PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota. May 7, 2007

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota May 7, 2007 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, May 7, 2007 at 7:00 P.M. The following members were present: Mayor Jim Shaw and the following Alderpersons: Karen Olson, Ron Kroeger, Sam Kooiker, Malcom Chapman, Tom Johnson, Lloyd LaCroix, Bill Okrepkie, Bob Hurlbut, and Deb Hadcock; and the following Alderpersons arrived during the course of the meeting: Mike Schumacher; `and the following were absent: None. Staff members present included Finance Officer Jim Preston, City Attorney Jason Green, Growth Management Director Marcia Elkins, Public Works Director Dirk Jablonski, Fire Chief Gary Shepherd, Police Chief Craig Tieszen, and Administrative Coordinator Jackie Gerry. ADOPTION OF AGENDA The following items were added to the agenda: Basin Electric Intertie Noise and Vibration Study Update, Alderman Hadcock Downtown Parking Subcommittee meeting, Alderman Okrepkie Request emergency authorization to purchase hydraulic pump for Landfill compactor Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, and sidewalk, along the subject access easement (07SW008) Okrepkie moved, second by LaCroix and carried to adopt the agenda as amended. APPROVE MINUTES Olson moved, second by Johnson and carried to approve the minutes of April 16, 2007 and April 10, 2007 City Council Planning Session. AWARDS AND RECOGNITIONS The Chair acknowledged Chip Rasmussen, who made a presentation of a gift from the Mayor of Nikko, Japan. Mayor Shaw presented the Citizen of the 2 nd Quarter 2007 to Russell Salamun and commended him on his dedicated service to the Rapid City community. At 7:17 P.M. Alderman Schumacher entered the meeting. GENERAL PUBLIC COMMENT Jim Phoenix, Rapid City indicated his interest in stormwater management and asked when a formal plan would be presented to the citizens of Rapid City. Steven Brenden, Rapid City

extended his appreciation to the Street Division on their street sweeping efforts in his neighborhood. Brenden suggested that any item to be pulled from the continued public hearing consent items be done during the adoption of the agenda. Brenden indicated his interest in the revitalization and development in the downtown area. NON-PUBLIC HEARING ITEMS -- Items 3-84 Okrepkie moved, second by Hurlbut and carried to open public comment on Items 3-60. Steven Brenden, Rapid City addressed item #39 (LF050207-09) indicating the importance of an additional liaison officer for Central High School; and #54 (LF050207-22) asking staff to include contract amounts in their report to the Council. Jim Phoenix, Rapid City addressed items #41 (LF050207-10) indicating his experience in handling hazardous materials. Chapman moved, second by Olson and carried to close public comment on Items 3-60. CONSENT ITEMS Items 3-60 The following items were removed from the Consent Items: 35. Acknowledge report regarding the Budgeting for Outcomes Seminar in Little Rock, Arkansas 36. Acknowledge report regarding Motorcycle Awareness month Johnson moved, second by Hurlbut and carried to approve the following items as they appear on the Consent Items. Alcoholic Beverage License Applications Set for Hearing (May 21, 2007) 3. Rushmore German Club for a special Beer License for an event scheduled June 29 30, 2007 at 6 th Street and Main Street during Festival of Presidents 4. Black Hills Heritage Festival for a special Beer License for an event scheduled June 29, 30 and July 1, 2007 in Memorial Park 5. A J, Inc. dba Shotgun Willies, 2808 West Main Street for a Retail (On-Sale) Liquor License Transfer from Shotgun Willies, Inc. dba Shotgun Willies, 2808 West Main Street Public Works Committee Consent Items 6. No. PW050107-02 - Approve the traffic control sign installation on Saint Patrick Street at Mount Rushmore Road, prohibiting right-turn movements on a red light for west bound traffic 7. No. PW050107-03 Approve Change Order No. 2F for 2006 Roof Replacement Project No. IDP06-1546 to Black Hills Roofing for an increase of $2,635.86 8. No. PW050107-04 Approve Change Order No. 2 for Country Road Lift Station Project No. SS03-1255 to R.C.S. Construction, Inc. for an increase of $808.42 9. No. PW050107-05 Approve Change Order No. 3 for Meade Street Reconstruction - Phase I, East Meade Street from Birch Avenue to Hoefer Court Project No. DR03-1333 / CIP No. 50145 to Highmark, Inc. for a decrease of $3,625.00 10. No. PW050107-06 Approve Change Order No. 2 for Prairie Fire Sewer Main - Southside Drive Sanitary Sewer Trunk Line Project No. SS06-1594 / CIP No. 50659 to Site Work Specialists, Inc. for an increase of $3,250.50 11. No. PW050107-07 Authorize staff to advertise for bids for Limestone Gravel 2

12. No. PW050107-08 Authorize staff to advertise for bids for Ready Mixed Concrete 13. No. PW050107-09 Authorize staff to advertise for bids Hot Mixed Asphaltic Concrete 14. No. PW050107-10 Authorize staff to advertise for bids for 2007 Neighborhood Mill and Overlay Project No. ST07-1652 15. No. PW050107-11 Authorize staff to advertise for bids for a 2007 Articulating Motorgrader (replacement) 16. No. PW050107-12 Authorize the Mayor and Finance Officer to sign Amendment No. 5 to the Professional Services Agreement with Advanced Utility Systems Corporation for Utility Billing System Software Project No. PW06-1593 for an amount not to exceed $27,950.00 17. No. PW050107-13 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for $103,780.00 for Preliminary Design for the Elk Vale Water Reservoir Project No. W07-1638 18. No. PW050107-14 Authorize the Mayor and Finance Officer to sign a Work Order from Montana-Dakota Utilities to relocate a gas line around the Dahl Art Center Expansion for an amount not to exceed $51,092.00. 19. No. PW050107-15 - Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with FMG, Inc. for Material Testing for the Dahl Fine Arts Expansion Project No. IDP04-1367 for an amount not to exceed $28,325.15 20. No. PW050107-16 Authorize the Mayor and Finance Officer to sign Amendment Number One to the Professional Services Agreement with Sperlich Consulting, Inc. for Catron Boulevard Sanitary Sewer Main Extension Project No.: SS07-1635 / CIP #50671 for an amount not to exceed $34,789.00 21. No. PW050107-17 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Geiger Architecture for the renovations and improvements to the Police Evidence-Traffic-Transit Building for an amount not to exceed $191,360.00 22. No. 07VE005 - Approve with stipulations, a Vacation of a Drainage and Utility Easement for petitioner Terry E. Smith and Robin L. Patterson on Lot 1 of Block 3 of Stoney Creek Subdivision Phase I, located in the SW1/4 NW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located 5215 Winterset Drive RESOLUTION OF VACATION OF UTILITY AND DRAINAGE EASEMENT WHEREAS it appears that a portion of the utility and drainage easement on Lot 1 of Block 3 of Stoney Creek Subdivision Phase I, located in the SW1/4 NW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5215 Winterset Drive, is no longer needed for public purposes; and WHEREAS the owner(s) of the above-described property desire that said portion of the utility and drainage easement be vacated and released. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the portion of the utility and drainage easement heretofore described, and as shown on Exhibit "A", attached hereto and incorporated herein by this reference, is not needed for a public purpose and is hereby vacated. 3

Dated this 7 th day of May, 2007. ATTEST: s/ James F. Preston Finance Officer CITY OF RAPID CITY s/ Jim Shaw, Mayor 23. No. 07VE006 - Deny without prejudice, a Vacation of Non-Access Easement for petitioner DOECK, LLC on Lot 32 of Block 3 of Auburn Hills Subdivision, located in the SW1/4 of the NW1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Charmwood Drive and Cobalt Drive 24. Authorize staff to prepare a subdivision plat for Tract 3, Discovery Subdivision 25. No. PW050107-20 Authorize staff to advertise for bids for Rapid City Playgrounds Project (2012), Scott Mallow Park 26. No. PW050107-21 - Authorize staff to advertise for bids for Rapid City Playgrounds Project (2012), College Park Legal & Finance Committee Consent Items 27. No. LF050207-01 - Authorize the Mayor and Finance Officer to sign South Dakota Department of Transportation Right of Way Permit Application for Festival of Presidents Parade 28. No. LF050207-02 Approve appointment of Pete Anderson to the Tax Increment Committee 29. No. LF050207-03 Approve appointment of Mark Bradsky to the Residential Contractor Board 30. No. LF050207-26 - Approve appointment of Mayor Jim Shaw, Lloyd LaCroix, Malcom Chapman, Judge Janine Kern, Brenda Young, Sheryl Kirkeby, Karrie Robley, Dave Lust, and one member of the Black Hills Chamber of Commerce to the City Platform for Strengthening Families and Improving Outcomes for Children and Youth Task Force 31. No. LF050207-05 - Request staff to schedule a meeting of the Consultant Selection Oversight Committee within the next 90 days 32. No. LF050207-06 - Acknowledge Capital Improvements Program Committee monthly update for April, 2007 33. No. LF050207-07 Approve the 2007 -- 2012 Capital Plan for Streets, Drainage, MIP Projects 34. Approve $13,000 from CIP Contingency for a sidewalk repair/replacement project for the Journey Museum 37. Request the Sign Code Task Force reconvene to discuss the issue of on-premise relocation of signs 38. No. LF050207-09 Authorize staff to apply for grant funding for police officers 39. No. LF050207-09 Authorize staff to enter into negotiations with Rapid City Schools for an additional liaison officer at Central High School 40. No. LF050207-27 - Authorize staff to apply for Bulletproof Vest Partnership Grant 41. No. LF050207-10 Authorize the Mayor and Finance Officer to sign Agreement for Emergency Response to Weapons of Mass Destruction and Hazardous Materials Incidents between City of Rapid City, the Rapid City Department of Fire and Emergency Services, Pennington County, and Todd County 4

42. No. LF050207-11 Authorize staff to purchase three (3) Chevrolet Colorado Compact 4x4 crew cab pickup trucks from Lamb Chevrolet, Onida, South Dakota from the State of South Dakota Contract #14994 in an amount not to exceed $57,834.00 43. No. LF050207-24 Request the Mayor to renew the membership of the 2003 International Building Code committee and authorize staff and the committee to begin the process of adoption of the 2006 International Building Code 44. No. LF050207-25 Authorize staff and the contractor boards to begin reviewing the 2006 International Residential Code and the 2006 International Mechanical Code and bring forward recommendations for Council consideration following the completion of public hearings on all proposed revisions 45. No. LF050207-12 Approve Resolution to Amend the AFSCME Compensation Wage Plan to Establish the Position of Water Reclamation Truck Driver RESOLUTION TO AMEND THE AFSCME UNION COMPENSATION WAGE PLAN TO ESTABLISH THE POSITION OF WATER RECLAMATION TRUCK DRIVER WHEREAS, the position title of Sanitation Truck Driver and job classification description has been utilized previously; and WHEREAS, the position title no longer reflects the location for which the position performs a unique function and thus, the job classification title should be changed to reflect this. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rapid City to revise the AFSCME Union Pay Plan by deleting the title of Sanitation Truck Driver; and BE IT FURTHER RESOLVED by the City Council of the City of Rapid City to amend the AFSCME Union Pay Plan by adding the position classification title of Water Reclamation Truck Driver at the same grade. Job Title Grade Wage Water Reclamation Truck Driver 10 $13.06 to $19.88/hr. Dated this 7 th day of May, 2007. ATTEST: s/ James F. Preston Finance Officer CITY OF RAPID CITY s/ Jim Shaw, Mayor 46. No. LF050207-13 Approve Travel Request for Jim Preston, Coleen Schmidt, Pauline Sumption, Connie Ewing, Tracy Davis, Robin Bommersbach, Jason Green, Karie Price, and Cathy Druckrey to attend the HR and Finance Officers School in Pierre, SD, June 12-15, 2007, in the approximate amount of $3,167 47. Acknowledge the following volunteer for workmen compensation purposes: Vera Mettler 48. Acknowledge the report regarding Iron Planet (e-bay for heavy equipment) 5

49. No. LF050207-14 Authorize the Mayor and Finance Officer to sign Memorandum of Agreement with DTH, LLC regarding Vicki Powers Park and TID 54 50. No. LF050207-15 Approve Resolution Declaring Property Surplus for GIS RESOLUTION DECLARING PROPERTY SURPLUS WHEREAS the below-described property is no longer necessary, useful or suitable for municipal purposes NOW, THEREFORE, BE IT RESOLVED that the following property be declared surplus and disposed of according to state statutes, including disposal, sale or trade-in on new equipment: GIS Gateway 8400 NTS Server, S/N: 0019319921 System #465 BE IT FURTHER RESOLVED that the Mayor and Finance Officer may do all acts necessary to dispose of this property according to state law. Dated this 7 th day of May, 2007. ATTEST: s/ James F. Preston Finance Officer CITY OF RAPID CITY s/ Jim Shaw, Mayor 51. No. LF050207-28 - Approve amended Travel Request for Dave McFarland to attend NAFA s Fleet Management Institute from May 3-9, 2007, in an approximate amount of $2,623.62 52. No. LF050207-17 Acknowledge raffle request for Rapid City Regional Hospital Foundation 53. No. LF050207-19 Approve request for ice cream vending license from Fred V. Bush, Sr., d/b/a F & F Concession 54. No. LF050207-22 Acknowledge quarterly report on contracts reviewed by City Attorney s office 55. No. LF050207-29 - Approve raffle request from Black Hills Community Theatre 56. No. LF050207-23 Approve abatement for Kathy K. Mudlin, $219.88 57. Approve the following licenses: Central Station Service: Alarm Central, LLC, Jeremy Wyble; Residential Contractor: Ryan Kelly, Dean Kelly Construction Inc.; Shaun Clauson, Clauson Construction & Design Inc.; Kent Petersen, Petersen Custom Builders Inc.; Tim Wickler, Tim Wickler Construction; Euel Leonard IV, T-IV Construction; and George Matthew, G M & S Construction; Mobile Home Court: Jennie Rosenkranz, Ash Avenue Mobile Home Park; Electrical Journeyman: Ty Brown, Alvaro Navarro, Foster Boyd, and Harley Baker; Electrical Contractor/Master: Tony Randolph, Covenant Electric; and Dan Anderson, S & D Electric; Gas Fitting Apprentice: Tyler Stone; Plumbing Contractor: Jon Anderson, Plumbing Plus; Darrel Barry, Darrell s Plumbing & Heating; Tim Callahan, Callahan Plumbing & Heating; Michael Coleman, Progressive Plumbing; Daryl Aston, Action Mechanical; Mike Busetti, Black Hills Plumbing; Chad 6

Erlenbusch, Always Plumbing; Joseph Fischbach, Fischbach Plumbing & Heating; Jason Franke, Day & Night Plumbing; Jeff Minnick, Minnick Plumbing; John D Hammond Jr., Action Mechanical; Rod Holmes, Holmes Plumbing Inc.; Tom Schultz, C & S Plumbing; John D Shook, Action Mechanical; Myron Tatum, Action Mechanical; and Curt Wieman, Wieman Plumbing & Heating; Plumbing Plumber: Christopher Alumbaugh, Bradley Anderson, Eric Blackwell, Aaron Brown, Mark Butts, Dennis Carlton, Samuel Foight, Roger Friedrichsen, Terry Godfrey, Tim Hillestad, Roger Johnson, Joseph Kerns, Shawn Kluever, Troy Konda, Bill Mathieu, Tim Nayman, Scott Piebenga, Chadwick Raverty, Donnie Sheffield, Eric Shuman, Rick Sidle, Leonard Snavely, Brian Swenson, Timothy Van Buren, Shoun Vanderpol, and John Shorter; Plumbing Apprentice: Marlon Bordeaux, Dustin Christensen, Marc Dummermuth, William Kribell, John Kushman, Clifford Larson, Casey Monson, Glenn Penwell, Kenneth Petersen, Rick Reed, Troy Sharkey, Byron Shots, Scott Thayer, and Antonio Weston Sr. Growth Management Department Consent Items 58. No. 07PL044 - A request by Fisk Land Surveying & Consulting Engineers for Michael Leiby for a Layout Plat on Lots 16A and 16B of Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 16 of Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5870 Mercury Drive. (APPROVE LAYOUT PLAT WITH THE FOLLOWING STIPULATIONS: 1. Upon submittal of a Preliminary Plat application, a grading plan and an erosion and sediment control plan for all improved areas shall be submitted for review and approval; 2. Upon submittal of a Preliminary Plat application, a drainage plan in compliance with the City of Rapid City Drainage Criteria Manual shall be submitted for review and approval. In addition, the drainage plan shall demonstrate that the design flows do not exceed pre-developed flows or on-site detention shall be provided. If on-site detention is required, then design calculations and details for the detention shall be submitted for review and approval. In addition, the plat document shall be revised to provide drainage easements as necessary; 3. Upon submittal of a Preliminary Plat application, s ewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines be submitted for review and approval or a Variance to the Subdivision Regulations must be obtained. In addition, the plat document shall be revised to show utility easement(s) as needed; 4. Upon submittal of a Preliminary Plat application, water plans prepared by a Registered Professional Engineer showing the extension of water mains shall be submitted for review. If a shared well and/or a community water facility is proposed then it shall be designed as a public water system or a Variance to the Subdivision Regulations shall be obtained. In particular, the water system shall be constructed and designed to provide adequate fire and domestic flows. In addition, the plat document shall be revised to show utility easement(s) as needed; 5. Upon submittal of a Preliminary Plat application, road construction plans for that portion of Mercury Drive along the south side of the subject property shall be submitted for review and approval. In particular, the road construction plans shall show the street located in a minimum 52 foot right-of-way and constructed with a minimum 27 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 6. Upon submittal of a Preliminary Plat application, information shall be submitted to the Growth Management Department demonstrating that the Rapid Valley Sanitation District staff has reviewed and approved the utility plans; 7. Upon submittal of a Preliminary Plat application, a cost estimate of the 7

subdivision improvements shall be submitted for review and approval; and, 8. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid.) 59. No. 07PL055 - A request by Fisk Land Surveying & Consulting Engineers for O'Brien Construction for a Preliminary Plat on Lots 8A and 8B of Lot 8, Block 10, Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 8 in Block 10 of Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Heidiway Lane between Carmel Point and Sheridan Lake Road. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, construction plans shall be submitted for review and approval showing a sidewalk along both sides of Carmel Point or a Variance to the Subdivision Regulations shall be obtained; 2. Prior to Preliminary Plat approval by the City Council, the applicant shall demonstrate that the existing water and sewer service lines to serve the proposed lot(s) are located and designed in compliance with the City of Rapid City Standard Specifications or the existing service lines shall be abandoned and new service lines extended accordingly; 3. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; 4. Prior to submittal of a Final Plat application, the plat certificates shall be revised to show the plat as a Final Plat in lieu of a Minor Plat. 5. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and, 6. Prior to the City s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.) 60. No. 07PL056 - A request by Fisk Land Surveying & Consulting Engineers for O'Brien Construction for a Preliminary Plat on Lots 9A, 9B, 10A and 10B, Block 10, Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 9 and 10 in Block 10 of Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Heidiway Lane between Carmel Point and Sheridan Lake Road. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, construction plans shall be submitted for review and approval showing a sidewalk along both sides of Carmel Point or a Variance to the Subdivision Regulations shall be obtained; 2. Prior to Preliminary Plat approval by the City Council, the applicant shall demonstrate that the existing water and sewer service lines to serve the proposed lot(s) are located and designed in compliance with the City of Rapid City Standard Specifications or the existing service lines shall be abandoned and new service lines extended accordingly; 3. Prior to Preliminary Plat approval by the City Council, written documentation from all of the affected utility companies shall be submitted for review and approval indicating concurrence with the vacation of the eight foot wide utility and drainage easement along the common lot line between Lot 9 and Lot 10 or a utility easement shall be retained; 4. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; 5. Prior to submittal of a Final Plat application, the plat certificates shall be revised to show the plat as a Final Plat in 8

lieu of a Minor Plat. 6. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and, 7. Prior to the City s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.) END OF CONSENT CALENDAR Alderman LaCroix reported on his attendance at the Budgeting for Outcomes Seminar and extended an offer to review the conference materials he received with Council members. Chapman moved, second by Olson and carried to acknowledge report regarding the Budgeting for Outcomes Seminar in Little Rock, Arkansas. Alderman LaCroix indicated that May is motorcycle awareness month and asked that all motorists remain watchful of the motorcycle rider. Johnson moved, second by Chapman and carried to acknowledge report regarding Motorcycle Awareness month. Olson moved, second by Chapman and carried to open public comment on Items 61-84. Fred Weishaupl, Rapid City addressed items #74 (07TI005) and #75 (07TI006) indicating his concern with the number of Tax Increment Financing districts approved by the City. He explained that during the past two years the City has approved ten Tax Increment Financing districts totaling $31.6 Million and $30.9 Million in interest; and approving the proposed TIF will add an additional $23 Million. He suggested that the City will not realize any revenue from the commercial projects for twenty years and the citizens and visitors will have to spend $4.2 Billion in order to break even. Weishaupl suggested that the City reimbursing Dream Design for the project design, paying for the project s infrastructure, and attempting to give City-owned property to Dream Design is triple dipping. Weishaupl asked the Council to deny or continue the Tax Increment Financing district, indicating that he has requested the Attorney General s office convene a grand jury to investigate the Mayor and Council regarding the use of the TIF statute. Steven Brenden, Rapid City addressed items #74 (07TI005) and #75 (07TI006) indicating that the TIF s are a financial boon for the financial institutions of the City. He indicated that he did not appreciate that they get their tax increases put into paying off their infrastructure when the infrastructure of the older neighborhoods are deteriorating. He suggested the City should be leading development rather than a developer leading the City. Chapman moved, second by Okrepkie and carried to close public comment on Items 61-84. NON-CONSENT ITEMS Items 61-84 ORDINANCES Ordinance No. 5281 (No. LF050207-20), Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code was introduced. Okrepkie moved, second by Hurlbut and carried that Ordinance No. 5281 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, May 21, 2007. Ordinance No. 5282 (No. LF050207-21), Amending the Prohibition on Aggressive Solicitation Within the City of Rapid City by Amending Section 9.08.020(B)(4) of the Rapid City Municipal Code was introduced. Okrepkie moved, second by Hurlbut and carried that Ordinance No. 5282 9

be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, May 21, 2007. Ordinance No. 5283 (No. 07RZ029), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on a tract of land located in the N1/2 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota more particularly described as follows: Beginning at the C-W1/16 corner of said Section 3; thence along the east/west 1/4 line of said Section 3 S89º57'22"W a distance of 662.08 feet; thence S89º56'40"W a distance of 208.22 feet; thence S00º12'49"E a distance of 662.59 feet; thence N89º58'04"E a distance of 413.48 feet; thence S00º00'00"E a distance of 31.60 feet; thence N89º52'05"E a distance of 689.38 feet; thence S00º01'33"E a distance of 631.94 feet; thence N89º46'49"E a distance of 159.74 feet; thence S89º56'58"E a distance of 240.23 feet; thence S89º55'17"E a distance of 62.97 feet; thence N89º59'12"E a distance of 252.11 feet; thence N00º14'43"W a distance of 186.68 feet; thence N00º16'15"W a distance of 115.1 feet; thence S89º45'52"W a distance of 92.79 feet; thence N05º55'11"W a distance of 47.62 feet; thence N22º54'31"W a distance of 54.50 feet; thence N40º36'51"W a distance of 920.50 feet; thence N19D10'56"W a distance of 55.10 feet; thence N71º12'38"E a distance of 14.49 feet; thence N00º03'34"W a distance of 170.35 feet; thence S89º57'22"W a distance of 226.32 feet To the point of beginning: said tract containing 28.29 acres more or less, located south of Homestead Street between Elk Vale Road and Degeest Drive was introduced. Okrepkie moved, second by Hurlbut and carried that Ordinance No. 5283 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, May 21, 2007. Ordinance No. 5284 (No. 07RZ030), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the unplatted portion of the N1/2 of the N1/2 of the NW1/4 of the NE1/4 and the N1/2 of the N1/2 of the NE1/4 of the NW1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of Elk Vale Road and west of the southern terminus of Jolly Lane was introduced. Okrepkie moved, second by LaCroix and carried that Ordinance No. 5284 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, May 21, 2007. Ordinance No. 5285 (No. 07RZ031), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on the eastern 33 feet of Section 5 beginning at the SE corner of Section 5 extending 450 feet northerly and, the western 33 feet of Section 4 beginning at the SW corner of Section 4 extending northerly 450 feet, all located in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along a portion of South Valley Drive south of South Dakota Highway 44 was introduced. Okrepkie moved, second by LaCroix and carried that Ordinance No. 5285 be continued to the May 21, 2007 Council meeting. Ordinance No. 5286 (No. 07RZ032), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Light Industrial District on all of the dedicated right-of-way adjacent to the easterly boundary of Tract C of the SE1/4 SE1/4, Lot H of 10

Tract A and Lot N of Tract A of Schlottman Addition, to the centerline of East Saint Andrew Street located in the SE1/4 SE1/4 Section 5; and, all of the dedicated right-of-way adjacent to the westerly boundary of Lot 1 of Lot D and Lot D to the centerline of East Saint Andrew Street, located in the SW1/4 SW1/4, Section 4, all located in T1N, R8E, BHM, Rapid City, South Dakota, located on South Valley Drive south of South Dakota Highway 44 was introduced. Okrepkie moved, second by LaCroix and carried that Ordinance No. 5286 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, May 21, 2007. Ordinance No. 5287 (No. 07RZ033), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the NE1/4 NW1/4 of Section 19, T2N, R8E, BHM, Pennington County, South Dakota, less from the north 1/4 corner of Section 19, T2N, R8E, BHM, on the 1/4 line S00º14 33 W 33.00 feet to the point of beginning; thence S00º14 33 W 260.00 feet; thence N89º33 54 W 207.54 feet; thence N00º14 33 E 260.00 feet; thence S89º33 54 E 207.54 feet to the point of beginning, all located in the Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located east of West Nike Road and south of Country Road was introduced. Okrepkie moved, second by LaCroix and carried that Ordinance No. 5287 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, May 21, 2007. Ordinance No. 5288 (No. 07RZ034), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use to Low Density Residential II on the east 33 feet of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Bunker Drive was introduced. Okrepkie moved, second by LaCroix and carried that Ordinance No. 5288 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, May 21, 2007. Ordinance No. 5289 (No. 07RZ035), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on that portion of the east 33 feet of the S1/2 SE1/4 SE1/4, Section 14, T2N, R7E; the south 33 feet of the S1/2 SW1/4 SW1/4 of Section 13, T2N, R7E; and the west 33 feet of the S1/2 SW1/4 SW1/4, Section 13, T2N, R7E; and the east 918.40 feet of the north 33 feet of the NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Country Road West was introduced. Okrepkie moved, second by LaCroix and carried that Ordinance No. 5289 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, May 21, 2007. Ordinance No. 5290 (No. 07RZ037), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the south 33 feet of the SW1/4 SE1/4, and the south 33 feet of the W1/2 SE1/4 SE1/4; all located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Seger Drive and North Elk Vale Road was introduced. Okrepkie moved, second by LaCroix and carried that Ordinance No. 5290 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, May 21, 2007. 11

Ordinance No. 5291 (No. 07RZ038), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the eastern 33 feet of the E1/2 SE1/4 SE1/4, all located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Seger Drive and North Elk Vale Road was introduced. Okrepkie moved, second by LaCroix and carried that Ordinance No. 5291 be denied without prejudice at the applicant s request. Ordinance No. 5279 (No. 07OA004), An Ordinance to Correct the Numbering of Certain Subsections of Section 17.22.030 of The Rapid City Municipal Code having passed first reading on April 16, 2007; Okrepkie moved, second by LaCroix that the title be read the second time. The following voted AYE: Schumacher, Olson, Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut, and Hadcock; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5279 was declared duly passed upon its second reading. LEGAL & FINANCE COMMITTEE ITEMS Okrepkie moved, second by LaCroix and carried to (No. CC050707-04), approve increase for the Government Buildings Five-Year Plan by $450,000 per year, beginning 2008. The Mayor presented No. 07TI005, a request by Dream Design International, Inc. to consider an application for a Resolution Creating Tax Increment District No. 62 on Tract NW 66; balance of Lots 12 through 16 and the north 10 feet of vacated alley adjacent to Lots 12 through 16 Block 66, Original Town of Rapid City, Pennington County, South Dakota, less Lots H1, Section 36, T2N, R7E, BHM; Lot 1 of Dan s Supermarket Tract Revised Located in Block 66 of the Original Townsite of Rapid City, Pennington County, South Dakota, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Dan s Supermarket Tract Revised in Blocks 66 and 67 of the Original Townsite of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 24, Page 177, EXCEPTING therefrom Lot 1 of Dan s Supermarket Tract Revised, as shown on the plat filed in Plat Book 29, Page 110, also EXCEPTING therefrom Lot H1, as shown on the plat filed in Highway Plat Book 10, Page 84, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Lots 6 through 16, in Block 76 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota,Lots 8 through 16 in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 1 through 7, inclusive, in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 17 through 24, both inclusive, of the Original Townsite, Block 96 of Rapid City, Pennington County, South Dakota, Lots 25 through 32 in Block 96 of the original townsite of Rapid City, Pennington County, South Dakota, Lots One through Sixteen, Block 95, original town, Rapid City, Pennington County, South Dakota, Original Town of Rapid City Block 95 North 90 of Lot 22 & Lots 23-28 Inclusive & W1/2 of Lot 29, The E1/2 of Lot 29 and All of Lot 30 in Block 95 of the Original Townsite of Rapid City, Pennington County, South Dakota, Lots 31 and 32 in Block 95 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 8 and 9 in Block 105 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 3 through 7 inclusive in Block 105 of the Original Town, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. The North 90 Feet of Lot 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, The South 50 Feet of Lots 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, Lots 25 and 26 in Block 105, in the Original Town of Rapid City, Pennington County, South Dakota, Lot 27 and the west half of Lot W28 in Block 105 of the Original Townsite 12

to the City of Rapid City, Pennington County, South Dakota, The E1/2 of Lot 28 and all of Lot 29 in Block 105 of the Original Townsite of The City of Rapid City, Pennington County, South Dakota, Lots 30, 31, and 32 of Block 105 of the Original Townsite of Rapid City, Pennington County, South Dakota, together with all improvements thereon, Lot A of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, Lot B of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, The South 70 Feet of Lots 17-24, less a portion of Lot H1 in Lot 17, of Block 126 of the Original Townsite of Rapid City, Pennington County, South Dakota, Fifth (5th) Street Public Right-of-Way, from Omaha Street, southerly to South Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Rapid Street Public Right-of Way, from Fifth (5th) Street, easterly to Third (3rd) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way, adjacent to Lots 6 through 16, in Block 76 of the Original Townsite of Rapid City, Pennington County, South Dakota, Saint Joseph Street Public Right-of- Way, from Sixth (6th) Street, easterly to Fourth (4th) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 95, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 96, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Kansas City Street Public Right-of-Way, adjacent to Lots 1 through 9, in Block 105, of the Original Townsite of Rapid City, South Dakota, Entire Public Alley Right-of- Way, adjacent to Lots 25 through 32, in Block 105, of the Original Townsite of Rapid City, South Dakota, All located in Section 1, T1N, R7E, BHM, more generally described as being located between Omaha Street and South Street between 3rd Street and 6th Street. The following resolution was introduced, read, and Okrepkie moved its adoption. RESOLUTION CREATING TAX INCREMENT DISTRICT NUMBER SIXTY TWO AS SUBMITTED BY THE RAPID CITY PLANNING COMMISSION WHEREAS the property within the following described District meets the qualifications and criteria set forth in SDCL 11-9; and, WHEREAS the Council of the City of Rapid City finds that the aggregated assessed value of taxable property in this District, plus the assessed values of all other districts currently in effect, does not exceed ten percent (10%) of the total assessed value of taxable property in the City of Rapid City; and, WHEREAS the Council finds that: (1) Not less than twenty-five percent (25%), by area, of the real property within the district is a blighted area as defined in SDCL 11-9-9 through 11-9-11; and, (2) The improvement of the area is likely to significantly enhance the value substantially on all of the other real property in the district. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the real property legally described as: 13

Tract NW 66; balance of Lots 12 through 16 and the north 10 feet of vacated alley adjacent to Lots 12 through 16 Block 66, Original Town of Rapid City, Pennington County, South Dakota, less Lots H1, Section 36, T2N, R7E, BHM; Lot 1 of Dan s Supermarket Tract Revised Located in Block 66 of the Original Townsite of Rapid City, Pennington County, South Dakota, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Dan s Supermarket Tract Revised in Blocks 66 and 67 of the Original Townsite of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 24, Page 177, EXCEPTING therefrom Lot 1 of Dan s Supermarket Tract Revised, as shown on the plat filed in Plat Book 29, Page 110, also EXCEPTING therefrom Lot H1, as shown on the plat filed in Highway Plat Book 10, Page 84, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Lots 6 through 16, in Block 76 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota,Lots 8 through 16 in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 1 through 7, inclusive, in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 17 through 24, both inclusive, of the Original Townsite, Block 96 of Rapid City, Pennington County, South Dakota, Lots 25 through 32 in Block 96 of the original townsite of Rapid City, Pennington County, South Dakota, Lots One through Sixteen, Block 95, original town, Rapid City, Pennington County, South Dakota, Original Town of Rapid City Block 95 North 90 of Lot 22 & Lots 23-28 Inclusive & W1/2 of Lot 29, The E1/2 of Lot 29 and All of Lot 30 in Block 95 of the Original Townsite of Rapid City, Pennington County, South Dakota, Lots 31 and 32 in Block 95 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 8 and 9 in Block 105 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 3 through 7 inclusive in Block 105 of the Original Town, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. The North 90 Feet of Lot 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, The South 50 Feet of Lots 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, Lots 25 and 26 in Block 105, in the Original Town of Rapid City, Pennington County, South Dakota, Lot 27 and the west half of Lot W28 in Block 105 of the Original Townsite to the City of Rapid City, Pennington County, South Dakota, The E1/2 of Lot 28 and all of Lot 29 in Block 105 of the Original Townsite of The City of Rapid City, Pennington County, South Dakota, Lots 30, 31, and 32 of Block 105 of the Original Townsite of Rapid City, Pennington County, South Dakota, together with all improvements thereon, Lot A of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, Lot B of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, The South 70 Feet of Lots 17-24, less a portion of Lot H1 in Lot 17, of Block 126 of the Original Townsite of Rapid City, Pennington County, South Dakota, Fifth (5th) Street Public Right-of-Way, from Omaha Street, southerly to South Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Rapid Street Public Right-of Way, from Fifth (5th) Street, easterly to Third (3rd) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way, adjacent to Lots 6 through 16, in Block 76 of the Original Townsite of Rapid City, Pennington County, South Dakota, Saint Joseph Street Public Right-of- Way, from Sixth (6th) Street, easterly to Fourth (4th) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 95, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 96, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Kansas City Street Public Right-of-Way, adjacent to Lots 1 through 9, in Block 105, of the Original Townsite of Rapid City, South Dakota, Entire Public Alley Right-of- 14

Way, adjacent to Lots 25 through 32, in Block 105, of the Original Townsite of Rapid City, South Dakota, All located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota is hereby designated as Tax Increment District Number 62. Dated this 7 th day of May, 2007. ATTEST: s/ James F. Preston Finance Officer CITY OF RAPID CITY s/ Jim Shaw, Mayor The motion for the adoption of the foregoing resolution was second by LaCroix. Upon a roll call vote, the following voted AYE: Schumacher, Olson, Kroeger, Chapman, Johnson, LaCroix, Okrepkie, Hurlbut; NO: Kooiker and Hadcock; whereupon said resolution was declared duly passed and adopted. The Mayor presented No. 07TI006, a request by Dream Design International, Inc. to consider an application for a Tax Increment District No. 62 Project Plan on Tract NW 66; balance of Lots 12 through 16 and the north 10 feet of vacated alley adjacent to Lots 12 through 16 Block 66, Original Town of Rapid City, Pennington County, South Dakota, less Lots H1, Section 36, T2N, R7E, BHM; Lot 1 of Dan s Supermarket Tract Revised Located in Block 66 of the Original Townsite of Rapid City, Pennington County, South Dakota, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Dan s Supermarket Tract Revised in Blocks 66 and 67 of the Original Townsite of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 24, Page 177, EXCEPTING therefrom Lot 1 of Dan s Supermarket Tract Revised, as shown on the plat filed in Plat Book 29, Page 110, also EXCEPTING therefrom Lot H1, as shown on the plat filed in Highway Plat Book 10, Page 84, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Lots 6 through 16, in Block 76 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota,Lots 8 through 16 in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 1 through 7, inclusive, in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 17 through 24, both inclusive, of the Original Townsite, Block 96 of Rapid City, Pennington County, South Dakota, Lots 25 through 32 in Block 96 of the original townsite of Rapid City, Pennington County, South Dakota, Lots One through Sixteen, Block 95, original town, Rapid City, Pennington County, South Dakota, Original Town of Rapid City Block 95 North 90 of Lot 22 & Lots 23-28 Inclusive & W1/2 of Lot 29, The E1/2 of Lot 29 and All of Lot 30 in Block 95 of the Original Townsite of Rapid City, Pennington County, South Dakota, Lots 31 and 32 in Block 95 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 8 and 9 in Block 105 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 3 through 7 inclusive in Block 105 of the Original Town, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. The North 90 Feet of Lot 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, The South 50 Feet of Lots 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, Lots 25 and 26 in Block 105, in the Original Town of Rapid City, Pennington County, South Dakota, Lot 27 and the west half of Lot W28 in Block 105 of the Original Townsite to the City of Rapid City, Pennington County, South Dakota, The E1/2 of Lot 28 and all of Lot 29 in Block 105 of the Original Townsite of The City of Rapid City, Pennington County, South Dakota, Lots 30, 31, and 32 of Block 105 of the Original Townsite of Rapid City, Pennington 15

County, South Dakota, together with all improvements thereon, Lot A of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, Lot B of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, The South 70 Feet of Lots 17-24, less a portion of Lot H1 in Lot 17, of Block 126 of the Original Townsite of Rapid City, Pennington County, South Dakota, Fifth (5th) Street Public Right-of-Way, from Omaha Street, southerly to South Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Rapid Street Public Right-of Way, from Fifth (5th) Street, easterly to Third (3rd) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way, adjacent to Lots 6 through 16, in Block 76 of the Original Townsite of Rapid City, Pennington County, South Dakota, Saint Joseph Street Public Right-of- Way, from Sixth (6th) Street, easterly to Fourth (4th) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 95, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 96, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Kansas City Street Public Right-of-Way, adjacent to Lots 1 through 9, in Block 105, of the Original Townsite of Rapid City, South Dakota, Entire Public Alley Right-of- Way, adjacent to Lots 25 through 32, in Block 105, of the Original Townsite of Rapid City, South Dakota, All located in Section 1, T1N, R7E, BHM, more generally described as being located between Omaha Street and South Street between 3rd Street and 6th Street. The following resolution was introduced, read, and Okrepkie moved its adoption. RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENT DISTRICT NUMBER SIXTY TWO AS SUBMITTED BY THE RAPID CITY PLANNING COMMISSION WHEREAS the Council of the City of Rapid City has determined that it is in the best interest of the City to implement plans which promote economic development and growth in the City; and WHEREAS the Council embraces the concept of Tax Increment Financing as a tool to encourage this desirable growth and redevelopment; and WHEREAS there has been established Tax Increment District Number Sixty Two; and WHEREAS the Council deems desirable to promote economic development and create jobs in the corporate limits of the City of Rapid City; and WHEREAS the Project Plan submitted helps revitalize Downtown Rapid City by assisting with the construction of public parking in a parking structure, removal of contaminated soils, and the relocation of power lines in the alley; and WHEREAS the use of Tax Increment Funding to promote this development is in keeping within the statutes adopted by the South Dakota State Legislature; and WHEREAS there has been developed a Project Plan for this Tax Increment District which proposes these improvements; and 16