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.