City of Box Elder
City Council Agenda
Tuesday, April 21, 2026
Tuesday, April 21, 2026
7:00 PM - City Council Chambers, 420 Villa Drive, 2nd Floor, Box Elder
If not attending the meeting in person, the City of Box Elder encourages written submission of public comments by email to: cityclerk@boxelder.us. All such written comments will be read aloud at the meeting during the public comment period. Please include your name and address in all written public comment submissions.
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1. CALL MEETING TO ORDER:
2. MOMENT OF SILENCE AND PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. APPROVE THE ORDER OF BUSINESS:
5. DECLARATION OF ANY POTENTIAL CONFLICTS-OF-INTEREST:
6. PUBLIC HEARING:
6.A Public Hearing - Rezone - 307 Hillview Drive - to General Commercial (GC) District
No action
6.B Public Hearing - Rezone - Alpha Omega Tracts 1A & 1B - to Multi-family Residential (R-3) District
No action
7. PUBLIC COMMENT:
(3-minute time limit per speaker)
This is a time for the members of the public to address the Council. On any issue not on the agenda, action will not be taken at the meeting except by placement on the agenda by unanimous vote of the Council members present. If you want to comment during public comment, please click on the participants tab on the bottom of your screen, then select “raise hand” at the bottom right of the screen (or dial * 9 on your phone if you’ve called into the meeting). Staff will ask you to unmute and will then recognize you by name or phone number when it is your turn to speak. This will allow everyone to be heard in a timely manner.
8. AWARDS AND RECOGNITIONS:
8.A Box Elder Police Department - 2025 Officer of the Year Award: Officer Mark Brooks
No Action.
9. COUNCIL COMMITTEE REPORTS:
9.A Finance, Legal, and Public Safety Committee Meeting Report: April 7, 2026
Informational Only.
9.B Public Works and Planning and Zoning Committee Meeting Report: April 7, 2026
Informational Only.
10. CONSENT AGENDA:
Agenda items on the Consent Agenda are meant to be approved as a group with a single motion. Questions may be asked of any Consent Agenda items but may not be debated. Any Consent Agenda item may be removed from the Consent Agenda for separate action at the request of any Council Member or anyone present. All questions are to be directed to the Department Head.
10.A City Council Workshop Minutes: April 3, 2026
CC: Motion to approve the City Council Workshop minutes from April 3, 2026, as presented.
10.B City Council Regular Meeting Minutes: April 7, 2026
CC: Motion to approve the City Council Regular Meeting minutes from April 7, 2026, as presented.
10.C Claims List: April 21, 2026
CC: Motion to approve the April 21, 2026, Claims List as presented.
10.D Ordinance No. 790, an Ordinance Amending Chapter 6, Buildings and Construction, The City of Box Elder Municipal Code, Second Reading
CC: Motion to approve Ordinance No. 790 as presented on its Second and Final Reading.
10.E Ordinance No. 792, an Ordinance to Revise the Zoning Designation of the Property that is Legally Described as Lot 1 of Fritzsche Subdivision in Section 36, T2N, R8E, B.H.M., Box Elder, Pennington County, South Dakota, Second Reading
CC: Motion to approve and adopt Ordinance No. 792 as presented on its Second and Final Reading.
10.F Resolution No. 26-17, a Resolution to Approve a Petition for Annexation of the E½ of the W½ of the NW¼, Less Outlot A of Redferen Subdivision and Less Lot H2 of the NW¼, and the W 208.64 Feet of the E½ of the NW¼ Less Lot H2 of the NW¼, All in Section 21, Township 2 North, Range 9 East, Black Hills Meridian, Pennington County, South Dakota
CC: Motion to approve Resolution No. 26-17 as presented.
10.G Resolution No. 26-20, a Resolution Authorizing Acceptance of Alpha Omega Phase 2A Infrastructure
CC: Motion to approve Resolution No. 26-20, as presented.
10.H Minor Plat - Redferen Subdivision - Restricted Lots 1 - 5
CC: Motion to approve the Minor Plat for Redferen Subdivision - Restricted Lots 1 - 3 with the following condition: 1) Further subdivision of the restricted lots created with this plat is required before development occurs.
10.I Preliminary Plat - Seger Crossing - Tract 5 of Block 4 - Lots A - D
CC: Motion to approve the preliminary plan for Seger Crossing - Tract 5 of Block 4 - Lots A - D with the following condition: 1) Development engineering plan approval by the City Engineer's Office is required before infrastructure is installed.
10.J Temporary Construction Easement: Rush More Pizza Inc., Lot 3 of Tract E of the Northeast Quarter of the Southeast Quarter of Section 18, T2N, R9E, B.H.M., Box Elder, Pennington County, South Dakota - North Ellsworth Road Reconstruction, Project No. 240035
CC: Motion to approve the Temporary Construction Easement and related City of Box Elder Right-of-Way Acquisition Offer and Agreement with Rush More Pizza, Inc., as presented, in the amount of $400 and authorize the mayor to sign associated documents.
10.K Temporary Construction Easement: Rush More Pizza Inc., Lot 2 of Tract E of the Northeast Quarter of the Southeast Quarter of Section 18, T2N, R9E, B.H.M., Box Elder, Pennington County, South Dakota - North Ellsworth Road Reconstruction, Project No. 240035
CC: Motion to approve the Temporary Construction Easement and related City of Box Elder Right-of-Way Acquisition Offer and Agreement with Rush More Pizza, Inc., as presented, in the amount of $200 and authorize the mayor to sign associated documents.
10.L Temporary Construction Easement: Country Cabin, LLC, Lot 1 of Tract E of Northeast Quarter of the Southeast Quarter of Section 18, T2N, R9E, B.H.M., Box Elder, Pennington County, South Dakota - North Ellsworth Road Reconstruction, Project No. 240035
CC: Motion to approve the Temporary Construction Easement and related City of Box Elder Right-of-Way Acquisition Offer and Agreement with Country Cabin, LLC, as presented and authorize the mayor to sign associated documents.
10.M Temporary Construction Easement: HCB Real Estate Holding SD LLC, Tract E, Less Lots 1-4 of the Northeast Quarter of the Southeast Quarter of Section 18, T2N, R9E, B.H.M., City of Box Elder, Pennington County, South Dakota - North Ellsworth Road Reconstruction, Project No. 240035
CC: Motion to approve the Temporary Construction Easement and related City of Box Elder Right-of-Way Acquisition Offer and Agreement with HCB Real Estate Holding SD LLC, as presented, and authorize the mayor to sign associated documents.
10.N Temporary Construction Easement: Tactical holdings SD, LLC, for Lot 4 of Tract E in the Northeast Quarter of the Southeast Quarter of Section 18, B.H.M., Box Elder, Pennington County, South Dakota - North Ellsworth Road Reconstruction, Project No. 240035
CC: Motion to approve the Temporary Construction Easement and related City of Box Elder Right-of-Way Acquisition Offer and Agreement with Tactical holdings SD, LLC, as presented and authorize the mayor to sign associated documents.
10.O Temporary Construction Easement: B & G Development, LLC, Lot 2R of Biggs Subdivision, Located in Section 17, T2N, R9E, B.H.M., Box Elder, Pennington County, South Dakota - North Ellsworth Road Reconstruction, Project No. 240035
CC: Motion to approve the Temporary Construction Easement and related City of Box Elder Right-of-Way Acquisition Offer and Agreement with B & G Development, LLC, as presented and authorize the mayor to sign associated documents.
10.P Permanent Pedestrian Access Easement: B & G Development, LLC, Lot 2R of Biggs Subdivision, Located in Section 17, T2N, R9E, B.H.M., Box Elder, Pennington County, South Dakota
CC: Motion to approve the Permanent Pedestrian Access Easement Agreement with B & G Development, LLC, as presented and authorize the mayor to sign associated documents.
10.Q Highway Use Deed: B & G Development, LLC, Lot 2R of Biggs Subdivision, Located in Section 17, T2N, R9E, B.H.M., Box Elder, Pennington County, South Dakota - North Ellsworth Road Reconstruction, Project No. 240035
CC: Motion to approve the Highway Use Deed and related City of Box Elder Right-of-Way Acquisition Offer and Agreement with B & G Development, LLC, as presented and authorize the mayor to sign associated documents.
10.R Change Order No. 1: Corr Construction Services, Inc. - East Mall Drive/ Bennett Road Bridge
CC: Motion to approve Change Order No. 1 with Corr Constructions Services, Inc. for East Mall Drive/ Bennett Road, as presented, for an increase of $31,080.30 for a total contract amount of $2,957,950.05 and authorize the mayor to sign the associated documents.
10.S Change Order No. 1: Quinn Construction - Prairie View Water Storage Tank No. 4 Project
CC: Motion to approve Change Order No. 1 with Quinn Construction for the Prairie View Water Storage Tank No. 4 Project, as presented, for an increase of $29,200.00 for a total contract amount of $3,476,150.00 and authorize the mayor to sign the associated documents.
10.T Bid Award: Quality Driven Service LLC - Coyote Trail Drainage Repair Project
CC: Motion to award the Coyote Trail Drainage Repair Project to Quality Driven Service LLC, as presented, in the amount of $86,360.00, and authorize the mayor to sign associated documentation.
11. INFORMATIONAL ITEMS:
11.A 2026 Quarter 1 Financial Report
Informational Item: No Action Needed
12. REPORTS FROM BOARDS AND/OR COMMISSIONS:
13. UNFINISHED BUSINESS:
14. NEW BUSINESS:
14.A Ordinance No. 791, an Ordinance Amending Chapter 22, Nuisances, of The City of Box Elder Municipal Code, First Reading
CC: Motion to approve Ordinance No. 791 as presented on its First Reading.
14.B Ordinance No. 793, an Ordinance Authorizing Budget Amendment No. 3 to the 2026 Budget
CC: Motion to approve Ordinance No. 793 as presented on its First Reading.
*Going to council same night due to: time to allow staff to implement and for the budget to be entered prior to the expense happening.
14.C Ordinance No. 794, an Ordinance to Revise the Zoning Designation of the Property that is Legally Described as Lot 36 of Glore Brothers Addition in Section 20, T2N, R9E, B.H.M., Box Elder, Pennington County, South Dakota, First Reading
CC: Motion to approve Ordinance No. 794 as presented on its First Reading.
**Going to City Council on the Same Night due to: Policy to advance items with public hearings before the Planning Commission and City Council on the next City Council meeting after the Planning Commission meeting to simplify the notifications process.
14.D Ordinance No. 795, an Ordinance to Revise the Zoning Designation of the Property that is Legally Described as Tract 1A and Tract 1B of Alpha Omega Subdivision in Section 25, T2N, R8E, B.H.M., Box Elder, Pennington County, South Dakota, First Reading
CC: Motion to approve Ordinance No. 795 as presented on its First Reading.
**Going to City Council on the Same Night due to: Policy to advance items with public hearings before the Planning Commission and City Council on the next City Council meeting after the Planning Commission meeting to simplify the notifications process.
14.E Resolution No. 26-23, a Resolution Authorizing the submittal of a Letter of Intent to Apply for financial assistance from the Building Resilient Infrastructure and Communities Program through the South Dakota Department of Public Safety Office of Emergency Management for the purchase and placement of a back-up power generator for the City's Water Well #10.
FLPS: Motion to Approve Resolution 26-23 as presented and forward to tonight's City Council meeting with a recommendation of approval
CC: Motion to Approve Resolution 26-23 as presented
**Going to City Council on the same night due to: May 1, 2026 Letter of Intent due date.
14.F Resolution No. 26-24, a Resolution Authorizing an Application for Financial Assistance to the South Dakota Department of Game, Fish & Parks Land & Water Conservation Fund for improvements to Greenway Park; Authorizing the Execution and Submittal of the Application and Designating an Authorized Representative to Certify and Sign Payment Requests
CC: Motion to approve Resolution No. 26-24 as presented
**Going to City Council on the same night due to: Grant application due date is April 30, 2026
14.G Minor Plat - Sheely Subdivision - Lots 1R & 2R
CC: Motion to approve the Minor Plat for Sheely Subdivision - Lots 1R & 2R as presented
** Going to City council same night due to: The applicant has requested expedited review of this request so they may proceed with annexation of proposed Lot 1R
14.H Utility Bill Relief Request: 337 Spirit Drive
APPROVAL: Motion to recommend approval of the utility billing adjustment request for Account #17-51337, finding that good cause exists under City Code Sec. 42-196, including a bill credit in the amount of $968.88.
DENIAL: Motion to acknowledge review of the utility billing adjustment request for Account #17-51337 and determine that good cause does not exist under City Code Sec. 42-196.
14.I Declaration of Surplus Property
CC: Motion to approve and declare the presented list of city owned property as surplus and further authorize the disposition of said property in the manner recommended by staff.