ADA Compliance The City of Rapid City fully subscribes to the

					                                PROCEEDINGS OF THE CITY COUNCIL
                                     Rapid City, South Dakota

                                              June 1, 2009

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 1, 2009
at 7:00 P.M.

The following members were present: Mayor Alan Hanks and the following Alderpersons: Sam Kooiker,
Karen Gundersen Olson, Ron Kroeger, Aaron Costello, Deb Hadcock, Lloyd LaCroix, Patti Martinson,
Ron Weifenbach, Bill Okrepkie and Malcom Chapman; 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, Public Works
Director Robert Ellis, Growth Management Director Marcia Elkins, Fire Chief Mark Rohlfing, Police Chief
Steve Allender, Community Resource Director Kevin Thom, Parks and Recreation Director Jerry Cole,
Development Services Coordinator Bob Dominicak, IT Manager Russ Tiensvold and Administrative
Coordinator Amber Sitts.

ADOPTION OF AGENDA

The following items were added to the agenda:

       No. 07VE002 - Section 23, T1N, R7E - A request by Sperlich Consulting, Inc. for Schriner
       Investments, LLC to consider an application for a Vacation of Access and Utility Easement on a
       portion of the 66 foot wide access and utility easement located in the NE1/4 of the NE1/4 of the
       NE1/4 and the SE1/4 of the NE1/4 of the NE1/4 all located in Section 23, T1N, R7E, Rapid City,
       Pennington County, South Dakota, more generally described as being located north of
       Enchantment Road and west of the eastern terminus of Stumer Road.

       No. 09FV005 - South Pointe Subdivision - A request by Don and Lori Ebsen to consider an
       application for a Fence Height exception to allow a six foot high fence in the front yard setback on
       Lot 21 of Block 2 of South Pointe Subdivision, Section 24, T1N, R7E, BHM, Rapid City,
       Pennington County, South Dakota, more generally described as being located at 4827 Mandalay
       Lane.

Motion was made by Okrepkie, seconded and carried to adopt the agenda as amended.

APPROVE MINUTES

Motion was made by Hadcock, second by LaCroix and carried to approve the minutes for the May 18,
2009 Council meeting.

GENERAL PUBLIC COMMENT

Jim Kinyon, Executive Director of Catholic Social Services, thanked the City for the help with their Lakota
Circle of Hope project and invited everyone to their premiere event. He explained their program and
pointed out that the curriculum is compliant with tradition and values.

NON-PUBLIC HEARING ITEMS – Items 2 – 82

Motion was made by Chapman, second by Costello and carried to open the public comment for Items 2 –
82. No comments were offered.
CITY COUNCIL                                                                             JUNE 1, 2009


Motion was made by Costello, second by LaCroix and carried to close the public comments for Items 2 –
82.

CONSENT ITEMS – Items 2 - 56

The following items were removed from the Consent Items:

47.    Set Special Council Meeting to Canvass the Vote for the Annual Municipal Election to be Held
       June 2, 2009.

48.    No. LF052709-18 - Final Approval of Amendment #2 to the FY 2008 Community Development
       Block Grant (CDBG) Annual Action Plan to include Allocations of Community Development Block
       Grant Recovery Funds (CDBG-R) in the amount of $132,734.

56.    No. LF042909-20 - Authorize Mayor and Finance Officer to Sign Lease Agreement between the
       City of Rapid City and Martinez Boxing Club, Inc.

Motion was made by Costello, second by LaCroix and carried to approve the following items as they
appear on the Consent Items:

Alcoholic Beverage License Applications Set for Hearing (June 15, 2009)

2.     Rushmore German Club for a Special Event Beer License for events scheduled August 21
       through 29, 2009 at the Central States Fair, 800 San Francisco

3.     Rapid City Regional Hospital Foundation for a Special Event Wine License for an event
       scheduled June 20, 2009 at The Golf Club at Red Rock, 6520 Birkdale Dr.

4.     Black Hills Heritage Festival for a Special Event Beer and Wine License for events scheduled
       July 1 through 4, 2009 at Memorial Park

5.     Ugly Inc DBA Budd Ugly’s, 321 7th Street, for a Retail (on-off sale) Malt Beverage License, NO
       Video Lottery

6.     Kelly Remily DBA Delmonico Grill, 609 Main Street, for a Retail (on-off sale) Malt Beverage
       License, NO Video Lottery

7.     Kelly Remily DBA Delmonico Grill, 609 Main Street, for a Retail (on-off sale) Wine License

8.     Khoury’s Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha
       Street Suite D for a Retail (on-off sale) Malt Beverage License, NO Video Lottery TRANSFER
       from Khoury’s Mediterranean Cuisine, 2520 W Main St.

9.     Khoury’s Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha
       Street Suite D for a Retail (on-off sale) Wine License TRANSFER from Khoury’s Mediterranean
       Cuisine, 2520 W Main St.

2009 – 2010 Retail (on-off sale) Malt Beverage License Renewals

10.    Sergio and Ana Line Munoz DBA Sabor A Mexico, 208 E North Street for a Retail (on-off sale)
       Malt Beverage License, NO Video Lottery


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CITY COUNCIL                                                                        JUNE 1, 2009

11.   Khoury’s Mediterranean Cuisine Inc. DBA Khoury’s Mediterranean Cuisine, 1109 W Omaha
      Street Suite D for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

12.   Bach Investment Inc DBA Hideaway Casino, 1575 N LaCrosse Street Suite D for a Retail (on-off
      sale) Malt Beverage License, WITH Video Lottery

13.   Northstar Inc. DBA Hunan Chinese Restaurant, 1720 Mt. Rushmore Rd. for a Retail (on-off sale)
      Malt Beverage License, NO Video Lottery

14.   Chrisbro LLC DBA Hampton Inn, 1720 Rapp Street for a Retail (on-off sale) Malt Beverage
      License, NO Video Lottery

15.   Northcott Company DBA Perkins Restaurant and Bakery, 2305 Mt. Rushmore Rd. for a Retail
      (on-off sale) Malt Beverage License, NO Video Lottery

16.   Northcott Company DBA Perkins Restaurant and Bakery, 1715 N LaCrosse St. for a Retail (on-off
      sale) Malt Beverage License, NO Video Lottery

17.   Kelly Remily DBA Delmonico Grill, 609 Main Street, for a Retail (on-off sale) Malt Beverage
      License, NO Video Lottery

2009 – 2010 Package (off-sale) Malt Beverage License Renewals

18.   Nash Finch Company DBA Family Thrift Center #253, 1516 E St. Patrick St. for a Package (off-
      sale) Malt Beverage License

19.   Nash Finch Company DBA Family Thrift Center #254, 855 Omaha St. for a Package (off-sale)
      Malt Beverage License

20.   I-90 Service Center Inc. DBA I-90 Service Center, 2213 N LaCrosse St. for a Package (off-sale)
      Malt Beverage License

21.   Wal-mart Stores Inc. DBA Wal-mart Supercenter 1604, 1200 N LaCrosse St. for a Package (off-
      sale) Malt Beverage License

22.   Burnell Lutz DBA One Stop Shop and Laundry, 1903 N Maple for a Package (off-sale) Malt
      Beverage License

Public Works Committee Consent Items

23.   No. PW052609-05 – Authorize Staff to Advertise for Bids for Tower Road Water Main Loop -
      beginning at the intersection of Sandstone Lane and extending south approximately 1,350 feet.
      Project No. W09-1786 / CIP No. 50753, Estimated Cost: $237,000.00.

24.   No. PW052609-06 – Authorize Staff to Advertise for Bids for Block 110 Original Town Sewer
      Extension – sanitary sewer main adjacent to East Boulevard from Kansas City Street to Quincy
      Street. Project No. SS08-1752 / CIP No. 50742, Estimated cost: $59,400.00.

25.   No. PW052609-07 – Authorize Mayor and Finance Officer to Sign a Resolution authorizing
      application for Clean Water State Revolving Fund Loan for Water Reclamation Facility Projects.

                                      RESOLUTION #2009-068
                    CITY OF RAPID CITY RESOLUTION AUTHORIZING APPLICATION
                                                3
CITY COUNCIL                                                                            JUNE 1, 2009

                            FOR CLEAN WATER STATE REVOLVING FUND LOAN
                             FOR WATER RECLAMATION FACILITY PROJECTS

      WHEREAS, the City of Rapid City has identified the need to conduct repair, replacement and
      improvement projects at its Water Reclamation Facility to ensure that adequate wastewater
      treatment is maintained for the community; and

      WHEREAS, the City of Rapid City proposes to apply for approximately $5,000,000 in Clean
      Water State Revolving Loan Funds at a rate of 3.00% percent for twenty (20) years; and

      WHEREAS, the City of Rapid City is eligible for State assistance for the proposed project; and

      WHEREAS, the City of Rapid City pledges to repay the Clean Water State Revolving Fund Loan
      with revenue generated from the City’s Water Reclamation Fund; and

      WHEREAS, the City’s rate structure and user fees are sufficient to repay the loan; and

      WHEREAS, with the submission of the Clean Water State Revolving Fund Loan Program
      application the City of Rapid City assures and certifies that all Clean Water State Revolving Fund
      Loan Program requirements will be fulfilled.

      NOW THEREFORE BE IT RESOLVED that the City of Rapid City duly authorizes the submission
      of the Clean Water State Revolving Fund Loan Program application; and

      BE IT FURTHER RESOLVED that the Mayor be authorized to execute the Clean Water State
      Revolving Fund Loan Program application and be the authorized signatory for the City of Rapid
      City’s Water Reclamation Facility Projects including all payment requests and other documents.

      Dated this 1st day of June, 2009.

                                                  CITY OF RAPID CITY
      ATTEST:                                     s/ Alan Hanks, Mayor
      s/ James F. Preston
      Finance Officer

      (SEAL)

26.   Approve No. PW052609-08 and No. PW 052609-09. No. PW052609-08 – Covenant Agreement
      between City of Rapid City and Robert and Jane Devries. No. PW052609-09 – Covenant
      Agreement between City of Rapid City and Sandra Fredrickson.

27.   No. PW052609-10 – Authorize Mayor and Finance Officer to Sign an Agreement between the
      City of Rapid City and JLD Properties, LLC, for Construction of an Oversize Water Transmission
      Main.

28.   No. PW052609-11 – Authorize Mayor and Finance Officer to Sign a Permanent Utility Easement
      granting a utility easement on Lots 1 and 2 of the SE1/4 NE1/4 Section 3, T1N, R7E (as shown in
      the Plat Book 7, page 59) and Tract 10A of the Rapid City Greenway Tracts as shown in Plat
      Book 17 page 106, located in the SE1/4 NE1/4 of Section 3, T1N, R7E, BHM, Rapid City,
      Pennington County, South Dakota.




                                                  4
CITY COUNCIL                                                                              JUNE 1, 2009

29.   No. PW052609-12 – Approve the Request for Authorization to Seek Proposals for Engineering
      Services for Saint Andrew Street Reconstruction – Phase 2, Project No. ST10-1803 / CIP No.
      50714. Estimated design and construction costs: $515,000.00.

30.   No. PW052609-13 – Acknowledge the 2008 Outstanding Engineering Achievement Award.

31.   No. PW052609-14 – Approve to Authorize staff to submit a grant application to Federal Transit
      Administration for 5309 funds for design and construction costs for renovation of the Milo Barber
      Transportation Center. Estimated cost of project: $1,732,200.00.

32.   No. PW052609-15 – Approve the purchase of two used Ford LT8000 Combination Sander/Snow
      Plow Trucks from the SDDOT, total cost of $24,650.00.

33.   No. 09VE005 - Approve with stipulations a request by CETEC Engineering for Rushmore
      Construction, Inc. to consider an application for a Vacation of Minor Drainage and Utility
      Easement on Lot 13 of Block 22 of Red Rock Estates of Section 29, T1N, R7E, BHM, Rapid City,
      Pennington County, South Dakota, more generally described as being located at 6415 Bandon
      Lane.

                                 RESOLUTION #2009-073
            RESOLUTION OF VACATION OF A MINOR DRAINAGE AND UTILITY EASEMENT

      WHEREAS it appears that the minor drainage and utility easement on Lot 13 of Block 22 of Red
      Rock Estates located in the NE1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington
      County, South Dakota, more generally described as being located at 6415 Bandon Lane, is no
      longer needed; and

      WHEREAS the owner(s) of the above-described property desire that said portion of the minor
      drainage and utility easement be vacated and released.

      NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the portion of the minor
      drainage and utility easement heretofore described, as shown on Exhibit "A", attached hereto and
      incorporated herein, is not needed and is hereby vacated.

      Dated this 1st day of June, 2009.

                                                   CITY OF RAPID CITY
      ATTEST:                                      s/ Alan Hanks, Mayor
      s/ James F. Preston
      Finance Officer

      (SEAL)

Legal & Finance Committee Consent Items

34.   Approve the Request for Permission from the Sioux Falls Water Ski Club to Use Canyon Lake on
      June 20, 2009, for Water Ski Show at 7:00 p.m. with the stipulation to have the Sioux Falls Water
      Ski Club add the City of Rapid City as an additional insured to their liability insurance policy and
      for them to fill out a special event request with the Recreation Department.

35.   No. LF052709-02 - Authorize Mayor and Finance Office to Sign Vacation of Section Line Highway
      Petition(s) on Property Located in Section 22, 23 and 27, T1N, R7E, BHM, Rapid City,
      Pennington County, SD.

                                                   5
CITY COUNCIL                                                                            JUNE 1, 2009


36.   Approve the request from the Summer Nights committee to use downtown banners with the same
      agreement that was approved in 2008.

37.   No. LF052709-03 – Acknowledge Capital Improvements Program Committee Monthly Update for
      May, 2009.

38.   No. LF052709-04 – Approve the Capital Plan for Streets, Drainage, MIP Projects for May, 2009.

39.   No. LF052709-05 – Approve Moving $50,000 from the Parks and Recreation CIP Contingency
      Fund to Vickie Powers Park Improvements.

40.   No. LF052709-06 – Approve Event Permit for South Dakota School of Mines & Technology
      Homecoming Parade to be Held on September 19, 2009.

41.   No. LF052709-07 – Approve Event Permit for Hotel Alex Johnson for Motorcycle Parking Only in
      Front of the Hotel from St. Joseph Street North to the beginning of the Alley on Sixth Street June
      9-11, 2009.

42.   No. 09TP015 – Authorize Mayor and Finance Officer to sign the 2009 Unified Planning Work
      Program Amendment 2009-02.

43.   No. 09TP016 – Authorize staff to seek Request for Proposals for the Preparation of the
      Bicycle/Pedestrian Master Plan.

44.   Acknowledge the Following Volunteers for Workmen’s Compensation Purposes: Deb Smith,
      Laura Collins, Ken Hartman, Nick Zahn, Larry Bowles, Ann Hennies, Susan Rodriguez, Streeter
      Shining, Roberta J. Symonds, Erwin J. Spears, Larry A. Paulsen, Jr., Kristyn Tyrrell.

45.   No. LF052709-08 – Approve the Resolution (#2009-066) Writing Off Uncollectible Accounts
      Receivable Accounts.

                                     RESOLUTION #2009-066
                             RESOLUTION WRITING OFF UNCOLLECTIBLE
                                ACCOUNTS RECEIVABLE ACCOUNTS

      WHEREAS the City Finance Office has determined that certain accounts receivable
      accounts, shown on Appendix A, and totaling $1,670.70 are uncollectible, and

      WHEREAS it is necessary to relieve the accounts receivable of the City of Rapid City for
      these accounts

      NOW, THEREFORE, BE IT RESOLVED that the City Finance Officer be directed to remove
      such accounts of the City, said accounts being detailed in the official files of the Finance
      Office.

      Dated this 1st day of June, 2009.

                                                  CITY OF RAPID CITY
      ATTEST:                                     s/ Alan Hanks, Mayor
      s/ James F. Preston
      Finance Officer

                                                  6
CITY COUNCIL                                                                         JUNE 1, 2009

      (SEAL)

46.   No. LF052709-09 – Approve the Resolution (#2009-064) Declaring Property Surplus.

                                    RESOLUTION # 2009-064
                           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:

      Airport
      Electric powered covered passenger walkway, 15’ long, 8’ high.

      Information Technology Number Inventory Number
      Gateway 975 Server 0034726962
      Gateway 980 Server 0029363473 S0619
      Gateway E4100 Desktop Computer 0032806236
      Gateway VX730 Monitor BEJJEG784G
      Gateway EV700 Monitor M1541A597272
      HP Procurve 2424M Switch SG92703723
      HP Procurve 2424M Switch SG94102932
      HP Procurve 2424M Switch SG95004770
      HP Procurve 2424M Switch SG94102913
      HP Procurve 2424M Switch SG95006639
      HP Procurve 2424M Switch SG03800720
      HP Procurve 2424M Switch SG94102934
      HP Procurve 2424M Switch SG94102939
      HP Procurve 2424M Switch SG85000751
      HP Procurve 2424M Switch SG94261775
      HP Procurve 2424M Switch SG94102925
      HP 10‐BaseT, 24M Hub 3862H165
      Cisco UBR900 3882A337
      Cisco Catalyst 3560 Switch CAT100N276
      CISCO 2500 25232411
      Cisco Aironet 1200 Access Point FKH0715K1NF
      Cisco Aironet 1200 Access Point FKH0714K3V4
      Cisco Aironet 1200 Access Point FKH0714K3V0
      Cisco Aironet 1200 Access Point FKH0714K3UJ
      Cisco Aironet 1200 Access Point FHK0715K1NC
      Cisco Aironet 1200 Access Point FKH0715K1NJ
      Cisco Aironet 1200 Access Point FKH0714K3UX
      Middle Atlantic Power Center PD‐915R
      Sharp FO 2950M Fax Machine 0G103856
      HP JetDirect 170X 3862H192
      HP JetDirect 300X SG9144826
      HP JetDirect 300X SG11330466
      SIGNAMAX 10/100 Switch 070819144
      SIGNAMAX 10/100 Switch 060507835
      Server Rack
      Printronix 1500Q Printer 480226979139 15830
                                                 7
CITY COUNCIL                                                                        JUNE 1, 2009

      Moore 1200 Decollator
      Gateway Solo 9500SE – Water Reclamation 0024711242 S0545
      Gateway Solo 2500LS – Human Resources 0016602675 S0433
      Miscellaneous Small Electronic Parts

      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 1st day of June, 2009.

                                                CITY OF RAPID CITY
      ATTEST:                                   s/ Alan Hanks, Mayor
      s/ James F. Preston
      Finance Officer

      (SEAL)

49.   No. LF052709-10 – Authorize Staff to Apply for U.S. Department of Energy Recovery Act –
      Energy Efficiency and Conservation Block Grants – Formula Grants and Authorize Mayor and
      Finance Officer to Sign Grant Application and Related Paperwork.

50.   No. LF052709-11 - Authorize Mayor and Finance Officer to Sign Lease Agreement with Matt
      Kammerer.

51.   No. LF052709-12 - Approve the Resolution to Amend the Council Rules and Procedures to Add a
      Continued Consent Calendar to the Non-Hearing Portion of the Agenda.

                                 RESOLUTION # 2009 - 070
               A RESOLUTION TO AMEND THE COUNCIL RULES AND PROCEDURES
           TO ADD A CONTINUED CONSENT CALENDAR TO THE NON-HEARING PORTION
                                    OF THE AGENDA

      WHEREAS, the Rapid City Common Council has adopted rules of procedure to insure that its
      business is conducted in an efficient and orderly manner; and

      WHEREAS, the rules previously adopted by the Council do not include a continued items consent
      calendar on the non- hearing half of the agenda; and

      WHEREAS, the Council finds that non-hearing items that need to be continued can be most
      efficiently handled through the use of a continued items consent calendar.

      NOW, THEREFORE, BE IT RESOLVED by the Rapid City Common Council that the previously
      adopted City Council Policies and Procedures are hereby amended to included a continued items
      consent calendar on the non- hearing half of the Council agenda immediately following the
      regular consent calendar.

      Dated this 1st day of June, 2009.

                                                CITY OF RAPID CITY
      ATTEST:                                   s/ Alan Hanks, Mayor
      s/ James F. Preston
      Finance Officer


                                                8
CITY COUNCIL                                                                               JUNE 1, 2009

       (SEAL)

52.    No. LF052709-13 - Approve Request from Chuck Wendt, d/b/a CW Enterprises, for 2009 Ice
       Cream Vending License.

53.    No. LF052709-14 – Approve Request from Nicholas Patton, d/b/a Mr. Frosty, for 2009 Ice Cream
       Vending License.

54.    No. LF052709-15 – Approve Request for Neil Litzen, d/b/a Mr. Frosty 2, for 2009 Ice Cream
       Vending License.

55.    No. LF052709-16 – Acknowledge Raffle Request from Juvenile Diabetes Research Foundation
       International.

END OF CONSENT CALENDAR

Motion was made by Kooiker, second by LaCroix, to set a special meeting for Thursday, June 4, 2009 at
12:00 p.m. to canvass the vote for the annual Municipal Election to be held on June 2, 2009. Kooiker
expressed his concern that ballots are ordered right away if there is a run-off election so that voters can
vote absentee. Mayor Hanks confirmed this instruction was already given to the Finance Office. Motion
carried.

Motion was made by Kooiker and seconded to approve (LF052709-18) Amendment #2 to the FY 2008
Community Development Block Grant (CDBG) Annual Action Plan to include Allocations of Community
Development Block Grant Recovery Funds (CDBG-R) in the amount of $132,734 and Authorize Mayor
and Finance Officer to sign such agreement. Motion carried.

Motion was made by Kooiker, second by LaCroix to (No. LF042909-20) Authorize Mayor and Finance
Officer to Sign Lease Agreement between the City of Rapid City and Martinez Boxing Club, Inc. Kooiker
expressed his desire to let people know about the program and how to sign up. Green said there may be
things that can be done on a practical level through the recreation division to get the word out. Cole
explained that they are working with the boxing club to get information added to the website, and they
are also working with Martinez to get their year-end report done. Motion carried.

NON-CONSENT ITEMS – Items 57 - 82

Motion was made by Weifenbach, second by LaCroix and carried to open the public comment for Items
57 – 82.

Bill Kessloff spoke as a homeowner in the historic district. He said they have standards that allow the
homes to change but many people work hard to maintain their contributing status. He said feasible and
alternative methods do exist for the Schmid home, and he recommended that the Council come to that
conclusion. John Wagner said the City can overrule the State, but they must ensure there is no feasible
alternative. He said the new windows are not appropriate, and there was no request for approval. He
pointed out how they do not comply with the standards and requested that the Council deny the request.
Jean Olson Kessloff said that it is important to protect the survival of the West Boulevard historical
district, and there are standards in place that have been adopted by the State of South Dakota as
codified law. She said the cumulative effect of home changes will destroy the district. David Asbridge
explained that he was hired by Peter Schmid to put in the home addition. He was not aware that a permit
is needed to replace windows, and he also pointed out that the owner wanted to update the upstairs
windows for safety reasons. Micah Schmid, the homeowner, explained that their intention was to improve
the neighborhood through repair of their home but working with the Historic Preservation Society has
been disappointing. She stated that they explored all feasible and alternative solutions. She explained
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CITY COUNCIL                                                                                JUNE 1, 2009

why the new windows were needed and the background behind why they chose the windows they did.
She thanked the Council members who took time to visit their home. Peter Schmid thanked the Council
for their time with this issue. He said as soon as he was contacted by the Historic Preservation
Commission they stopped interior reconstruction of the home. He said he has documentation that clearly
states his windows are not unique to the structure.

Kale McNaboe represented an applicant for Item 60, which is a preliminary plat application. He
requested approval as the stipulations of the staff report have been met.

Julie Mueller said she would like Item 76, regarding a street proposal, put off until September as their
neighbors, who are directly affected by the proposed road, are currently unable to attend the meetings
due to family heath reasons. She invited the Council to come out and take a look at the area. Mike
Mueller suggested that Hart Ranch offer land for the proposed collector to satisfy future development. He
also requested that the item is continued to the fall in consideration of their neighbors who are not able to
be at the meetings. Brian Fenske also stated his opposition to the plan for the area where he resides,
and he suggested other alternatives, such as Evans Court. They are not against development but said
the proposed plan is not the best.

Motion was made by Olson, second by Chapman and carried to close the public comment for Items 57 –
82.

Ordinances

Ordinance 5515 (No. 09RZ025) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City
Municipal Code, Rezoning the within described property as requested by James L. Scull, Jr. for a
Rezoning from General Commercial District to Light Industrial District of a parcel of land, located in
the SW¼ SW¼ of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota. The Point
of Beginning of said parcel being identical with the northwesterly corner of Lot 2 of SSJE Subdivision
recorded at the Pennington County Register of Deeds Office in Plat Book 29 Page 167, said corner
being marked with a 5/8” rebar with survey cap said corner being the Point of Beginning: Thence First
Course: along the northerly line of said Lot 2 a bearing of S89º56'10"E and a distance of 273.99 feet to
5/8” iron rod; Thence Second Course: along a line bearing S89º57’50”E and a distance of 617.49 feet to
a the northeasterly corner of said Parcel and an intersection with the Section 1/16th line of said Section
32; Thence Third Course: along said Section 1/16th line a bearing of S00º07’24”W and a distance of
813.51 feet to the West 1/16 corner of said Section 32 which is marked with a magnetic nail with flasher
marked “LS 4371”; Thence Fourth Course: along the southerly section line of said Section 32 a bearing
of N89º52’58”W and a distance of 630.09 feet to a 5/8’ rebar with survey cap marked “LS 4371”; Thence
Fifth Course: continuing along the southerly section line of said Section 32 a bearing of N89º52’47”W
and a distance of 170.11 feet to the southwesterly corner of Lot 7 of said SSJE Subdivision marked with
a 5/8’ rebar with survey cap marked “LS 4897”; Thence Sixth Course: along the westerly line of said Lot
7 a bearing of N00º09’09”E and a distance of 205.41 feet to the northwesterly corner of said Lot 7 and an
intersection with the southerly right-of-way line of Jess Street marked with a 5/8’ rebar with survey cap
marked “LS 4897”; Thence Seventh Course: along a line with a bearing of N49º19’44”W and a distance
of 87.31’ to an intersection with the northerly right-of-way line of Jess Street and the southwesterly corner
of Lot 2 of Lot A of D.D.E. Subdivision as recorded in Plat Book 29, Page 68; Thence Eighth Course:
along the westerly line of said Lot 2 of Lot A a bearing of N00º00’30”E and a distance of 150.00
feet;Thence Ninth Course: continuing along the westerly line of said Lot 2 of Lot A a bearing of
S89º53'09”W and a distance of 25.00 feet; Thence Tenth Course: continuing along the westerly line of
said Lot 2 of Lot A a bearing of N00º09’42”E and a distance of 52.51 feet to the southwesterly corner of
Lot 1 of said SSJE Subdivision marked with a 5/8’ rebar; Thence Eleventh Course: along the westerly
line of said Lot 1 a bearing of N00º26’40”E and a distance of 119.65 feet to the southwesterly corner of
Lot 2 of said SSJE Subdivision marked with a 5/8’ rebar; Thence Twelfth Course: along the westerly line
of said Lot 2 a bearing of N00º00’48”E and a distance of 228.14 feet to the Point of Beginning. Basis of
                                                     10
CITY COUNCIL                                                                               JUNE 1, 2009

Bearings established by GPS observations, base located at the northeasterly corner of Lot K-2 S. Said
Parcel of Land Contains 16.043 acres, more or less, located adjacent to Kermit Lane east and west,
south of Jess Street. Motion was made by Kooiker, seconded by LaCroix and carried that Ordinance
5515 be placed upon its first reading and the title was fully and distinctly read and second reading set for
Monday, June 15, 2009

Growth Management Department Items

Motion was made by Kooiker, seconded and carried to continue to the July 6, 2009 City Council meeting
(No. 07PL134) A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 12 of
Block 1, Lots 1 thru 7 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 thru 15 of Block 4, and Lots 1 thru 31
of Block 5 of Hyland Crossing Subdivision and the dedicated Right-of-way, located in the W1/2 SE1/4;
SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally
described as a portion of the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid
City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

Motion was made by Kooiker, seconded and carried to continue Items 59, 61, 62, 63, 64, 67, and 68 to
the June 15, 2009 City Council meeting

59.    No. 08PL098 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 29
       thru 33 of Block 3 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2
       SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally
       described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the
       balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N,
       R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard,
       south of Neel Street and west of Big Sky Drive.

61.    No. 08PL131 - A request by FourFront Design, Inc. for Rapid City Economic Development
       Foundation for a Preliminary Plat on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park,
       located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
       legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4,
       Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly
       described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8
       East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along
       the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-
       Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East
       Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of
       beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a
       distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and
       the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of
       Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of
       Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of
       13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing
       along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence
       S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence
       S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence
       N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point
       of beginning, located at 333 Concourse Drive.

62.    No. 08PL143 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a
       Preliminary Plat on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4,
       Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as
       Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the
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       NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota,
       located at the northwest terminus of Bunker Drive.

63.    No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat on
       Lot 13 of Block 6, Lots 2 thru 11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision,
       located in a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City,
       Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4,
       Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern
       terminus of Homestead Street and north of Carl Avenue.

64.    No. 09PL003 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 1 of
       Block 2 of Hilltop Business Park Subdivision, formerly a portion of the SE1/4 of the NE1/4,
       located in the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County,
       South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E,
       BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of
       Homestead Street and Elk Vale Road.

67.    No. 09PL014 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2
       and 3 of Tract 3 of Discovery Subdivision of Section 28, T2N, R8E, BHM, Rapid City, Pennington
       County, South Dakota, legally described as Tract 3 of Discovery Subdivision located in the NE1/4
       of the SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City,
       Pennington County, South Dakota, located at 1851 Discovery Circle.

68.    No. 09PL018 - A request by Centerline, Inc. for Hidden Valley, Inc. for a Preliminary Plat on
       Tracts 1 thru 3, Lots 1A thru 12B and Lot Z of Block 1, Lots 1A thru 11B of Block 2 of Skylines
       Village Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
       legally described as the south 495 feet of the NE1/4 SE1/4 less Lot 1, the SE1/4 SE1/4 all in
       Section 22, T1N, R7E, BHM, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South
       Dakota, located at 2000 Golden Eagle Drive.

Motion was made by Kooiker, second by LaCroix, to approve (No. 08PL116) A request by Sperlich
Consulting, Inc. for Zandstra Real Estate Holdings for a Preliminary Plat on Lots 8 thru 12 of Block 8,
Lots 5 thru 9 of Block 9, Lots 17 thru 23 of Block 10, Lots 4 thru 18 of Block 11 and Lots 1 thru 10 of
Block 13 of Elks Country Estates, located in a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM,
located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally
described as a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section
16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north and
south sides of the intersection of Jolly Lane and Padre Drive and adjacent to Forest Oaks Court, with the
following stipulations: 1. Prior to Preliminary Plat approval by the Planning Commission, the applicant
shall identify a building envelope on proposed Lot 6. In addition, the applicant shall demonstrate access
to the building site across the Cyclone Irrigation Ditch and revise the Preliminary Plat accordingly if
needed. If any changes are proposed to the Cyclone Irrigation Ditch, the applicant shall obtain approval
from the Cyclone Irrigation Ditch Association; 2. Prior to Preliminary Plat approval by the Planning
Commission, an Exception shall be obtained to allow a lot twice as long as it is wide or the plat document
shall be revised to comply with the length to width requirement; 3. Prior to Preliminary Plat approval by
the Planning Commission, an Erosion and Sediment Control Plan shall be submitted for review and
approval; 4. Prior to Preliminary Plat approval by the City Council, all necessary changes shall be made
to the construction plans as identified on the red lined drawings. In addition, the red lined drawings shall
be returned to the Growth Management Department; 5. Prior to Preliminary Plat approval by the City
Council, the applicant shall enter into an agreement with the City stipulating that prior to issuance of a
Certificate of Occupancy, the upgrades to the Jolly Lane lift station shall be completed and accepted by
the City; 6. Prior to Preliminary Plat approval by the City Council, the applicant shall enter into an
agreement with the City stipulating that prior to issuance of a Certificate of Occupancy, Phase One of
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Minnesota Street shall be completed and accepted by the City and the temporary access shall be closed
or the applicant shall sign an “Assignment and Assumption” document to include Triple Z Real Estate
Development LLLP as a party to the Developer’s Agreement approved with Tax Increment District
Number 65; 7. Prior to submittal of a Final Plat application, a contract shall be awarded for the
construction of Phase One of Minnesota Street from the Elk Vale Road to the intersection of Marlin Drive,
a rearage road, as per the Developer’s Agreement approved with Tax Increment District Number 65. In
addition, surety shall be posted for the improvement; 8. Prior to submittal of a Final Plat application,
Marlin Drive right-of-way from Minnesota Street to Willowbend Drive shall be recorded either as a part of
a Final Plat or as an H Lot; 9. 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; 10. Prior to the City’s acceptance of the public improvements, a warranty surety shall
be submitted for review and approval as required; 11. The approved Preliminary Plat for which no
grading, construction or other improvements have been initiated within two years of the date of approval
of the plat shall be deemed as expired. However, the owner or applicant of the plat may, prior to the
termination of the two year period, request a one year extension subject to approval by the City Council;
and, 12. Prior to Preliminary Plat approval by the City Council, construction plans for Elk Vale Road shall
be submitted for review and approval showing the installation of curb, gutter, sidewalk, sewer and water
or an Exception shall be obtained. Hadcock commented that they have done a good job in the area.
Motion carried.

Motion was made by Kooiker, second by LaCroix and carried to approve (No. 09PL004) A request by
D.C. Scott Co. Land Surveyors for Herbert Jones for a Preliminary Plat on Lots 11AR of Block 7 of
Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington
County, South Dakota, legally described as Lot 11A and the east 20 feet of Lot 11 of Block 7 of Eastern
Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County,
South Dakota, located at 5581 Corbin Drive, with the following stipulations: 1. Prior to Preliminary Plat
approval by City Council, construction plans for Corbin Drive shall be submitted for review and approval
or a Variance to the Subdivision Regulations shall be obtained. In particular, the street shall be 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; 2. Prior to Preliminary Plat approval by City Council, a cost estimate for any required
subdivision improvements shall be submitted for review and approval; 3. Upon submittal of a Final Plat
application, surety for any required subdivision improvements that have not been completed shall be
posted and subdivision inspection fees shall be paid as required; 4. Prior to the City’s acceptance of the
public improvements, a warranty surety shall be submitted for review and approval as required; and, 5.
The approved Preliminary Plat for which no grading, construction or other improvements have been
initiated within two years of the date of approval of the plat shall be deemed as expired. However, the
owner or applicant of the plat may, prior to the termination of the two year period, request a one year
extension subject to approval by the City Council.

Motion was made by Kooiker, second by LaCroix and carried to approve (No. 09PL008) A request by
Matt Benne for Angie Charlson for a Preliminary Plat on Lots A, B, C and D of Lot 4R of Block 15 of
Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section
9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 4R in Block
15 of Canyon Lake Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87 and as
corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4,
Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South
Dakota, located at 4560 Cliff Drive, with the following stipulations: 1. Prior to Preliminary Plat approval by
the City Council, 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. If the existing private well is utilized, then recent test data confirming well capacity
shall be submitted for review and approval. In addition, upon submittal of a Final Plat application, surety
shall be posted to insure that the residential structures are provided with fire sprinkler protection as per
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the National Fire Protection Association Code 13D; 2. Prior to Preliminary Plat approval by the City
Council, an Exception shall be obtained to allow a sewer service line and a water service line to cross
another lot or the plat document shall be revised as needed; 3. Prior to Preliminary Plat approval by the
City Council, the drainage report shall be revised to address street drainage along Cliff Drive and the
private roadway easement. In addition, the drainage report shall be revised to demonstrate that the
proposed 30 foot wide drainage easement extending through the property can accommodate the
drainage flows through the property. In addition, the drainage easement shall be adjusted as needed to
insure that residential development does not occur within this area; 4. Prior to Preliminary Plat approval
by the City Council, the plat document shall be revised to include a note identifying the lowest allowed
structural elevations to prevent flooding of residences as per the drainage report; 5. Prior to Preliminary
Plat approval by the City Council, a grading plan shall be submitted for review and approval if any
subdivision improvements are required; 6. Prior to Preliminary Plat approval by the City Council,
construction plans for Cliff Drive shall be submitted for review and approval showing 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 plat document shall be revised to clearly show
the dedication of one additional foot of right-of-way along Cliff Drive and the non-access easement along
Cliff Drive; 7. Prior to Preliminary Plat approval by the City Council, construction plans for the 30 foot
wide private roadway easement shall be submitted for review and approval showing the easement with a
minimum width of 45 feet and constructed with a minimum 20 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-sac 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 or an Exception shall be
obtained to allow a hammerhead turnaround or a “Y” turnaround as per City Standards to accommodate
fire apparatus; 8. Prior to Preliminary Plat approval by the City Council, an Erosion and Sediment Control
Permit in compliance with the adopted Stormwater Quality Manual shall be submitted for review and
approval if any subdivision improvements are required; 9. 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 private well system for review and approval; 10. Prior to submittal of a Final Plat application, the plat
document shall be revised to clarify the location of the non-access easement and the dedication of one
additional foot of right-of-way along Cliff Drive; 11. 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; 12. Prior to the City’s acceptance of the public improvements, a
warranty surety shall be submitted for review and approval as required; and, 13. The approved
Preliminary Plat for which no grading, construction or other improvements have been initiated within two
years of the date of approval of the plat shall be deemed as expired. However, the owner or applicant of
the plat may, prior to the termination of the two year period, request a one year extension subject to
approval by the City Council.

Legal & Finance Committee Items

Motion was made by Kooiker, second by LaCroix, to approve the Request for Proposals for Public
Private Development. Okrepkie questioned where the funds for the parking meters will come from if they
are all used for the parking ramp, and the Mayor explained that the Council has not taken any action to
take away any of the $2.8 million that was identified in 2012. Mayor Hanks said the Council can adjust
the dollar amount, but he was not willing to take that liberty without Council consent. Responding to
Okrepkie, Mayor Hanks explained that they are asking that proposals identify the additional stalls the City
would receive above 135. The City is looking for the largest net increase in the number of stalls, and he
said unless we get approximately 270 stalls the City Council would probably not be interested. Okrepkie
asked who will be responsible for maintaining the parking stalls, and Green said the proposal does not
address that because they wanted to leave flexibility in the process. The proposals can bring forward
different alternatives for addressing the issue, and he reminded the Council that the City does not have
to select any of the proposals. Responding to Martinson, Green stated that the responsibility of default on
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the commercial or residential portion would depend on the final agreement. He said he is confident they
can come to an arrangement that will protect the taxpayers. Chapman clarified that the $2.8 million as a
funding source for parking meters was only a potential funding source. He then asked about the proposal
due date in relation to the special council meeting date and said it does not allow enough time for review.
Mayor Hanks said they gave themselves flexibility in the last line of the proposal, and he envisioned the
special meeting as a presentation meeting. Chapman suggested minimizing special meetings and
allowing time to vet the proposals. Olson said she thinks they will be able to cope with a flexible situation.
LaCroix said the presentations need to be to the Council as a whole and said the staff can then
investigate and bring a report to the Council. Responding to a question from Kooiker, Mayor Hanks said
that the residential usage will be encouraged. Kooiker said residential usage needs to be required and
said his support will hinge in part on residential aspects of the proposal. He wants to see total costs and
the various financing sources. He said he would feel comfortable with an amendment to keep the
deadline intact and allow time for proposals to be reviewed as he does not believe they will be able to
take final action on July 27th. Chapman said he is comfortable with the date, but they should think about
giving themselves time to vet the proposals. Hadcock said there will be some review and they will be
able to come back for changes or different requirements. Okrepkie said this is a big deal for the
community and taxpayers, so it is important that it is done right. Motion carried.

Motion was made by Kooiker, second by LaCroix, to approve (No. LF052709-17) an Event Permit for
Ugly Inc. dba Sports Rock and Budd Ugly’s to close parking on 7th Street from Apolda, north to the alley
on the west side for motorcycle parking on June 10, 2009. Weifenbach asked that honored citizens are
allowed to park there as well. Responding to Hadcock, Allender explained the request but said it will be
difficult to regulate the motorcycles that park there. Motion carried.

Motion was made by Kooiker, second by LaCroix to find that all feasible and prudent alternatives to the
installation of four windows and changes in window openings at 1819 West Boulevard have been
pursued and that all possible planning to minimize harm to historic property has taken place. Responding
to Hadcock, Elkins explained that the applicant should have received a packet of information regarding
historic preservation. Asbridge said he did not have any responsibility for the application or permit. He
said he put in the addition, but the windows in question are not in the addition. Hadcock expressed that
she wants to make sure people are given their rights but also wants to make sure the process is
followed. Green explained that if the motion is not passed it will not cause the windows to be removed.
Responding to Chapman, Bulman explained that if this is approved it does not make it a non-contributing
structure but said that it could potentially be non-contributing when it is resurveyed. Bulman said the
home met the criteria for the style of home and the pane windows were one of those features. She said it
is the home itself and its relationship to the rest of the buildings that makes it unique. Chapman said
people who purchase a home in the historic district need to understand that there are different
requirements for that area. Kooiker said the intent of his motion was to simply approve the applicant’s
request based on public safety. He said the current motion implies that all other options have been
explored, but that is not an intellectually true statement. He said another option would be to contact the
State office and find out how this affects the contributing nature of this structure to the historic district.
Responding to Kooiker, Elkins said she does not think they will get an answer regarding whether or not
this changes the contributing status. She said this is an issue of State law. The Council cannot approve
the windows, but the motion that all alternatives have been examined will lead to the decision to keep the
windows. Elkins said some of the windows have already been installed, and a new survey would require
a process of several years. Kooiker requested to withdraw his motion, but LaCroix, as the seconder, did
not agree. Kooiker expressed that the motion may belong to the floor, but it does not belong to him.
Kooiker again expressed that the current motion was not his intent and again asked to withdraw his
motion. LaCroix agreed.

Motion was made by Olson to continue the item to the June 15, 2009 City Council meeting. Motion died
for lack of a second.


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Chapman pointed out that the previous motion belonged to the floor, not LaCroix. Mayor asked the floor
for objections regarding the withdrawal of the motion, and there were none.

Motion was made by Okrepkie, second by Weifenbach, to find based on consideration of all relevant
factors that the feasible and prudent alternatives have not been exhausted and planning to minimize to
harm historical property have not taken place. Responding to Martinson, Schmid explained that they
chose the windows in question because they are the same size and match those installed in the addition.
The Historic Preservation Commission said they do not contribute financially to help the homeowner
maintain its historical status. Responding to Olson, Bender said the windows removed were not the same
size or materials of original windows. He said the original windows were six panes over six panes and
said the new windows are one pane over one pane. They are also different dimensions. He said the
windows would have been one of the criteria to be a contributing structure. He also confirmed the double
hung windows were original as far as they know. LaCroix said he feels the owner has pursued all
feasible actions to resolve this with the Historical Preservation Commission.

Substitute motion was made by LaCroix, second by Chapman, to find that all feasible and prudent
alternatives to the installation of four windows and changes in window openings at 1819 West Boulevard
have been pursued and that all possible planning to minimize harm to historic property has taken place.
Costello said there are several factors make up a contributing home. He pointed out that the general
windows have less of a contributing factor to the historical nature of the home than the unique windows.
Responding to Costello, John Wagner said no one knows how many homes have new windows with
simulated divided light because if you replace a window with the same size window then the City can do
nothing about the style of window as there is no requirement for a building permit. Costello said the
question becomes will these windows overshadow the other characteristics that make it contributing.
Elkins confirmed that a building permit is required to change windows if the opening is altered, and in this
case, they did not get a permit. Responding to Weifenbach, Schmid confirmed that he knows he lives in
a historic district. Weifenbach said he feels that all options have not been weighed. He said Mr. Schmid
did not follow the process, and if he had gotten a permit, he would have understood that there is a
process in place. Responding to Kroeger, Schmid estimated his addition was 1400 square feet, and he
said the original square footage of the home was 2200 square feet. He said the addition has eight
windows of varying sizes. Jean Kessloff explained that there needs to be delineation from the new
addition to the old so that the original structure maintains it integrity. She said the standards are specific
on that issue. Hadcock agreed that the process is confusing regarding the windows in the addition versus
those in the original structure, but Kessloff confirmed that Schmid was told that he could not have the
windows in the addition match those in the original structure. Kooiker explained he would like to offer a
continuation motion and also ask that all options are brought forward in the meantime. Green explained
that anything besides the motion to continue would be without meaning. The options can be brought
forwarded, but the only actionable portion of the motion is the continuation. Kooiker asked if Schmid can
come back to the Council later to ask for the original determination that he has asked for tonight, and
Green said that if there are new facts, new exploration or planning there could be another opportunity for
review if the Historical Preservation Commission is presented with another proposal by Schmid.

Second substitute motion was made by Kooiker, second by Olson, to continue to the July 6, 2009 City
Council meeting. Olson said this motion offers the Council time to acquire additional information to make
a required decision. Responding to Chapman, Elkins said we do not know what will happen when the
structure is resurveyed, so the action does not change the contributing status at this point. She pointed
out that it leaves the City with the question of the work that has been done without a permit. Chapman
said if we do not demand that others in the community let people know that the historical district has a
significant value before they purchase a home there then the Council will be faced with this issue again.
Okrepkie said with the facts already brought forward we should be able to give them an answer tonight.
Hadcock said that the Historical Preservation Commission was to meet with Schmid. She said she finds
there is a solution so more time may allow finding it. Kroeger said he is not in favor as the Historical
Preservation Commission said the four windows need to be kept as is or replaced with a like kind. He
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pointed out that Schmid said it is cost prohibitive for him to do that, so he feels we need to make a
decision. Costello said no one knows if it going to be contributing. He mentioned that the process was
not followed correctly but asked if we will force the homeowner to go into debt to fix the issue. He said he
will reluctantly be in favor of continuation. Weifenbach asked Schmid if there is an opportunity for him to
sit down with the Historical Preservation Commission. Schmid said the Commission recommended that a
building permit is approved with simulated divided light, and the staff recommendation was that
alternatives were looked at. Elkins clarified that the staff has not made a recommendation that the
windows are ok. She said that the Commission is charged with providing the State with history and the
State Office of History found that this would have a negative impact. Responding to Weifenbach, Wagner
said that the first alternative is to repair the original windows if possible. The second option is to replace
them with the same window in kind or perhaps there is something else in the category that is readily
available. Schmid confirmed that the continuation is beneficial for him. LaCroix said he is not in favor of
continuing. Upon roll call vote, the following voted AYE: Costello, Hadcock, Weifenbach, Chapman,
Kooiker and Olson; NO: Kroeger, LaCroix, Martinson and Okrepkie. Motion carried.

Motion was made by Kooiker, second by LaCroix, to (No. LF051309-19) Approve Second Amendment to
the Contract for Private Development Tax Increment District Number Fifty-Six. Chapman wanted to
acknowledge that he is abstaining from this item. Motion carried with one NO from Costello and with
Chapman abstaining.

Motion was made by Kroeger, second by Olson (No. LF051309-05) to Approve the City of Rapid City
Technology Resource Usage Policy. Mayor Hanks pointed out that an amended version was distributed
to each Council member. Thom explained that intranet versus internet was discussed, and they decided
to remove the word intranet. Responding to Weifenbach, Thom explained that this is an update to the
current internet policy which is old and never updated, and this new policy is comprehensive
encompassing several issues. Green said the policy applies to all users of the City resources. It was
indicated that it states you have to use the City’s technological resources for official business and limit
personal usage. Responding to Hadcock, Thom confirmed that the new open government policy was
taken into consideration. He said there are still certain files that are not open to the public, and he said
this policy adequately addresses that issue. LaCroix expressed his concern about employee privacy
monitoring and that just one person should not have that privilege without answering to someone. Thom
reminded the Council that this is the property of the City, and Tiensvold said the policy is intended to
protect the network. LaCroix also asked about email disclaimers, and Green said the disclaimer on the
email is designed to protect from an inadvertent recipient. He advised employees to have a disclaimer.
He also said, as a supervisor, you have an obligation to supervise your employees and said that it is
important to be able to monitor them. LaCroix said sometimes authority can be abused so that is his
concern. Kooiker said there was litigation several years ago. He pointed out there is a statement on the
original policy that says, “All email messages are City records,” and the new policy says, “Messages sent
or received via email may be public records.” He would like time to understand that difference.

Substitute motion was made by Kooiker, second by Weifenbach, to continue to the June 15, 2009 City
Council meeting. Chapman mentioned the State law changes and asked if this should be approved after
the new law is in place.

Second substitute motion was made by Kroeger, seconded and carried to continue to the June 10, 2009
Legal and Finance meeting.

Public Works Committee Items

Motion was made by Kroeger, second by Chapman, to (No. PW052609-04) Authorize Staff to Advertise
for Bids for West Chicago Area Water Main Reconstruction - construct new water mains in W Saint Louis
Street, 38th Street, and Lime Creek Drive. Project No. W08-1763 / CIP No. 50282. Responding to
Hadcock, Ellis explained where the original fill line is for the South Canyon reservoir compared to the
                                                     17
CITY COUNCIL                                                                               JUNE 1, 2009

new line. He said they need to replace the line as there is potential for property damage or lost lives, so
they are working on getting the line into the public right of way. He said almost all of the water line is
completed and confirmed that it is the City’s line. Motion carried.

Motion was made by Kroeger, second by Hadcock, to continue to the September 8, 2009 City Council
meeting (No. 09CA001) A request by City of Rapid City to consider an application for an Amendment to
the Comprehensive Plan adopting the Spring Creek Neighborhood Area Future Land Use Plan on that
portion of Sections 1, 3, 10, 11, 12, 14 and 15 lying south of Spring Creek, all of Sections 13, 22, 23, 24,
25, and 26, and all of Section 27 less Foster Lode Mineral Survey, Township 1 South, Range 6 East,
BHM, Pennington County, South Dakota; that portion in the W1/2 of Section 4 and Sections 5, 6 and 7
lying south of Spring Creek, the W1/2 and SE1/4 of Section 9, the S1/2 of Sections 10 and 11, and all of
Sections 1, 8, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30, Township 1
South, Range 7 East, BHM, Pennington County, South Dakota; the E1/2 and SW1/4 of Section 25 and
all of Section 36, Township 1 North, Range 7 East, BHM, Pennington County, South Dakota; that portion
of Sections 29 and 32 lying west of SD Highway 79 and all of Sections 30 and 31, Township 1 North,
Range 8 East, BHM, Pennington County, South Dakota; that portion of Sections 5, 8, 17, 20 and 29 lying
west of SD Highway 79 and all of Sections 6, 7, 18, 19 and 30, Township 1 South, Range 8 East, BHM,
Pennington County, South Dakota, more generally described as being located south of Spring Creek,
east of Boulder Hill Road, north of Knotty Pine Road and west of S.D. Highway79. Elkins pointed out that
Mr. Koupal, a resident of the area, sent an email regarding their request. Hadcock said she would like to
view the location. Chapman said that when this comes back we need to talk about future land use.
Responding to Costello, Elkins confirmed that Evans Ct. was looked at as an alternative. LaCroix
thanked Patsy Horton for her work and encouraged Council to look at the area. Kroeger suggested a
motion to put on the Public Works agenda in August.

Substitute motion was made by Olson, second by Hadcock, to send Items 75 (No. 09CA001) and 76 (No.
09CA002 – A request by City of Rapid City to consider an application for an Amendment to the
Comprehensive Plan to Revise the Major Street Plan by eliminating, adding and realigning arterial and
collector streets in the Spring Creek Neighborhood Area Future Land Use Plan on that portion of
Sections 1, 3, 10, 11, 12, 14 and 15 lying south of Spring Creek, all of Sections 13, 22, 23, 24, 25, and
26, and all of Section 27 less Foster Lode Mineral Survey, Township 1 South, Range 6 East, BHM,
Pennington County, South Dakota; that portion in the W1/2 of Section 4 and Sections 5, 6 and 7 lying
south of Spring Creek, the W1/2 and SE1/4 of Section 9, the S1/2 of Sections 10 and 11, and all of
Sections 1, 8, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, and 30, Township 1
South, Range 7 East, BHM, Pennington County, South Dakota; the E1/2 and SW1/4 of Section 25 and
all of Section 36, Township 1 North, Range 7 East, BHM, Pennington County, South Dakota; that portion
of Sections 29 and 32 lying west of SD Highway 79 and all of Sections 30 and 31, Township 1 North,
Range 8 East, BHM, Pennington County, South Dakota; that portion of Sections 5, 8, 17, 20 and 29 lying
west of SD Highway 79 and all of Sections 6, 7, 18, 19 and 30, Township 1 South, Range 8 East, BHM,
Pennington County, South Dakota, more generally described as being located south of Spring Creek,
east of Boulder Hill Road, north of Knotty Pine Road and west of S.D. Highway79) to the August 11,
2009 Pubic Works meeting and continue the public hearing for items 75 and 76 to the September 8,
2009 City Council meeting. Responding to Weifenbach, Elkins said the rural reserve area allows one
dwelling per 40 acres and because of that density they did not feel an arterial street was needed. She
confirmed portions of the area are the Hart Ranch working ranch. Motion carried.

Motion was made by Kroeger, second by Olson and carried to continue to June 15, 2009 City Council
meeting (09EX058) Approve with a “waiver of right to protest” a request to waive the requirement to
install sidewalk along Cambell Street as per City Ordinance No. 12.16.080 on Lot 1 South Yard
Subdivision Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.

Motion was made by Kroeger, second by Hadcock and carried to continue to June 15, 2009 City Council
meeting (No. 07VE002) Section 23, T1N, R7E - A request by Sperlich Consulting, Inc. for Schriner
                                                    18
CITY COUNCIL                                                                             JUNE 1, 2009

Investments, LLC to consider an application for a Vacation of Access and Utility Easement on a portion
of the 66 foot wide access and utility easement located in the NE1/4 of the NE1/4 of the NE1/4 and the
SE1/4 of the NE1/4 of the NE1/4 all located in Section 23, T1N, R7E, Rapid City, Pennington County,
South Dakota, more generally described as being located north of Enchantment Road and west of the
eastern terminus of Stumer Road.

Motion was made by Kroeger, second by Hadcock and carried to continue to June 15, 2009 (No.
09FV005) South Pointe Subdivision - A request by Don and Lori Ebsen to consider an application for a
Fence Height exception to allow a six foot high fence in the front yard setback on Lot 21 of Block 2 of
South Pointe Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
more generally described as being located at 4827 Mandalay Lane.

Bids

The following companies submitted bids for (No. CC060109-02.1) South Street Sanitary Sewer
Extension Project No. SS08-1775 / CIP No. 50755 opened on May 26, 2009: Grizzly Excavations, Quinn
Construction, Hills Materials Company, RCS Construction, Mainline Contracting and Simon Contractors.
Staff reviewed the bids and recommends bid award to Mainline Contracting. Motion was made by
Weifenbach, second by LaCroix, to approve the bid award to the lowest responsible bidder meeting
specifications, Mainline Contracting, for a total contract amount of $87,400.00. Responding to Olson,
Ellis said he was unable to explain why the bids came in higher than the advertising authority. Motion
carried.

The following companies submitted bids for (No. CC060109-02.2) ADA Compliance Project, Project No.
ADA09-1781 / CIP No. 50761 opened on May 26, 2009: KRM Concrete, Olson Construction, Stanley J
Johnsen Concrete, Scull Construction, Tru-Form Construction and Simon Contractors. Staff reviewed the
bids and recommends bid award to KRM Concrete. Motion was made by LaCroix, seconded and carried
to approve the bid award of the base bid plus alternates 1 and 2 to the lowest responsible bidder meeting
specifications, KRM Concrete, for a total amount of $37,261.60.

The following companies submitted bids for (No. CC060109-02.3) Two (2) New Current Model Year Skid
Steer Loaders for the Solid Waste Division opened on May 26, 2009: Jenner Equipment Company, Titan
Machinery, Bierschbach Equipment, Sheehan Mack Sales & Equipment, and RDO Equipment. Staff
reviewed the bids and recommends bid award to Jenner Equipment Company. Motion was made by
LaCroix, seconded and carried to approve the bid award to the lowest responsible bidder meeting
specifications, Jenner Equipment Company, for model S220 and trade-in of M950 for a total contract
amount of $59,360.00.

Council Items & Liaison Reports

Weifenbach explained that he is requesting a revenue comparison for FY 2007 and FY 2008, and Mayor
Hanks explained that they will be able to get information out to the Council within the next day or two
regarding FY 2007, FY 2008 and FY 2009 to date.

Motion was made by LaCroix, seconded and carried to acknowledge.

Staff Items

Ellis addressed (No. CC060109-03) the Vision 2012 Update. He reported that the Downtown Stormwater
design has been entered into and the design work has been started for Founder’s Park as well. He said
the funds have been authorized for preliminary design on the soccer complex, and the contract was
awarded for the Lighted and Fenced Tennis Courts for Parkview Pool. Responding to Kooiker, Ellis
stated that he does not have an update on the ATTA Pow Wow Grounds.
                                                   19
CITY COUNCIL                                                                          JUNE 1, 2009


Motion was made by Kooiker, second by Martinson and carried to add an Update on the ATTA Pow Wow
Grounds to the June 10, 2009 Legal and Finance meeting.

Motion was made by Olson, seconded and carried to acknowledge the report. Responding to Hadcock,
Elkins explained that the miniature at Founder’s Park is a scale at grade dimensional picture of the
original town of Rapid City. Motion carried.

PUBLIC HEARING ITEMS – Items 83 - 208

Motion was made by LaCroix, seconded and carried to open public comment for Items 83 – 208.

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 83 - 88

Motion was made by Costello, seconded and carried to approve the following items as they appear on
the Continued Public Hearing Consent Items.

Continue the following items until June 15, 2009:

81.    No. 08SV047 - A request by FourFront Design, Inc. for Rapid City Economic Development
       Foundation for a Variance to the Subdivision Regulations to waive the requirement to install
       pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East
       Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as
       per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R and Lot 2 of Block 3 of
       Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City,
       Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of
       Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington
       County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of
       Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South
       Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10
       feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along
       said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said
       Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of
       East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of
       East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along
       the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the
       West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet,
       a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet;
       thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of
       668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of
       439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance
       302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of
       258.44 feet to the point of beginning, located at 333 Concourse Drive.

82.    No. 08SV054 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Variance
       to the Subdivision Regulations to waive the requirement to install water as per Chapter
       16.16 of the Rapid City Municipal Code on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision,
       located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South
       Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the
       SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City,
       Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.



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CITY COUNCIL                                                                               JUNE 1, 2009

83.    No. 09SV002 - A request by Dream Design International, Inc. for a Variance to the Subdivision
       Regulations to waive the requirement to install water and sewer along Elk Vale Road as
       per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Block 2 of Hilltop Business
       Park Subdivision, formerly a portion of the SE1/4 of the NE1/4, located in the SE1/4 of the NE1/4,
       Section 4, t1n, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a
       portion of the SE1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County,
       South Dakota, located northwest of the intersection of Homestead Street and Elk Vale Road.

84.    No. 09SV009 - A request by Dream Design International, Inc. for a Variance to the Subdivision
       Regulations to waive the requirement to install water and sewer along Elk Vale Road and
       Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of
       Tract 3 of Discovery Subdivision of Section 28, T2N, R8E, BHM, Rapid City, Pennington County,
       South Dakota, legally described as Tract 3 of Discovery Subdivision located in the NE1/4 of the
       SE1/4 and in the SE1/4 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington
       County, South Dakota, located at 1851 Discovery Circle.

Continue the following items until July 6, 2009:

85.    No. 07SV057 - 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,
       water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots
       1 thru 12 of Block 1, Lots 1 thru 7 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 thru 15 of Block 4,
       and Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the Dedicated Right-of-way,
       located in the W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington
       County, South Dakota, legally described as the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35,
       T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus
       of Dreamscape Drive.

Continue the following items until August 3, 2009:

86.    No. 08OA003 - A request by City of Rapid City for an Ordinance Amendment to amend
       Section 17.50.335 "Sight Triangles" of the Rapid City Muncipal Code.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Jerry Olson explained that he has a business and would be affected by the rezoning in Item 201. He said
he was told that he now needs the property to be zoned as Heavy Industrial in order for him to expand
his current business. Royal Nielson said the zoning for Lot 17 and 15 is fine, but he would not be able to
expand with the rezoning. He has not been able to put up his steel building and would like to put it up on
the north half of Lot 15.

Matt Benne said that he agrees to all stipulations for Item 208 except number three, which is to provide
sidewalks for their side of the proposed lots B, C and D. He said there are no sidewalks on Cliff Drive,
and it would be unnecessary for him to add sidewalks. He proposed signing a waiver of right to protest if
all of Cliff Drive is required to install sidewalks in the future.

Motion was made by Hadcock, seconded and carried to close the public comments for Items 83 – 208.

CONSENT PUBLIC HEARING ITEMS – Items 89 – 199

The following items were removed from the Consent Public Hearing Items:



                                                   21
CITY COUNCIL                                                                              JUNE 1, 2009

89.    Coco Palace LLC DBA Coco Palace, 1900 N. Maple Ave., for a Retail (on-off sale) Malt Beverage
       License, NO Video Lottery (Continue to June 15, 2009 pending property tax payment)

95.    Late Harvest Inc. DBA Tally’s Silver Spoon, 530 6th St, for a Retail (on-off sale) Wine License
       (Continue to June 15, 2009 pending CUP approval)

99.    Rushmore German Club for a Special Event Beer License for events scheduled August 14
       through 22, 2009 at the Central States Fair, 800 San Francisco

119.   Mae Jean Adams DBA The Corn Exchange, 727 Main St., for a Retail (on-off sale) Malt Beverage
       License, NO Video Lottery (Continue to June 15, 2009 pending property tax payment)

122.   South Dakota Vending Inc DBA Happy Jack’s West, 1925 W Main St. Ste. 1, for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

123.   South Dakota Vending Inc DBA Happy Jack’s Valley, 747 Timmons Blvd. Ste. B, for a Retail (on-
       off sale) Malt Beverage License, WITH Video Lottery

124.   South Dakota Vending Inc DBA Happy Jacks Too, 909 St. Patrick ST. #21, for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

125.   South Dakota Vending Inc DBA Happy Jack’s East, 909 E St. Patrick St. #20, for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

126.   South Dakota Vending Inc DBA Happy Jacks-Downtown, 713 Omaha St., for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

127.   South Dakota Vending Inc DBA Happy Jacks-Cambell, 1601 Cambell St. #3, for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

Motion was made by LaCroix, second by Chapman and carried to approve the following items as they
appear on the Consent Public Hearing Items:

Alcohol Licenses

90.    Dadah Kids Corp. DBA Pauly’s Pizzeria and Sub Company, 1624 E. St. Patrick St. #101, for a
       Retail (on-off sale) Malt Beverage License, NO Video Lottery

91.    Atlantis LLC, Watiki Indoor Waterpark Resort, 1314 N. Elk Vale Rd., for a Retail (on-off sale) Malt
       Beverage License, NO Video Lottery

92.    GS Corp Inc. DBA Casa Re-al, 2315 ½ Mt. Rushmore Rd., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

93.    Sports Saloon Inc. DBA Sports Buzz Family Food N Fun, Mt. Rushmore Road for a Retail (on-off
       sale) Wine License.

94.    Sports Saloon Inc. DBA Sports Buzz Family Food N Fun, Mt. Rushmore Road for a 2009 - 2010
       Retail (on-off sale) Malt Beverage License, No Video Lottery

96.    La Grand Station LLC DBA La Grand Station, 3851 Eglin St, for a Package (off sale) Malt
       Beverage License and SD Farm Wine License


                                                   22
CITY COUNCIL                                                                           JUNE 1, 2009

97.    Rapid City Chamber of Commerce for a Special Event Beer and Wine License for an event
       scheduled June 9, 2009 at Storybook Island.

98.    Dahl Arts Center for a Special Event Beer License for events scheduled June 5, 2009 and June
       19, 2009 at the Art Museum, 713 7th St.

100.   CMS LLC DBA The Hall Inn, 214 E St. Joseph St., for a Retail (on-off sale) Malt Beverage
       License, WITH Video Lottery TRANSFER from SCL Inc DBA The Hall Inn, 214 E St. Joseph St.

101.   Cimarron Casino Inc DBA Royal Casino I, 2530 W Main St. Ste. I, for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery TRANSFER from Western Dakota Gaming DBA Valley
       Sports Bar, 1865 S Valley Dr.

102.   MG Oil Company DBA Clock Tower Lounge, 2525 W Main St., for a Retail (on-off sale) Malt
       Beverage License, NO Video Lottery TRANSFER from MG Oil Company DBA Chances Casino,
       110 Cambell St. #E

103.   Jenneye Sartorius DBA Unique Ink Promos, 3300 N Deadwood Ave., for a Retail (on-off sale)
       Malt Beverage License, NO Video Lottery TRANSFER from Lee Ann Emme DBA S & E
       Investments, 3300 N Deadwood Ave.

2009 – 2010 Retail (on-off sale) Malt Beverage License Renewals

104.   Century Motels Inc. DBA Howard Johnson Express Inn & Suites, 950 North St, for a Retail (on-off
       sale) Malt Beverage License, NO Video Lottery

105.   Michael O Wieseler DBA Horseshoe Bar, 1407 ½ E North St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

106.   Rapid City Softball Association, 1511 Sedivy Lane, for a Retail (on-off sale) Malt Beverage
       License, NO Video Lottery

107.   Robbinsdale Rec Center Inc DBA Robbinsdale Rec Center, 805 E St. Patrick St., for a Retail (on-
       off sale) Malt Beverage License, WITH Video Lottery

108.   Entertainment Inc. DBA Nu Robbinsdale Casino, 803 E. St. Patrick St., for a Retail (on-off sale)
       Malt Beverage License, WITH Video Lottery

109.   Black Hills Amateur Baseball Inc DBA Black Hills Amateur Baseball, 2819 Canyon Lake Dr., for a
       Retail (on-off sale) Malt Beverage License, NO Video Lottery

110.   Fox Family Enterprises Inc DBA Rodeway Inn, 2208 Mt. Rushmore Rd., for a Retail (on-off sale)
       Malt Beverage License, WITH Video Lottery

111.   CMS LLC DBA The Hall Inn, 214 E St. Joseph St., for a Retail (on-off sale) Malt Beverage
       License, WITH Video Lottery

112.   Dave M & Linda Handley DBA Hot Spot Casino, 420 E St. Patrick St. #107, for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

113.   Gab Denk Kwak & Kaz Campillo DBA Hana Restaurant, 2328 W Main St., for a Retail (on-off
       sale) Malt Beverage License, NO Video Lottery


                                                  23
CITY COUNCIL                                                                                  JUNE 1, 2009

114.   Nifty Fifties Inc DBA Parkway Restaurant, 312 East Blvd N, for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

115.   Piesano’s Pacchia Inc DBA Piesano’s Pacchia, 3618 Canyon Lake Dr. #121, for a Retail (on-off
       sale) Malt Beverage License, NO Video Lottery

116.   Black Hills Coffee Company DBA Black Hills Coffee, 5955 S Highway 16 G, for a Retail (on-off
       sale) Malt Beverage License, NO Video Lottery

117.   Wine Cellar Restaurant LLC DBA Wine Cellar Restaurant, 513 6th St., for a Retail (on-off sale)
       Malt Beverage License, NO Video Lottery

118.   Walter Banovic DBA Picasso Barn Pizzeria, 325 Omaha St. #6, for a Retail (on-off sale) Malt
       Beverage License, NO Video Lottery

128.   Linda & Frank Morrison DBA Thirstys, 819 Main St., for a Retail (on-off sale) Malt Beverage
       License, WITH Video Lottery

129.   Omaha Players Company DBA Happy Jacks-Omaha, 1109 W Omaha St., for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

128.   Two Lefties and Panchos DBA Pancheros Mexican Grill, 1221 W Omaha St., for a Retail (on-off
       sale) Malt Beverage License, NO Video Lottery

129.   World Class Golf Inc DBA World Class Golf, 2130 Jackson Blvd., for a Retail (on-off sale) Malt
       Beverage License, NO Video Lottery

130.   Central States Fair Inc DBA Central States Fair, 800 San Francisco St., for a Retail (on-off sale)
       Malt Beverage License, NO Video Lottery

131.   Botticellis Ristorante Italiano Inc DBA Botticellis Ristorante Italiano, 523 Main St., for a Retail (on-
       off sale) Malt Beverage License, NO Video Lottery

132.   CEC Entertainment Inc DBA Chuck E Cheese’s, 30 Knollwood Dr., for a Retail (on-off sale) Malt
       Beverage License, NO Video Lottery

133.   Mai T Goodsell DBA Saigon Restaurant, 221 E North St., for a Retail (on-off sale) Malt Beverage
       License, NO Video Lottery

134.   Cimarron Casino Inc DBA Royal Casino I, 2530 W Main St. Ste. I, for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

135.   NPC International Inc DBA Pizza Hut #2777, 2005 Mt. Rushmore Rd., for a Retail (on-off sale)
       Malt Beverage License, NO Video Lottery

136.   NPC International Inc DBA Pizza Hut #2776, 2604 W Main St., for a Retail (on-off sale) Malt
       Beverage License, NO Video Lottery

137.   Rapid City Elks Lodge #1187 DBA Elks Lodge, 3333 E 39th St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

138.   Cimarron Casino Inc DBA Eastside Plaza Casino, 1000 Cambell St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery
                                                     24
CITY COUNCIL                                                                          JUNE 1, 2009


139.   Cimarron Casino Inc DBA Chicago St. Casino, 3609 Sturgis Rd., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

140.   Wyngard Pot-O-Gold Casino Inc DBA Pot-O-Gold Casino, 1300 Centre St., for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

141.   Wyngard Pot-O-Gold Casino Inc DBA Lucky D’s Casino, 1330 E St. Patrick St. #1, for a Retail
       (on-off sale) Malt Beverage License, WITH Video Lottery

142.   Wyngard Pot-O-Gold Casino Inc DBA Lucky D’s Casino, 1330 E St. Patrick St. #2, for a Retail
       (on-off sale) Malt Beverage License, WITH Video Lottery

143.   Dadah Kids Corp. DBA Pauly’s Pizzeria & Sub Co., 1624 E St. Patrick St. #101, for a Retail (on-
       off sale) Malt Beverage License, NO Video Lottery

144.   MG Oil Company DBA Clock Tower Lounge, 2525 W Main St., for a Retail (on-off sale) Malt
       Beverage License, NO Video Lottery

145.   Black Hills QMG LLC DBA Qdoba Mexican Grill, 741 Mountain View Rd, for a Retail (on-off sale)
       Malt Beverage License, NO Video Lottery

146.   Continental Leisure Inc DBA Carousel Casino, 2050 W Main St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

147.   Lybecks Twenty-First Century Inc DBA Shenanigan’s Casino, 3788 E Hwy. 44, for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

148.   MG Oil Company DBA Uncle Sam’s South, 2110 Jackson Blvd, for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

149.   MG Oil Company DBA Uncle Sam’s East, 1120 E North St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

150.   MG Oil Company DBA Uncle Sam’s West, 2730 W Main St, for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

151.   MG Oil Company DBA BP Casino, 609 Mt. View Ste. C-1, for a Retail (on-off sale) Malt Beverage
       License, WITH Video Lottery

152.   MG Oil Company DBA Rushmore Casino, 1808 Mt. Rushmore Rd., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

153.   MG Oil Company DBA LaCrosse Street Casino #2, 720 N LaCrosse St., for a Retail (on-off sale)
       Malt Beverage License, WITH Video Lottery

154.   MG Oil Company DBA LaCrosse Street Casino #1, 720 N LaCrosse St. #A, for a Retail (on-off
       sale) Malt Beverage License, WITH Video Lottery

155.   MG Oil Company DBA Market Square Casino, 1624 E St. Patrick St., for a Retail (on-off sale)
       Malt Beverage License, WITH Video Lottery



                                                 25
CITY COUNCIL                                                                             JUNE 1, 2009

156.   MG Oil Company DBA Haines Ave. Casino, 1735 Haines Ave., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

157.   MG Oil Company DBA East North Casino, 230 E North St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

158.   MG Oil Company DBA Warehouse Bar & Casino, 200 E Main St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery, INACTIVE

159.   Harbry Enterprises Inc DBA Buck-N-Gator, 4095 Sturgis Rd., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

160.   Orris Enterprises Inc DBA Vino 100, 520 7th St., for a Retail (on-off sale) Malt Beverage License,
       NO Video Lottery

161.   Carolyn’s Casinos Inc DBA Carolyn’s Too, 1141 Deadwood Ave. Ste. 2, for a Retail (on-off sale)
       Malt Beverage License, WITH Video Lottery

162.   Carolyn’s Casinos Inc DBA Carolyn’s Too, 1141 Deadwood Ave. Ste. 2, for a Retail (on-off sale)
       Malt Beverage License, WITH Video Lottery, INACTIVE

163.   S&Y Inc DBA Golden Phoenix Restaurant, 2421 W Main St., for a Retail (on-off sale) Malt
       Beverage License, NO Video Lottery

164.   Poker Joe’s Inc DBA Poker Joe’s, 211 Cambell St., for a Retail (on-off sale) Malt Beverage
       License, WITH Video Lottery

165.   Uncork’d Wine & Tapas Bar LLC DBA Uncork’d Wine & Tapas Bar, 5734 Sheridan Lake Rd.
       #107, for a Retail (on-off sale) Malt Beverage License, NO Video Lottery

166.   Bosselman Inc of South Dakota DBA Bosselman Travel Center, 2783 Deadwood Ave., for a
       Retail (on-off sale) Malt Beverage License, WITH Video Lottery

167.   D&S Time Square Inc. DBA Breakroom Casino, 355 11th St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

168.   Dean’O’s Casino Inc. DBA Dean’O’s Casino, 903 E North St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

169.   United Food Inc DBA Toby’s Casino, 720 E North St., for a Retail (on-off sale) Malt Beverage
       License, WITH Video Lottery

170.   United Food Inc DBA Toby’s Casino South, 710 Cleveland St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

171.   Barbecsul Inc DBA Sandtrap Grill & Bar, 3625 Jackson Blvd, for a Retail (on-off sale) Malt
       Beverage License, NO Video Lottery

172.   Barbecsul Inc DBA Executive Golf Course, 200 12th St., for a Retail (on-off sale) Malt Beverage
       License, NO Video Lottery

173.   Jenneye Sartorius DBA Unique Ink Promos, 3300 N Deadwood Ave., for a Retail (on-off sale)
       Malt Beverage License, NO Video Lottery
                                                  26
CITY COUNCIL                                                                            JUNE 1, 2009


174.   CCKT Inc DBA Queen of Hearts Casino, 316 E Boulevard, for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

175.   CCKT Inc DBA King of Hearts Casino, 3030 West Main St. Ste. A, for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

176.   Rapid Bowl Inc DBA Meadowood Lanes, 3809 Sturgis Rd., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

177.   Cimarron Casino Inc DBA Main St. Gap Casino, 1727 W Main St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

178.   MG Oil Company DBA East St Patrick Casino, 1226 E St Patrick St., for a Retail (on-off sale) Malt
       Beverage License, WITH Video Lottery

2009 – 2010 Package (off-sale) Malt Beverage License Renewals

179.   Safeway Stores 46 Inc. DBA Safeway Store 581, 2120 Mt. Rushmore Rd., for a Package (off
       sale) Malt Beverage License

180.   Safeway Stores 46 Inc. DBA Safeway Store 1554, 730 Mt. View Rd., for a Package (off sale) Malt
       Beverage License

181.   Carol Enterprises DBA Don’s Valley Express, 4030 Cheyenne Blvd, for a Package (off sale) Malt
       Beverage License

182.   Mini Mart Inc DBA Mini Mart #451, 4260 Canyon Lake Dr., for a Package (off sale) Malt Beverage
       License

183.   Mini Mart Inc DBA Mini Mart #444, 1627 Mt. Rushmore Rd., for a Package (off sale) Malt
       Beverage License

184.   Mini Mart Inc DBA Mini Mart #447, 1601 N Haines Ave., for a Package (off sale) Malt Beverage
       License

185.   Mini Mart Inc DBA Mini Mart #443, 3106 W Main St., for a Package (off sale) Malt Beverage
       License

186.   Robert L. Stiehl DBA Circle S Convenient Mkt, 310 E Fairmont Blvd, for a Package (off sale) Malt
       Beverage License

187.   MG Oil Company DBA Corner Pantry #14, 501 Deadwood Ave., for a Package (off sale) Malt
       Beverage License

188.   MG Oil Company DBA Corner Pantry #10, 1818 Mt. Rushmore Rd., for a Package (off sale) Malt
       Beverage License

189.   MG Oil Company DBA Corner Pantry #9, 1220 E St. Patrick St., for a Package (off sale) Malt
       Beverage License

190.   MG Oil Company DBA Corner Pantry #8, 302 E North St., for a Package (off sale) Malt Beverage
       License
                                                  27
CITY COUNCIL                                                                          JUNE 1, 2009


191.   Superpumper Inc DBA Superpumper #16, 3275 S Hwy. 79, for a Package (off sale) Malt
       Beverage License

192.   Superpumper Inc DBA Superpumper #27, 2215 Haines Ave., for a Package (off sale) Malt
       Beverage License

193.   B&L Inc DBA Boyds Liquor Mart, 909 E St. Patrick St., for a Package (off sale) Malt Beverage
       License

194.   B&L Inc DBA Boyds Liquor Mart, 655 Mountain View Rd., for a Package (off sale) Malt Beverage
       License

195.   Fresh Start Convenience Stores Inc DBA Fresh Start – Rapid City, for a Package (off sale) Malt
       Beverage License

196.   Big D Oil Co. DBA Big D Oil Co. Store #42, 850 E North St., for a Package (off sale) Malt
       Beverage License

197.   Big D Oil Co. DBA Big D Oil Co. Store #41, 1160 LaCrosse St., for a Package (off sale) Malt
       Beverage License

198.   Big D Oil Co. DBA Big D Oil Co. Store #17, 3540 Sturgis Rd., for a Package (off sale) Malt
       Beverage License

199.   Big D Oil Co. DBA Big D Oil Co. Store #8, 2303 Jackson Blvd., for a Package (off sale) Malt
       Beverage License

END OF CONSENT PUBLIC HEARING CALENDAR

The Mayor presented Coco Palace LLC DBA Coco Palace, 1900 N. Maple Ave., for a Retail (on-off sale)
Malt Beverage License, NO Video Lottery; Late Harvest Inc. DBA Tally’s Silver Spoon, 530 6th St, for a
Retail (on-off sale) Wine License; and Mae Jean Adams DBA The Corn Exchange, 727 Main St., for a
Retail (on-off sale) Malt Beverage License, NO Video Lottery. Motion was made by Olson, seconded and
carried to continue to the June 15, 2009 City Council meeting.

The Mayor presented a request from Rushmore German Club for a Special Event Beer License for
events scheduled August 14 through 22, 2009 at the Central States Fair, 800 San Francisco. Motion was
made by Olson, seconded and carried to table this request.

The Mayor presented South Dakota Vending Inc DBA Happy Jack’s West, 1925 W Main St. Ste. 1, for a
Retail (on-off sale) Malt Beverage License, WITH Video Lottery; South Dakota Vending Inc DBA Happy
Jack’s Valley, 747 Timmons Blvd. Ste. B, for a Retail (on-off sale) Malt Beverage License, WITH Video
Lottery; South Dakota Vending Inc DBA Happy Jacks Too, 909 St. Patrick ST. #21, for a Retail (on-off
sale) Malt Beverage License, WITH Video Lottery; South Dakota Vending Inc DBA Happy Jack’s East,
909 E St. Patrick St. #20, for a Retail (on-off sale) Malt Beverage License, WITH Video Lottery; South
Dakota Vending Inc DBA Happy Jacks-Downtown, 713 Omaha St., for a Retail (on-off sale) Malt
Beverage License, WITH Video Lottery; and South Dakota Vending Inc DBA Happy Jacks-Cambell,
1601 Cambell St. #3, for a Retail (on-off sale) Malt Beverage License, WITH Video Lottery. Motion was
made by Kooiker and seconded to approve the requests. LaCroix wanted to acknowledge that he is
abstaining from this motion. Motion carried with LaCroix abstaining.

NON-CONSENT PUBLIC HEARING ITEMS – Items 200 - 208
                                                 28
CITY COUNCIL                                                                                JUNE 1, 2009


The Mayor presented (No. LF051309-09) a Request to Enter into Lease Agreement with Rapid City
Lodge No. 1187 of the Benevolent and Protective Order of Elks. Motion was made by Kooiker, seconded
and carried to approve the request.

Ordinance 5510, (No. 09RZ020) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City
Municipal Code, Rezoning the within described property as requested by City of Rapid City for a
Rezoning from No Use District to General Commercial District of Lots 4 and 5 of Hillsview
Subdivision and the 75 foot wide S.D. Highway 44 right-of-way lying adjacent to and south of Lot 5 of the
Hillsview Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South
Dakota, located west of Valley Drive and north of S.D. Highway 44, having passed its first reading on
April 20, 2009; motion was made by Martinson, second by Olson, that the title be read a second time.
Elkins explained that the property owner wants to expand his business, which would require rezoning to
Heavy Industrial. She said currently he is allowed to use the land as it existed prior to the annexation, but
he would not be able to expand. Hadcock said she does not want to shut down someone’s business.
Responding to Hadcock, Elkins said if the request is denied and ask for Heavy Industrial rezoning then
this would put Heavy Industrial next to residential property. Elkins clarified they will not shut anyone down
but the business owner would not be able to expand. It was also indicated that the platting will not
change. Elkins explained that if Heavy Industrial is allowed it allows a wide range of industrial uses on
the land in close proximity to residential.

Substitute motion was made by Hadcock, second by Weifenbach, to deny the request. Elkins said the
process will take 60 to 90 days to rezone the area as Heavy Industrial. Responding to Okrepkie, Elkins
said the negative aspect of doing this would be that it would allow the whole range of Heavy Industrial
uses. Okrepkie said he does not want to hinder economic development and supports motion. LaCroix
cautioned the Council as Heavy Industrial and residential do not go together. Kroeger said Highway 44 is
a main artery, and it is not appropriate to have light or heavy industrial along that road. He asked if there
is an option to allow them to expand. Elkins said they can direct staff to move forward with a
comprehensive plan amendment to be Heavy Industrial with planned development designation, but she
said generally the full range of uses would be allowed. Responding to Chapman, Elkins said if it is zoned
as heavy industrial then you would not see it unless they ask for conditional use in the district as
permitted uses would be allowed with a building permit. A planned development could be used to
mitigate the impacts so it is more difficult to restrict other uses. Motion carried.

Motion was made by Hadcock, second by LaCroix, to direct staff to submit comprehensive amendment
and rezoning for Heavy Industrial with planned development designation. Motion carried.

Motion was made by Kooiker, seconded and carried to reconsider (No. LF051309-09) a Request to Enter
into Lease Agreement with Rapid City Lodge No. 1187 of the Benevolent and Protective Order of Elks.
Motion was made by Kooiker, seconded and carried to direct staff to prepare the lease and bring back to
Council.

Ordinance 5511 (No. 09RZ021), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City
Municipal Code, Rezoning the within described property as requested by City of Rapid City for a
Rezoning from No Use District to General Commercial District of Lot 15 Revised less the north 350
feet and Lot 17 all of Hillsview Subdivision and the north 75 feet of the S.D. Highway 44 right-of-way lying
adjacent and south of Lot 17 and Lot 15 Revised of Hillsview Subdivision all located in Section 5, T1N,
R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive and north of S.D.
Highway 44 having passed its first reading on April 20, 2009; motion was made by Kooiker and
seconded to deny.

Substitute motion was made by Kroeger, second by Hadcock, that the title be read the second time as
Ordinance 5511 (No. 09RZ021), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City
                                                     29
CITY COUNCIL                                                                               JUNE 1, 2009

Municipal Code, Rezoning the within described property as requested by City of Rapid City for a
Rezoning from No Use District to General Commercial District of Lot 17 of Hillsview Subdivision,
located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of
Valley Drive and north of S.D. Highway 44. Mayor Hanks clarified that the balance of the property would
come back as part light and part heavy industrial. The following voted: AYE: Kooiker, Olson, Kroeger,
Costello, Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie, and Chapman; NO: None; whereupon the
Mayor declared the motion passed and Ordinance 5511 was declared duly passed upon its second
reading.

Ordinance 5512, (No. 09RZ022) An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City
Municipal Code, Rezoning the within described property as requested by City of Rapid City for a
Rezoning from No Use District to Low Density Residential District of the north 350 feet of Lot 15
Revised of Hillsview Subdivision and the south 293 feet of Lot 6 of Marshall Subdivision, all located in
Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Valley Drive
and north of S.D. Highway 44 having passed its first reading on April 20, 2009; motion was made by
Kooiker, second by Kroeger, that the title be read a second time. Elkins stated that Nielson is in
agreement with this for the portion at the south 293 feet of Lot 6 of Marshall Subdivision and the east 153
feet of Lot 15.

Substitute motion was made by Kroeger, second by Olson, to rezone the south 293 feet of Lot 6 of
Marshall Subdivision and the east 153 feet of Lot 15 to Low Density Residential. Elkins suggested that
the item is continued for two weeks as the property owners seem to have other thoughts.

Second substitute motion was made by Olson, seconded and carried to continue to the June 15, 2009
City Council meeting.

Ordinance 5514 (No. 09RZ024), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City
Municipal Code, Rezoning the within described property as requested by City of Rapid City for a
Rezoning from No Use District to Low Density Residential District of all of the SE1/4 NE1/4
including the west half of Valley Drive right-of-way adjacent to the SE1/4NE1/4, less Lot 5 of Marshall
Subdivision, less the south 25 feet of Homestead Street right-of-way adjacent to Lot 5 of Marshall
Subdivision, and less the south 293 feet of Lot 6 of Marshall Subdivision, all located in Section 5, T1N,
R8E, BHM, Rapid City, Pennington County, South Dakota; and, all of the NE1/4 SE1/4 lying north of S.D.
Highway 44 including the west half of Valley Drive right-of-way, less Lots 4, 5, 14, 15 Revised and 17 of
Hillsview Subdivision and less the western most 33 feet of Valley Drive right-of-way lying south of Lot 13
of Hillsview Subdivision, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South
Dakota, located west of Valley Drive and north of S.D. Highway 44 having passed its first reading on
April 20, 2009; motion was made by Kooiker, second by Kroeger that the title be read a second time. The
following voted: AYE: Kooiker, Olson, Kroeger, Costello, Hadcock, LaCroix, Martinson, Weifenbach,
Okrepkie, and Chapman; NO: None; whereupon the Mayor declared the motion passed and Ordinance
5514 was declared duly passed upon its second reading.

Motion was made by Kooiker, 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, gutter, sidewalk,
street light conduit and additional pavement along Corbin Drive as they abut Lot 11A and the east 20 feet
of Lot 11 of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section 11, T1N, R8E,
BHM, Pennington County, South Dakota located at 5581 Corbin Drive. (09SV004)

The Mayor presented (No. 09SV004) A request by D.C. Scott Co. Land Surveyors for Herbert Jones for
a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter,
sidewalk, street light conduit and additional pavement as per Chapter 16.16 of the Rapid City
Municipal Code on Lots 11AR of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of
Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 11A and the
                                                    30
CITY COUNCIL                                                                                   JUNE 1, 2009

east 20 feet of Lot 11 of Block 7 of Eastern Acres Subdivision, located in the SW1/4 NW1/4 of Section
11, T1N, R8E, BHM, Pennington County, South Dakota, located at 5581 Corbin Drive. Motion was made
by Kooiker, second by Kroeger and carried to approve the request with the following stipulations: Prior to
City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the
improvements.

Motion was made by Kooiker, second by Kroeger, 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 additional pavement along Cliff Drive as they abut Lot 4R in Block 15 of
Canyon Lake Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87 and as corrected
by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8
and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.
(09SV007) Elkins explained that the sidewalk on opposite side would be waived, but she said Mr. Benne
is asking to waive the sidewalk on both sides of the street. Elkins confirmed that in order to do as the
applicant is requesting you would have to authorize the change to be made to the WORP. Elkins also
confirmed that are no sidewalks currently in the area, but she explained that Council has directed that
they put in sidewalks where they can when platting is occurring. Elkins clarified that the current WORP is
for the east side of the street. Olson said she us not in support. Costello said the density of
neighborhoods is increasing and more people will want to walk for exercise or as a means of
transportation. He encouraged Benne to look at it as taking the lead on a safe neighborhood. Kroeger
said he cannot support the WORP unless they waive both sides as he does not agree with not having
any connections for the sidewalk.

Substitute motion was made by Kroeger, second by Okrepkie, to Authorize the Mayor and Finance
Officer to sign a waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk,
street light conduit, water, sewer and additional pavement along Cliff Drive as they abut Lot 4R in Block
15 of Canyon Lake Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87 and as
corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4,
Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South
Dakota with the addition of the sidewalk on the west side within the WORP. Responding to Weifenbach,
Elkins said they have not done the research to see if there are other WORPs in the area. Chapman
confirmed with Elkins that the WORP is recorded at the Courthouse with the title. He would agree if they
require sidewalks in the whole area but disagrees doing only one sidewalk in the area. Upon roll call
vote, the following voted AYE: Hadcock, LaCroix, Martinson, Weifenbach, Okrepkie, Chapman and
Kroeger; NO: Costello, Kooiker and Olson. Motion carried.

The Mayor presented (No. 09SV007) A request by Matt Benne for Angie Charlson for a Variance to the
Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light
conduit, water and sewer along Cliff Drive and to reduce the pavement width from 27 feet to 20
feet and 18 feet along Cliff Drive; to waive the requirement to install curb, gutter, sidewalk, street
light conduit, water and sewer along the 30 foot wide private roadway easement, to reduce the
pavement width from 20 feet to 12 feet along the 30 foot wide private roadway easement and to
reduce the width of the private roadway easement from 45 feet to 30 feet as per Chapter 16.16 of
the Rapid City Municipal Code on Lots A, B, C and D of Lot 4R of Block 15 of Canyon Lake Heights
Subdivision, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, T1N, R7E, BHM,
Rapid City, Pennington County, South Dakota, legally described as Lot 4R in Block 15 of Canyon Lake
Heights Subdivision, as shown in the plat filed in Plat Book 28, Page 87 and as corrected by Affidavit
recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8 and the
SW1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at
4560 Cliff Drive. Motion was made by Hadcock and seconded to approve in part with revised stipulations
striking the requirement for a sidewalk on the west side of the street and deny in part as per Planning
Commissions recommendations. The applicant confirmed that this will meet his needs. Motion carried.


                                                      31
CITY COUNCIL                                                                          JUNE 1, 2009

ADDENDUM #1

Motion was made by Kooiker, seconded and carried to amend the agenda to add Items 210, 211 and
212. Chapman indicated that the agenda with the addendum was available to the public, so he asked
what agenda we are approving.

Motion was made by Kooiker, seconded and carried to (No. PW052609-01) Approve Change Order #4
Final for East Highway 44 Utilities Reconstruction Project, to Heavy Constructors, Inc., Project No.
SSW05-1469 / CIP No. 50479, for a change in funding distribution. No change in amount of funds.

Motion was made by Kooiker, seconded and carried to (No. PW052609-02) Approve Change Order #2
for Downtown Pavement Repair, to Tru-Form Construction, Inc., Project No. STCM08-1747 / CIP No.
50445, in the amount of $4,220.00.

Motion was made by Kooiker, seconded and carried to (No. PW052609-03) Authorize Staff to Advertise
for Bids for 2009 Pavement Marking Contract - pavement markings on Saint Patrick St, 5thSt/Haines
Ave, and Sheridan Lake Rd. Project No. PM09-1779 / CIP No. 50593, Estimated Cost: $36,000.00.

BILLS

The following bills having been audited, motion was made by LaCroix, seconded and carried to authorize
the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment
thereof.

Payroll Ending 5/31/2009, Paid 5/29/2009                                                1,174,652.96
Payroll Ending 5/23/2009, Paid 5/29/2009                                                  867,546.42
Payroll Ending 5/9/2009, Paid 5/15/2009                                                     3,592.80
Pioneer Bank & Trust, Paid 5/29/2009                                                      275,952.61
Pioneer Bank & Trust, Paid 5/29/2009                                                      205,634.60
Pioneer Bank & Trust, Paid 5/29/2009                                                          262.95
First Administrators, Paid 5/19/2009                                                       37,696.13
First Administrators, Paid 5/27/2009                                                       81,402.34
South Dakota Department of Labor, Paid 5/18/2009                                           10,307.83
Computer Bill List                                                                      1,321,353.61
        Subtotal                                                                        3,978,402.25

Payroll Ending 5/29/2009                                                                    2,913.04
Pioneer Bank & Trust, Paid 5/29/2009                                                          222.84
Postage                                                                                       200.40
Knology                                                                                        45.98
Wright Express                                                                                 46.15
        Subtotal                                                                        3,981,830.66

EXECUTIVE SESSION for the purposes permitted by SDCL 1-25-2

Motion was made by Olson, seconded and carried to go into Executive Session at 11:08 P.M. for the
reasons permitted by SDCL 1-25-2. The Council came out of Executive Session at 11:27 P.M. with all
members present.

STAFF DIRECTION




                                                 32
CITY COUNCIL                                                                              JUNE 1, 2009

Motion was made by LaCroix and seconded to direct the City Attorney’s office to reject the offer from
Prairie Fire Development. Hadcock wanted to acknowledge that she is abstaining. Motion carried with
Hadcock abstaining.

Motion was made by LaCroix, second by Costello, to direct the City Attorney’s office to continue with
negotiations on land acquisition. Chapman asked that the motion include that it then comes back to City
Council before a final decision is made. Upon roll call vote, the following voted AYE: LaCroix, Martinson,
Chapman, Olson, Kroeger and Costello; NO: Hadcock, Weifenbach, Okrepkie and Kooiker. Motion
carried.

ADJOURN

As there was no further business to come before the Council at this time, the meeting was adjourned at
11:29 P.M.

                                                           CITY OF RAPID CITY
ATTEST:

                                                           Mayor
Finance Office

(SEAL)




                                                   33

				
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