PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota June 2, 2008 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, June 2, 2008 at 7:00 P.M. The following members were present: Mayor Alan Hanks and the following Alderpersons: Lloyd LaCroix, Tom Johnson, Deb Hadcock, Bob Hurlbut, Bill Okrepkie, Malcom Chapman, Ron Weifenbach, Karen Olson, Ron Kroeger and Sam Kooiker; 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 Robert Ellis, Fire Chief Mark Rohlfing, Police Chief Steven Allender, and Administrative Coordinator Jackie Gerry. ADOPTION OF AGENDA The following items were added to the agenda: • Journey Museum, Alderman Okrepkie • Floodplain Development Policy Committee, Alderman Chapman Motion was made by Chapman, seconded and carried to adopt the agenda as amended. APPROVE MINUTES Motion was made by Okrepkie, seconded and carried to approve the minutes for May 19, 2008. GENERAL PUBLIC COMMENT Billy Mitchell, Rapid City Professional Fire Fighters offered an update on the department’s program entitled Fire Ops 101, that will consist of classroom time and actual scenarios of fire and accident recovery. Jim.Bussell, MDA Coordinator for the Rapid City Professional Fire Fighters extended their appreciation to the Council, Mayor and staff for the support in backing their first, large scale, on- the-street “Fill the Boot” campaign. This event is a 54 year tradition between the members of the International Association of Fire Fighters and MDA. The money raised goes to MDA programs, MDA research, and sending children to MDA Camp. The Rapid City Professional Fire Fighters set a goal of $12,600, and through the three-day program, the Rapid City Professional Fire Fighters were able to raise a total of $42,882. The Rapid City Professional Fire Fighters are able to send every age eligible child in the State of South Dakota to MDA Camp and money left over will do more good things. Bussell also extended the appreciation of the Rapid City Professional Fire Fighters to the community for their generosity. NON-PUBLIC HEARING ITEMS -- Items 1 - 93 CITY COUNCIL JUNE 2, 2008 Motion was made by Okrepkie, seconded and carried to open public comment on Items 1 – 69. Lila Doud, Director of Mothers Against Drunk Driving (MADD) addressed items 40 (LF051408- 08) and 41 (LF051408-09), applauding the law enforcement officers who strive to keep the streets and neighborhoods safe. She suggested that a grant that provides officers to patrol the streets should not be rejected; and urged the Council to reapply for the grant that makes the community a safer place to live. Cindy Crocker, Volunteer for Mothers Against Drunk Driving (MADD) addressed items 40 (LF051408-08) and 41 (LF051408-09), encouraging the Council to reapply for the grant explaining that she is a widow raising two young children because someone driving under the influence made a poor choice that took the life of her husband. Crocker told the members that she tells her story to many to try and impress upon them about how important it is to make the right choices. Mike Gooch, Rapid City addressed 40 (LF051408- 08) and 41 (LF051408-09), urging the Council to reapply for the grant. Jean Kessloff, Rapid City addressed item 53 (LF052808-35), explaining that when an alteration changes the style, historic fabric, or essence of a home, the contributing status of a property is considered an adverse impact to a historic district and decreases the 2 to 1 ratio. The ratio required to maintain the boundaries of the district is two contributing properties to one non-contributing property. Kessloff indicated that 912 St. Andrew Street is presently a contributing property; but the proposed changes result in the property being reclassified as non-contributing. She explained that each time a property is reclassified the district comes closer to losing its historic status on the State and National Register of Historic Places. Kessloff outlined options for the members to consider: approve as submitted; require that the alternations maintain its contributing status; or request that the applicant work with the Rapid City Historic Preservation Commission to find a solution to the remodeling. Joel Schwiesow, Rapid City addressed item 53 (LF052808-35), asking that the Council concur with the Legal Finance Committee recommendation. Motion was made by Okrepkie, seconded and carried to close public comment on Items 1 – 69. CONSENT ITEMS – Items 1 - 69 The following items were removed from the Consent Items: 32. No. LF052808-01 – Deny request for payment in the sum of $4,944 from the Minnilusa Historical Association 33. No. LF052808-02 – Approve Travel Request for Mayor Alan Hanks, Tom Johnson, Ron Weifenbach, Deb Hadcock, Karen Olson, Bill Okrepkie, Lloyd LaCroix, and Ron Kroeger to attend NLC – Thinking & Acting Strategically in Local Government in Rapid City, SD, June 29- July 1, 2008, in the approximate amount of $2,360 36. Approve allocation of $10,000 from 8913 – Miscellaneous Improvements (Streets, Drainage, and MIP Projects) for acquisition of land located on the Southeast Corner of Omaha and Fifth Street (Wolff’s Bargain Den) 40. No. LF051408-08 – Authorize staff to apply for Highway Safety Grant for DUI Enforcement Program 41. No. LF051408-09 – Authorize staff to apply for Highway Safety Grant for Overtime and Equipment 2 CITY COUNCIL JUNE 2, 2008 48. No. LF052808-30 – Authorize Mayor and Finance Office to sign the Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Lots 1A, 3A, 24 and 25 all in Minnesota Ridge Subdivision, Phase 4B 53. No. LF052808-35 - Find that all feasible and prudent alternatives to the house remodel and garage addition at 912 St. Andrew Street have been pursued and that all possible planning to minimize harm to the historic property has taken place 67. No. 08PL054 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Mall Drive Subdivision, and Lots 1A and 1B of Interstate 90 Heartland Business Park, formerly a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Block 6 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Mall Drive and Dakota Craft Drive. 68. No. 08PL060 - A request by Hadcock Construction, Inc. for Allan L. and Leah J. Dewald for a Layout Plat on Lot B of Dewald's Subdivision, formerly a portion of the SW1/4 NE1/4 NW1/4 and a portion of the W1/2 NW1/4 of Section 13, T1N, R6E, BHM, Pennington County, South Dakota, legally described as a portion of the SW1/4 NE1/4 NW1/4 and a portion of the W1/2 NW1/4 of Section 13, T1N, R6E, BHM, Pennington County, South Dakota, located north of the terminus of Nameless Cave Road and northeast of Cavern Road. 69. No. 08PL062 - A request by Sperlich Consulting, Inc. for Orthopedic Building Partnership for a Preliminary Plat on Lots 1R, 5R and 6 of Old Rodeo Subdivision, formerly Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 7220 South Highway 16 and 7111 Jordan Drive. Motion was made by Chapman, seconded and carried to approve the following items as they appear on the Consent Items. Alcoholic Beverage License Applications Set for Hearing (June 16, 2008) 1. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled July 8, 2008 in the 7TH Street public right-of-way between Main Street and Saint Joseph Street and Art Alley 2. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled August 12, 2008 at Great Western Bank, 14 Saint Joseph Street 3. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled August 21, 2008 at Western Mailers, 224 East Saint Joseph Street 4. Cortez, LLC dba Alex Johnson Hotel, 523 Sixth Street for a Retail (On-Sale) Liquor License, Sunday on-sale TRANSFER from Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street 3 CITY COUNCIL JUNE 2, 2008 5. Cortez, LLC dba Alex Johnson Hotel, 523 Sixth Street for a Retail (On-Off Sale) Malt Beverage License, NO Video Lottery TRANSFER from Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street 6. Cortez, LLC dba Alex Johnson Hotel, 523 Sixth Street for a Package (Off-Sale) Liquor License TRANSFER from Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street 2008 – 2009 Retail (On-Off Sale) Malt Beverage License with Video Lottery 7.