official proceedings of the city council monday, august...

OFFICIAL PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota

August 20, 2001 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, August 20, 2001 at 7:00 P.M. Mayor Jerry Munson, Finance Officer James Preston, and the following Alderpersons were present: Tom Johnson, Alan Hanks, Babe Steinburg, Tom Murphy, Martha Rodriguez, Bill Waugh, Ron Kroeger, Mel Dreyer and Rick Kriebel; the following arrived during the course of the meeting: Ray Hadley; and the following were absent: None. Motion was made by Hanks, seconded by Dreyer and carried to amend the minutes of minutes of June 4, 2001 to list the following recipients of Weed & Seed Mini Grants: Cornerstone Mission $11,905; YFS-Child Care $6,168; YFS-Girls, Inc. $10,642; Center for Restorative Justice $7,300 and Citizens Patrol $1,600; and approve the minutes of August 6 and August 15, 2001. Bid Openings The following bids for No. CC082001-03, Water Reclamation Facility Expansion Equipment Procurement – Ultraviolet Disinfection Project No. WRF01-1130 were opened on August 14, 2001:

SCHEDULE ITEM AND DESCRIPTION TROJAN TECHNOLOGIES,

INC.

WEDECO IDEAL

HORIZONS, INC.

ITEM 1 - Ultraviolet Disinfection Equipment $995,100.00 $566,500.00

ITEM 2 - Annual Operating and Maintenance Cost $92,263.00 $49,730.92 Addendums Acknowledged 2 2 Bid Surety Provided Yes Yes

Motion was made by Steinburg, seconded by Hanks and carried to refer these bids to the Public Works Committee for review and recommendation. The following bids for No. CC0820901-04, Water Reclamation Facility Expansion Equipment Procurement – Centrifuges Project No. WRF01-1131 were opened on August 14, 2001:

SCHEDULE ITEM AND DESCRIPTION

ALFA LAVAL, INC.

ANDRITZ-RUTHNER,

INC.

CENTRISYS, INC.

WESTFALIA SEPARATOR,

INC. ITEM 1 - Furnish Two Centrifuges

(ALDEC 606) (D6L) (CS26-4) (CA635)

$906,000.00 $660,000.00 $722,000.00 $729,000.00

ITEM 1A - Deduct or Add for Approved Alternative Bid Item

NA ($31,000.00) NA $70,000.00

Meeting of the City Council August 20, 2001

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Motion was made by Steinburg, seconded by Hanks and carried to refer these bids to the Public Works Committee for review and recommendation. The following bids for Fifth Street Panel Repair, Texas to St. Patrick Street, Project STCM01-1055 were opened on August 16, 2001:

Schedule 1 Schedule 2 1) Stanley Johnsen Concrete (bond submitted) $276,186.10 $83,070.10 2) Heavy Constructors (bond submitted) $299,660.00 $90,757.00 Staff has reviewed the bids and recommends award of Schedule 1 to Stanley Johnsen Concrete. Motion was made by Steinburg, seconded by Hanks and carried to award the bid for STCM01-1055, Schedule 1, to Stanley Johnson Concrete, the lowest responsible bidder meeting specifications, based on their low unit prices bid, for a total contract amount of $276,186.10. The following bids for Mary Hall Park Bicycle Path Project PR01-1101 were opened on August 16, 2001: 1) Hills Materials (bond submitted)

Base Bid $68,566.60 Alt. No. 1 $ 9,111.40 Total $78,678.00

2) Simon Contractors (bond submitted)


3) J&J Asphalt (bond submitted)


Staff has reviewed the bids and recommends award to J&J Asphalt Company. Motion was made by Steinburg, seconded by Waugh and carried to award the bid for PR01-1101 to J&J Asphalt Company, the lowest responsible bidder meeting specifications, based on their low unit prices bid, for a total contract amount of $45,771.51. The following bids for Maple, Elk and Nevada Utility Reconstruction Project SSW01-884 were opened on August 16, 2001: 1) Hills Materials Company (bond submitted) $545,713.74 2) Mainline Contracting (bond submitted) $481,858.98 3) Rapid Construction (bond submitted) $597,421.08 Staff has reviewed the bids and recommends award to Mainline Contracting Company. Motion was made by Steinburg, seconded by Waugh and carried to award the bid for SSW01-884 to Mainline Contracting Company, the lowest responsible bidder meeting specifications, based on their low unit prices bid, for a total contract amount of $481,858.98. The following bids for One New Current Model Year Self-Propelled Ice Rink Surfacing Machine for the Recreation Division were opened on August 16, 2001:


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Gas Powered Electric 1) Zamboni Company (surety submitted) $54,950.00 $79,950.00 2) Becker Arena Products (surety submitted) $56,840.00 $92,550.00 Staff has reviewed the bids and recommends award of a gas powered model to Zamboni Company. Motion was made by Hanks, seconded by Rodriguez and carried to award the bid for an ice rink surfacing machine to Zamboni Company, the lowest responsible bidder meeting specifications, based on their low unit prices bid, for a total contract amount of $54,950. Mayor’s Items Mayor Munson presented the Citizen of the Month Award to John Miles and commended him for outstanding volunteer service to the community. Alderperson Items/Liaison Reports At the request of Alderman Ron Kroeger, Alison Stoeckmann gave a brief history of the Weed & Seed Program and a status report on how the program is working in the community. Alcoholic Beverage License Applications This was the time set for hearing on the application of Martom Management, Inc. dba Days Inn, 725 Jackson Boulevard, for an On-Sale Liquor License Transfer (from US Motels SD, Inc.). Upon motion made by Hadley, seconded by Murphy and carried, the Council approved the application. This was the time set for hearing on the application of South Dakota Vending, Inc. dba Happy Jacks Cambell Street, 1601 Cambell Street, for an On-Off Sale Malt Beverage License Transfer (from Jenco, Inc.). Upon motion made by Hadley, seconded by Murphy and carried, the Council approved the application. This was the time set for hearing on the application of South Dakota Vending, Inc. dba Happy Jacks Downtown, 713 Omaha Street, for an On-Off Sale Malt Beverage License Transfer (from Jenco, Inc.). Upon motion made by Hadley, seconded by Murphy and carried, the Council approved the application. This was the time set for hearing on the application of South Dakota Vending, Inc. dba Happy Jacks East, 909 E. St. Patrick Street, for an On-Off Sale Malt Beverage License Transfer (from Jenco, Inc.). Upon motion made by Hadley, seconded by Murphy and carried, the Council approved the application. This was the time set for hearing on the application of South Dakota Vending, Inc. dba Happy Jacks West, 1925 W. Main Street, Suite 1, for an On-Off Sale Malt Beverage License Transfer (from Jenco, Inc.). Upon motion made by Hadley, seconded by Murphy and carried, the Council approved the application. This was the time set for hearing on the application of Brinker Restaurant Corporation dba Chili’s Grill & Bar, 2125 N. Haines Avenue, for an On-Sale Liquor License Transfer (from Sydran Food Services, Inc.). Upon motion made by Hadley, seconded by Murphy and carried, the Council approved the application. The next item before the Council was an application submitted by Wyngard Pot-O-Gold Casino, Inc. dba Jackson Boulevard Casino, 2020 Jackson Boulevard, Suite 3, for an On-Off Sale Malt Beverage License Transfer. Motion was made by Hadley, seconded by Dreyer and carried to acknowledge the applicant’s withdrawal of this application.


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Upon motion made by Hadley, seconded by Steinburg and carried, the Finance Officer was directed to publish notice of hearing on the following applications, said hearings to be held on Tuesday, September 4, 2001: 14. Wal-Mart Stores, Inc. dba Wal-Mart Supercenter No. 1604, 1200 LaCrosse Street, for

an Off-Sale Liquor License (New License-No Video Lottery) 15. Restech Partners, Inc. dba TGI Fridays, 2205 North LaCrosse Street, for an On-Sale

Liquor License Transfer (from Wal-East Development, Inc.) Consent Calendar Items The following items were removed from on the Consent Calendar: 36. No. 01CA023 – Approve a Comprehensive Plan Amendment to the Major Street Plan

as requested by Leo Hamm Family Ranch, LLC for the proposed removal of the minor arterial road and revise the location of the western (north-south) minor arterial in Section 28, T1N, R7E, BHM, from the Major Street Plan.

42. No. 01AN010 - Request by City of Rapid City for a Resolution of Annexation on Tract AR2 of Needles Subdivision, Lot A of Tucker Subdivision, Tract A of Meadow View Subdivision, the 40 foot wide Tucker Street ROW located in the SE1/4 NW1/4 NW1/4, and that portion of SE1/4 NW1/4 NW1/4 lying east of U.S. Highway 16 less right of way, all located within Section 26, T1N, R7E, BHM, Pennington County, South Dakota, located northeast of the intersection of U.S. Highway 16 and Catron Boulevard.

44. No. 01AN015 - Direct staff to proceed with a proposal for annexation of property located off Deadwood.

Motion was made by Johnson, seconded by Hadley and carried to approve the following as they appear on the Consent Calendar: Set for Hearing (September 4, 2001) 16. No. 01PD045 - A request by Dream Design International, Inc. for a Planned

Residential Development - Initial and Final Development Plan on SE1/4 SE1/4 Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located at the northwest corner of the intersection o f Country Road and Nike Road.

17. No. 01PD046 - A request by Hagg Development for a Major Amendment to a Planned Unit Development on Lots 6RA, 6RB, 7RA, 7RB, 8RA, 8RB and 9R of Block 2 (formerly Lots 6, 7, 8 & 9 of Block 2) Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Catron Boulevard and Wellington Drive.

18. No. 01PD047 - A request by Richard O. Stahl for a Planned Residential Development - Final Development Plan on Lots 1-5 of Stahl Victorian Addition (formerly Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition) of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota , located at the southwest corner of the intersection of West Street and South Street.

19. No. 01PD048 - A request by Geiger Architecture for Rapid City School District, West River Electric Association, William C. Gikling, and the State of South Dakota Department of Transportation for a Planned Development Designation on Lot 1, Less Lot H-1, Lot 2 and Lot 3 less Lot H-1, all in Block Two (2), Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 1, less the H lot in Lot 1, 2, 3 and 4 less the H-lot in Lot 4, in Block 1 of the Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 6 less the H lot in Lot 6, 7, 8 and 9 less the H-lot in Lot 9, in Block 1 of the Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot 2 of Lot D in NW1/4 of NE1/4; Lot C, School lot and lot RS all in Johnson School Subdivision in NW1/4 of NE1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot A of Lot 1 of Lot D, and Lot B of Lot 1 of Lot D, and Lot B,


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all in the NW1/4 NE1/4; and Lot A less the H lot in Lot A of the NE1/4 NW1/4 and Lot A less the H lot in Lot A of the NW1/4 NE1/4, all in Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of S.D. Highway 44 and Twilight Drive.

20. No. 01UR044 - A request by M & K Consulting for Western Wireless Corp. for a Use On Review to allow a Cellular Communication Tower in the General Commercial Zoning District on Lot CR of Blocks 12-13, Providence Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2449 West Chicago Street.

21. No. 01UR045 - A request by Paul J. Bradsky for Wal-East Development, Inc. for a Use On Review to allow an On-Sale Liquor Establishment in conjunction with a full-service restaurant in the General Commercial Zoning District on Lot 1 Revised of Wisdom Subdivision, Section 30, 2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2205 North LaCrosse Street.

22. No. 01UR046 - A request by Randy and Bobbie Greenway for a Use On Review to allow a private residential garage in excess of 1000 square feet in the Low Density Residential Zoning District on Lot 3R Revised and Lot 4R Revision #2, Block 5, Canyon Lake Heights Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota , located at 3204 Falls Drive.

23. No. 01UR047 - A request by Terrell Adams for a Use On Review to allow a private residential garage in excess of 1000 square feet in the Medium Density Residential Zoning District on Lot 10, Madison's Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4385 Haines Avenue.

Public Works Committee Items 24. No. PW081501-01 – Award the Base Bid for PR01-1001, Little League Ballfield

Lighting Project to the lowest responsible bidder meeting specifications, Muth Electric, Inc. for the low unit prices bid for a total contract amount of $385,388.

25. No. PW081501-02 – Award the One (1) New Current Model Year Cargo Van for the Engineering Division to the responsible bidder meeting specifications, Gold Key GMC for the low unit price bid for a total contract amount of $23,100.

26. No. PW081501-03 – Approve Change Order No. 03F for W00-895, Highland Park Drive Street & Utility Reconstruction Project to Heavy Constructors, Inc. (dba Excavating Specialists) for a decrease of $33,708.42.

27. No. PW081501-04 – Approve Change Order No. 04 for IDP00-1008, Rapid City Club for Boys, Inc. Expansion 2000 to Heavy Constructors (dba Gustafson Builders) for an increase of $10,451.56.

28. Authorize staff to advertise for bids for Magnesium Chloride (MGCL2) Liquid Road Deicer.

29. No. PW081501-05 – Authorize staff to advertise for bids for Two (2) New Current Model Year Skid Steer Loaders for Street Division.

30. No. PW081501-06 – Authorize staff to advertise for bids for ST01-812, Sycamore Street Reconstruction Project.

31. No. PW081501-07 – Authorize staff to advertise for bids for W01-1058, Golden Eagle Drive Watermain Construction Project.

32. No. PW081501-08 – Authorize the Mayor and Finance Officer to sign Amendment No. 02 to a Professional Service Agreement with TSP Three, Inc. to Design W00-956, Canyon Lake Drive Water Transmission Relocation & Utility Adjustment Project for an amount not to exceed $1,350.

33. No PW081501-09 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with Dream Design International, Inc. to Provide Construction Services for SS01-1086, Red Rock Estates Sanitary Sewer Lift Station Project for an amount not to exceed $20,400.

34. No. 01VE013 – Approve a Vacation of Utility Easement for petitioners Brice and Ruth

Denton located at 2650 Covington Street.


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RESOLUTION OF VACATION OF UTILITY EASEMENT

WHEREAS it appears that a portion of the utility easement located on Lot 8 of Block 3 of H & H Estates Subdivision of Lot W, Section 10, T1N, R8E, BHM, Pennington County, South Dakota are not needed for public purposes; and WHEREAS the owner of said property desires said portion of utility easement to be vacated and released NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the portion of the utility easement heretofore described, and as shown on Exhibit A attached hereto, be and the same is hereby vacated. BE IT FURTHER RESOLVED that the Mayor and Finance Officer are hereby authorized to execute a release of easement in regard thereto. Dated this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL)

35. No. 01VE008 – Approve a Vacation of Utility and Minor Drainage Easements for petitioner Fisk Land Surveying for Harmony Heights Associates located at 1851 Harmony Heights Lane.

RESOLUTION OF VACATION OF MINOR DRAINAGE AND UTILITY EASEMENT

WHEREAS it appears that utility and minor drainage easements located Tracts A and B of Fountain View Subdivision, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota are not needed for public purposes; and WHEREAS the owner of said property desires said utility and minor drainage easements to be vacated and released NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the utility and minor drainage easements heretofore described, and as shown on Exhibit A attached hereto, be and the same are hereby vacated. BE IT FURTHER RESOLVED that the Mayor and Finance Officer are hereby authorized to execute a release of easement in regard thereto. Dated this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL)

37. No. PW081501-10 Approve an Assessment Project for Pine Street between Farnwood

Avenue to Latrobe Street.


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38. Approve a travel request for Dan Bjerke, Public Works Director to attend the Water Environment Federation 74th Annual Conference & Exposition in Atlanta, GA, October 13 - 17, 2001 in the amount of $2,200.

Legal & Finance Committee 39. No. LF081501-01 - Authorize Mayor and Finance Officer to Sign Contract for

Professional Services with State of South Dakota, Office of the State Fire Marshall. 40. No. LF081501-02 – Approve travel request for David Christie and Todd "TJ" Nicolai to

attend Hazardous Materials Technician Classes in Pueblo, CO, from 8/20 through 8/31 in the Amount of $6,082.48.

41. No. LF081501-03 – Approve travel request for Randy Rearick to attend ARFF Chiefs' School & Airport Emergency Response School in Palm Springs, CA, from 10/21/01 through 10/27/01 in the Amount of $2,311.

43. No. 01TI003 – Approve the request by City of Rapid City for a Resolution Dissolving Tax Increment District No. 25 on the following property: E1/2 NE1/4, Section 16, T1N, R7E, BHM, containing 80 acres more or less; and Lot 3 Pine View Terrace Subdivision, containing 6.222 acres more or less; and Lot 2 less Lot H1, Pine View Terrace Subdivision, containing 27.549 acres more or less; and Tract 2 & Tract 4, Pine View Terrace Subdivision, containing 36.470 acres more or less; and W1/2 NE1/4 SE1/4, Section 16, T1N, R7E, BHM, containing 20 acres more or less; and Lot 1, Pine View Terrace Subdivision, containing 3.220 acres more or less; and SE1/4 SE1/4 less Lot 1, Section 16, T1N, R7E, BHM, containing 36 acres more or less; and Lot 1 of SE1/4 SE1/4, Section 16, T1N, R7E, BHM, containing 3.00 acres more or less; and N1/2 NW1/4 NE1/4 less Lot in Block 1-3 of Parkridge Village, Section 16, T1N, R7E, BHM, containing 12.150 acres more or less; and Balance of W1/2 NE1/4 less Lot 1, Section 16, T1N, R7E, BHM, containing 23.340 acres more or less; and Lot 1 of SW1/4 NE1/4, Section 16, T1N, R7E, BHM, containing 3.030 acres more or less; and Lot C of E1/2 SW1/4 Section 16, T1N, R7E, BHM, containing 8.00 acres more or less; and N200’ of S940’ of W450’ of Tract A SE1/4 SW1/4, Section 16, T1N, R7E, BHM, containing 2.070 acres more or less; and Tract A in SE1/4 SW1/4 less N200’ of S940’ of W450’, Section 16, T1N, R7E, BHM, containing 28.34 acres more or less; and E1/2 NE1/4 SE1/4, Section 16, T1N, R7E, BHM, containing 20 acres more or less; all located in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Corral Drive and west of Arrowhead Country Club.

A RESOLUTION DISSOLVING TAX INCREMENT DISTRICT

NUMBER TWENTY-FIVE CITY OF RAPID CITY

WHEREAS the City of Rapid City created Tax Increment District Number Twenty-five on July 28, 1993; and, WHEREAS all expenditures have been made in accordance with the adopted amended project plan for Tax Increment District Number Twenty-five adopted on July 28, 1993; and, WHEREAS the City Council of the City of Rapid City is authorized to dissolve this Tax Increment District pursuant to SDCL 11-9-46 NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that Tax Increment District Number Twenty-five be, and the same hereby is, dissolved. BE IT FURTHER RESOLVED that any funds which have accrued to the Tax Increment District Number Twenty-five, pursuant to SDCL 11-9-31, be distributed as provided by SDCL 11-9-45.


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Dated this 20th day of August, 2001. THE CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL)

45. No. 01TP008 - Authorize Mayor and Finance Officer to sign Amendment No. 1 to

Agreement 310734 between South Dakota Department of Transportation and the City of Rapid City for a contract funding increase in the amount of $70,000.

46. Reject all bids for surplus property located at 531 East Philadelphia Street. 47. No. LF081501-07 – Approve Resolution Fixing Time and Place for Hearing on

Assessment Roll for Property Cleanup.

RESOLUTION FIXING TIME AND PLACE FOR HEARING ON ASSESSMENT ROLL FOR PROPERTY CLEANUP

BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The assessment roll for Property Cleanup was filed in the Finance Office on the

20th day of September, 2001. The City Council shall meet at the City/School Administration Center in Rapid City, South Dakota, on Monday, September 17, 2001 at 7:00 P.M., this said date being not less than twenty (20) days from the filing of said assessment roll for hearing thereon.

2. The Finance Officer is authorized and directed to prepare a Notice stating the

date of filing the assessment roll, the time and place of hearing thereon, that the assessment roll will be open for public inspection at the Office of the Finance Officer, and referring to the assessment roll for further particulars.

3. The Finance Officer is further authorized and directed to publish notice in the

official newspaper one week prior to the date set for hearing and to mail copy thereof, by first class mail, addressed to the owner or owners of any property to be assessed at his, her or their last mailing address as shown by the records of the Director of Equalization, at least one week prior to the date set for hearing.

Dated this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL)

48. No. LF081501-08 - Authorize Mayor and Finance Officer to sign Employee Assistance

Program Agreement. 49. No. LF081501-09 – Approve travel request for Adam Altman to Attend IMLA's 66th

Conference in New Orleans, LA, from September 9, 2001, through September 12, 2001 in the Amount of $2,415.

50. LF081501-10 – Approve the following Abatements: Steve H. or Sheila F. Hahn, 2001, $361.62; Sharon L. and Chalmers L. Porter, Jr., 2000, $1,317.40.


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51. Approve the following Licenses: Residential Contractor: Larry Olson Construction, Larry Olson; Tipton Construction & Dirt Works, Charles C. Tipton Jr. & Scott Tipton; Trenching Journeyman: Roy Aitken, Doyle Everson, Rick Fornwald, Darin Haeder.

52. Approve Change Order No. 01F for New Rescue Vehicle for a decrease of $500. 53. Approve a travel request for the Mayor and Council members to attend the National

League of Cities Conference in Atlanta, GA, from December 4-9, 2001, at an approximate cost of $15,326.

54. Approve the Mayor’s appointment of the following individuals to the Civic Center Committee to Assess Options: Alan Hanks, Tom Johnson, Gary Brown, Karen Waltman and Jim Preston.

Raffle 55. No. CC082001-01 – Borgund Lodge 1-532, Sons of Norway, Raffle to be held on

November 17, 2001. 56. No. CC082001-02 – Rapid City Chapter of Ducks Unlimited, Raffle to be conducted on

September 8, 2001 End of Consent Calendar The next item discussed by the council was proposed annexation of property along Deadwood Avenue. Motion was made by Kroeger, seconded by Murphy and carried to direct staff to proceed with a proposal for annexation of property located off Deadwood Avenue (No. 01AN015). Public Hearings The Mayor presented No. 01CA023, a Comprehensive Plan Amendment to the Major Street Plan as requested by Leo Hamm Family Ranch, LLC for the proposed removal of the minor arterial road and revise the location of the western (north-south) minor arterial in Section 28, T1N, R7E, BHM, from the Major Street Plan. The following Resolution was introduced, read and Kroeger moved its adoption:

RESOLUTION

A RESOLUTION APPROVING MAJOR STREET PLAN REVISIONS WHEREAS the Major Street Plan must be current and periodically revised in order to be an effective planning document; and WHEREAS revisions to the Major Street Plan have been drafted based on the research and study of the City of Rapid City Staff with input from the City Planning Commission and City Council; and WHEREAS state law provides for amendments and additions to portions of the comprehensive plan of which the Major Street Plan is a part thereof; and WHEREAS the Rapid City Planning Commission has carefully considered the amendments to the Major Street Plan, and held public hearing in accordance with SDCL 11-6-17, and has recommended approval to the Rapid City Council; and WHEREAS the Rapid City Council has also carefully considered the amendments to the Major Street Plan, and has also held a public hearing in accordance with SDCL 11-6-18; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF RAPID CITY that the attached amendment to the Major Street Plan for the City of Rapid City be, and is hereby, approved with the removal and relocation of the minor arterial road that is proposed to connect


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Sheridan Lake Road with the proposed extension of Carriage Hills Drive in Section 28, T1N, R7E, BHM, Pennington County, South Dakota. DATE: August 20, 2001 THE RAPID CITY COUNCIL ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for adoption of the foregoing Resolution was seconded by Hanks. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The Mayor presented No. 01AN010, a request by City of Rapid City for a Resolution of Annexation of the following property, located northeast of the intersection of U.S. Highway 16 and Catron Boulevard:

RESOLUTION ANNEXING THE WITHIN DESCRIBED TERRITORY WHEREAS, the City Council of the City of Rapid City has conducted a study pursuant to SDCL 9-4-4.1 to determine the need for annexing the within described territory contiguous to the City of Rapid City and to determine and identify the territory, which study includes a document entitled “Annexation Study of Phase 3 Robbinsdale to South Truck Route Annexation Area,” filed in the office of the City Finance Officer; and, WHEREAS said study recommends that certain territory described therein, and legally described in this resolution, be annexed to and included within the boundaries of the City of Rapid City,

WHEREAS the City Council of the City of Rapid City conducted a public hearing at the City/School Administration Center, 300 Sixth Street, Rapid City, South Dakota at 7:00 p.m. on the 16th day of July, 2001, and adopted a Resolution entitled, “A Resolution Declaring Intent to Extend the Boundaries of the City of Rapid City by Annexing the Within Described Territory”; and,

WHEREAS the Pennington County Board of County Commissioners approved this Resolution of Annexation at the Pennington County Court House, Rapid City, South Dakota, at 9:00 a.m. on the 7 th day of August 2001; and,

WHEREAS the City Council of the City of Rapid City held a public hearing to consider the adoption of this Resolution of Annexation at the City/School Administration Center, 300 Sixth Street, Rapid City, South Dakota, at 7:00 p.m. on the 20th day of August 2001.

NOW, THEREFORED, BE IT RESOLVED by the City of Rapid City that the City Council of the City of Rapid City finds as follows: 1. That the territory to be annexed generally consists of 32 acres and includes platted

and unplatted lands in Section 26 of Township One (1) North, Range Seven (7) East, of the Black Hills Meridian, all located in Pennington County, South Dakota.

2. That ample and suitable resources exist to accommodate the orderly growth and

development of said territory and that municipal utilities and a major street network are, and have been, considered in terms of the proposed boundary extension.


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3. That the following is the timetable upon which municipal service will be extended into said territory:

TIMETABLE

A. GENERAL SERVICES. All services provided by the City, except as set forth below,

will be provided to the annexed area on the same basis such services are provided to the rest of the City upon annexation.

B. POLICE. All services provided by the Rapid City Police Department will be extended

to the annexed area upon annexation on the same basis such services are provided to the rest of the City.

C. FIRE. All services provided by the Rapid City Fire Department will be extended to the

annexed area upon annexation on the same basis such services are provided to the rest of the City.

D. WATER SERVICE. Water service, substantially equivalent in standard and scope to

such service provided to the rest of the City, will be made available to the annexed area upon annexation, on the following basis:

(1) Acceptance of additions. The City will accept into its system for operation and maintenance additional water service facilities constructed in accordance with City standards. Additions may be constructed by developers as future development takes place, by private parties constructing such additions after notice to the City and in compliance with City standards, or by the City under a resolution of necessity therefor. (2) Construction of additions by the City. The City shall, within thirty (30) days after receipt by the Finance Officer of a written request therefor signed by one or more owners of land located in the annexed area, undertake all such proceedings authorized by SDCL 9-48 as may be necessary and appropriate to permit:

(a) the construction of such water lines as may be necessary and appropriate to serve such land; and (b) the assessment of the costs thereof as provided by law.

Such actions shall be undertaken in good faith and with all due dispatch; the City shall conduct all proceedings necessary for the adoption of a resolution of necessity within six (6) months from the date of receipt of written request; such improvements shall be constructed within two (2) years after the effective date of the resolution of necessity unless delayed by legal challenge. The written request need be in no particular form but need merely convey in good faith the nature of the request, the description of the land to be served, and the name of the person making the request. Nothing in the foregoing shall be construed as obligating the City to construct any water service facilities at City expense; however, the City in its sole discretion may choose to participate in the cost of constructing all or any part of such facilities. Nothing in the foregoing shall be construed as obligating the City to accept for operation or maintenance any water line extending from individual properties to the City system. Such individual service lines shall, as elsewhere in the City, be the responsibility of the owner of such individual property.


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E. SEWER SERVCE. Sewer service, substantially equivalent in standard and scope to such service provided to the rest of the City, will be made available to the annexed area upon annexation on the following basis:

(1) Acceptance of Additions. The City will accept into its system for operation and

maintenance such additional sewer lines constructed in accordance with City standards. Such additions may be constructed by developers as further development takes place, by private parties constructing such additions after notice to the City and in compliance with City standards, or by the City under a resolution of necessity therefor.

(2) Construction of additions by the City. The City shall, within thirty (30) days after

receipt by the Finance Officer of a written request therefor signed by one or more owners of land located in the annexed area, undertake all such proceedings authorized by SDCL 9-48 as may be necessary and appropriate to permit:

(a) the construction of such sewer lines as may be necessary and appropriate to serve such land; and (b) the assessment of the costs therefor as provided by law.

Such actions shall be undertaken in good faith and with all due dispatch; the City shall conduct all proceedings necessary for the adoption of a resolution of necessity within six (6) months from the date of receipt of written request; such improvements shall be constructed within two (2) years after the effective date of the resolution of necessity unless delayed by legal challenge. The written request need be in no particular form but need merely convey in good faith the nature of the request, the description of the land to be served, and the name of the person making the request. Nothing in the foregoing shall be construed as obligating the City to construct any sewer service facilities at City expense; however, the City in its sole discretion may choose to participate in the cost of constructing all or any part of such facilities.

Nothing in the foregoing shall be construed as obligating the City to accept for operation or maintenance any sewer line extending from individual properties to the City system. Such individual service lines shall, as elsewhere in the City, be the responsibility of the owner of such individual property.

F. STREETS. Street maintenance, sweeping, snow removal and roadside mowing shall

be provided for future public streets within the annexed area on the same basis as such services are provided to the rest of the City upon annexation.

G. SOLID WASTE COLLECTION AND DISPOSAL. Within sixty (60) days after

annexation the City will determine by ordinance whether the annexation area or any portion thereof is to be included within the Garbage Service District. In any area included within the Garbage Service District solid waste collection and disposal will be provided on the same basis and at the rates provided by ordinance. (Solid waste collection services provided by the City are limited to residential structures.)

In any event, within sixty (60) days after receipt by the City Finance Officer of a written request for such service signed by more than 50% of the residents of the annexation area, solid waste collection and disposal service will be provided to the annexation area on the same basis as such services are provided to the Garbage Service District.


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Such written request need be in no particular form but need only convey in good faith the request being made and the name of the persons making the request. Nothing shall preclude the City from accepting petitions from less than the entire area or serving only a portion of the annexation area. Use of the City Landfill will be available to residents of the annexed area upon annexation on the same basis such use is made available to the rest of the City.

H. PARKS AND RECREATION. All services provided by the Parks and Recreation

Department shall be made available to the residents of the annexed territory on the same basis such services are provided to the rest of the City upon annexation.

I. LIBRARY. All services provided by the Rapid City Public Library shall be made

available to the residents of the annexed territory on the same basis such services are provided to the rest of the City upon annexation.

4. That the appropriate costs of the extended service to the residents of the said territory

and to the City are as follows:

APPROXIMATE COSTS A. GENERAL SERVICES. All services as set forth in Paragraph A of the Timetable may

be provided to the annexed area without discernible additional cost to the residents of the annexed area or to the City of Rapid City; provided, however, that the use of services requiring the payment of fees shall be provided in return for payment of such fees in accordance with the applicable ordinances and regulations.

B. POLICE. All services provided by the Rapid City Police Department will be extended to the annexed area. The costs to the City are negligible.

C. FIRE. All fire suppression services are now provided by the Whispering Pines rural

Fire Protection District through the Whispering Pines Volunteer Fire Department. Upon annexation the Rapid City Fire Department will provide emergency services (including fire suppression, medical/rescue services, and hazardous material handling) and non-emergency services (including fire inspection/investigation and public education). The cost to the City will be negligible. The Rapid City Department of Fire and Emergency Services South Station equipment and personnel can meet the initial needs of the territory. A new station on U.S. Highway 16 is scheduled to be constructed in the year 2002.

D. WATER. The City’s water system is operated on an enterprise fund basis, i.e., the

revenue produced from water service charges are used to provide water supply and to maintain the system. The cost, not including costs to be assessed as set forth below, to the residents of the annexed area and other water users for water supply and system maintenance would be the monthly water service charges prescribed by ordinance for users of the system. The cost to the City for any given period is necessarily speculative but in the long run would be roughly equivalent to the revenue generated from water service charges. Revenues and expenditures associated with the annexed area would not be separated from the enterprise fund for the entire system.

Costs for constructing additions to the City’s water system will be assessed according to law, if constructed by the City, or will be paid by the developer or other persons constructing such additions. Connection charges to the existing water and sewer system will be pursuant to the adopted “Resolution of Necessity.”


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The rate charged will be reduced to one time the City rate effective at first billing that occurs at least fifteen (15) days after annexation becomes effective.

E. SEWER. The City’s sewer system is operated on an enterprise fund basis, i.e., the

revenue produced from sewer service charges are used to collect and treat wastewater and sewage and to maintain the system. The cost, not including costs to be assessed as set forth below, to residents of the annexed area and other users for collection, transportation, treatment and system maintenance would be the monthly sewer service charges prescribed by ordinance for users of the system. The cost to the City for any given period is necessarily speculative but in the long run would be roughly equivalent to the revenue generated from sewer service charges. Revenues and expenditures associated with the annexed area would not be separated from the enterprise fund for the entire system.

All costs for constructing additions to the City’s sewer system will be assessed according to law, if constructed by the City, or will be paid by the developer or other persons constructing such additions. Costs to the City do not include any estimated costs for acquisition of easements. Typically such easements are obtained for nominal consideration, particularly when the costs are to be assessed. To the extent the typical does not apply and the use of eminent domain is necessary, the resulting costs are highly speculative. City costs also do not include the cost of constructing the private service lines from the City’s system to individual properties. Construction of such lines and the subsequent maintenance thereof are the responsibility of the individual property owners. Tap fees and permit fees are prescribed by ordinance. Such charges are roughly equivalent to the City’s cost and are paid by the user. The rate charged will be the City rate effective at first billing that occurs at least fifteen (15) days after annexation becomes effective.

F. STREETS. Paved streets are repaired as necessary. Asphalt streets are repaired only as required when pot holes, alligatoring or like problems make repairs necessary.

Streets developed as public streets within the subject territory will receive repair, sweeping, snow removal, traffic controls, street lighting and road side mowing on the same basis as the rest of the City. Costs will be dependent on the future street system.

G. SOLID WASTE COLLECTION AND DISPOSAL. The City’s sanitation system is

operated on an enterprise fund basis. The sanitation system serves only residential occupancies. Some areas of the City presently are not included in the Garbage Service District at the request of the residents of those areas. If the annexed area is included within the Garbage Service District the cost to the residents would be the garbage service charges prescribed by ordinance, currently at the rate of $11.57 per month per household.

The rates for garbage collection and disposal service are designed to be roughly equivalent to the long-run cost to the City of providing such service. No short-run capital expense as a result of service to the annexed area is anticipated. The cost of providing use of the City’s landfill to users outside the Garbage Service District is roughly equivalent to the fees charged therefor. Residential users employing the services of a collector licensed by the City are entitled to use of the Landfill without additional charge.


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H. PARKS AND RECREATION. All services provided by the Parks and Recreation Department will be provided to the residents of the annexed area with no discernible additional cost to the City or the residents of the annexed area.

I. LIBRARY. All services provided by the Rapid City Public Library will be provided to

the residents of the annexed area with no discernible additional cost to the City or the residents of the annexed area.

J. The foregoing notwithstanding, the residents of the annexed area will be subject to all

of the various fees and charges provided by ordinance, regulations, or administrative action for numerous services provided by the City. The incidence of such charges is highly speculative and largely within the choice of the person to be charged. Examples of such charges range from building permit fees to library book fines, from xerox copy charges to charges for swimming pool passes.

K. All of the cost estimates set forth herein are based on 2001 costs. 5. That the estimated difference in the 2001 tax assessment rate applied to an owner

occupied property within the subject territory upon annexation would be the addition of the City of Rapid City levy of 3.4252 mills and elimination of the combined Fire Administration, Library and unorganized road levy of 1.7234 mills and the Whispering Pines Fire levy of 0.4374 mills. The total levy would therefore increase by 1.2644 mills, an estimated 7.15%.

That the estimated difference in the 2001 tax assessment rate applied to a non agricultural property within the subject territory upon annexation would be the addition of the City of Rapid City levy of 3.4252 mills and elimination of the combined Fire Administration, Library, and unorganized road levy of 1.7234 mills and the Whispering Pines Fire levy of 0.4374 mills. The total levy would therefore increase by 1.2644 mills, an estimated 4.81%.

6. That exclusions or irregularities in boundary lines are not the result of arbitrariness but

are based upon existing city limit lines, existing features, existing property boundaries, and existing occupancies and uses.

7. That there is reasonable present and demonstrable future need for annexing said

territory. 8. That population and census data indicate that the City has and may experience growth

or development beyond its present boundaries. 9. That there exists a commonality between the within described territory and the existing

City of Rapid City. 10. That there are no significant physical barriers between the within described territory

and the existing City of Rapid City. 11. That annexation of the within described territory to the City of Rapid City will result in a

more compact, integrated City. BE IT FURTHER RESOLVED by the City of Rapid City that the following described territory be and is hereby annexed to and included within the boundaries of the City of Rapid City:

Tract AR2, Needles Subdivision, Section 26, Township One (1) North, Range Seven (7) East, Black Hills Meridian, Pennington County, South Dakota;


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Lot A, Tucker Subdivision, Section 26, Township One (1) North, Range Seven (7) East, Black Hills Meridian, Pennington County, South Dakota; Tract A, Meadow View Subdivision, Section 26, Township One (1) North, Range Seven (7) East, Black Hills Meridian, Pennington County, South Dakota; Forty (40) Foot Wide Tucker Street Right-of-way located in the SE1/4 NW1/4 NW1/4, Section 26, Township One (1) North, Range Seven (7) East, Black Hills Meridian, Pennington County, South Dakota; That portion of SE1/4 NW1/4 NW1/4 lying East of U.S. Highway 16 less ROW, Section 26, Township One (1) North, Range Seven (7) East, Black Hills Meridian, Pennington County, South Dakota;

DATED this 20th day of August 2001. THE CITY COUNCIL OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for adoption of the foregoing Resolution was seconded by Murphy. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The next hearing before the Council was Proposed Uses for the Local Law Enforcement Block Grant received by the Rapid City Police Department and the Pennington County Sheriff’s Office from the Department of Justice, in the amount of $154,916. Chief of Staff Dick Talley explained that this hearing is an opportunity for the public to give input on the use of these funds. No oral or written comments were received. Motion was made by Kroeger, seconded by Hanks and carried to approve the grant. The Mayor presented a request of Western Wireless Corporation to enter into a lease of the following property: Tract A of Tract 1 located in the SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota. This item was continued from a special Council meeting held on August 1, 2001. Elkins recommended that this hearing be continued so that it can be held at the same time as the public hearing on the requested use on review. Motion was made by Kroeger, seconded by Hanks and carried to continue this hearing until October 1, 2001. Planning Department Consent Items Motion was made by Kroeger, seconded by Hadley and carried to approve the following items in conjunction with the recommendation contained in the Council packet: 58. No. 00PL055 – Approve the request by Wyss Associates for B.E. Development for a

Final Plat located at the east end of Harney Road.

RESOLUTION APPROVING PLAT WHEREAS a Plat of Lots 1 through 11 of Block 2 Skyview North Subdivision (formerly a portion of the unplatted balance of the E1/2 SE1/4 of Section 10, T1N, R7E, BHM), located in the NE1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, was filed with the Finance Officer for the purpose of examination and approval by the governing body, and


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WHEREAS it appears that the system of streets set forth therein conforms with the system of streets of the existing plats of the City, that all provisions of subdivision regulations have been complied with, that all taxes and special assessments upon the property have been fully paid, and that such plat and the survey thereof have been executed according to law. NOW, THEREFORE, BE IT RESOLVED that the Plat of Lots 1 through 11 of Block 2 Skyview North Subdivision (formerly a portion of the unplatted balance of the E1/2 SE1/4 of Section 10, T1N, R7E, BHM), located in the NE1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, be, and the same is hereby approved and the Finance Officer of Rapid City is hereby authorized to endorse on such plat a copy of this Resolution and certify to its correctness. Dated at Rapid City, South Dakota, this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL)

59. No. 00PL100 - A request by Rick Kahler for South Elm Development LLC for a Layout, Preliminary and Final Plat on Lot BR and Lot C of the N1/2 of Government Lot 4 (formerly a portion of Lot B of the N1/2 of Government Lot 4) located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located approximately 1/4 mile south of the intersection of Minnesota Street and Parkview Drive. (DENY WITHOUT PREJUDICE)

60. No. 00PL127 - A request by Dream Design, Inc. for Doyle Estes for a Preliminary &

Final Plat on Tract B of Neff's Subdivision No. 4 located in the unplatted portion of the S1/2 NW1/4 SW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Race Track Road and Elk Vale Road. (CONTINUE TO SEPTEMBER 4, 2001)

61. No. 00PL133 - A request by ETS, Inc. for a Layout Plat on Lot 1, Lot 2, and Lot 3 of

Tract 4 of Bradsky Subdivision No. 2 in the NW1/4 SW1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the east of Cambell Street north of East St. James Street. (APPROVE WITH THE FOLLOWING STIPULATIONS: 1) Upon Preliminary Plat submittal, a topographic survey by a licensed surveyor and grading plans shall be submitted for review and approval; 2) Upon Preliminary Plat submittal, a drainage plan in accordance with the Knollwood Drainage Basin Development Plan shall be submitted for review and approval. In addition, a hydraulic analysis on Lot 2 shall be submitted for review and approval; 3) Prior to Final Plat approval, drainage easement(s) shall be shown on the plat as required by the Engineering Division; 4) Upon Preliminary Plat submittal, water and sewer plans shall be submitted for review and approval; 5) Upon Preliminary Plat submittal, complete engineering plans as specified in Section 16.20.040 of the Rapid City Municipal Code shall be submitted for review and approval; 6) Upon Preliminary Plat submittal, access to Lot 3 shall be revised to provide a minimum 45 foot wide access easement and/or right-of-way to the property; 7) Prior to Final Plat approval, the access road to Lot 3 shall be built to lane place standards with minimum a 20 foot wide paved surface, curb, gutter and sidewalk(s); 8) Prior to Final Plat approval, Campbell Street and Creek Drive shall be built to arterial street standards with curb, gutter and sidewalk(s); 9) Prior to Final Plat approval, the plat shall be revised dedicating an additional 17 feet of right-of-way along the south 403 feet of Lot 2 as it abuts Creek Drive; 10) Upon Preliminary Plat submittal, proposed approach locations


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along Creek Drive and Campbell Street shall be submitted for review and approval; 11) Prior to Final Plat approval, non-access easements shall be shown along Campbell Street and Creek Drive accept for the approved approach location(s); 12) Prior to Final Plat approval, Use on Review #1477 to allow an outdoor recreation facility and structures in the Flood Hazard District shall be revoked; 13) Prior to Final Plat approval, a subdivision estimate form shall be submitted and all subdivision inspection fees paid; and, 14) Prior to Final Plat approval, surety for any required subdivision improvements that have not been completed shall be posted.)

62. No. 01PL009 - A request by James Letner for a Final Plat on Lots 1 and 2 and dedicated R.O.W. of Debra Subdivision, (formerly Lots B & C of Lot 2 of OutLot 2 of the SE1/4 of the SW1/4 of Section 4, T1N, R7E, BHM and a portion of Debra Drive R.O.W.) located in the SE1/4 of the SW1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Clifton Street and Debra Drive. (CONTINUE TO SEPTEMBER 4, 2001)

63. No. 01PL033 - A request by Renner & Sperlich Engineering for Gustafson Builders for

a Final Plat on Lot 2 of Old Rodeo Subdivision located in the N1/2 of the SW1/4 of Section 26, T1N, R7E, BHM, Pennington County, South Dakota , located one quarter mile south of South Highway 16 and Catron Boulevard. (CONTINUE TO SEPTEMBER 4, 2001)

64. No. 01PL041 – Approve the request by FMG for William Freytag for a Final Plat

located west of Mall Ridge.

RESOLUTION APPROVING PLAT WHEREAS a Plat of Lots 10 through 22 of Block 1, Lots 19 through 23 of Block 3, Lots 1 through 5 of Block 4, Lots 1 of Block 5 of Tyler Knue Subdivision and dedicated public right-of-way all located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, was filed with the Finance Officer for the purpose of examination and approval by the governing body, and WHEREAS it appears that the system of streets set forth therein conforms with the system of streets of the existing plats of the City, that all provisions of subdivision regulations have been complied with, that all taxes and special assessments upon the property have been fully paid, and that such plat and the survey thereof have been executed according to law. NOW, THEREFORE, BE IT RESOLVED, that the Plat of Lots 10 through 22 of Block 1, Lots 19 through 23 of Block 3, Lots 1 through 5 of Block 4, Lots 1 of Block 5 of Tyler Knue Subdivision and dedicated public right-of-way all located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota , be, and the same is hereby approved and the City Finance Officer is hereby authorized to endorse on such plat a copy of this Resolution and certify to its correctness. Dated at Rapid City, South Dakota, this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL)

66. No. 01PL054 - A request by Dream Design, Inc. for Big Sky LLC for a Preliminary

and Final Plat on Lots 2-8, Block 13; Lots 2-5, Block 14; Tract A; and Dedicated


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Streets, Big Sky Subdivision, located in the SE1/4 NW1/4 and NE1/4 NW/14 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; excepting Lot 1 on Block 13 and Lot 1 in Block 14 of Big Sky Subdivision and Dedicated Public Rights of Way (Big Sky Drive and DeGeest Street), as shown on the plat filed in Plat Book 29, Page 154, located at the northern terminus of DeGeest Street. (APPROVE the Preliminary Plat with the following stipulations, and continue the Final Plat until September 4, 2001: 1) Prior to Preliminary Plat approval by the City Council, drainage plans shall be submitted for review and approval of the Pennington County Drainage Engineer and the Engineering Division; 2) Prior to Final Plat approval by the City Council, a subdivision estimate form shall be submitted for review and approval; 3) Prior to Final Plat approval by the City Council, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fee shall be paid; 4) Prior to Final Plat approval by the City Council, the plat shall be revised to show non-access easements along Degeest Street as it abuts Lots 1 and 2 of Block 13 and along Homestead Avenue as it abuts Lot 1, Block 13 and Lot 5, Block 14; 5) Prior to Final Plat approval by the City Council, the plat shall be revised to eliminate Lots 3-7 of Block 13 and Tract A; and, 6) Prior to Final Plat approval by the City Council, an annexation agreement and a road agreement shall be signed by the applicant.)

67. No. 01PL055 - A request by Dream Design, Inc. for Legacy Land Company for a

Preliminary and Final Plat on Tract A-1 and Tract B-1 a Replat of Tract A and Tract B of The Meadows Subdivision, located in the W1/2 of SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the Minnesota Street and Derby Lane intersection. (CONTINUE TO SEPTEMBER 4, 2001)

68. No. 01PL056 - A request by Arleth & Associates for Thomas Walsh for a Preliminary

and Final Plat on Day Inn Tract and Burger King Tract a subdivision of Lot 2 of the Trijowinn Subdivision, located in the NW1/4 of Section 2, T1N, R7E, BHM, City of Rapid City, Pennington County, South Dakota, as shown by the Plat recorded in Book 27 of Plats on Page 183, located between West Kansas City Street and Jackson Boulevard. (ACKNOWLEDGE APPLICANT’S WITHDRAWAL)

69. No. 01PL065 - A request by D. C. Scott Co. for a Preliminary and Final Plat on Lot

4R of Polar Bear Subdivision formerly Lot 4 of Polar Bear Subdivision and unplatted land located in the NE1/4 SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Sydney Drive and S.D. Highway 79. (CONTINUE TO SEPTEMBER 4, 2001)

70. No. 01PL069 - A request by Polenz Land Surveying for Rose Schimke for a

Preliminary and Final Plat on Lot 5R and 6R of Schimke Subdivision formerly Lot 5 and 6 of Schimke Subdivision all located in the S1/2 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at 1650 Sweetbriar. (CONTINUE TO SEPTEMBER 4, 2001)

71. No. 01PL070 – Approve the request by FMG, Inc. for Black Hills Regional Eye Institute

for a Preliminary and Final Plat located southeast quadrant of Cathedral Drive and Third Street.

RESOLUTION APPROVING PLAT

WHEREAS a Plat of Lot 1 and Lot 2 of Tract A of Walpole Addition, formerly Tract A of Walpole Addition, located in the SW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, was filed with the Finance Officer for the purpose of examination and approval by the governing body, and


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WHEREAS it appears that the system of streets set forth therein conforms with the system of streets of the existing plats of the City, that all provisions of subdivision regulations have been complied with, that all taxes and special assessments upon the property have been fully paid, and that such plat and the survey thereof have been executed according to law. NOW, THEREFORE, BE IT RESOLVED, that the Plat of Lot 1 and Lot 2 of Tract A of Walpole Addition, formerly Tract A of Walpole Addition, located in the SW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota , be, and the same is hereby approved and the City Finance Officer is hereby authorized to endorse on such plat a copy of this Resolution and certify to its correctness. Dated at Rapid City, South Dakota, this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL)

72. No. 01PL071 - A request by City of Rapid City for a Preliminary and Final Plat on

Lots 1, 2 and 3 of Owen Hibbard Subdivision and Tish Drive Dedicated Right of Way, all located in Tract A of Tract 1 of W1/2 SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located U.S. Highway 16 north of Golden Eagle Drive and adjacent to the Old Marine Life. (CONTINUE TO OCTOBER 1, 2001)

73. No. 01PL072 - A request by Centerline Inc. for Heartland Development Group LLC for

a Layout and Preliminary Plat on Lots 1 thru 10 and Drainage Lot 11 in Block 1 and Lots 1 thru 12 in Block 2 of Northstar Industrial Park Subdivision located in the NE1/4 of the NE1/4 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of Seger Drive and Dyess Avenue intersection. (CONTINUE TO SEPTEMBER 4, 2001)

74. No. 01PL073 - A request by Dream Design International, Inc. for a Layout Plat on

Lots 1 thru 20 of Enchanted Pines Subdivision located in the S1/2 NW/14 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchanted Pines Drive. (APPROVE WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the Planning Commission, a grading plan shall be submitted for review and approval; 2. Prior to Preliminary Plat approval by the Planning Commission, a drainage plan shall be submitted which shall include all relative calculations and analysis for review and approval; 3) Prior to Preliminary Plat approval by the Planning Commission, complete engineering plans shall be submitted for water, sewer, streets, and storm drainage improvements for review and approval; 4) Prior to Preliminary Plat approval by the Planning Commission, an engineering evaluation for the suitability of the site for on-site waste water disposal facilities shall be provided; 5) Prior to Preliminary Plat approval by the Planning Commission, a complete master plan for future sanitary sewer extension including all easements shall be provided; 6) Prior to Preliminary Plat approval by the Planning Commission, a preliminary grade line for the extension of Enchanted Pines Drive to the future connection with Fifth Street shall be provided; 7) Prior to Preliminary Plat approval by the Planning Commission, a site plan shall be provided showing the location of all water lines and fire hydrants; 8) Prior to Preliminary Plat approval by the Planning Commission, a wild land fire mitigation plan shall be submitted for review and approval; 9) Prior to Preliminary Plat approval by the Planning Commission, the applicant shall identify a bike path on the engineering plans for review and approval, 10) Prior to any construction, an Air Quality Permit shall be obtained; 11) Prior to Final


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Plat approval by the City Council, the associated rezoning request from General Agriculture District to Low Density Residential shall be approved; 12) Prior to Final Plat approval, a Planned Residential Development plan shall be submitted and approved; 13) Prior to Preliminary Plat approval by the Planning Commission, the applicant shall provide documentation on the legal status of the north/south driveway/access easement; and, 14) Prior to Final Plat approval by the City Council, surety shall be posted for any subdivision improvements that have not been completed and any subdivision inspection fee shall be paid.)

75. No. 01PL074 - A request by Davis Engineering for Ralph and Kathleen Rice for a

Preliminary and Final Plat on Lot 9 Rev. Revised and Lot 10 A Revised of Vaughn's Subdivision formerly: Lot 9 Rev. and Lot 10 A all located in: S1/2 NE1/4 of Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located at 1377 Neva Way. (DENY WITHOUT PREJUDICE)

END OF PLANNING CONSENT CALENDAR The Mayor presented No. 01PL042, a request by Fisk Land Surveying for Builders Preferred for a Preliminary and Final Plat located at the current southern terminus of City View Drive . The following Resolution was introduced, read and Kroeger moved its adoption, with the stipulations noted on the staff report:

RESOLUTION APPROVING PLAT WHEREAS a Plat of Lots 9 through 24 and Lot 26R in Block 2 of Terracita Highlights Subdivision and dedicated right-of-way located in the S1/2 NE1/4 of Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, was filed with the Finance Officer for the purpose of examination and approval by the governing body, and WHEREAS it appears that the system of streets set forth therein conforms with the system of streets of the existing plats of the City, that all provisions of subdivision regulations have been complied with, that all taxes and special assessments upon the property have been fully paid, and that such plat and the survey thereof have been executed according to law. NOW, THEREFORE, BE IT RESOLVED, that the Plat of Lots 9 through 24 and Lot 26R in Block 2 of Terracita Highlights Subdivision and dedicated right-of-way located in the S1/2 NE1/4 of Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, be, and the same is hereby approved, and the Finance Officer of Rapid City is hereby authorized to endorse on such plat a copy of this Resolution and certify to its correctness. Dated at Rapid City, South Dakota, this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for adoption of the foregoing Resolution was seconded by Hanks. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The Mayor presented No. 01PL075, a request by Centerline, Inc. for 3 T's Land Development LLC for a Final Plat located west of the intersection of Minnesota Street and Fifth Street. The following Resolution was introduced, read and Kroeger moved its adoption:


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RESOLUTION APPROVING PLAT WHEREAS a Plat of Minnesota Ridge Subdivision, Tract A, Tract B, Tract C, Lots 1A, 1B and Lots 2 thru 23 and ROW of Alta Vista Drive, Middle Valley Drive, Missing Ridge Road and Recluse Court, and Major Drainage Easements, formerly a portion of Tract C Robbinsdale Addition No. 10, Block 27 of Robbinsdale No. 10, and a portion of the SW1/4 of the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, located in the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, was filed with the Finance Officer for the purpose of examination and approval by the governing body, and WHEREAS it appears that the system of streets set forth therein conforms with the system of streets of the existing plats of the City, that all provisions of subdivision regulations have been complied with, that all taxes and special assessments upon the property have been fully paid, and that such plat and the survey thereof have been executed according to law. NOW, THEREFORE, BE IT RESOLVED that the Plat of Minnesota Ridge Subdivision, Tract A, Tract B, Tract C, Lots 1A, 1B and Lots 2 thru 23 and ROW of Alta Vista Drive, Middle Valley Drive, Missing Ridge Road and Recluse Court, and Major Drainage Easements, formerly a portion of Tract C Robbinsdale Addition No. 10, Block 27 of Robbinsdale No. 10, and a portion of the SW1/4 of the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, located in the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, be, and the same is hereby approved and the Finance Officer of Rapid City is hereby authorized to endorse on such plat a copy of this Resolution and certify to its correctness. Dated at Rapid City, South Dakota, this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for adoption of the foregoing Resolution was seconded by Hanks. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. Planning Department – Hearings The Mayor presented No. 01CA020, a request by Dream Design International, Inc. for an Amendment to the Future Land Use Designation in the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01º24’21”E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88º35’39”W along said northerly right of way line, 50.86 feet to the true point of beginning; Thence N88º35’39”W along said northerly right-of-way line, 350 feet; Thence departing said right of way N1º24’21”E 275 feet; Thence S88º35’39”E 346.06 feet to where said line intersects the westerly right of way of proposed Fifth Street; Thence S00º45’07”W 274.85 feet more or less to the point of beginning containing 2.20 acres more or less; from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01º24’21”E, along the east line of said Section


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24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88º35’39”W along the northerly right of way of said Catron Boulevard 400.86 feet this being the point of beginning; Thence N88º35’39”W along said northerly right of way 919.13 feet; Thence departing said northerly right of way line N1º24’21”E 275 feet; Thence S88º35’39”E 919.13 feet; Thence S1º24’21”W 275 feet to the point of beginning containing 5.80 acres more or less; from Planned Residential Development with a maximum density of 6.7 dwelling units per acre to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01º24’21”E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88º35’39”W along the northerly right of way of said Catron Boulevard 1320 feet to where said right of way meets the north south 1/16 line of the SE1/4 of said Section 24 this being the true point of beginning; thence along the said right of way N88º35’39”W 439.87 feet; Thence departing the north right of way N01º24’21”E 1245 feet to a point lying on the east west 1/16 line; Thence S88º35’39”E along said 1/16 line 677.62 feet; Thence departing said 1/16 line S02º11’17”W 154.18 feet; Thence S82º36’49”E 303.17 feet; Thence S43º24’30”E 405.16 feet; Thence S49º37’01”E 52.92 feet to a point on a curve with a radius of 567 feet; thence along said curve to the right an arc length of 258.44 feet with a chord bearing of S30º36’54”E 256.21 feet Thence S1º24’21”W 244.35 feet; Thence N88º35’39”W 919.13 feet to a point on the north south 1/16 line; Thence S01º24’21”W 275 feet along said 1/16 line to the point of beginning containing 28.28 acres more or less; and, from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01º24’21”E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N00º45’07”E 274.85 feet this being the true point of beginning; Thence N88º35’39”W 348.88 feet; Thence N1º24’21”E 244.35 feet to where it intersects a curve with a radius of 567 feet; thence along said curve to the left an arc length of 258.44 feet and a chord bearing of N30º36’54”W 256.21 feet; Thence N49º37’01”E 350.36 feet to where said line intersects the south westerly right of way of proposed Fifth Street a curve with a radius of 917 feet; Thence along said curve to the right an arc length of 438 feet with a chord bearing of S28º44’00”E 433.85 feet; Thence S00º45’07”W along said proposed Fifth Street right of way 319.88 feet to the point of beginning containing 5.03 acres more or less, located north of Catron Boulevard lying adjacent to the future right-of-way line of Fifth Street and Parkview Drive. Motion was made by Kroeger, seconded by Hadley and carried to continue this item until September 4, 2001. The Mayor presented No. 01CA021, a request by Centerline, Inc. for Lazy P-6 Properties, LLC for an Amendment to the Future Land Use Designation in the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan: From Planned Residential Development with a maximum density of 6.7 dwelling units per acre to Mobile Home Park located in a portion of the E1/2 of the SW1/4 of Section 24, T1N, R7E, BHM, Pennington County, South Dakota; From Planned Residential Development with a maximum density of 6.7 dwelling units per acre and Medium Density Residential with a Planned Residential Development to General Commercial located in a portion of the SE1/4 of Section 24, T1N, R7E, BHM, Pennington County, South Dakota; From Planned Residential Development with a maximum density of 6.7 dwelling units per acre, General Commercial with a Planned Commercial Development and Medium Density Residential with a Planned Residential Development to Office Commercial located in the North 900 feet of the SE1/4 of Section 24, T1N, R7E, BHM, Pennington County, South Dakota; From General Commercial with a Planned Commercial Development, Park Site with alternative use of Mobile Home Residential and Office Commercial with a Planned Commercial Development to General Commercial located in the North 900 feet of the W1/2 of the SW1/4 of Section 19, T1N, R8E, BHM, Pennington County, South Dakota; From Office Commercial with a Planned Commercial Development and Park Site with alternative use of Mobile Home Residential to


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Light Industrial located in the South 420 feet of the NW1/4 of the SW1/4 and the SW1/4 SW1/4 of Section 19, T1N, R8E, BHM, Pennington County, South Dakota; From General Commercial with a Planned Commercial Development and Office Commercial with a Planned Commercial Development to General Commercial located in a portion of the SW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; From Office Commercial with a Planned Commercial Development, Medium Density Residential, and Planned Residential Development with a maximum density of 6.7 dwelling units per acre to Office Commercial located in a portion of the N1/2 of the SW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; From Low Density Residential and Planned Residential Development with a maximum density of 6.7 dwelling units per acre to Medium Density Residential located in a portion of the W1/2 of the S1/2 of the NW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, From Medium Density Residential to Low Density Residential located in the E1/2 of the N1/2 of the NW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota , located North and west of the Rapid City Landfill. Motion was made by Kroeger, seconded by Hadley and carried to continue this item until September 4, 2001. The Mayor presented No. 01CA024, a request by FMG, Inc. for Harold Bies for an Amendment to the Future Land Use Designation in the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan - From Medium Density Residential District to Office Commercial District with a Planned Commercial Development on a tract of land located in the SE 1/4 of NE 1/4 of Section 18, T1N, R8E, BHM, Rapid City, South Dakota more particularly described as follows: Commencing at a point which is a property corner with LS Cap 3095 which is the southwest corner of Tract 1 of Richland Estates Subdivision in SE 1/4 of NE 1/4 of Section 18, T1N, R8E, BHM, Rapid City, South Dakota, Thence S89º45’50”E a distance of 536.44’, more or less, to a point; Thence S00º25’08”W a distance of 276.29’, more or less, to a point; Thence N89º34’52”W a distance of 533.80’, more or less, to a point; Thence N00º07’59”W a distance of 274.59’, more or less, to the Point of Beginning and containing 3.384 acres more or less, located west of U.S. Highway 79 and north of Minnesota Street. The following Resolution was introduced, read and Kroeger moved its adoption:

RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY

WHEREAS the Rapid City Council held a public hearing on the 20th day of August, 2001 to consider an amendment to the Comprehensive Plan by amending South Robbinsdale Area Future Land Use Plan, which is an amendment to the Comprehensive Plan, to change the future land use designation on a 3.384 acre parcel from Medium Density Residential District to Office Commercial District with a Planned Commercial Development, and good cause appearing therefor BE IT RESOLVED by the Rapid City Council, pursuant to the recommendation of the Rapid City Planning Commission, that the Rapid City Comprehensive Plan be amended as attached to the original hereof and filed in the Finance Office. Dated this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL)


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The motion for adoption of the foregoing Resolution was seconded by Waugh. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The Mayor presented No. 01CA025, a request by FMG, Inc. for Harold Bies for an Amendment to the Future Land Use Designation in the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan - From Medium Density Residential District to General Commercial District with a Planned Commercial Development on the western 385 feet of a tract of land located in the SE 1/4 of NE 1/4 of Section 18, T1N, R8E, BHM, Rapid City, South Dakota more particularly described as follows: Commencing at a point which is a property corner with LS Cap 3095 which is the southeast corner of Tract 1 of Richland Estates Subdivision in SE 1/4 of NE 1/4 of Section 18, T1N, R8E, BHM, Rapid City, South Dakota, Thence S89º45’50”E a distance of 40’, more or less, to a point; Thence S00º06’28”E a distance of 278.64’, more or less, to a point; Thence N89º34’52”W a distance of 735.02’, more or less, to a point; Thence N00º25’08”E a distance of 276.29’, more or less, to a point; Thence S89º45’50”E a distance of 692.46’, more or less, to the Point of Beginning, said tract of land contains approximately 2.44 acres more or less, located west of U.S. Highway 79 and north of Minnesota Street. The following Resolution was introduced, read and Kroeger moved its adoption:

RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY

WHEREAS the Rapid City Council held a public hearing on the 20th day of August, 2001 to consider an amendment to the Comprehensive Plan to change the future land use designation on a 2.44 acre parcel from Medium Density Residential to General Commercial with a Planned Commercial Development and good cause appearing therefor BE IT RESOLVED by the Rapid City Council, pursuant to the recommendation of the Rapid City Planning Commission, that the Rapid City Comprehensive Plan be amended as attached to the original hereof and filed in the Finance Office. Dated this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for adoption of the foregoing Resolution was seconded by Hanks. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The Mayor presented No. 00PD057, a request by SDC, Inc. for a Major Amendment to a Planned Commercial Development to allow a motel and restaurant on Tract A Revised, Tract C Revised and Tract D, Walpole Heights Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2710 Mount Rushmore Road. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until September 4, 2001. The Mayor presented No. 01PD031, a request by Fisk Engineering for Paul Bradsky for Wal-East Development, Inc. for an Initial and Final Planned Commercial Development on Lot 2 of Lot K2-C of Marshall Heights Tract, located in the SW1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, less the following described property: Beginning at the southwest corner of said Lot 2 of Lot K2-C of Marshall Heights Tract;


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Thence, northerly along the westerly line of said Lot 2 a distance of 109.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 77.5 feet; Thence, S 00 degrees 01 minutes 28 seconds E, a distance of 6.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 113.1 feet, more or less; Thence, N 00 degrees 01 minutes 20 seconds W, a distance of 6.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 77.5 feet to a point on the easterly line of said Lot 2; Thence, southerly along the easterly line of said Lot 2 a distance 109.5 feet to the southeast corner of said Lot 2; Thence, westerly along the southerly line of said Lot 2 a distance of 268.15 feet, more or less, to the point of beginning , located on Knollwood Drive east of the intersection of Maple Avenue and Knollwood Drive . Motion was made by Kroeger, seconded by Hanks and carried to deny this item without prejudice. The Mayor presented No. 01PD032, a request by Fisk Engineering for Paul Bradsky for Wal-East Development, Inc. for an Initial and Final Planned Residential Development on a portion of Lot 2 of Lot K2-C of Marshall Heights Tract, located in the SW1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the southwest corner of said Lot 2 of Lot K2-C of Marshall Heights Tract; Thence, northerly along the westerly line of said Lot 2 a distance of 109.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 77.5 feet; Thence, S 00 degrees 01 minutes 28 seconds E, a distance of 6.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 113.1 feet, more or less; Thence, N 00 degrees 01 minutes 20 seconds W, a distance of 6.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 77.5 feet to a point on the easterly line of said Lot 2; Thence, southerly along the easterly line of said Lot 2 a distance 109.5 feet to the southeast corner of said Lot 2; Thence, westerly along the southerly line of said Lot 2 a distance of 268.15 feet, more or less, to the point of beginning , located on Knollwood Drive east of the intersection of Maple Avenue and Knollwood Drive . Motion was made by Kroeger, seconded by Hanks and carried to deny this item without prejudice. The Mayor presented No. 01PD037, a request by City of Rapid City for a Planned Development Designation on the following property: A parcel of land located in Tract “A” of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at a point on the north boundary of Tract “A” which bears S89º59’13”E a distance of 527.28 feet from the Northwest Corner of Tract “A”, being the POINT OF BEGINNING; Thence S89º59’13”E along said north boundary of Tract “A” a distance of 304.80 feet; Thence S07º23’08”W along the east boundary of Tract “A” a distance of 537.86; Thence N82º32’54”W along the north boundary of Lot E of the SW1/4SW1/4 of said Section 23 a distance of 301.67 feet; Thence N07º18’58”E a distance of 498.40 feet to the point of beginning. Containing 3.59 acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life. Motion was made by Kroeger, seconded by Hanks and carried to approve the request with the following stipulation: 1) No building permits or sign permits shall be issued for the property until such time as an Initial and Final Development Plan has been approved for the property. The Mayor presented No. 01PD038, a request by City of Rapid City for a Planned Development Designation on the following property: A parcel of land located in Tract “A” of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at a point on the west boundary of Tract “A”, which bears N0º 01’49”W a distance of 659.09 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; thence N42º48’20”E along the proposed centerline of Tish Drive a distance of 483.98 feet to the beginning of a curve concave to the Southeast having a radius of 150.00 feet and a central angle of 54º38’42”; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S82º32’54”E a distance of 9.91feet; Thence S07º19’07”W a distance of 38.00 feet; Thence


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S07º19’07”W along the boundary common to said Tract “A” and Lot E, Lot A, Lot B and Lot C of the SW1/4SW1/4 of said Section 23 and distance of 800.44 feet: Thence N73º19’46”W a distance of 377.36 feet to a point on the west section line of said Section 23 and the west boundary of Tract ”A”; Thence N00º01’49”W along said section line and said west boundary of Tract “A” a distance of 322.84 feet to the point of beginning. Containing 5.80 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life. Motion was made by Kroeger, seconded by Hanks and carried to approve the request with the following stipulation: 1) No building permits or sign permits shall be issued for the property until such time as an Initial and Final Development Plan has been approved for the property. The Mayor presented No. 01PD039, a request by City of Rapid City for a Planned Development Designation on the following property: A parcel of land located in Tract “A” of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Southwest Corner of Section 23, T1N, R7E, BHM, common to the Southwest Corner of said Tract “A”, being the POINT OF BEGINNING; thence N00º01’49”W along the west boundary of Tract “A” a distance of 336.25 feet; Thence S73º19’46”W a distance of 377.07feet to the corner common to Tract “A” and the Southwest corner of Lot C, of the SW1/4SW1/4 of said Section 23: Thence S07º31’36”E along the south boundary of said Lot C a distance of 300.94 feet to the Southeast Corner of said Lot C; Thence S07º23’48”W along the east boundary of said Tract “A” a distance of 190.53 feet to the Southeast Corner of Tract “A” said point being on the south section line of said Section 23 and the centerline of Golden Eagle Drive right-of-way; Thence S90º00’00”W along said line a distance of 634.90 feet to the point of beginning. Containing 3.71 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life. Motion was made by Kroeger, seconded by Hanks and carried to approve the request with the following stipulation: 1) No building permits or sign permits shall be issued for the property until such time as an Initial and Final Development Plan has been approved for the property. The Mayor presented No. 01PD042, a request by Dream Design International, Inc. for a Planned Development Designation on the following property: A parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01º24’21”E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard this being the true point of beginning; Thence N88º35’39”W along said northerly right of way line,1759.87 feet; Thence departing said northerly right of way line N01º24’21”E 1245 feet to a point lying on the 1/16 line; Thence S88º35’39”E, along said 1/16 line, 677.62 feet Thence departing said 1/16 line S02º11’17”W 154.18 feet; Thence S82º36’49”E 303.17 feet; Thence S43º24’43”E 155.36 feet; Thence N43º40’53”E 361.7 feet to where the line intersects the north easterly right of way of proposed Fifth Street; Thence along this said right of way on a curve to the right with a radius of 1017 feet and an arc length of 660.71 feet and a chord bearing of S40º04’31”E 649.15 feet to where said right of way meets the east section line of said Section 24; Thence S01º24’21”W 730.34 feet along said section line to the point of beginning containing 45.5 acres more or less, and a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01º24’21”E, along the east line of said Section 24, 730.34 feet to the true point of beginning; said point is lying on the easterly right-of-way line of future Fifth Street; said point is lying on a curve with a radius of 1017 feet; Thence along said curve to the left an arc length of 660.71 feet with a chord bearing of N40º04’31”W 649.15 feet to a point lying on the right of way of future Parkview Drive; Thence N45º40’53”E 626.68 feet along said right of way of future Parkview Drive to a point on the east line of said Section 24; Thence S01º24’21”W 945.13 feet along said section line to the point of beginning containing 4.07 acres more or less, located north of Catron Boulevard and adjacent to the future right-of-way line of Fifth Street and Parkview Drive. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until September 4, 2001.


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The Mayor presented No. 01PD043, a request by Richard Dugie for RHL Design Group Inc. for a Major Amendment to a Planned Commercial Development on Lot 5R of Meridian Subdivision, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1020 LaCrosse Street. Motion was made by Kroeger, seconded by Hanks and carried to approve the Amendment with the following stipulations: 1) That all requirements and stipulations of the original Planned Commercial Development and all subsequent amendments be continually met; 2) That all requirements of the Off-Street Parking Ordinance shall be continually met; 3) The all requirements of the Landscaping Ordinance shall be continually met; 4) Prior to City Council approval, a revised site plan shall be submitted identifying all proposed and existing improvements for the entire subject property for review and approval; 5) A sign permit shall be received prior to posting or construction of any signage proposed in the Major Amendment; 6) The future changing of a sign location, a decrease in sign size, a color change, lighting changes and changes in similar sign characteristics can be approved as a Minimal Amendment to the Planned Commercial Development – subject to approval of the Planning Director. However, the Planning Director has the discretion to require that any change in the sign package be reviewed and approved as a Major Amendment; and, 7) The future addition of any sign requiring a sign permit (including any billboards) or the increase in size of any sign approved as part of this Major Amendment request shall require a Major Amendment to the Planned Commercial Development. The Mayor presented No. 01PD044, a request by Dream Design International, Inc. for a Major Amendment to a Planned Commercial Development on the following property: Tract A of The Meadows Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and a tract of land located in the W1/2 of the SE1/4 Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota consisting of a portion of Tract B of The Meadows Subdivision as recorded in Plat Book 28 Page 173. More particularly described as follows: Beginning at the Northeast corner of said Tract B of The Meadows Subdivision a found rebar and cap stamped LS 4225, this being the true point of beginning. Thence S00º00’41”E 140.21 feet along the east boundary of said Tract B, Thence S89º50’18”W 189.16 feet to a point on the easterly right of way of Derby Lane, Thence N39º48’27”W 8.42 feet along said right of way of Derby Lane to a point of curve with a radius of 149.00 feet, Thence along said right of way of Derby Lane on said curve to the right an arc length of 103.44 feet to the point of tangency, Thence N00º12’34”W 39.02 feet along said Derby Lane right of way, Thence S89º59’52”E 229.04 feet along the westerly line of said Tract B to the point of beginning, said tract containing 1.71 acres more or less, located at the intersection of Derby Lane and Minnesota Street. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until September 4, 2001. The Mayor presented No. 01SV018, a request by FMG, Inc. for Robbins & Stearns for a Variance to the Subdivision Regulations to reduce the required right-of-way dedication from 17 feet to 7 feet on Lot 1 and Lot 2 of Bies Subdivision formerly the unplatted balance of the SE1/4 of the NE1/4 of Section 18 located in the SE1/4 of the NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota , located west of S. Highway 79, north of Minnesota Street. Motion was made by Kroeger, seconded by Hanks and carried to approve the requested Variance with the stipulation that a ten foot wide pedestrian access and utility easement be provided along the south property line of Lot 2 beginning at the southeast corner of Lot 2 and extending to the extension of the west right-of-way line of Heartland Drive. The Mayor presented No. 01SV020, a request by ETS, Inc. for a Variance to the Subdivision Regulations to waive curb and gutter, sidewalk, dry sewer and water, street light conduit and paving on proposed Lot 1, Lot 2 and Lot 3 of Tract 4 of Bradsky Subdivision No. 2 in the NW1/4 SW1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, SD, located east of Cambell Street north of East St. James Street. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until September 4, 2001.


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The Mayor presented No. 01SV022, a request by Polenz Land Surveying for Rose Schimke for a Variance to the Subdivision Regulations to waive the requirement for sidewalk, curb and gutter and street light conduit on Lot 5R and 6R of Schimke Subdivision formerly Lot 5 and 6 of Schimke Subdivision all located in the S1/2 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at 1650 Sweetbriar. Motion was made by Kroeger, seconded by Dreyer and carried to continue this item until September 4, 2001. The Mayor presented No. 01UR023, a request by Chris Larson for Outback Steakhouse for a Major Amendment to a Use On Review for an on-sale liquor establishment to allow temporary outdoor seating on Lot 2 of Tract E of Marshall Heights Subdivision No. 2, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 665 East Disk Drive. Motion was made by Kroeger, seconded by Hanks and carried to deny this application without prejudice. The Mayor presented No. 01UR027, a request by M & K Consulting for Western Wireless Corp for a Use On Review to allow a communication tower in the General Agriculture Zoning District on W1/2 NE1/4, Section 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located between St. Martins Drive and Hidden Valley Road west of S.D. Highway 79. Motion was made by Kroeger, seconded by Hanks and carried to deny this item without prejudice. The Mayor presented No. 01UR031, a request by Dream Design International for a Major Amendment to a Use On Review to revise the conditions of approval for an On-Sale Liquor Establishment on Lot F less Lot F-1, Park Addition No. 2, Section 6 (also in Section 1, T1N, R7E), T1N, R8E, BHM, and Lot A of E of Government Lot 4 and 5, Section 6, T1N, R8E, Rapid City, Pennington County, South Dakota, located at 200 East Main Street. Motion was made by Kroeger, seconded by Dreyer and carried to continue this item until September 4, 2001. The Mayor presented No. 01UR032, a request by Dream Design International, Inc. for a Use On Review to allow a utility substation in the Low Density Residential Zoning District on the NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the current northern terminus of Muirfield Drive. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until September 4, 2001. The Mayor presented No. 01UR037, a request by Anne Devlin for a Use On Review for a Child Care Center on Lot 2 less W250', Nicholl's Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1241 E. St. Joseph Street. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until September 4, 2001. The Mayor presented No. 01UR040, a request by Kennedy Design Group for Pioneer Credit & Debt Consolidation Services for a Use on Review for a Child Care Center on Lot 2, Block 2, Rushmore Regional Industrial Park, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1644 Concourse Drive. Motion was made by Kroeger, seconded by Hadley and carried to approve the Use on Review, with the following stipulations: 1) That prior to occupancy, the applicant shall obtain a Certificate of Occupancy; 2) That all provisions of Section 17.50.150, Child Care Centers, of the Rapid City Municipal Code shall be continually met; 3) That a State of South Dakota Department of Social Services Day Care License shall be continually maintained; 4) Prior to City Council approval, a revised parking plan shall be submitted identifying compliance with all requirements of the Off-Street Parking Ordinance; 5) The maximum number of children to be cared for at this facility shall be forty unless a lesser number is set by the State of South Dakota, then the State identified number shall be the maximum number of children allowed; 6) That the Use On Review Shall be subject to renewal in one (1) year; and, 7) The Use on Review approval


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shall expire if the use is not undertaken and completed within two years of the date of approval by City Council, or if the use as approved has ceased for a period of two years. The Mayor presented No. 01UR041, a request by Remodel King for W. Angela Wessel for a Use on Review to allow a private residential garage in excess of 1000 square feet and more than 30% of the residence on Lot 1, Block 3, Kepp Heights, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota , located at 1200 Highland Park Drive . Motion was made by Kroeger, seconded by Johnson and carried to continue this item until September 4, 2001. The Mayor presented No. 01UR042, a request by M & K Consulting for Western Wireless Corp. for a Use on Review to allow Communication Tower in Public District on the following property: A parcel of land located in Tract “A” of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Northwest Corner of Tract “A”, which bears N0º01’49”W a distance of 1516.46 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; Thence S89º59’13”E along the north boundary of said Tract “A” a distance of 527.28 feet; Thence S07º18’58”W a distance of 460.40 feet to the proposed centerline of Tish Drive, Thence N82º32’54”W along said centerline a distance of 9.91 feet to the beginning of a curve concave to the Southwest having a radius of 150.00 feet and a central angle of 54º38’42”; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S42º48’28”W a distance of 483.98 feet to a point on the west section line of Section 23 and the west boundary of said Tract “A”; thence N0º01’49”W along said section line and along the west boundary of Tract “A” a distance of 857.37 feet to the point of beginning. Containing 6.90 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life. Motion was made by Kroeger, seconded by Hanks and carried to continue this item until October 1, 2001. The Mayor presented No. 01UR043, a request by City of Rapid City for a Major Amendment to a Use On Review for Meadowbrook Golf Course to allow a temporary Pro Shop/Office on Tract 4 and the north 27 feet of vacated Flormann Street, Rapid City Greenway Tracts, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at Meadowbrook Golf Course Clubhouse, 3625 Jackson Boulevard. Motion was made by Kroeger, seconded by Hanks and carried to approve the Amendment with the following stipulations: 1) Prior to City Council approval, a revised site plan shall be submitted identifying the location of the portable chemical toilets within the parking lot; 2) Prior to issuance of a Certificate of Occupancy, the Fire Department shall inspect the structure to insure compliance with all Fire Safety Codes; 3) A Building Permit shall be obtained prior to any construction and Certificate of Occupancy shall be obtained prior to occupancy; 4) Prior to City Council approval, a revised site plan shall be submitted identifying the location of the temporary trailer a minimum of 150 feet west of the east parking lot approach; 5) That the bike path along the frontage of the parking lot shall remain clear of obstructions at all times; and, 6) That the Use On Review shall be valid from August 21, 2001 to May 31, 2002. The Mayor presented No. 01VR002, a request by Gary Renner for Larry Teuber for a Vacation of Right Of Way located approximately 1 1/2 miles south of the intersection of Sheridan Lake Road and Clarkson Road. The following Resolution was introduced, read and Kroeger moved its adoption:

RESOLUTION OF VACATION OF RIGHT-OF-WAY WHEREAS it appears that a portion of the public right of way described as:

located in Government Lot 3 and Government Lot 4, Section 5, T1S, R7E, BHM, Pennington County, South Dakota


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is not needed for public purposes, WHEREAS the owner of said property desires said right of way to be vacated and released, NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that this right of way heretofore described, and as shown on Exhibit A attached hereto, be and the same is hereby vacated; and BE IT FURTHER RESOLVED by the City of Rapid City that the Mayor and Finance Officer are hereby authorized to execute a release of right of way in regard thereto. Dated this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for adoption of the foregoing Resolution was seconded by Hadley. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The Mayor presented No. 01VR003, a request by Renner & Sperlich Engineering for Craig Christianson for a Vacation of Right of Way located on Pine Street south of Motel 6. The following Resolution was introduced, read and Kroeger moved its adoption:

RESOLUTION OF VACATION OF RIGHT-OF-WAY WHEREAS it appears that a portion of the public right of way described as: the westerly 10 feet of Pine Street between Latrobe Avenue and Luna Avenue adjacent to Lot D and Lot E of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota is not needed for public purposes, WHEREAS the owner of said property desires said right of way to be vacated and released, NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that this right of way heretofore described, and as shown on Exhibit A attached hereto, be and the same is hereby vacated; and BE IT FURTHER RESOLVED by the City of Rapid City that the Mayor and Finance Officer are hereby authorized to execute a release of right of way in regard thereto. Dated this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL)


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The motion for adoption of the foregoing Resolution was seconded by Waugh. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The Mayor presented No. 01VR004, a request by Renner & Sperlich Engineering for Craig Christianson for a Vacation of Right of Way on that 60 foot portion of Luna Avenue lying between Lot D of NW1/4 SE1/4 and Lot C of NW1/4 SE1/4 all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located between Rapp Street and Pine Street. The following Resolution was introduced, read and Kroeger moved its adoption:

RESOLUTION OF VACATION OF RIGHT-OF-WAY WHEREAS it appears that a portion of the public right of way described as:

that 60 foot portion of Luna Avenue lying between Lot D of NW1/4 SE1/4 and Lot C of NW1/4 SE1/4 all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota

is not needed for public purposes, WHEREAS the owner of said property desires said right of way to be vacated and released, NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that this right of way heretofore described, and as shown on Exhibit A attached hereto, be and the same is hereby vacated; and BE IT FURTHER RESOLVED by the City of Rapid City that the Mayor and Finance Officer are hereby authorized to execute a release of right of way in regard thereto. Dated this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for adoption of the foregoing Resolution was seconded by Hanks. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. Ordinances & Resolutions The Mayor announced the meeting was open for hearing on No. 01RZ037, Ordinance 3717, a request by City of Rapid City for a Rezoning from General Agriculture District to Public District on the following property: A parcel of land located in Tract “A” of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Northwest Corner of Tract “A”, which bears N0º01’49”W a distance of 1516.46 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; Thence S89º59’13”E along the north boundary of said Tract “A” a distance of 527.28 feet; Thence S07º18’58”W a distance of 460.40 feet to the proposed centerline of Tish Drive, Thence N82º32’54”W along said centerline a distance of 9.91 feet to the beginning of a curve concave to the Southwest having a radius of 150.00 feet and a central angle of 54º38’42”; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S42º48’28”W a distance of 483.98 feet to a


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point on the west section line of Section 23 and the west boundary of said Tract “A”; thence N0º01’49”W along said section line and along the west boundary of Tract “A” a distance of 857.37 feet to the point of beginning . Containing 6.90 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life. Notice of Hearing was published in the Rapid City Journal on August 11 and August 18, 2001. Ordinance 3717, having had the first reading on August 6, 2001, it was moved by Hadley and seconded by Johnson that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and read the title of Ordinance 3717 the second time. The Mayor announced the meeting was open for hearing on No. 01RZ038, Ordinance 3718, a request by City of Rapid City for a Rezoning from General Agriculture District to General Commercial District on the following property: A parcel of land located in Tract “A” of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at a point on the north boundary of Tract “A” which bears S89º59’13”E a distance of 527.28 feet from the Northwest Corner of Tract “A”, being the POINT OF BEGINNING; Thence S89º59’13”E along said north boundary of Tract “A” a distance of 304.80 feet; Thence S07º23’08”W along the east boundary of Tract “A” a distance of 537.86; Thence N82º32’54”W along the north boundary of Lot E of the SW1/4SW1/4 of said Section 23 a distance of 301.67 feet; Thence N07º18’58”E a distance of 498.40 feet to the point of beginning. Containing 3.59 acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life. Notice of Hearing was published in the Rapid City Journal on August 11 and August 18, 2001. Ordinance 3718, having had the first reading on August 6, 2001, it was moved by Hadley and seconded by Johnson that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and read the title of Ordinance 3718 the second time. The Mayor announced the meeting was open for hearing on No. 01RZ039, Ordinance 3719, a request by City of Rapid City for a Rezoning from General Agriculture District to Office Commercial District on the following property: A parcel of land located in Tract “A” of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at a point on the west boundary of Tract “A”, which bears N0º 01’49”W a distance of 659.09 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; thence N42º48’20”E along the proposed centerline of Tish Drive a distance of 483.98 feet to the beginning of a curve concave to the Southeast having a radius of 150.00 feet and a central angle of 54º38’42”; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S82º32’54”E a distance of 9.91feet; Thence S07º19’07”W a distance of 38.00 feet; Thence S07º19’07”W along the boundary common to said Tract “A” and Lot E, Lot A, Lot B and Lot C of the SW1/4SW1/4 of said Section 23 and distance of 800.44 feet: Thence N73º19’46”W a distance of 377.36 feet to a point on the west section line of said Section 23 and the west boundary of Tract ”A”; Thence N00º01’49”W along said section line and said west boundary of Tract “A” a distance of 322.84 feet to the point of beginning. Containing 5.80 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life. Notice of Hearing was published in the Rapid City Journal on August 11 and August 18, 2001. Ordinance 3719, having had the first reading on August 6, 2001, it was moved by Hadley and seconded by Johnson that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and read the title of Ordinance 3719 the second time. The Mayor announced the meeting was open for hearing on No. 01RZ040, Ordinance 3703, a request by City of Rapid City for a Rezoning from General Agriculture District to


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General Commercial District on the following property: A parcel of land located in Tract “A” of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Southwest Corner of Section 23, T1N, R7E, BHM, common to the Southwest Corner of said Tract “A”, being the POINT OF BEGINNING; thence N00º01’49”W along the west boundary of Tract “A” a distance of 336.25 feet; Thence S73º19’46”W a distance of 377.07 feet to the corner common to Tract “A” and the Southwest corner of Lot C, of the SW1/4 SW1/4 of said Section 23: Thence S07º31’36”E along the south boundary of said Lot C a distance of 300.94 feet to the Southeast Corner of said Lot C; Thence S07º23’48”W along the east boundary of said Tract “A” a distance of 190.53 feet to the Southeast Corner of Tract “A” said point being on the south section line of said Section 23 and the centerline of Golden Eagle Drive right-of-way; Thence S90º00’00”W along said line a distance of 634.90 feet to the point of beginning. Containing 3.71 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life. Notice of Hearing was published in the Rapid City Journal on August 11 and August 18, 2001. Ordinance 3703, having had the first reading on July 2, 2001, it was moved by Hadley and seconded by Johnson that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and read the title of Ordinance 3703 the second time. The Mayor presented No. 01RZ042, – Second Reading, Ordinance 3710, a request by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on the following property: A parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01º24’21”E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard this being the true point of beginning; Thence N88º35’39”W along said northerly right of way line,1759.87 feet; Thence departing said northerly right of way line N01º24’21”E 1245 feet to a point lying on the 1/16 line; Thence S88º35’39”E, along said 1/16 line, 677.62 feet Thence departing said 1/16 line S02º11’17”W 154.18 feet; Thence S82º36’49”E 303.17 feet; Thence S43º24’43”E 155.36 feet; Thence N43º40’53”E 361.7 feet to where the line intersects the north easterly right of way of proposed Fifth Street; Thence along this said right of way on a curve to the right with a radius of 1017 feet and an arc length of 660.71 feet and a chord bearing of S40º04’31”E 649.15 feet to where said right of way meets the east section line of said Section 24; Thence S01º24’21”W 730.34 feet along said section line to the point of beginning containing 45.5 acres more or less, and a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01º24’21”E, along the east line of said Section 24, 730.34 feet to the true point of beginning; said point is lying on the easterly right-of-way line of future Fifth Street; said point is lying on a curve with a radius of 1017 feet; Thence along said curve to the left an arc length of 660.71 feet with a chord bearing of N40º04’31”W 649.15 feet to a point lying on the right of way of future Parkview Drive; Thence N45º40’53”E 626.68 feet along said right of way of future Parkview Drive to a point on the east line of said Section 24; Thence S01º24’21”W 945.13 feet along said section line to the point of beginning containing 4.07 acres more or less, located north of Catron Boulevard and adjacent to the future right-of-way line of Fifth Street and Parkview Drive. Motion was made by Hadley, seconded by Murphy and carried to continue this hearing until September 4, 2001. Ordinance 3712 entitled An Ordinance Adding Chapter 8.26 to Title 8 of the Rapid City Municipal Code Relating to Public Use of Automatic External Defibrillators, having passed the first reading on August 6, 2001, it was moved by Hadley and seconded by Murphy that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor


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declared the motion passed and Ordinance 3712 was declared duly passed upon its second reading. The Mayor presented No. 01RZ043, Second Reading, Ordinance 3720, a request by Davis Engineering for Donald Carlson and Isaura Hansen for a Rezoning from Low Density Residential District to General Commercial District on Lot 1 less Lot H1 and Lot 2, Una Del Acres No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5504 and 5508 Wildwood Drive. Motion was made by Hadley, seconded by Steinburg and carried to continue this item until September 4, 2001. The Mayor announced the meeting was open for hearing on No. 01RZ044, Ordinance 3721, a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot A of Lot 6 of Tract B of Braeburn Addition, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Chapel Valley, south of the Fish Hatchery and east of SD Highway 44. Notice of public hearing was published in the Rapid City Journal on August 11 and August 18, 2001. Ordinance 3721, having had the first reading on August 6, 2001, it was moved by Hadley and seconded by Murphy that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and read the title of Ordinance 3721 the second time. The Mayor announced the meeting was open for hearing on No. 01RZ045, Second Reading of Ordinance 3722, a request by Qusi Al Haj for a Rezoning from Low Density Residential District to General Commercial District on Lot A and Lot B less the South 8.5 feet of Block 28 and all of Block 25R, Airport Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Haines Avenue between Wright Street and Curtis Street. Notice of public hearing was published in the Rapid City Journal on August 11 and August 18, 2001. Ordinance 3722, having had the first reading on August 6, 2001, it was moved by Hadley and seconded by Rodriguez that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and read the title of Ordinance 3722 the second time. The Mayor announced the meeting was open for hearing on No. 01RZ046, Second Reading of Ordinance 3723, a request by Centerline Inc. for Heartland Development Group LLC for a Rezoning from General Agriculture District to Light Industrial District on property described by metes and bounds beginning at the Northeast Corner of Lot D, a Section Corner, of the NE1/4 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, Thence S44º55’05”W, 46.61’ to Point No. 1, the true point of beginning, Thence S0º00’39”E, 1292.72’ to Point No. 2, Thence S89º48’56”W, 1292.41’ to Point No. 3, Thence N0º00’53”W, 1292.15’ to Point No. 4, Thence N89º47’25”E, 1292.50’ to the true point of beginning, this parcel contains 38.3472 acres, more or less, located southwest of Seger Drive and Dyess Avenue intersection. Notice of public hearing was published in the Rapid City Journal on August 11 and August 18, 2001. Ordinance 3723, having had the first reading on August 6, 2001, it was moved by Hadley and seconded by Rodriguez that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and read the title of Ordinance 3723 the second time. The Mayor presented No. 01RZ047, Second Reading of Ordinance 3724, a request by Dream Design International, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District on a tract of land located in the W1/2 of the SE1/4 Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota consisting of a portion of Tract B of the Meadows Subdivision as recorded in Plat Book 28 Page 173. More particularly described as follows: Beginning at the Northeast corner of said Tract B of the Meadows Subdivision a found rebar and cap stamped LS 4225, this being the true point of beginning.


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Thence S00º00’41”E 140.21 feet along the east boundary of said Tract B, Thence S89º50’18”W 189.16 feet to a point on the easterly right of way of Derby Lane, Thence N39º48’27”W 8.42 feet along said right of way of Derby Lane to a point of curve with a radius of 149.00 feet, Thence along said right of way of Derby Lane on said curve to the right an arc length of 103.44 feet to the point of tangency, Thence N00º12’34”W 39.02 feet along said Derby Lane right of way, Thence S89º59’52”E 229.04 feet along the westerly line of said Tract B to the point of beginning, said tract containing .71 acres more or less, located at the intersection of Derby Lane and Minnesota Street. Motion was made by Hadley, seconded by Rodriguez and carried to continue this hearing until September 4, 2001. The Mayor announced the meeting was open for hearing on No. 01RZ048, Second Reading of Ordinance 3725, a request by Centerline, Inc. for 3 T's Land Development LLC for a Rezoning from General Agriculture District to Low Density Residential District on S1/2 NE1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of the intersection of Minnesota Street and Fifth Street. Notice of public hearing was published in the Rapid City Journal on August 11 and August 18, 2001. Ordinance 3725, having had the first reading on August 6, 2001, it was moved by Hadley and seconded by Rodriguez that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and read the title of Ordinance 3725 the second time. Ordinance 3693 (LF080101-05) entitled An Ordinance Amending Sections 8.34.020 and 8.34.030 of Chapter 8.34 of the Rapid City Municipal Code Pertaining to Applicability and Definitions; Amending Sections 8.38.010, 8.38.040, 8.38.050, 8.38.070 and 8.38.080 Pertaining to Construction Permits and Compliance Plans, and Repealing Section 8.38.030 All of Chapter 8.38 of the Rapid City Municipal Code; Adding New Sections 8.39.010 and 8.39.020 of New Chapter 8.39 to the Rapid City Municipal Code Pertaining to Streets and Roads; Amending Section 8.42.010 of Chapter 8.42 of the Rapid City Municipal Code Pertaining to Fees, having passed the first reading on August 6, 2001, it was moved by Hadley and seconded by Johnson that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and Ordinance 3693 was declared duly passed upon its second reading. Ordinance 3711 (No. 01OA013) entitled An Ordinance Amending Section 17.22.030 of Chapter 17.22 of the Rapid City Municipal Code by Adding a New Subsection 17.22.030(J) to Allow Communication Towers in Uses Permitted on Review, was introduced. Upon motion made by Hadley, seconded by Dreyer and carried Ordinance 3711 was placed upon its first reading and the title was fully and distinctly read and second reading set for Tuesday, September 4, 2001. Ordinance 3713 (No. 01OA011) entitled An Ordinance Amending Subsection B (1) of Section 17.54.020 of Chapter 17.54 of the Rapid City Municipal Code Pertaining to the Notice of Time Given to Hold A Public Hearing, having passed the first reading on August 6, 2001, it was moved by Hadley and seconded by Johnson that the title be read the second time. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon the Mayor declared the motion passed and Ordinance 3713 was declared duly passed upon its second reading. The Mayor presented No. PW080101-13, Second Reading of Ordinance 3714, entitled An Ordinance Amending Section 8.08.020, Section 8.08.030, Section 8.08.070, Section 8.08.170, Section 8.08.240, Of Chapter 8.08 of The Rapid City Municipal Code Relating To Garbage And Refuse. Motion was made by Hadley and seconded by Rodriguez to approve second reading. Kriebel stated that he will be voting against this ordinance because he feels the Council is moving away from any attempt to automate garbage collection in the


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community. Murphy stated that he supports automated garbage, but this ordinance will help the enterprise fund in the short-term. Waugh encouraged the Council to look hard at automated garbage collection. Hanks stated that the City must do adequate education before any automated garbage program is implemented. He spoke against the present ordinance because it only addresses a rate increase for one year. Hadley withdrew his motion to approve second reading of this ordinance. Motion was made by Murphy and seconded by Kroeger to approve second reading of Ordinance 3714. Roll call vote was taken: AYE: Murphy, Rodriguez, Dreyer and Kroeger; NO: Johnson, Hadley, Hanks, Steinburg, Waugh and Kriebel. Motion failed, 4-6. Motion was made by Johnson and seconded by Hadley to refer second reading of Ordinance 3714 to the Public Works Committee for review. City Attorney Pier stated that she did not feel this action was appropriate and Johnson withdrew the motion. Motion was made by Hanks and seconded by Waugh to reconsider the action taken on the motion to approve Ordinance 3714. Roll call vote was taken: AYE: Murphy, Hanks, Kroeger, Waugh and Kriebel; NO: Johnson, Hadley, Rodriguez, Dreyer and Steinburg. Munson voted AYE to break the tie and the item was reconsidered. Motion was made by Kriebel and seconded by Hadley to continue second reading of Ordinance 3714 to the September 4th Council meeting. Substitute motion was made by Hanks and seconded by Kriebel to approve second reading of Ordinance 3714. Roll call vote was taken: AYE: Murphy, Rodriguez, Dreyer, Hanks and Kroeger; NO: Johnson, Hadley, Steinburg, Waugh and Kriebel. Motion failed due to a tie vote. Discussion continued on the motion to continue this ordinance to September 4th. It was the consensus of the Council that this item would be discussed at the committee level prior to the next Council meeting. Upon vote being taken, the motion carried unanimously. Ordinance 3726 (No. LF081501-01), Supplemental Appropriation No. 6 for 2001, having passed the first reading on August 15, 2001, it was moved by Hadley and seconded by Murphy that the title be read the second time. The following voted AYE: Hanks, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel: NO: Johnson; whereupon the Mayor declared the motion passed and Ordinance 3726 was declared duly passed upon its second reading. Ordinance 3727 (No. LF081501-06) Regarding Supplemental Appropriation No. 7 for 2001 was introduced. Upon motion made by Hadley, seconded by Dreyer and carried, Ordinance 3727 was placed upon its first reading and the title was fully and distinctly read, and second reading set for Tuesday, September 4, 2001. Ordinance 3728 (No. 01RZ049) a request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on SE1/4 SE1/4 Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located at the northwest corner of the intersection of Country Road and Nike Road, was introduced. Upon motion made by Hadley, seconded by Murphy and carried, Ordinance 3728 was placed upon its first reading and the title was fully and distinctly read. The Finance Officer was authorized and directed to publish notice of hearing thereon, said hearing to be Tuesday, September 4, 2001. Ordinance 3729 (No. 01RZ050) a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot 1 and adjacent Philadelphia Street right-of-way, Huffman Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Cambell Street and north of East Philadelphia Street, was introduced. Upon motion made by Hadley, seconded by Murphy and carried, Ordinance 3729 was placed upon its first reading and the title was fully and distinctly read. The Finance Officer was authorized and directed to publish notice of hearing thereon, said hearing to be Tuesday, September 4, 2001. Ordinance 3730 (No. 01RZ051) a request by D.C. Scott Co. for Paul Bradsky for a Rezoning from General Commercial District and Medium Density Residential District to


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Light Industrial District on the following property, was introduced: 0.52 acre of land located in the NE1/4 SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; said 0.52 acre of land being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of Lot 4 of Polar Bear Subdivision, as shown on survey plat recorded in Plat Book 28, Page 69 in the office of the Pennington County Register of Deeds; Thence South 89º56’58” East along the south line of said Lot 4 of Polar Bear Subdivision, a distance of 450.28 feet to the southeast corner of said Lot 4 of Polar Bear Subdivision on the west right-of-way line of South Dakota Highway 79; Thence South 00º09’00” East, along said west right-of-way line of South Dakota Highway 79, a distance of 50.00 feet to the northeast corner of a certain tract of land described in deed recorded in Book 111, Page 249 in the office of the Pennington County Register of Deeds; Thence North 89º56’58” West, along the north line of said tract of land, a distance of 450.36 feet to a point for corner; Thence North 00º03’38” West, a distance of 50.00 feet to the POINT OF BEGINNING and containing 0.52 acres of land, more or less, located on Highway 79 south of Sydney Drive . Upon motion made by Hadley, seconded by Murphy and carried, Ordinance 3730 was placed upon its first reading and the title was fully and distinctly read. The Finance Officer was authorized and directed to publish notice of hearing thereon, said hearing to be Tuesday, September 4, 2001. Ordinance 3731 (No. 01RZ052) a request by Geiger Architecture for Rapid City School District, West River Electric Association, William C. Gikling, and the State of South Dakota Department of Transportation for a Rezoning from No Use District to Light Industrial District on the following property, was introduced: Lot 1, Less Lot H-1, Lot 2 and Lot 3 less Lot H-1, all in Block 2, Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 1, less the H lot in Lot 1, 2, 3 and 4 less the H-lot in Lot 4, in Block 1 of the Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 6 less the H lot in Lot 6, 7, 8 and 9 less the H-lot in Lot 9, in Block 1 of the Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot 2 of Lot D in NW1/4 of NE1/4; Lot C, School Lot and Lot RS all in Johnson School Subdivision in NW1/4 of NE1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot A of Lot 1 of Lot D, and Lot B of Lot 1 of Lot D, and Lot B, all in the NW1/4 NE1/4; and Lot A less the H lot in Lot A of the NE1/4 NW1/4 and Lot A less the H lot in Lot A of the NW1/4 NE1/4, all in Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of S.D. Highway 44 and Twilight Drive. Upon motion made by Hadley, seconded by Murphy and carried, Ordinance 3731 was placed upon its first reading and the title was fully and distinctly read. The Finance Officer was authorized and directed to publish notice of hearing thereon, said hearing to be Tuesday, September 4, 2001. Legal & Finance Committee Items The Mayor presented No. 01AN012, a request by City of Rapid City for a Resolution of Intent to Annex property located north of SD Highway East, east of Cambell Street and south of US Highway 16. The following Resolution was introduced, read and Hadley moved its adoption:

RESOLUTION DECLARING INTENT TO EXTEND THE BOUNDARIES OF THE CITY OF RAPID CITY BY ANNEXING THE WITHIN DESCRIBED TERRITORY

WHEREAS, the City Council of the City of Rapid City has conducted a study pursuant to SDCL 9-4-4.1 to determine the need for annexing the within described territory contiguous to the City of Rapid City and to determine and identify the territory, which study includes a document entitled “Annexation Study Cambell East Annexation Area,” filed in the office of the City Finance Officer; and,


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WHEREAS said study recommends that certain territory described therein, and legally described in this resolution, be annexed to and included within the boundaries of the City of Rapid City, NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the City of Rapid City hereby declares its intent to annex the following described territory:

Tract C of SW1/4 SW1/4, Section 32, Township Two (2) North, Range Eight (8) East, Black Hills Meridian, Pennington County, South Dakota; Lot 3-4 of NW1/4 SW1/4 and vacated alley less RTY, Section 32, Township Two (2) North, Range Eight (8) East, Black Hills Meridian, Pennington County, South Dakota; The unplatted portion of NW1/4 SW1/4, Section 32, Township Two (2) North, Range Eight (8) East, Black Hills Meridian, Pennington County, South Dakota; East 613 feet of the North 511 feet of SW1/4 SW1/4, Section 32, Township Two (2) North, Range Eight (8) East, Black Hills Meridian, Pennington County, South Dakota; East1/2 SE1/4 SW1/4, Section 32, Township Two (2) North, Range Eight (8) East, Black Hills Meridian, Pennington County, South Dakota; NW1/4 SE1/4 SW1/4, Section 32, Township Two (2) North, Range Eight (8) East, Black Hills Meridian, Pennington County, South Dakota; Tract B of SW1/4 SW1/4 less RTY, Section 32, Township Two (2) North, Range Eight (8) East, Black Hills Meridian, Pennington County, South Dakota; SW1/4 SE1/4 SW1/4, Section 32, Township Two (2) North, Range Eight (8) East, Black Hills Meridian, Pennington County, South Dakota;

BE IT FURTHER RESOLVED that the City Council of the City of Rapid City finds as follows: 1. That the territory to be annexed generally consists of 67.83 acres and includes platted

and unplatted lands in Section 32 of Township Two (2) North, Range Eight (8) East, of the Black Hills Meridian, all located in Pennington County, South Dakota.

2. That ample and suitable resources exist to accommodate the orderly growth and

development of said territory and that municipal utilities and a major street network are, and have been, considered in terms of the proposed boundary extension.

3. That the following is the timetable upon which municipal service will be extended into

said territory:

TIMETABLE A. GENERAL SERVICES. All services provided by the City, except as set forth below,

will be provided to the annexed area on the same basis such services are provided to the rest of the City upon annexation.


to the annexed area upon annexation on the same basis such services are provided to the rest of the City.


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C. FIRE. All services provided by the Rapid City Fire Department will be extended to the annexed area upon annexation on the same basis such services are provided to the rest of the City.

D. WATER SERVICE. Water service, substantially equivalent in standard and scope to

such service provided to the rest of the City, will be made available to the annexed area upon annexation, on the following basis:

(1) Acceptance of additions. The City will accept into its system for operation and

maintenance additional water service facilities constructed in accordance with City standards. Additions may be constructed by developers as future development takes place, by private parties constructing such additions after notice to the City and in compliance with City standards, or by the City under a resolution of necessity therefor.

(2) Construction of additions by the City. The City shall, within thirty (30) days after

receipt by the Finance Officer of a written request therefor signed by one or more owners of land located in the annexed area, undertake all such proceedings authorized by SDCL 9-48 as may be necessary and appropriate to permit:

(a) the construction of such water lines as may be necessary and appropriate to serve such land; and

(b) the assessment of the costs thereof as provided by law.

Such actions shall be undertaken in good faith and with all due dispatch; the City shall conduct all proceedings necessary for the adoption of a resolution of necessity within six (6) months from the date of receipt of written request; such improvements shall be constructed within two (2) years after the effective date of the resolution of necessity unless delayed by legal challenge. The written request need be in no particular form but need merely convey in good faith the nature of the request, the description of the land to be served, and the name of the person making the request.

Nothing in the foregoing shall be construed as obligating the City to construct any water service facilities at City expense; however, the City in its sole discretion may choose to participate in the cost of constructing all or any part of such facilities.

Nothing in the foregoing shall be construed as obligating the City to accept for operation or maintenance any water line extending from individual properties to the City system. Such individual service lines shall, as elsewhere in the City, be the responsibility of the owner of such individual property.

E. SEWER SERVICE. Sewer service, substantially equivalent in standard and scope to

such service provided to the rest of the City, will be made available to the annexed area upon annexation on the following basis:

(1) Acceptance of Additions. The City will accept into its system for operation and

maintenance such additional sewer lines constructed in accordance with City standards. Such additions may be constructed by developers as further development takes place, by private parties constructing such additions after notice to the City and in compliance with City standards, or by the City under a resolution of necessity therefor.


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(2) Construction of additions by the City. The City shall, within thirty (30) days after receipt by the Finance Officer of a written request therefor signed by one or more owners of land located in the annexed area, undertake all such proceedings authorized by SDCL 9-48 as may be necessary and appropriate to permit:

(a) the construction of such sewer lines as may be necessary and appropriate to serve such land; and

(b) the assessment of the costs therefor as provided by law.

Such actions shall be undertaken in good faith and with all due dispatch; the City shall conduct all proceedings necessary for the adoption of a resolution of necessity within six (6) months from the date of receipt of written request; such improvements shall be constructed within two (2) years after the effective date of the resolution of necessity unless delayed by legal challenge. The written request need be in no particular form but need merely convey in good faith the nature of the request, the description of the land to be served, and the name of the person making the request.

Nothing in the foregoing shall be construed as obligating the City to construct any sewer service facilities at City expense; however, the City in its sole discretion may choose to participate in the cost of constructing all or any part of such facilities.

Nothing in the foregoing shall be construed as obligating the City to accept for operation or maintenance any sewer line extending from individual properties to the City system. Such individual service lines shall, as elsewhere in the City, be the responsibility of the owner of such individual property.

F. STREETS. Street maintenance, sweeping, snow removal and roadside mowing shall

be provided for future public streets within the annexed area on the same basis as such services are provided to the rest of the City upon annexation.

G. SOLID WASTE COLLECTION AND DISPOSAL. Within sixty (60) days after

annexation the City will determine by ordinance whether the annexation area or any portion thereof is to be included within the Garbage Service District. In any area included within the Garbage Service District solid waste collection and disposal will be provided on the same basis and at the rates provided by ordinance. (Solid waste collection services provided by the City are limited to residential structures.)

In any event, within sixty (60) days after receipt by the City Finance Officer of a written request for such service signed by more than 50% of the residents of the annexation area, solid waste collection and disposal service will be provided to the annexation area on the same basis as such services are provided to the Garbage Service District. Such written request need be in no particular form but need only convey in good faith the request being made and the name of the persons making the request. Nothing shall preclude the City from accepting petitions from less than the entire area or serving only a portion of the annexation area.

Use of the City Landfill will be available to residents of the annexed area upon annexation on the same basis such use is made available to the rest of the City.


Department shall be made available to the residents of the annexed territory on the same basis such services are provided to the rest of the City upon annexation.


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I. LIBRARY. All services provided by the Rapid City Public Library shall be made available to the residents of the annexed territory on the same basis such services are provided to the rest of the City upon annexation.

4. That the appropriate costs of the extended service to the residents of the said territory

and to the City are as follows:

APPROXIMATE COSTS A. GENERAL SERVICES. All services as set forth in Paragraph A of the Timetable may

be provided to the annexed area without discernible additional cost to the residents of the annexed area or to the City of Rapid City; provided, however, that the use of services requiring the payment of fees shall be provided in return for payment of such fees in accordance with the applicable ordinances and regulations.


to the annexed area. The costs to the City are negligible. C. FIRE. All fire suppression services are now provided by the North Haines rural Fire

Protection District through the North Haines Volunteer Fire Department. Upon annexation the Rapid City Fire Department will provide emergency services (including fire suppression, medical/rescue services, and hazardous material handling) and non-emergency services (including fire inspection/investigation and public education). The cost to the City will be negligible.

D. WATER. The City’s water system is operated on an enterprise fund basis, i.e., the

revenue produced from water service charges are used to provide water supply and to maintain the system. The cost, not including costs to be assessed as set forth below, to the residents of the annexed area and other water users for water supply and system maintenance would be the monthly water service charges prescribed by ordinance for users of the system. The cost to the City for any given period is necessarily speculative but in the long run would be roughly equivalent to the revenue generated from water service charges. Revenues and expenditures associated with the annexed area would not be separated from the enterprise fund for the entire system.

Costs for constructing additions to the City’s water system will be assessed according to law, if constructed by the City, or will be paid by the developer or other persons constructing such additions.

Connection charges to the existing water and sewer system will be pursuant to the adopted “Resolution of Necessity” for assessed projects or on the same basis as such services provided to the rest of the City.

The rate charged will be reduced to one time the City rate effective at first billing that occurs at least fifteen (15) days after annexation becomes effective.

E. SEWER. The City’s sewer system is operated on an enterprise fund basis, i.e., the

revenue produced from sewer service charges are used to collect and treat wastewater and sewage and to maintain the system. The cost, not including costs to be assessed as set forth below, to residents of the annexed area and other users for collection, transportation, treatment and system maintenance would be the monthly sewer service charges prescribed by ordinance for users of the system. The cost to the City for any given period is necessarily speculative but in the long run would be roughly equivalent to the revenue generated from sewer service charges. Revenues


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and expenditures associated with the annexed area would not be separated from the enterprise fund for the entire system.

All costs for constructing additions to the City’s sewer system will be assessed according to law, if constructed by the City, repaid with hookup charges, or will be paid by the developer or other persons constructing such additions. Costs to the City do not include any estimated costs for acquisition of easements. Typically such easements are obtained for nominal consideration, particularly when the costs are to be assessed. To the extent the typical does not apply and the use of eminent domain is necessary, the resulting costs are highly speculative.

City costs also do not include the cost of constructing the private service lines from the City’s system to individual properties. Construction of such lines and the subsequent maintenance thereof are the responsibility of the individual property owners. Tap fees and permit fees are prescribed by ordinance. Such charges are roughly equivalent to the City’s cost and are paid by the user.

The rate charged will be the City rate effective at first billing that occurs at least fifteen (15) days after annexation becomes effective.

F. STREETS. Paved streets are repaired as necessary. Asphalt streets are repaired

only as required when pot holes, alligatoring or like problems make repairs necessary.

Streets developed as public streets within the subject territory will receive repair, sweeping, snow removal, traffic controls, street lighting and road side mowing on the same basis as the rest of the City. Costs will be dependent on the future street system.

G. SOLID WASTE COLLECTION AND DISPOSAL. The City’s sanitation system is

operated on an enterprise fund basis. The sanitation system serves only residential occupancies. Some areas of the City presently are not included in the Garbage Service District at the request of the residents of those areas. If the annexed area is included within the Garbage Service District the cost to the residents would be the garbage service charges prescribed by ordinance, currently at the rate of $11.57 per month per household.

The rates for garbage collection and disposal service are designed to be roughly equivalent to the long-run cost to the City of providing such service. No short-run capital expense as a result of service to the annexed area is anticipated.

The cost of providing use of the City’s landfill to users outside the Garbage Service District is roughly equivalent to the fees charged therefor. Residential users employing the services of a collector licensed by the City are entitled to use of the Landfill without additional charge.


Department will be provided to the residents of the annexed area with no discernible additional cost to the City or the residents of the annexed area.

I. LIBRARY. All services provided by the Rapid City Public Library will be provided to

the residents of the annexed area with no discernible additional cost to the City or the residents of the annexed area.

J. The foregoing notwithstanding, the residents of the annexed area will be subject to all

of the various fees and charges provided by ordinance, regulations, or administrative action for numerous services provided by the City. The incidence of such charges is


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highly speculative and largely within the choice of the person to be charged. Examples of such charges range from building permit fees to library book fines, from xerox copy charges to charges for swimming pool passes.

K. All of the cost estimates set forth herein are based on 2001 costs. 5. That the estimated difference in the 2001 tax assessment rate applied to an owner

occupied property within the subject territory upon annexation would be the addition of the City of Rapid City levy of 3.4252 mills and elimination of the combined Fire Administration, Library and unorganized road levy of 1.7234 mills and the North Haines Fire levy of 0.9826 mills. The total levy would therefore increase by .7192 mills, an estimated 3.95%.

That the estimated difference in the 2001 tax assessment rate applied to a non-agricultural property within the subject territory upon annexation would be the addition of the City of Rapid City levy of 3.4252 mills and elimination of the combined Fire Administration, Library, and unorganized road levy of 1.7234 mills and the North Haines Fire levy of 0.9826 mills. The total levy would therefore increase by .7192 mills, an estimated 2.68%.

6. That exclusions or irregularities in boundary lines are not the result of arbitrariness but

are based upon existing city limit lines, existing features, existing property boundaries, and existing occupancies and uses.

7. That there is reasonable present and demonstrable future need for annexing said

territory. 8. That population and census data indicate that the City has and may experience growth

or development beyond its present boundaries. 9. That there exists a commonality between the within described territory and the existing

City of Rapid City. 10. That there are no significant physical barriers between the within described territory

and the existing City of Rapid City. 11. That annexation of the within described territory to the City of Rapid City will result in a

more compact, integrated City. DATED this 20th day of August 2001.

THE CITY COUNCIL OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for adoption of the foregoing Resolution was seconded by Dreyer. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted. The next item discussed by the Council was No. 01TP009, a request to authorize Mayor and Finance Officer to sign Amendment No. 3 to the Agreement between the Alliance of Architects and Engineers and the City of Rapid City for the Box Elder Central Arterial Preliminary Design for an amount not to exceed $794.36. Motion was made by Hadley and seconded by Dreyer to approve the request. Johnson spoke against the motion noting that


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the City would be responsible for 100% of this bill and the property is not located within the corporate limits of Rapid City. Roll call vote was taken: AYE: Murphy, Dreyer and Hanks; NO: Johnson, Hadley, Rodriguez, Kroeger, Steinburg, Waugh and Kriebel. Motion failed, 3-7. The next item before the Council was No. LF081501-11. Motion was made by Hadley and seconded by Johnson to reconsider Council Action for Comprehensive Plan Amendment (01CA022) and Rezoning Rquest (01RZ032). Dreyer abstained from voting on this item. Upon vote being taken, the motion carried unanimously. Motion was made by Hadley and seconded by Steinburg to deny No. 01CA022 and No. 01RZ032 without prejudice. Dreyer abstained from discussion or voting on this item. Upon vote being taken, the motion carried unanimously. Motion was made by Hadley, seconded by Waugh and carried to authorize the Mayor and Finance Officer to sign an Agreement with Walgar Development Company relative to special assessment and plat of property located on Parkview Drive. Preston explained that according to this agreement, the City will pay the assessment now owing against the property with the understanding that it will be re-assessed after November 1, 2001 when the property is re-platted. Public Works Committee Items The Mayor presented No. 01VE006, a Vacation of Drainage and Utility Easement for petitioner CETEC Engineering for RCS Construction, located immediately north of 2220 South Eglin. The following Resolution was introduced, read and Kroeger moved its adoption:

RESOLUTION OF VACATION OF UTILITY AND MINOR DRAINAGE EASEMENT AND DRAINFIELD EASEMENT

WHEREAS it appears that a certain utility and minor drainage easement and drainfield easement located on:

Lots 1 and 2 of Carefree Subdivision located in the N1/2 of the NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota

is not needed for public purposes; and WHEREAS the owner of said property desires said utility and minor drainage easement and drainfield easement to be vacated and released. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the utility easement and minor drainage and drainfield easement heretofore described, and as shown on Exhibit A attached hereto, be and the same is hereby vacated. Dated this 20th day of August, 2001. CITY OF RAPID CITY ATTEST: s/ Jerry Munson, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for adoption of the foregoing Resolution was seconded by Dreyer. The following voted AYE: Hanks, Johnson, Murphy, Steinburg, Rodriguez, Waugh, Kroeger, Hadley, Dreyer and Kriebel; NO: None, whereupon said Resolution was declared duly passed and adopted.


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Finance Officer Motion was made by Steinburg, seconded by Hanks and carried to authorize the Finance Officer to issue a treasurers check in the amount of $15,401.76 to pay the special assessment due on property owned by Walgar Development Company. Motion was made by Hanks, seconded by Steinburg and carried to authorize staff to purchase a One Ton Chassis from Ted Tufty Dodge off State Contract No. 13030 for the Street Department, in the amount of $22,934. Preston also informed the Council that petitions have been filed in the Finance Office with sufficient signatures to stop the Dyess Avenue Water Extension Project W99-845. No further action is required. Bills The following bills having been audited, it was moved by Hadley, seconded by Dreyer and carried to authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment thereof: Payroll Ending 08-11, Paid 08-17-01 619,538.90 Payroll Ending 08-11, Paid 08-17-01 3,587.80 Pioneer Bank, 08-17 taxes, Paid 08-17-01 156,980.02 Pioneer Bank, 08-17 taxes, Paid 08-17-01 269.45 First American Administrators, 08-06 claims, paid 08-08-01 21,269.87 First American Administrators, 08-13 claims, paid 08-15-01 77,147.17 First American Administrators, 08-16 claims, paid 08-17-01 692.79 Berkley Administrators, workers comp claims, paid 8-06-01 3,905.30 SD Dept. of Revenue, sales tax, Paid 8-17-01 26,220.38 Amtech Emergency Products, rescue vehicle 119,935.00 Brad Holt, refund - trailer 1,150.00 Computer Bill List 3,523,425.30 Subtotal $4,554,121.98 Payroll Ending 08-11, Paid 08-17-01 2,286.88 Pioneer Bank, 8-03 taxes, Paid 8-03-01 170.01 Carquest, vehicle repairs 28.50 City of Rapid City, postage 17.37 City of Rapid City, insurance 560.40 Corporation for National Service, refund, grant 900.00 Dakota Business Center, copier usage 16.82 SD Retirement System, pension 206.35 SD School of Mines, telephone 63.40 Standard Life, insurance 7.92 Total $4,558,379.630 Treasurers Checks Heavy Constructors 4,418.20 Heavy Constructors 2,288.49 Ted Tufty Dodge 22,934.00 Total $4,588,020.32 Alderperson Items Motion was made by Hadley and seconded by Waugh to reconsider the action taken on Agenda Item No. 128 relative to the Box Elder Central Arterial Preliminary Design. Upon


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vote being taken, the motion to reconsider carried with Johnson voting no. Motion was made by Hadley and seconded by Dreyer to authorize Mayor and Finance Officer to sign Amendment No. 3 to the Agreement between the Alliance of Architects and Engineers and the City of Rapid City for the Box Elder Central Arterial Preliminary Design for an amount not to exceed $794.36. Kriebel stated that this amendment is only to authorize the contractor to set pins for a right-of-way, at a minimal cost. Elkins concurred noting that this action will allow the transfer of the right-of-way from the federal government to the State. Pennington County will subsequently assume responsibility for maintenance of the road. Kriebel stated that in light of the fact that the Base Closure Committee will be reconvened, perhaps the City should agree to pick up this cost. Upon vote being taken, the motion carried with Johnson voting no. Motion was made by Hadley, seconded by Johnson and carried to adjust the City Council Agenda by moving “Special Items and Items from Visitors” to the front of the agenda just after “Alderperson Items”. Executive Session Motion was made by Johnson, seconded by Hadley and carried to go into executive session to discuss pending litigation. The Council came out of executive session with Steinburg absent. Motion was made by Hanks, seconded by Dreyer and carried to approve the McGlone v. City of Rapid City case on the terms and conditions discussed in executive session. Motion was made by Hanks, seconded by Dreyer and carried to approve the Offer of Judgment in the Brett Lee v. Kevin Kennedy and the RC Fire Department case on the terms and conditions discussed in executive session. As there was no further business to come before the Council at this time, the meeting adjourned at 9:30 P.M. CITY OF RAPID CITY ATTEST: Mayor Finance Officer (SEAL)

official proceedings of the city council monday, august...

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