson moved, second by Okrepkie and carried to approve No. 06TP025, funding Agreement between South Dakota Department of Transportation and City of Rapid City for Letting and Construction of Project P 1648(2), PCN 0116 and City Sanitary Sewer & Water Project SSW 04- 1397 - East Anamosa Street from North LaCrosse Street east to The End of The Existing Road.
Olson moved, second by Okrepkie and carried to approve No. 06TP026, funding Agreement between South Dakota Department of Transportation and City of Rapid City for Letting and Construction of Project EM 1648(1), PCN 00ur and City Sanitary Sewer & Water Project SSW 04-1397 - East Anamosa Street from 1200 Feet East of N. La Crosse Street to E. North Street.
BIDS
The following companies submitted bids for No. CC110606-02, Fire Shelters and Training / Practice Shelters for the Rapid City Department of Fire & Emergency Services opened October 16, 2006: Cascade Fire Equipment, Dakota Fire Supply, The Mallory Co., Black Hills Fiberglass & Plastics, Clarey’s Safety Equipment, and M & T Fire & Safety, Inc. Staff reviewed the bids and recommends the bid award to Black Hills Fiberglass. Olson moved, second by Chapman and carried to approve the bid award for the Fire Shelters and Training / Practice Shelters to the lowest responsible bidder meeting specifications, Black Hills Fiberglass for the low unit prices bid for a total contract amount of $27,893.22.
33 CITY COUNCIL NOVEMBER 6, 2006
The following companies submitted bids for No. CC110606-02 - Rushmore Plaza Civic Center Multipurpose Addition – Bid Package 2, Project No. IDP06-1555 opened October 31, 2006: Gustafson Builders and Sampson Construction Co., Inc. Staff reviewed the bids and recommends the bids be rejected and the project rebid. Chapman moved, second by Hadcock and carried to reject all bids, and authorize staff to advertise for bids for the Rushmore Plaza Civic Center Multipurpose Addition – Bid Package 2, Project No. IDP 06-1555.
It was noted only one company submitted a bid for No. CC110606-02, New Cold Water Meters for Water Department opened October 31, 2006. Staff reviewed the bid and recommends the bid award to Sioux Pipe. Okrepkie moved, second by LaCroix and carried to approve the bid award for new Cold Water Meters to the only bidder, Sioux Pipe for the low unit prices bid and the option to extend the contract for 2007, 2008, and 2009.
It was noted only one company submitted a bid for No. CC110606-02, Bus Bench Advertising for Rapid Transit Division opened November 1, 2006: Lamar Advertising. Staff reviewed the bid and recommends the bid be referred to the Public Works Committee. Olson moved, second by Hadcock to refer the Bus Bench Advertising to the November 14, 2006 Public Works Committee meeting. Motion carried with Schumacher voting NO.
Public Works Director Jablonski reminded the members of previous Council action on October 16th to award the Light Emitting Diode (LED) Traffic Signals. Jablonski indicated that the successful bidder for the Light Emitting Diode (LED) Traffic Signal Inserts does not meet the specifications as they have not submitted the required laboratory certification. Hadcock moved, second by Olson to acknowledge the report on the Light Emitting Diode (LED) Traffic Signal Inserts and LED Pedestrian Signals; and authorize staff to advertise for bids for Light Emitting Diode (LED) Traffic Signal Inserts and LED Pedestrian Signals. Motion carried.
MAYOR’S ITEMS
Public Works Director Jablonski indicated there are no changes in the 2012 projects since the last report.
COUNCIL ITEMS & LIAISON REPORTS
Chapman moved, second by Okrepkie to request the Mayor’s Office to coordinate a date for the 2012 Committee to meet. Motion carried.
STAFF ITEMS
Hadcock moved, second by Okrepkie to authorize staff to apply for a Homeland Security Grant. Motion carried.
PUBLIC HEARING ITEMS – Items 112-169
Chapman moved, second by Olson and carried to open the public hearing for comments.
Michael Reynolds, Epic Media addressed items 151 (06CA018), 153 (06PD072), and 167 (06RZ037) indicating these items are not about approving a new billboard, but only implementing previous Council action that approved a LED sign. Reynolds indicated that this is 34 CITY COUNCIL NOVEMBER 6, 2006 the fourth of the four sign that were debated, public comment received and considered. He explained that these items address a technical issue that changes a Comprehensive Plan, a rezone to Light Industrial, and clarifies the issue of floodway and floodplain. He indicated that the sign is in the 500-Year Floodplain, and the Light Industrial District is a 100x100 square within the 500-Year Floodplain and not in the 100-Year Floodway. He pointed out there is no intent to construct a building on the site. He indicated that this LED sign is targeted as a benefit for nonprofit organizations to advertise. Terry Olson, Lease Manager for Lamar Advertising indicated that the State has zoning requirements for billboards on State regulated roads. He pointed out that according to staff recommendation, this request constitutes spot zoning, and the State does not recognize spot zoning. He noted that Rapid City has the toughest sign ordinance in the State. Olson urged the Council to apply the sign ordinance equally and fairly for all sign companies. He indicated that Lamar, in the past, applied for and was denied a sign permit, because the sign was in the floodplain. Olson asked the Council to deny the Epic Sign Company requests. Steven Brenden, Rapid City suggested that rezoning would allow the sign company to put something other than a sign on the property, and asked the Council to deny the request.
Ryan Mechaly, President for Big Sky Homeowners’ Association addressed item 152 (06PD065) indicating that the homeowners’ association is opposed to the amendment to the Planned Residential Development. He indicated concern about the increase in traffic and the effects on the safety of the neighborhood. Mechaly pointed out that there is only one-way in and one-way out of the area. He also pointed out the deteriorating conditions of the streets and that the streets were not constructed to the City’s standards. In order to allow the growth to continue in this area, Mechaly suggested the City needs to fix the streets. He indicated that reducing the setbacks allows for the intrusion of other properties. He suggested the Comprehensive Plan for this area should not be changed in midstream. Gabe Olson, Vice-President for Big Sky Homeowners’ Association indicated that he was under the assumption this area would be mostly residential, and pointed out the number of apartment complexes in the area. Chris Hargens, Rapid City reported that he previously came before the Council to question a rezoning request by Dream Design International to build Homestead Apartments. He indicated that they are outside the City Limits and explained that Pennington County has refused to take care of their roads. He also pointed out that in the proposed development there is no green space for parks or play areas. Patti Arbach, Rapid City indicated that this is a residential area and should remain as such. She pointed out that they were not notified that there would be a modification to the neighborhood. She suggested the value of her home would be reduced with the construction of an apartment complex that is located directly across from her home. Hani Shafai, Dream Design International indicated that this is an amendment to a Planned Residential Development that was approved October 27, 2005 with twenty units. He explained that the zoning of Medium Density Residential with a Planned Residential Development allows for fifty units, but he is only proposing twenty units. He noted they are meeting the setback requirements, except for the air conditioning units that will be located within the rear yard setback. He pointed out that the issue of the road conditions is an issue between the developer and the contractor. Other audience members addressed the conditions of the streets, questioned setback requirements, and the posting of the property.
Johnson moved, second by Okrepkie and carried to allow an additional three minutes for petitioner, Hani Shafai, Dream Design International. Shafai explained that the current plan, approve in 2005, allows twenty units with a fifteen foot front yard setback. The proposal before the Council allows twenty units with a forty-six foot front yard setback and a twenty-five foot rear yard setback; except the air conditioning units set behind the buildings may occupy five feet of 35 CITY COUNCIL NOVEMBER 6, 2006 the rear yard setback. Shafai believed the proposal exceeds the original proposal, which allows several of the driveways to be closer to the intersections. If the original proposal is to be followed, Shafai indicated that he could apply for and receive a building permit for the development under consideration. Bob Toms, Board member for Big Sky Homeowners’ Association indicated that some of the existing apartment complexes in the neighborhood have the twenty-five foot setbacks and others that have only fifteen foot setbacks. Responding to a question from the Chair, Growth Management Director Elkins indicated that there is a previous approval of a Planned Development with twenty units with a different configuration. There would be eight duplexes and one four-plex. Under the configuration, the buildings had a reduced front yard setback, but met the minimum required rear yard setback. The developer has submitted a major amendment that was submitted to the Planning Commission. The submittal changes the configuration of the twenty units, which reduces the rear yard setback to twenty feet and the front yard setback meets the required twenty-five foot. Elkins noted that the Planning Commission recommended approval with stipulations. Elkins indicated the Council must uphold the Planning Commission’s approval or overturn and deny the applicant’s request. Michelle Schweitzer, Dream Design International indicated that they would withdraw the request for a reduction in the rear yard setbacks and locate the air conditioning units in the front yard rather than the rear; which will assist in meeting the rear yard setback of twenty-five feet. Shafai indicated that if the request is denied, he could proceed with the original plan for twenty units consisting of eight duplexes and one four-plex with some minor modifications to the elevation or floor plan which will require a minor amendment; or he could allow the Planned Residential Development to expire and come back with a different plan.
Vernon Osterloo, Director of Construction for Rapid City Regional Hospital addressed item 116 (06RZ031) indicating that they will work closely with the City to comply with parking and access requirements.
Jamie Carpenter, Rapid City addressed item 169 (06RZ046) indicating concern about rezoning and the potential for a request to vacate. She noted a number of car accidents that occur near her home.
CONTINUED PUBLIC HEARINGS CONSENT ITEMS – Items 112 - 146
Schumacher moved, second by Johnson and carried to continue the items as indicated.
Continue the following items until November 20, 2006: 112. No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of Section Line Highway on that portion of the statutory Section Line Right-of-Way lying in the NE1/4, SE1/4, Section 13, T2N, R7E, and that portion of the statutory Section Line Right-of-Way, lying in Tract 5, Sletten Addition, located in the NW1/4, SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the north to east curve of West Nike Road.
113. No. 06AN004 - A request by Fisk Land Surveying & Consulting for Harley Taylor for a Petition for Annexation on a parcel of land located in the N½ SW¼ of Section 21, T1N, R7E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of the N½ SW¼ of said Section 21, said point being also known as the center of said Section 21 and said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates (as shown on the plat recorded in Plat 36 CITY COUNCIL NOVEMBER 6, 2006
Book 21 page 102) and also coincident with the northwest corner of Lot 9 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), said point being marked by a rebar with cap “LS 1019”; thence, southerly along the north- south quarter section line and along the west line of said Lot 9 of Block 3 of Wildwood Subdivision, S00º00’48”E, a distance of 170.74 feet more or less, to the southwest corner of said Lot 9 of Block 3, of Wildwood Subdivision, said point being coincident with the northwest corner of Lot 10 of Block 3 of Wildwood Subdivision, and said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing southerly along the center quarter section line and along the west line of said Lot 10 of Block 3 of Wildwood Subdivision, S00º03‘36”W, a distance of 655.65 feet more or less, to the southwest corner of said Lot 10 of Block 3 of Wildwood Subdivision, said point being coincident with a point on the northerly line of Lot 11 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 11 of Block 3 of Wildwood Subdivision, S32º53’42”W, a distance of 67.03 feet more or less, to the westerly corner of said Lot 11 of Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 12 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 17 on Page 187), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 12 of Block 3 of Wildwood Subdivision, S32º58’25”W, a distance of 65.94 feet more or less, to the northwest corner of said Lot 12 in Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 13R of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 30 on Page 34), and said point being marked by a rebar with cap “FISK LS 1771”; thence, S90º00’00”W, a distance of 704.97 feet more or less; thence, N90º00’00”W, a distance of 747.30 feet more or less; thence, N69º00’53”W, a distance of 37.22 feet more or less; thence, southwesterly and curving to the right on a curve with a radius of 492.26 feet, a delta of 02º26’04”, an arc length of 20.92 feet more or less, and a chord bearing of S25º13’48”W, and a chord distance of 20.91 feet, more or less; thence, N63º33’10”W, a distance of 100.00 feet more or less; thence, northeasterly and curving to the left on a curve with a radius of 392.26 feet, a delta of 09º44’59”, an arc length of 66.75 feet more or less, and a chord bearing of N21º34’20”E, and a chord distance of 66.67 feet, more or less; thence, S83º00’00”W, a distance of 363.67 feet more or less; thence, S04º41’43”E, a distance of 202.00 feet more or less; thence, S35º35’41”W, a distance of 163.11 feet more or less, to a point on the 1/16th section line; thence, S89º47’34”W, a distance of 331.70 feet more or less, to a point on the 1/256th section line; thence, northerly along said 1/256th section line, N00º12’26”W, a distance of 463.97 feet more or less, to a point on the east-west one-quarter section line of said Section 21, said point also being located on the south line of Lot 9 of Block 5 of Westview Estates Subdivision (as shown on the plat recorded in Plat Book 27 on Page 177); thence, easterly along said one-quarter section line and along the south line of said Lot 9 of Block 5 of Westview Estates and along the south line of Lot 1 of Block 5 of Westview Estates (as shown on the plat recorded in plat Book 27 on Page 177), N89º47’51”E, a distance of 331.81 feet, more or less, to a point on the north- south 1/16th section line, said point being marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot One (1) of Block Five (5) of Westview Estates, N89º46’54”E, a distance of 272.14 feet more or less, to a point marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 1 of Block 5 of Westview Estates and along the south line of Carriage Hills Drive right-of-way, N89º51’26”E, a distance of 270.78 feet more or 37 CITY COUNCIL NOVEMBER 6, 2006
less, to the southeast corner of the terminus of Carriage Hills Drive, said point also being coincident with the southwest corner of Lot 27 of Block 3 of Westview Estates (as shown on the plat recorded in Plat Book 27 on page 177), said point being marked by a rebar with survey cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º50’31”E, a distance of 224.99 feet, more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º48’02”E, a distance of 29.61 feet more or less, to the southeast corner of said Lot 27 of Block 3 of Westview Estates, said point also being coincident with the southwest corner of Lot 26R of Block 3 of Westview Estates (as shown on the plat recorded in plat Book 27 on page 177), said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º52’45”E, a distance of 100.03 feet more or less, to a point marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º46’22”E, a distance of 165.37 feet more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º48’13”E, a distance of 134.59 feet more or less, to the southeast corner of said Lot 26R of Block 3 of Westview Estates, said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates, and said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot R of Block 3 of Westview Estates, N89º48’06”E, a distance of 130.02 feet more or less, to the point of beginning, located at the southern terminus of Carriage Hills Drive.
114. No. 06CA028 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to amend the Major Street Plan to change an arterial street to a collector street, to eliminate a collector street and to relocate a collector street on Parcel 1 thru 15 and detention ponds, Rushmore Crossing, Sections, 29, 30, 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as DESCRIPTION No. 1: Lot BR of Lot 2 of the SE1/4 SW1/4, Section 29 in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103; DESCRIPTION No. 2: Lot C of Lot 2 of the SEl/4 SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103; DESCRIPTION No. 3: Tract C of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 11, Page 68; DESCRIPTION No. 4: that portion of the SW1/4, Section 29,T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, lying South of Lot H3 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 109 and lying South of Lot H1 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 113 and lying South of Lot H2 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 292 and lying South of Lot H4 of said SW1/4 as shown on the plat filed in Highway Plat Book 10, Page 150 (Interstate 90 right-of-way) and lying North of the Railroad right-of-way; excepting therefrom Lot A of the SE1/4 SW1/4, as shown on the plat filed in Plat Book 10, Page 122; AND excepting therefrom Tract C of said SW1/4, as shown on the plat filed in Plat Book 11, Page 68; and excepting therefrom Lot lR, Lot BR of Lot 2 and Lot C of Lot 2 of the SE1/4 SW1/4, as shown on the plat filed in Plat Book I5. Page 103; and excepting therefrom the W1/2 SW1/4 SW1/4 SW1/4 lying North of said 38 CITY COUNCIL NOVEMBER 6, 2006
Tract C; DESCRIPTION No. 5: that portion of the Nl/2 SE1/4 lying South of Lots H1 and H2 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 3, Page 288 and lying South of Lot H3 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 148 (Interstate 90 right-of-way) and theN1/2 NE1/4 SEl/4 SEl/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom Lot D of the NW1/4 SEl/4 as shown on the plat filed in Plat Book 7, Page 70; and excepting therefrom Lots E and M of the NW1/4 SEl/4 as shown on the plat filed in Plat Book 7, Page 71; and excepting therefrom Lots C and L of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 8; Page 132; and excepting therefrom Tract 1 of Flack - Hendricksen Subdivision of the NWl/4 SE1/4 as shown on the plat filed in Plat Book 16, Page 205; and excepting therefrom Lots 1 and 2 in Block 2 of Rapps Addition of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 23, Page 166; and excepting therefrom Lots 1 and 2 of Bedco Subdivision o f t h e NW1/4 SE1/4 as shown on the plat filed in Plat Book 26, Page 61; and excepting therefrom any dedicated streets, avenues or alleys lying within said plats; and excepting therefrom the Lot HI of the S1/2 Nl/2 SE1/4 as shown on the plat filed in Highwav Plat Book 10, Page 163; and excepting therefrom that portion of the SE1/4 NW1/4 SE1/4 and that portion of the SW1/4 NE1/4 SE1/4 lying south of said Lot H1 of the S1/2 N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 163; DESCRIPTION No. 6: Lot 1R, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 7: Lot 1 of the SW1/4 SE1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 8: Lot A of lot 2, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 9: A portion of the unplatted portion of the SE1/4 NW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 10: the unplatted portion of the SW1/4 NE1/4 SE1/4, Section 30, lying south of Lot H1, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 11: the unplatted portion of the SW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 12: the unplatted portion of the SE1/4 SE1/4 and excepting therefrom the N1/2 NE1/4, SE1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 13: the W1/2 SW1/4, SW1/4 SW1/4, Section 29, lying north of Tract C, T2N, R8E, BHM, Pennington County, South Dakota; and, DESCRIPTION No. 14: the Farnwood Avenue Right of Way, located in the SW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota, located south of I-90 between North LaCrosse Street and East North Street.
115. No. 06CA035 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to change the land use designation from General Agriculture to General Commercial with a Planned Commercial Development on a parcel of land located in the E1/2 SE1/4 SE1/4 SW1/4 SW1/4; SW1/4 SW1/4 SE1/4 SW1/4; W1/2 SE1/4 SW1/4 SE1/4 SW1/4; S1/2 NW1/4 SW1/4 SE1/4 SW1/4; SW1/4 NE1/4, SW1/4 SE1/4 SW1/4; all less R & L Subdivision, less a strip of land 80 foot wide adjacent and parallel to the southeast line of Lot 3, R & L Subdivison, less a strip of land 100 feet wide adjacent and parallel to north boundary of I90 and less right-of-way, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Interstate 90 and east of Harley Drive.
116. No. 06CA036 - A request by CETEC Engineering Services, Inc. for Franklin O. Simpson for an Amendment to the Comprehensive Plan to revise the Major Street Plan to relocate a minor arterial street on a parcel of land in the NW¼ SW¼, Section 26 and 39 CITY COUNCIL NOVEMBER 6, 2006
the NE¼ SE¼, Section 27, T2N, R7E, B.H.M., Rapid City, Pennington County, South Dakota being more particularly described as follows: Beginning at the Northwest corner of Tract B of Fountain View Subdivision as recorded in Book 29, Page 239, said point being monumented with an Iron rod; Thence S72º10’55”W along the Right-of-Way of Harmony Heights Lane a distance of 319.49 feet to a point; Thence along the Right-of- Way of Harmony Heights Lane through a curve to the right having a radius of 229.63 feet, a distance of 3.70 feet; Thence S00º02’56”E 469.04 feet to a point on the South line of the NE¼ SE¼, Section 27; Thence N89º41’23”E 114.61 feet along said South line to a point on the East line of the NE¼ SE¼, Section 27 monumented with an Iron rod; Thence N89º55’39”E 390.12 feet along the South line of the NW¼ SW¼, Section 26 to a point; Thence N00º01’21”W 325.13 feet to a point; Thence S89º58’39”W 122.54 feet to a point; Thence N24º44’05”E 64.04 feet to a point on the 125 foot radius non-tangent curve of said Tract B that concaves to the Northeast; Thence along said curve to a chord intersect point N41º33’15”W at a distance of 100.51 feet; Thence N17º50’42”W 113.81 feet along the west line of said Tract B to the Point of Beginning, located south of Harmony Heights Lane.
117. No. 06CA037 - A request by CETEC Engineering Services, Inc. for Generations, Inc. for an Amendment to the Comprehensive Plan by revising the U.S. Highway 16 Area Future Land Use Plan to change the land use designation from Low Density Residential District with a Planned Residential Development to Office Commercial with a Planned Unit Development on the East ½ of the South 495’ of NE¼ SE¼; and the East ½ of the SE¼ SE¼, Unplatted, less Lot 1 of the Bendert Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.
118. No. 06CA038 - A request by CETEC Engineering Services, Inc. for Generations, Inc. for an Amendment to the Comprehensive Plan by revising the U.S. Highway 16 Area Future Land Use Plan to change the land use designation from a Planned Residential Development with four dwelling units per acre to Office Commercial with a Planned Unit Development on the west 1/2 of the SE1/4 SE1/4, Section 22, Unplatted, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.
119. No. 06CA039 - A request by CETEC Engineering Services, Inc. for Generations, Inc. for an Amendment to the Comprehensive Plan to amend the Major Street Plan to relocate a collector street on the south 495 feet of the NE1/4 SE1/4, less Lot1, Bendert Subdivision, and the SE1/4 SE1/4, Section 22, Unplatted, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.
120. No. 06CA040 - A request by CETEC Engineering Services, Inc. for Generations, Inc. for an Amendment to the Comprehensive Plan by revising the U.S. Highway 16 Area Future Land Use Plan to change the land use designation from a Planned Residential Development with 1 dwelling unit per acre to Office Commercial with a Planned Unit Development on the unplatted west half of the south 495 feet of the NE1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.
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121. No. 06CA041 - A request by Sperlich Consulting, Inc. for B&T Investments for an Amendment to the Comprehensive Plan to change the land use designation from Residential to General Commercial with a Planned Commercial Development on a portion of the SE1/4 of the SE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northeasterly corner of the dedicated right-of-way of Severson Street as shown in Plat Book 29 on Page 128, and the Point of Beginning; Thence, first course: easterly, along the prolongation of the northerly boundary of Lot 3 of Corral Drive Subdivision, a distance of 470.00± feet, to a point on the westerly edge of the right-of-way of Lot H1 of the SE1/4 SE1/4 of said Section 16 (westerly edge of Sheridan Lake Road Right-of-Way); Thence, second course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 370.00± feet, to an angle point on the westerly edge of said Lot H1 of the SE1/4 of the SE1/4 of said Section 16; Thence, third course: southwesterly, along the westerly edge of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, a distance of 78.65± feet to an angle point on the westerly edge of said Lot H1 of the SE1/4 SE1/4 of said Section 16; Thence, fourth course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 84.65± feet to the southwesterly corner of the right-of- way of said Lot H1 SE1/4 SE1/4 of said Section 16, common to a point on the northerly boundary of Lot 1 of the SE1/4 SE1/4 of Section 16 (Corral Drive right-of-way); Thence, fifth course: westerly, along the northerly boundary of said Lot 1 of the SE1/4 SE1/4 of Section 16, a distance of 345.47± feet, to the southeasterly corner of the right-of-way of said Severson Street; Thence, sixth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 89.41± feet, to a point of curve along the easterly edge of the right-of-way of said Severson Street; Thence, seventh course: northerly, along the easterly edge of the right-of-way of said Severson Street, curving to the left on a curve with a radius of 326.00 feet, a delta angle of 09 21’07”, an arc length of 44.72± feet, to a point of tangency along the easterly edge of the right-of-way of said Severson Street; Thence, eighth course: northerly, along the easterly edge of the right-of- way of said Severson Street, a distance of 366.70± feet, to the northeasterly corner of the dedicated right-of-way of said Severson Street, and the Point of Beginning, located at the northwest corner of the intersection of Sheridan Lake Road and Corral Drive.
122. No. 06CA042 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the Elk Vale Neighborhood Future Land Use Plan to change the land use designation from Planned Residential Development with 1.5 dwelling units per 2 acres to Low Density Resdential on the SE1/4 of the NW 1/4 of Section 4, T1N, R8E, BHM, Pennington County, South Dakota, excepting therefrom Lot A as shown on the plat recorded in Plat Book 17 on Page 167; and Lot 3 (also known as Government Lot 3) of Section 4, T1N, R8E, BHM, Pennington County, South Dakota, excepting therefrom the north 452.58 feet of Lot 3 (also known as Government Lot 3) in the NW ¼, Section 4, T1N, R8E BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of said Lot 3, NW¼, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, said point being coincident with the northwest corner of Lot 2 (also known as Government Lot 2) and also coincident with the northwest corner of Lot H-8 (East Anamosa Street Right-of-Way) in Government Lot 2, Section 4 as shown on the plat recorded in Book 10 of Highway Plats on Page 60, said point being marked by a GLO brass cap; Thence, southerly along the one-quarter section line and along the east line of said Lot 3 and the west line of Lot H-8 and the west line of 41 CITY COUNCIL NOVEMBER 6, 2006
said Lot 2, S00º05’16”E, a distance of 452.85 feet, more or less, to a point marked by a rebar with survey cap “RW FISK 6565”; Thence, westerly, S89º50’15”W, a distance of 1324.84 feet, more or less, to a point on the west line of said Lot 3, said point being coincident with the east line of Lot 4 (also known as Government Lot 4) and said point being marked by a rebar with survey cap “RW FISK 6565”; Thence, northerly along the west line of said Lot 3 and the east line of said Lot Four 4, N00º00’48”W, a distance of 452.85 feet, more or less, to the northwest corner of said Lot 3, coincident with the northeast corner of said Lot4 and located on the north section line of said Section 4, said point being marked by a rebar with cap number “6251”; Thence, easterly along the north line of said Lot 3 and along the north section line of said Section 4, N89º50’15”E, a distance of 1324.26 feet, more or less, to the point of beginning, located at the western terminus of East Anamosa Street.
123. No. 06CA043 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation from Park Forest t o Low Density Residential with a Planned Residential Development on Lots 1 thru 6, Tract A; Lots 7 and 8, Tract B, all of Lot 1 of New Park Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Kathryn Avenue.
124. No. 06CA044 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to change the land use designation from Residential to Public on Tract H, McMahon Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Champion Drive and east of Vicki Powers Park.
125. No. 06PL028 - A request by Davis Engineering, Inc. for Bernita White for a Preliminary Plat on Lots A1 and A2 of Bar P-S Subdivision, located in the W1/2 SW1/4, formerly Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, located adjacent to the south west curve of North Airport Road.
126. No. 06PL082 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3, Seljeskog Subdivision, located in the SE1/4 NE1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land described as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4 NE1/4; NW1/4 NE1/4 NE1/4 SE1/4; NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2151 Skyline Ranch Road.
127. No. 06PL087 - A request by Centerline, Inc. for PLM Development, LLC for a Preliminary Plat on Lots 16 thru 35, Block 1; Lots 17 thru 38, Block 2; and Lots 1 thru 6 in Block 4, PLM Subdivision, formerly a parcel of land located in the NW1/4, Section 24; and the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the NW1/4, Section 24; and the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Minnesota Street and West of Fifth Street.
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128. No. 06PL090 - A request by Dream Design International for a Preliminary Plat on Lots 1 thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated Right-of-Way, Elks Meadows Subdivision, located in the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom Road.
129. No. 06PL103 - A request by CETEC Engineering, Inc. for Park Hill Development, Inc. for a Preliminary Plat on Lots 18 thru 35, Block 2; Lots 14 thru 25, Block 5; and the dedicated public right-of-way, Park Meadows Subdivision, located in the SW1/4 NE1/4, SE1/4 NE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the SW1/4 NE1/4, SE1/4 NE1/4, less the Right-of-Way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Smith Avenue.
130. No. 06PL117 - A request by Ferber Engineering Co, Inc. for FMLC, Inc. for a Preliminary Plat on Lots 1 and 2, East Mall Business Center Subdivision, formerly a parcel of land located in the NE1/4, Section 30, lying north of Rushmore Mall Drive; Lot C of Lot L2, less Lot H1 and W1/2 vacated March Avenue adjacent to Lot C; and the unplatted part of the W1/2 NE1/4, lying south of Rushmore Mall Drive and the E1/2 vacated March Avenue, all located in the NE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the NE1/4, Section 30, lying north of Rushmore Mall Drive; Lot C of Lot L2, less Lot H1 and W1/2 vacated March Avenue adjacent to Lot C; and the unplatted part of the W1/2 NE1/4, lying south of Rushmore Mall Drive and the E1/2 vacated March Avenue, all located in the NE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Mall Drive and LaCrosse Street.
131. No. 06PL123 - A request by Renner Associates for Rande Robinson for a Layout Plat on Lots 9R and 10R, formerly Lots 9 and 10, Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 9 and 10, Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1410 Centre Street.
132. No. 06PL132 - A request by CETEC Engineering for Franklin O. Simpson for a Layout Plat on Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, 11A and 11B of Block 3, Vacation of Public Access Easement, and dedicated public right-of-way of Fountain Springs Park Subdivision, located in the NW1/4 SW1/4, Section 26, and the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land in the NW¼ SW¼, Section 26 and the NE¼ SE¼, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows; Beginning at the Northwest corner of Tract B of Fountain View Subdivision as recorded in Book 29, Page 239, Said point being monumented with an Iron rod; Thence S72º10’55”W along the Right-of-Way of Harmony Heights Lane a distance of 319.49 feet to a point; Thence along the Right-of- 43 CITY COUNCIL NOVEMBER 6, 2006
Way of Harmony Heights Lane through a curve to the right having a radius of 229.63 feet, a distance of 3.70 feet; Thence S00º02’56”E 469.04 feet to a point on the South line of the NE¼ SE¼ of said Section 27; Thence N89º41’23”E 114.61 feet along said South line to a point on the East line of the NE¼ SE¼ of said Section 27 monumented with an Iron rod; Thence N89º55’39” E 390.12 feet along the South line of the NW¼ SW¼ of said Section 26 to a point; Thence N00º01’21”W 325.13 feet to a point; Thence S89º58’39”W 122.54 feet to a point; Thence N24º44’05”E 64.04 feet to a point on the 125 foot radius non-tangent curve of said Tract B that concaves to the Northeast; Thence along said curve to a chord intersect point N41º33’15”W at a distance of 100.51 feet; Thence N17º50’42”W 113.81’ along the West line of said Tract B to the Point of Beginning, located southwest of the intersection of Harmony Heights Lane and Sunny Springs Drive.
133. No. 06PL133 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary Plat on Lots 16 thru 23, Block 1; Lots 1 thru 5, Block 3; Lots 1 thru 10, Block 4; Lots 1 thru 16, Block 5; Lots 1 thru 6, Block 6; and drainage Lot 1, Brookfield Subdivision, formerly a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Three Rivers Drive.
134. No. 06PL150 - A request by D. C. Scott Surveyors, Inc. for Gary Rossow for a Preliminary Plat on Lot GR and Lot HR2, formerly Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Red Rock Canyon Road and .09 miles from Chapel Lane Way.
135. No. 06PL161 - A request by Dream Design International, Inc. for a Layout Plat on the north 389.4 feet of Tract C, located in the NW1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Sunset Vista Road and Sheridan Lake Road.
136. No. 06PL163 - A request by Wyss Associates for Web Land Holdings, LLC for a Preliminary Plat on Lot 1, located in the SE1/4, formerly a portion of the unplatted balance of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Cathedral Drive.
137. No. 06RZ038 - A request by City of Rapid City and DTH LLC for a Rezoning from Medium Density Residential to Public on Tract H, McMahon Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Champion Drive and east of Vicki Powers Park.
138. No. 06RZ039 - A request by Fisk Land Surveying & Consulting for Harley Taylor for a Rezoning from No Use District to Low Density Residential District on a parcel of land located in the N½ SW¼ of Section 21, T1N, R7E, BHM, Pennington County, South 44 CITY COUNCIL NOVEMBER 6, 2006
Dakota, more fully described as follows: Beginning at the northeast corner of the N½ SW¼ of said Section 21, said point being also known as the center of said Section 21 and said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates (as shown on the plat recorded in Plat Book 21 page 102) and also coincident with the northwest corner of Lot 9 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), said point being marked by a rebar with cap “LS 1019”; thence, southerly along the north-south quarter section line and along the west line of said Lot 9 of Block 3 of Wildwood Subdivision, S00º00’48”E, a distance of 170.74 feet more or less, to the southwest corner of said Lot 9 of Block 3, of Wildwood Subdivision, said point being coincident with the northwest corner of Lot 10 of Block 3 of Wildwood Subdivision, and said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing southerly along the center quarter section line and along the west line of said Lot 10 of Block 3 of Wildwood Subdivision, S00º03‘36”W, a distance of 655.65 feet more or less, to the southwest corner of said Lot 10 of Block 3 of Wildwood Subdivision, said point being coincident with a point on the northerly line of Lot 11 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 11 of Block 3 of Wildwood Subdivision, S32º53’42”W, a distance of 67.03 feet more or less, to the westerly corner of said Lot 11 of Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 12 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 17 on Page 187), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 12 of Block 3 of Wildwood Subdivision, S32º58’25”W, a distance of 65.94 feet more or less, to the northwest corner of said Lot 12 in Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 13R of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 30 on Page 34), and said point being marked by a rebar with cap “FISK LS 1771”; thence, S90º00’00”W, a distance of 704.97 feet more or less; thence, North, a distance of 747.30 feet more or less; thence, N69º00’53”W, a distance of 37.22 feet more or less; thence, southwesterly and curving to the right on a curve with a radius of 492.26 feet, a delta of 02º26’04”, an arc length of 20.92 feet more or less, and a chord bearing of S25º13’48”W, and a chord distance of 20.91 feet, more or less; thence, N63º33’10”W, a distance of 100.00 feet more or less; thence, northeasterly and curving to the left on a curve with a radius of 392.26 feet, a delta of 09º44’59”, an arc length of 66.75 feet more or less, and a chord bearing of N21º34’20”E, and a chord distance of 66.67 feet, more or less; thence, S83º00’00”W, a distance of 363.67 feet more or less; thence, S04º41’43”E, a distance of 202.00 feet more or less; thence, S35º35’41”W, a distance of 163.11 feet more or less, to a point on the 1/16th section line; thence, S89º47’34”W, a distance of 331.70 feet more or less, to a point on the 1/256th section line; thence, northerly along said 1/256th section line, N00º12’26”W, a distance of 463.97 feet more or less, to a point on the east-west one-quarter section line of said Section 21, said point also being located on the south line of Lot 9 of Block 5 of Westview Estates Subdivision (as shown on the plat recorded in Plat Book 27 on Page 177); thence, easterly along said one-quarter section line and along the south line of said Lot 9 of Block 5 of Westview Estates and along the south line of Lot 1 of Block 5 of Westview Estates (as shown on the plat recorded in plat Book 27 on Page 177), N89º47’51”E, a distance of 331.81 feet, more or less, to a point on the north-south 1/16th section line, said point being marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot One (1) of Block Five (5) of Westview Estates, 45 CITY COUNCIL NOVEMBER 6, 2006
N89º46’54”E, a distance of 272.14 feet more or less, to a point marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 1 of Block 5 of Westview Estates and along the south line of Carriage Hills Drive right-of-way, N89º51’26”E, a distance of 270.78 feet more or less, to the southeast corner of the terminus of Carriage Hills Drive, said point also being coincident with the southwest corner of Lot 27 of Block 3 of Westview Estates (as shown on the plat recorded in Plat Book 27 on page 177), said point being marked by a rebar with survey cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º50’31”E, a distance of 224.99 feet, more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º48’02”E, a distance of 29.61 feet more or less, to the southeast corner of said Lot 27 of Block 3 of Westview Estates, said point also being coincident with the southwest corner of Lot 26R of Block 3 of Westview Estates (as shown on the plat recorded in plat Book 27 on page 177), said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º52’45”E, a distance of 100.03 feet more or less, to a point marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º46’22”E, a distance of 165.37 feet more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º48’13”E, a distance of 134.59 feet more or less, to the southeast corner of said Lot 26R of Block 3 of Westview Estates, said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates, and said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot R of Block 3 of Westview Estates, N89º48’06”E, a distance of 130.02 feet more or less, to the point of beginning, located at the southern terminus of Carriage Hills Drive.
139. No. 06RZ040 - A request by Sperlich Consulting, Inc. for B&T Investments for a Rezoning from Medium Density Residential District to General Commercial District on a portion of the SE1/4 of the SE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northeasterly corner of the dedicated right-of-way of Severson Street as shown in Plat Book 29 on Page 128, and the Point of Beginning; Thence, first course: easterly, along the prolongation of the northerly boundary of Lot 3 of Corral Drive Subdivision, a distance of 470.00± feet, to a point on the westerly edge of the right-of-way of Lot H1 of the SE1/4 SE1/4 of said Section 16 (westerly edge of Sheridan Lake Road Right-of-Way); Thence, second course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 370.00± feet, to an angle point on the westerly edge of said Lot H1 of the SE1/4 of the SE1/4 of said Section 16; Thence, third course: southwesterly, along the westerly edge of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, a distance of 78.65± feet to an angle point on the westerly edge of said Lot H1 of the SE1/4 SE1/4 of said Section 16; Thence, fourth course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 84.65± feet to the southwesterly corner of the right-of- way of said Lot H1 SE1/4 SE1/4 of said Section 16, common to a point on the northerly boundary of Lot 1 of the SE1/4 SE1/4 of Section 16 (Corral Drive right-of-way); Thence, 46 CITY COUNCIL NOVEMBER 6, 2006
fifth course: westerly, along the northerly boundary of said Lot 1 of the SE1/4 SE1/4 of Section 16, a distance of 345.47± feet, to the southeasterly corner of the right-of-way of said Severson Street; Thence, sixth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 89.41± feet, to a point of curve along the easterly edge of the right-of-way of said Severson Street; Thence, seventh course: northerly, along the easterly edge of the right-of-way of said Severson Street, curving to the left on a curve with a radius of 326.00 feet, a delta angle of 09 21’07”, an arc length of 44.72± feet, to a point of tangency along the easterly edge of the right-of-way of said Severson Street; Thence, eighth course: northerly, along the easterly edge of the right-of- way of said Severson Street, a distance of 366.70± feet, to the northeasterly corner of the dedicated right-of-way of said Severson Street, and the Point of Beginning, located at the northwest corner of the intersection of Sheridan Lake Road and Corral Drive.
140. No. 06RZ042 - A request by City of Rapid City for a Rezoning from No Use District to General Commercial District on a parcel of land located in the E1/2 SE1/4 SE1/4 SW1/4 SW1/4; SW1/4 SW1/4 SE1/4 SW1/4; W1/2 SE1/4 SW1/4 SE1/4 SW1/4; S1/2 NW1/4, SW1/4 SE1/4 SW1/4; SW1/4 NE1/4, SW1/4 SE1/4 SW1/4; all less R & L Subdivision, less a strip of land 80 foot wide adjacent and parallel to the southeast line of Lot 3, R & L Subdivison, less a strip of land 100 feet wide adjacent and parallel to north boundary of I90 and less right-of-way, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Interstate 90 and east of Harley Drive.
141. No. 06RZ053 - A request by Dream Design International, Inc. for a Rezoning from Public District to Low Density Residential District on Lots 1 thru 6, Tract A, Lots 7 and 8, Tract B, all of Lot 1 of New Park Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and South of Kathryn Avenue.
142. No. 06RZ055 - A request by CETEC Engineering Services, Inc. for Generations, Inc. for a Rezoning from General Agriculture District to Office Commercial District on the south 495 feet of the NE1/4 SE1/4, less Lot 1 of Bendert Subdivision; and the SE1/4 SE1/4 of Section 22, Unplatted, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.
143. No. 06SV012 - A request by Sperlich Consulting, Inc. for Sharon Norman for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Old Folsom Road, the Section Line Highway(s), the collector street and Norman Ranch Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 4A, 4B and 5R of Judicial Lot 4; and Lots 6 thru 17, Norman Ranch Subdivision, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 4 and 5 of Judicial Lot 4 of Norman Ranch Subdivision; the N1/2 SW1/4; the NW1/4 SE1/4 lying southwest of Old Folsom Road less the south 99 feet of NW1/4 SE1/4; the N1/2 N1/2 SE1/4 SW1/4; the W1/2 SW1/4 SW1/4; the N1/2 NE1/4 SW1/4 SW1/4; the west 220 feet of the S1/2 NE1/4 SW1/4 SW1/4; and the west 220 feet of SE1/4 SW1/4 SW1/4; all located in Section 28, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Highway 79 and Old Folsom Road. 47 CITY COUNCIL NOVEMBER 6, 2006
144. No. 06SV030 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Fairmont Boulevard and to waive the requirement to install curb, gutter, sidewalk, street light conduit and to reduce right-of-way width from 52 feet to 49 feet and to reduce pavement width from 27 feet to 24 feet along Pevans Parkway as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 5, Skyline Pines East, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 SE1/4, less Walpole Heights Subdivision, and less right-of- way, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Mount Rushmore Road and Tower Road.
145. No. 06SV059 - A request by D. C. Scott Surveyors, Inc. for Gary Rossow for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional public right-of-way, and to waive the requirement to install curb gutter, sidewalk, street light conduit, sewer, water, additional pavement and to waive the requirement to dedicate planting screen easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot GR and Lot HR2, formerly Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Red Rock Canyon Road and .09 miles from Chapel Lane Way.
146. No. 06SV065 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and pavement as per Chapter 16.16 of the Rapid City Municipal Code on the north 389.4 feet of Tract C, located in the NW1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Sunset Vista Road and Sheridan Lake Road.
END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS
Okrepkie moved, second by Chapman and carried to close the public hearing.
PUBLIC HEARING CONSENT ITEMS – Items 147 - 149
Okrepkie moved, second by LaCroix and carried that Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled November 14, 2006 at Children’s Care Rehabilitation & Development Center, 7110 Jordan Drive be approved; that United Downtown Association, for a special Beer License for an event scheduled June 29 & 30, 2007 on Sixth Street between Main and Rapid Streets be continued to the November 20, 2006 Council meeting; and to adopt the following (No. LF101106-02) Resolution Levying Assessment for Cleanup of Miscellaneous Properties:
RESOLUTION LEVYING ASSESSMENT FOR CLEANUP OF MISCELLANEOUS PROPERTIES
48 CITY COUNCIL NOVEMBER 6, 2006
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 property clean- up is the amount stated in the proposed assessment roll.
2. The assessment roll for Miscellaneous Property Cleanup is hereby approved and assessments thereby specified are levied against each and every lot, piece or parcel of land thereby described.
3. Such assessments, unless paid within thirty (30) days after the filing of the assessment roll in the Office of the Finance Officer shall be collected by the City Finance Office in accordance with the procedure in Section 9-43-43 to 9-43-53 of the South Dakota Compiled Laws of 1967, as amended, and shall be payable in one annual installment bearing interest at the rate not to exceed nine percent (9%).
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
PUBLIC HEARING NON-CONSENT ITEMS – Items 150 – 169
The Mayor presented No. 06CA018, a request by Dream Design International for an Amendment to the Comprehensive Plan to change the land use designation from General Agriculture to Low Density Residential with a Planned Residential Development on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of Elk Vale Road, northeast of Old Folsom Road and south of Elks Country Estates. The following resolution was introduced, read and Olson moved its adoption:
RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY
WHEREAS the Rapid City Planning Commission has reviewed the proposed amendment to the Comprehensive Plan and made a recommendation to the Rapid City Council; and
WHEREAS the Rapid City Council held a public hearing on the 6th day of November, 2006 at which they considered the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan; and
WHEREAS the proposed Amendment to the Comprehensive Plan would revise the land use designation from General Agriculture to Low Density Residential with a Planned Residential Development, would revise the Future Land Use Plan on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota; and
49 CITY COUNCIL NOVEMBER 6, 2006
WHEREAS it appears that good cause exists to amend the Comprehensive Plan.
NOW THEREFORE, BE IT RESOLVED by the City of Rapid City, that the Comprehensive Plan of the City of Rapid City be amended by changing the land use designation from General Agriculture to Low Density Residential with a Planned Residential Development on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota as attached to the original hereof and that such amendment be filed with the City Finance Office.
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
The motion for the adoption of the foregoing resolution was second by Schumacher. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: None; whereupon said resolution was declared duly passed and adopted.
The Mayor presented No. 06CA032, a request by Brendan Casey for Epic Media for an Amendment to the Comprehensive Plan to change the land use designation from Floodway to Light Industrial with a Planned Light Industrial Development on DM&E Right- of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Omaha and Third Street. Olson moved to deny. The Chair ruled the motion for denial, dies for lack of a second. The following resolution was introduced, read, and Hadcock moved its adoption:
RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY
WHEREAS, the Rapid City Planning Commission has reviewed the proposed amendment to the Comprehensive Plan and made a recommendation to the Rapid City Council; and
WHEREAS, the Rapid City Council held a public hearing on the 6th day of November, 2006 at which they considered the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan; and
WHEREAS, the proposed Amendment to the Comprehensive Plan would revise the Future Land Use Plan to change the land use designation from Floodway to Light Industrial with a Planned Light Industrial Development, on DM&E Right-of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and
WHEREAS, it appears that good cause exists to amend the Comprehensive Plan.
50 CITY COUNCIL NOVEMBER 6, 2006
NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the Comprehensive Plan of the City of Rapid City be amended to change the land use designation from Floodway to Light Industrial with a Planned Light Industrial Development on DM&E Right-of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota as attached to the original hereof and that such amendment be filed with the City Finance Office.
Dated this 6th day of November, 2006.
CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer
(SEAL)
The motion for the adoption of the foregoing resolution was second by Okrepkie. Growth Management Director Elkins indicated that the applicant requested the boundaries be reduced and proposed a 100x100 parcel of property. Alderman Olson pointed out that this is DM&E right- of-way; and that the Omaha Street Master Plan is pertinent in the request; and rezoning this small piece of property is considered spot zoning in what is essentially a City-owned park/greenway. Alderman Hadcock indicated that no building could be constructed on the property because it would not meet setbacks or the requirements of the floodway. Hadcock suggested the sign would make a different for nonprofit organizations. Alderman Hurlbut suggested the location of the sign is an improvement. Responding to a question from Alderman Chapman, Elkins indicated the property is located in the Flood Hazard Zoning District; and as such, under State statute the applicant will not be allowed to obtain an off-premise advertising sign permit for this location. City Attorney Green carlified that the Council’s prior action dealt with the public purpose exception that was contained within the sign code, it did not apply to zoning questions that are currently before the Council. Upon a vote being taken on the motion to approve, the following voted AYE: Schumacher, Kroeger, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: Olson; whereupon said resolution was declared duly passed and adopted.
The Mayor presented No. 06PD065, an appeal of the Planning Commission’s decision on a request by Dream Design International, Inc. for a Major Amendment to a Planned Residential Development on Tract J, Big Sky Subdivision, located in the SE1/4 NW1/4, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located north of Homestead Street between Degeest Drive and Missoula Street. Olson moved, second by Kroeger to approve with stipulations. Alderman Hadcock reminded the members of the concerns of the neighborhood and indicated these concerns must be addressed before allowing more development to compound the problems. Growth Management Director Elkins indicated that the concerns about the streets are a separate issue, and encouraged the Council to place the item on the Public Works Committee agenda for discussion. Substitute motion was made by Kooiker, second by Schumacher to continue to the November 20, 2006 Council meeting and request Growth Management Department to determine an available date to hold a public hearing and bring the date forward at the next Public Works Committee meeting. Question was called by Kooiker, second by Hadcock and carried. Upon a roll call vote to continue, the following voted AYE:
51 CITY COUNCIL NOVEMBER 6, 2006
LaCroix, Hurlbut, Hadcock, Schumacher, Olson, Kroeger, Kooiker, Chapman, and Johnson; NO: Okrepkie, whereupon substitute motion carried.
The Mayor presented No. 06PD072, an appeal of the Planning Commission’s decision on a request by Brendan Casey for Epic Media for a Planned Light Industrial Development - Initial and Final Development Plan to allow an LED sign display on DM&E Right-of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Third Street and Omaha Street. Hadcock moved, second by Schumacher to approve. Motion carried with Olson voting NO.
The Mayor presented No. 06SV035, a request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, additional pavement, additional right-of-way and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3, Seljeskog Subdivision, located in the SE1/4 NE1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land described as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4 NE1/4; NW1/4 NE1/4 NE1/4 SE1/4; NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2151 Skyline Ranch Road. Olson moved, second by LaCroix to approve. Substitute motion was made by Johnson, second by Kroeger and carried to continue to the November 20, 2006 Council meeting.
The Mayor presented No. 06SV039, a request by Dream Design International for a Variance to the Subdivision Regulations to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated Right-of-Way, Elks Meadows Subdivision, located in the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom Road. Olson moved, second by Kroeger and carried to approve the Variance.
The Mayor presented No. 06SV050, a request by CETEC Engineering for Franklin O. Simpson for a Variance to the Subdivision Regulations to waive the requirement to reduce the pavement width from 27 feet to 24 feet along Sunny Springs Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, 11A and 11B of Block 3, Vacation of Public Access Easement, and dedicated public right-of-way of Fountain Springs Park Subdivision, located in the NW1/4 SW1/4, Section 26, and the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land in the NW¼ SW¼, Section 26 and the NE¼ SE¼, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows; Beginning at the Northwest corner of Tract B of Fountain View Subdivision as recorded in Book 29, Page 239, Said point being monumented with an Iron rod; Thence S72º10’55”W along the Right-of-Way of Harmony Heights Lane a distance of 319.49 feet to a point; Thence along the Right-of-Way of Harmony Heights Lane through a curve to the right having a radius of 229.63 feet, a distance of 3.70 feet; Thence S00º02’56”E 469.04 feet to a point on the South line of the NE¼ SE¼ of said Section 27; Thence N89º41’23”E 114.61 feet along said South line to a point on the East line of the NE¼ 52 CITY COUNCIL NOVEMBER 6, 2006
SE¼ of said Section 27 monumented with an Iron rod; Thence N89º55’39” E 390.12 feet along the South line of the NW¼ SW¼ of said Section 26 to a point; Thence N00º01’21”W 325.13 feet to a point; Thence S89º58’39”W 122.54 feet to a point; Thence N24º44’05”E 64.04 feet to a point on the 125 foot radius non-tangent curve of said Tract B that concaves to the Northeast; Thence along said curve to a chord intersect point N41º33’15”W at a distance of 100.51 feet; Thence N17º50’42”W 113.81’ along the West line of said Tract B to the Point of Beginning, located southwest of the intersection of Harmony Heights Lane and Sunny Springs Drive. Olson moved, second by Kroeger and carried to acknowledge the applicant’s request to withdraw.
Olson moved, second by Hadcock 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, sidewalk, street light conduit, water, sewer and pavement along Sun Ridge Road, the Section Line Highway and the unnamed street as they abut a parcel of land located in the SW1/4 SE1/4 SE1/4; SE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4, Section 25, T2N, R6E, BHM, Pennington County, South Dakota. (06SV053)
The Mayor presented No. 06SV053, a request by Fisk Land Surveying & Consulting Engineers, Inc. for Brent Pushing for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on a parcel of land located in the SW1/4 SE1/4 SE1/4; SE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4, Section 25, T2N, R6E, BHM, Pennington County, South Dakota, located northwest of the terminus of Sun Ridge Road. Olson moved, second by Kroeger and carried that the Variance to the Subdivision Regulation for Sun Ridge Road, the Planning Commission should recommend to waive the improvements of pavement, curb, gutter, streetlight conduit, water and sewer on Sun Ridge Trail as per Chapter 16 of the Rapid City Municipal Code and approve the Variance to the Subdivision Regulations with the following stipulations: 1. A 24 foot wide chip seal road shall be provided; 2. Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements; that the Variance to the Subdivision Regulation for the unnamed street, the Planning Commission should recommend to waive the improvements of pavement, curb, gutter, streetlight conduit, water and sewer on the unnamed street as per Chapter 16 of the Rapid City Municipal Code and approve the Variance to the Subdivision Regulations with the following stipulations: 1. A 20 foot wide chip seal road shall be provided; 2. Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements; approval of the Variance to the Subdivision Regulation for the Section Line Highway, the Planning Commission should recommend to waive the improvements of pavement, curb, gutter, streetlight conduit, water and sewer along a Section Line Highway as per Chapter 16 of the Rapid City Municipal Code and approve the Variance to the Subdivision Regulations 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.
Olson moved, second by Kroeger and carried to authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along South Dakota Highway 44 as it abuts the balance of the residual portion of Lots B and C, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. (06SV055)
53 CITY COUNCIL NOVEMBER 6, 2006
The Mayor presented No. 06SV055, a request by Renner & Associates for ARC International for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the access easement; and to waive the requirement to install sidewalk along SD Highway 44 as per Chapter 16.16 of the Rapid City Municipal Code on Lot 3 of Barnhart Addition, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the balance of the residual portion of Lots B and C, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2990 East Highway 44. Olson moved, second by Kroeger and carried that the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along South Dakota Highway 44 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 improvement. That the Variance to the Subdivision Regulations to waive the requirement to install water and sewer along the access easement be approved; and, that the Variance to the Subdivision Regulations to waive the requirement to install sidewalk along both sides of the access easement be approved with the following stipulation: 1. A sidewalk shall be provided along one side of the easement, and waive the requirement to provide curb and gutter along the access easement with the exception of that curb and gutter as shown on the site plan; and, that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and street light conduit be approved.
The Mayor presented No. 06SV056, a request by Dream Design International for a Variance to the Subdivision Regulations to waive the requirement to install a planting screen easement along East Minnesota Street as per Chapter 16 of the Rapid City Municipal Code on Lots 1 thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated Right-of-Way, Elks Meadows Subdivision, located in the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom Road. Olson moved, second by Kroeger and carried that the Variance to the Subdivision Regulations to waive the requirement to install a planting screen easement along East Minnesota Street as it abuts Lot 1, Block 1, Elks Meadows Subdivision as per Chapter 16 of the Rapid City Municipal Code be approved for the proposed approach location only.
The Mayor presented No. 06SV057, a request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit; to reduce pavement width from 22 feet to 12 feet; and the right-of-way width from 47 feet to 12 feet as per Chapter 16.16 of the Rapid City Municipal Code on Tract A, Wright Subdivision, located in the N1/2 SW1/4, SE1/4 NE1/4 SW1/4 SW1/4, SE1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 SW1/4, SE1/4 NE1/4 SW1/4 SW1/4, SE1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north and west of Skyline Ranch Road. Olson moved, second by Kroeger to approve. Substitute motion was made by Johnson, second by Hadcock and carried to continue the Variance to the November 20, 2006 Council meeting.
Olson moved, second by Kroeger 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 and gutter along the 54 CITY COUNCIL NOVEMBER 6, 2006 east side of Miracle Place as it abuts Lot D, Miracle Place Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. (06SV062)
The Mayor presented No. 06SV062, a request by Ronald Petty for a Variance to the Subdivision Regulations to waive the requirement to install curb and gutter along the east side of Miracle Place as per Chapter 16.16 of the Rapid City Municipal Code on Lot D, Miracle Place Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4325 Miracle Place. Olson moved, second by Kroeger and carried that the Variance to the Subdivision Regulations to waive the requirement to install curb and gutter along the east side of Miracle Place as per Chapter 16.16 of the Rapid City Municipal Code 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.
The Mayor presented No. 06RZ019, second reading of Ordinance No. 5166, a request by Dream Design International for a Rezoning from No Use District to Low Density Residential District on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of Elk Vale Road, northeast of Old Folsom Road and south of Elks Country Estates. Notice of hearing was published in the Rapid City Journal on July 8, 2006 and July 15, 2006. Ordinance No. 5166 having had the first reading on July 5, 2006, Olson moved, second by LaCroix that the title be read the second time. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5166 the second time.
The Mayor presented No. 06RZ031, second reading of Ordinance No. 5187, a request by Lund Associates, Ltd. For Rapid City Regional Hospital for a Rezoning from Medium Density Residential District to Office Commercial District on Lot 1, Block 1, Fox Run Subdivision, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 301 Fox Run Drive. Notice of hearing was published in the Rapid City Journal on September 23, 2006 and September 30, 2006. Ordinance No. 5187 having had the first reading on September 18, 2006, Olson moved, second by Schumacher that the title be read the second time. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: None, whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5187 the second time.
The Mayor presented No. 06RZ037, second reading of Ordinance No. 5195, a request by Brendan Casey for Epic Media for a Rezoning from Flood Hazard District to Light Industrial District commencing at the southeasterly corner of Tract 24A of Rapid City Greenway Tracts, common to a point on the northerly edge of Omaha Street right-of-way, and the point of beginning; Thence, first course: northeasterly, along the easterly boundary of said Tract 24A, common to the westerly edge of the DM&E Railroad right-of-way, curving to the right on a curve with a radius of 623.69 feet, a delta angle of 09º11’12”, a length of 100.00 feet, a chord bearing of N06º49’14”E, a chord distance of 99.89 feet; Thence second course: S78º35’11”E, a distance of 100.00 feet, to a point on the westerly boundary of Tract 25 of Rapid City Greenway Tracts, common to the easterly edge of said DM&E railroad right-of-way; Thence, third course: southwesterly, along the westerly boundary of said Tract 25, common to the easterly edge of DM&E railroad right-of-way, curving to the left on a curve with a radius of 523.69 feet, a delta angle of 11º10’34”, a length of 102.15 feet, a chord bearing of S05º49’32”W, a chord distance of 101.99 feet, to the southwesterly corner of said Tract 25, common to a point on the northerly 55 CITY COUNCIL NOVEMBER 6, 2006 edge of Omaha Street right-of-way; Thence, fourth course: N77º30’00”W, along the northerly edge of Omaha Street right-of-way, a distance of 101.95 feet, to the southeasterly corner of said Tract 24A, and the point of beginning; a portion of Dakota, Minnesota & Eastern Railroad lying between Tract 24A and Tract 25 of Rapid City Greenway Tracts, located in the SW1/4 of the SE1/4 of Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; located at the intersection of Omaha and Third Street. Notice of hearing was published in the Rapid City Journal on October 7, 2006 and October 14, 2006. Ordinance No. 5195 having had the first reading on October 2, 2006, Hurlbut moved, second by Schumacher that the title be read the second time. The following voted AYE: Okrepkie, Hurlbut, Hadcock, Schumacher, Kroeger, Chapman, Johnson, and LaCroix; NO: Olson; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5195 the second time.
The Mayor presented No. 06RZ045, second reading of Ordinance No. 5202, a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on the west 33 feet of Tract 5, Sletten Addition, located in the W1/2 NW1/4 SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of West Nike Road and Cobalt Drive. Notice of hearing was published in the Rapid City Journal on October 21, 2006 and October 28, 2006. Ordinance No. 5202 having had the first reading on October 16, 2006, Okrepkie moved, second by Hurlbut that the title be read the second time. The following voted AYE: Schumacher, Olson, Kroeger, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: Kooiker; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5202 the second time.
The Mayor presented No. 06RZ046, second reading of Ordinance No. 5203, a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on the fifty foot of West Nike Road right-of-way located north of Government Lot 4 and west of Lot 4, Four-M Subdivision, and south of Tracts 2 thru 5, Sletten Addition, all located in the SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the "Plat of A Portion of Sletten Addition, including Lot B revised (which includes Lot A); Tract 3 (which includes Lot A); Tracts 1, 2, 4 and 5 and Dedicated Public-Right-of-Way; all located in Government Lot 3 (NW1/4 of SW1/4) of Section 18, T2N, R8E, BHM, Pennington County, South Dakota", located on the West Nike Road Right-of-Way. Notice of hearing was published in the Rapid City Journal on October 21, 2006 and October 28, 2006. Ordinance No. 5203 having had the first reading on October 16, 2006, Okrepkie moved, second by Hurlbut that the title be read the second time. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5203 the second time.
BILLS
The following bills having been audited, it was moved by Hadcock, second by Chapman and carried with Schumacher voting NO, to authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment thereof.
Payroll Paid Ending 10-14-06, Paid 10-20-06 708,480.80 Payroll Paid Ending 10-31-06, Paid 10-31-06 1,159,945.32 Payroll Paid Ending 10-28-06, Paid 11-03-06 705,426.88 Payroll Paid Ending 10-14-06, Paid 10-20-06 3,425.60 Payroll Paid Ending 10-28-06, Paid 11-03-06 3,425.60 56 CITY COUNCIL NOVEMBER 6, 2006
Pioneer Bank, Taxes Paid 10-20-06 171,537.36 Pioneer Bank, Taxes Paid 10-31-06 287,387.59 Pioneer Bank, Taxes Paid 11-03-06 170,261.60 Pioneer Bank, Taxes Paid 10-20-06 236.17 Pioneer Bank, Taxes Paid 11-03-06 236.69 Pennington Title Company, land purchase 1,968,886.23 Black Hills Power & Light, electricity 7,626.44 Black Hills Power & Light, electricity 113,035.80 Montana Dakota Utilities, gas 9,413.19 Wells Fargo Corporate Card, credit card charges 4,532.59 South Dakota Retirement System, October retirement 337,836.98 SD Department of Labor, unemployment 3,177.26 First Administrators, claims paid 10-17-06 95,676.84 First Administrators, claims paid 10-24-06 87,665.63 First Administrators, claims paid 10-31-06 104,958.12 United States Postmaster, postage 1,800.00 Computer Bill List 3,293,834.56 Subtotal $9,238,807.25
Payroll Paid Ending 10-14-06, Paid 10-20-06 2,854.14 Payroll Paid Ending 10-28-06, Paid 11-03-06 1,946.67 Pioneer Bank, Taxes Paid 10-20-06 218.33 Pioneer Bank, Taxes Paid 11-03-06 148.92 South Dakota Retirement System, October retirement 296.89 Charles Braunsrither, October stipend 150.00 City of Rapid City, cartridges 54.69 City of Rapid City, postage 20.86 Conoco Phillips, gasoline 117.24 Dakota Business Center, copy usage 11.34 Marlin Leasing, copier lease 21.02 Prairiewave Communications, telephone 32.75 Volunteer Software, support & upgrade 250.00 Subtotal $9,244,930.10
Janco Athletic Surfacing, PR06-1584, CO No. 01F 850.00 Total $9,245,780.10
EXECUTIVE SESSION
Okrepkie moved, second by Chapman and carried to go into Executive Session at 12:55 A.M. for the purpose of discussing contractual matters. The Council came out of Executive Session at 1:06 A.M. with all members present.
Johnson moved, second by Okrepkie to reject a contract with Mr. Rossknecht on an appraisal, and authorize staff to obtain a new contract. Motion carried with Chapman voting NO.
ADJOURN
57 CITY COUNCIL NOVEMBER 6, 2006
As there was no further business to come before the Council at this time, the meeting adjourned at 1:12 A.M.
CITY OF RAPID CITY ATTEST:
Mayor Finance Office
(SEAL)
58