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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota

January 7, 2008 -- 7:00 P.M.

(Note, as a result of the adoption of the City Council Policies & Procedures,  the format of the agenda has changed.)

ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

ADOPTION OF AGENDA

APPROVE MINUTES for December 17, 2007 and December 27, 2007 special Council

AWARDS AND RECOGNITIONS 

GENERAL PUBLIC COMMENT 

A time for the members of the public to discuss or express concerns to the Council on any issue not on the agenda.  Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the Council members present.  

NON-PUBLIC HEARING ITEMS -- Items 1 - 60 

Public Comment opened – Items 1 - 45

Public Comment closed 

CONSENT ITEMS – Items 1 - 45 

Remove Items from the “Consent Items” and Vote on Remaining Consent Items 

Vacations of Right-Of-Way Set for Hearing (February 4, 2008)

1.                  No. 07VR013 - A request by CETEC Engineering Services, Inc. for Lawrence Dickey and Janice Morgan for a Vacation of Right-of-way on a 40 foot parkway dedicated to the public across Lots C and D of Lot 12, located in the SE1/4 of the NE1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located at 3782 E. Highway 44.

2.                  No. 07VR014 - A request by Dennis and Janine Walz for a Vacation of Right-of-Way on Lot 1 of Lot AR of Lot 1, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3401 W. South Street.

3.                  No. 07VR015 - A request by FFFZ, LLC for a Vacation of Right-of-Way on Kirkeby Lane Right-of-way adjacent to Tract  FW-2 of FW-1 Addition, and Lots 8 thru 14 of Log Cabin Park Subdivision, Section 35, T2N, R7E, and Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1830 West Main Street. 

Alcoholic Beverage License Applications Set for Hearing (January 22, 2008)

4.                  Black Hills QMG, LLC dba Qdoba Mexican Grill, 741 Mountain View Road for a Retail (on-off sale) Malt Beverage (without video lottery) TRANSFER Dakota Fresh-Mex, LLC dba Qdoba Mexican Grill 741 Mountain View Road a Retail (on-off sale) Malt Beverage (without video lottery)

5.                  Country Stores, INC dba BJ’s St Patrick Street, 701 E St Patrick Street for a Package (off sale) Malt Beverage TRANSFER Kusler’s Conoco INC, dba Kusler’s Conoco 701 E St Patrick Street a Package (off sale) Malt Beverage

 Public Works Committee Consent Items

6.                  Acknowledge the report relating to the status of acquiring right of way from Dakota Minnesota and Eastern Railroad

7.                  No. PW121107-03 - Approve Change Order No. 1F for Rapid City Fire Dept. Burn Building Site and Building Foundation Project No. FD07-1634 to Corr Construction Services, Inc. for an increase of $3,520.2

8.                  No. PW121107-04 - Approve Change Order No. 1F for Rapid City Fire Dept. Burn Building Project No. FD07-1634 to Jahnke and Son’s Construction, Inc. dba WHP Training Towers for an increase of $12,253.41

9.                  No. PW010208-01 – Approve Change Order No. 1 for Project No. PR03-1287 Omaha Street Corridor Enhancement – South Memorial Park to RCS Construction, Inc. for an increase of 14,090.82

10.             No. PW010208-02 – Approve Change Order No. 3F for Canyon Lake Drive & Soo San Drive 14" Water Main Lime Creek Element 382 Project No. W06-1562 / CIP No. 50598 to Mainline Contracting, Inc. for a decrease of $8,726.65 

11.             No. PW010208-03 – Approve Change Order No. 1 for East Highway 44 Utilities Reconstruction Project No. SSW05-1469 / CIP No. 50479 to Heavy Constructors, Inc. for an increase of $21,827.18

12.             No. PW010208-04 – Approve Change Order No. 2 for Wonderland Drive Street and Drainage Improvements Project No. ST06-1610 / CIP No. 50155 to Simon Contractors of SD, Inc. for an increase of $104,211.35

13.             No. PW010208-05 – Approve Change Order No. 1 for Highway 44 & Elk Vale Watermain Loop Project No. W03-1248 / CIP No. 50371 to Highmark, Inc. for an increase of $8,115.88

14.             No. PW010208-06 – Authorize staff to advertise for bids for Downtown Alley Resurfacing 2008 Project No. ST08-1686 / CIP #50379

15.             No. PW010208-07 – Authorize the Mayor and Finance Officer to sign Amendment No. 2 to Owner-Engineer Agreement between the City of Rapid City and Sperlich Consulting Inc. for the Catron Boulevard Sanitary Sewer Main Extension - City Project No. SS06 - 1635 / CIP 50671 for an amount not to exceed $11,900.00

16.             No. PW010208-08 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Funding Agreement between the City of Rapid City and South Dakota Department of Transportation for the purpose of clarifying when the DOT will be able to start processing pay estimates for the Eglin Street project

17.             No. PW010208-09 – Authorize the Mayor and Finance Officer to sign a Force Account Agreement between the City of Rapid City and South Dakota Department of Transportation for approach work at the Cross Street railroad crossing

18.             No. PW010208-10 – Olson moved, second by Johnson to authorize the Mayor and Finance Officer to sign a Comprehensive Funding Agreement between the City of Rapid City and South Dakota Department of Transportation for the design phase of the East North Street Project No. P 1774(3) PCN 01FN

19.             No. PW010208-11 – Authorize the Mayor and Finance Officer to sign Amendment to the Professional Services Agreement between the City of Rapid City and American Technical Services, Inc. for Civic Center Expansion Project No. IDP06-1555 for an amount not to exceed $14,970.00

20.             No. PW010208-12 – Authorize the Mayor and Finance Officer to sign a Financial Agreement between the City of Rapid City and South Dakota Department of Transportation for Sanitary Sewer Connection

21.             No. PW010208-14 –Approve Resolution Fixing Time and Place for Hearing on revised Assessment Roll for Sidewalk Improvements Project SWK07-1611 for February 4, 2008

22.             No. PW010208-15 – Authorize staff to seek proposals for Storm Water Quality Design and Plan Preparation Training 

Legal & Finance Committee Consent Items

23.             No. LF010208-01 – Confirm re-appointment of Duane Lassegard to the Mechanical Board. 

24.             No. LF010208-02 – Confirm re-appointment of Jim Morris, Tim Erickson, and Jim Mann to the Trenching Board. 

25.             Authorize additional refund to Ed Dull in the amount of $37 for water bill. 

26.             No. LF010208-03 –Request staff to coordinate a work session with the City Council members regarding the information from the Council Retreat. 

27.             No. LF010208-04 –Acknowledge Capital Improvements Program Committee monthly update for December 2007. 

28.             No. LF010208-05 –Approve 2007 Capital Plan for Streets, Drainage and MIP Projects for December 2007. 

29.             Approve $7,000 from CIP Contingency for Exhaust Ventilation System Project for Fire Stations #5 and #7.

30.             No. LF010208-06 – Approve Travel Request for Jim Chastain to attend two week Accident Reconstruction School in Jacksonville, FL, May 4-16, 2008, in the approximate amount of $2,250.

31.             No. LF010208-08 – Authorize staff to advertise for bids for ladder truck.

32.             No. LF010208-10 –Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property for February 4, 2008.

33.             No. LF010208-11 –Approve Resolution Declaring Property Surplus

34.             No. LF010208-12 –Approve Travel Request for Roy Cork to attend InfoSewer Pro Training Course in Broomfield, Colorado, February 10-13, 2008, in the approximate amount of $2,267.72. 

35.             No. LF010208-21 –Approve Travel Request for Roy Cork to attend InfoWater Training Course in Broomfield, Colorado, January 15-18, 2008, in the approximate amount of $2,267.72

36.             No. LF010208-13 –Authorize staff to solicit proposals for a Golf Cart Rental Fleet for Meadowbrook and Executive Golf Courses

37.             No. LF010208-14 - Approve Travel Request for Gabe Ellerton and Arron Frank to attend the NESPA/APSP Winter Conference in Atlantic City, NJ, January 27-31, 2008 in an approximate amount of $2,337.88

38.             No. LF010208-15 – Authorize staff to go out for Request for Proposals for Rapid City Future Bicycle and Pedestrian Trail Master Plan for Skyline Drive Wilderness Park

39.             No. LF010208-16 –Approve request from Mario Douglas, d/b/a K & M Creams, for Ice Cream Vending License for 2008.

40.             No. LF010208-17 –Approve request from Andrea Johnson, d/b/a Andrea’s Ice Cream, for Ice Cream Vending License for 2008

41.             No. LF010208-18 –Approve request from Fred V. Bush, Sr., d/b/a F & F Concessions, for Ice Cream Vending License for 2008

42.             No. LF010208-19 –Approve request from Nick Patton, d/b/a Mr. Frosty, for Ice Cream Vending License for 2008. 

43.             No. LF010208-20 –Authorize Mayor and Finance Officer to sign Agreement Between the City of Rapid City and Generations Care, LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Fountain Springs Park Subdivision

44.             Approve the following licenses:  Central Station Service:  Criticom International Corp, Cheryl A Lassetter; Electro Watchman, Inc, Jay Helseth; Golden West Technologies, Inc, Greg Von Wald; Grand Central Station, Denis Cooke; HSM Electronic Protection Services, Mary E. Brown; Protection One Alarm Monitoring, Inc (Irving, TX), Cheryl A Lassetter; Protection One Alarm Monitoring, Inc (Wichita, KS), Cheryl A Lassetter; SAI Southeast Command Center, David Smith; SNC, Inc., Butch Neel;  Second Hand:  Batchelder’s Plummer Piano & Organ Co., Matthew J. Plummer; Big K Furniture, Kenneth Sheffield; Game Exchange, Jacaline  Sales, Play It Again Sports, Jim Thomson; Scheels All Sports, Dona Ochsner; Security Business: S&K Security Specialists, Inc, Steven L. Dary; Taxi Business:  Wheelchair Services of the Black Hills, Michael E. & Leanne T. Weideman; House Mover:  Roger Johnson, The Royal Company, SD, Inc.; Paul Kostboth, SD Housing Development Authority; O’Neil Company Inc.; and Warner Ghere, Ghere House Moving; Plumbing Apprentice:  Frank Starr, Joshua Rick, Chris Hinkley, and Duane Barry; Plumbing Plumber:  Bradley Smith; Residential Contractor:  Wayne Loof, Integrity Homes by Wayne Loof; Andrew & Helen LeGare, LeGare Construction Co.; William Morrison, Morrison Construction Co. Inc.; Paul Holt, Paul Holt Construction; Neil Foust, Foust Construction Inc.; Richard Stahl, Stahl Developers Inc.; Gerold (Dale) Scheulke, Highmark Engineering Inc.; Russell Douglas, Douglas Construction; Randy Long, Long Design & Construction; Doug & Joan Hewitt, Woodpecker Construction; Bill & Kathleen Timberman, Dakota Castles Inc.; Chino Caekaert, A to Z Maintenance; Chad Lewis, Yellow Jersey Construction Inc.; Russell & Pamela Rysavy, Modern Builders & Kitchen Tune-Up; Kelly & James Commet, Comet Homes; Cody Work, Hill Top Construction Co.; and Tom & John Henerman, Second Wind Renovations; Gas Fitting Apprentice:  Kevin Bad Wound, Jim Boyle, Todd Dietrich, Robert Draine, Greg Feekes, William Flockhart, Doyle Heying, Sandi Kile, Casey Smith, Tyler Stone, Steven Storm, and John Trujillo; Gas Fitter:  Roland Fielder, Ronald Kramer, John Miller, Kevin Morris, Lonny Ryman, Loren Ryman, Ralph Schad, Wade Smith, Allan Weinand, Ken Kenitzer, and Michele Seaman; Gas Contractor:  Steve Armour, Mike’s Mobile Home Service; Chino Caekaert, A to Z Maintenance & Repair; Cody Champion, Champion Home Service & Supply Inc.; Duane Lassegard; Ronald Ryman, D & R Service Inc.; Rick Salyers, Dependable Transport; George Thompson, MDU; and Lee Seaman, L & M Service Specialists Inc

45.             No. LF010208-28 - Approve amendment to contract with Fourfront Design, Inc. for Civic Center Expansion IDP06-1555 in the amount of $18,500 

Growth Management Department Consent Items 

END OF CONSENT CALENDAR 

Public Comment opened – Items 46 - 60

Public Comment closed 

NON-CONSENT ITEMS – Items 46 - 60

 ORDINANCES

46.             No. 07RZ076 – First reading, Ordinance No. 5359, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Double L Properties for a Rezoning from Low Density Residential District to Neighborhood Commercial District on the south 210 feet of the east 358 feet of the NE1/4 of the SW1/4, less Lot H-1 located in the NE1/4 of the SW1/4, Section 10, T1N, R7E, BHM, Pennington County, South Dakota, located at 2935 Sheridan Lake Road.

47.             No. LF121207-29 – Second Reading of Ordinance No. 5358 Establishing a Thirty Minute Parking Zone by Amending Section 10.44.010 of the Rapid City Municipal Code. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

 LEGAL & FINANCE COMMITTEE ITEMS

48.             No. LF010208-22 - Confirmation of reappointment of Steve Doshier, Duane Baumgartner and Jackie Allen to the Beautification Committee , 

49.             No. LF010208-23 -  Confirmation of appointment of Dave Davis and John Herr to the Rushmore Plaza Civic Center Board  

50.             No. LF010208-24 - Confirmation of reappointment of Dan Senftner, Duane Baumgartner and Michel Bender to the Historic Preservation Commission 

51.             No. LF010208-25 -Confirmation of appointment of Dr. David Sleman, Fred Tully, Chuck Parkinson, Neal Larson, Ruth Brennan and Ivy Allard to the Journey Museum Board  

52.             No. LF010208-26 - Confirmation of reappointment of Brenda French, Charles Henrie, Dale Landis, Jim Schamber, Karen Massee, Kathy Ertel, Lynn Von Wald, Mark Kjellerson, and Fern Johnson to the Mayor’s Committee on Disabilities  

53.             No. LF010208-27 – Confirmation of reappointment of Daniel Wegner and Sean Casey to the Sign Contractor Board.   

54.             No. LF010208-07A –Authorize the Mayor and Finance Officer to sign Contract with Air Methods for Medical Transport.  

55.             No. LF010208-09 –Approve Travel Request for Charles Janson, Code Consultant and Bernie Hall, Chief Electric Inspector to attend the ICC International Codes Training seminar in Denver Colorado March 3-7, 2008 (travel dates March 2-7, 2008) in an approximate amount of $2,135.00  

56.             No. LF010208-29 - Recommendation from the Annexation Subcommittee to request staff to work toward the annexation of the wholly surrounded areas of the City, initially by sending letters to the affected property owners and holding a public meeting to discuss voluntary annexation  

57.             No. LF010208-30 - Authorize the Mayor and Finance Officer to sign Contract with Rapid City Professional Hockey, LLC    

PUBLIC WORKS COMMITTEE ITEMS

58.             No. PW010208-13 - Declare the status of the sanitary sewer an emergency and direct staff to award the informal bid to Mainline Contracting for a base bid of $152,704.00 plus a 20% contingency for a total amount not to exceed $183,244.80 and fund through the sewer utility enterprise fund and direct staff to bring forward a recommendation on revising the Capital Improvements Plan 

BIDS

59.             No. CC010708-02 - Four (4) New 2008 ADA Accessible Raised Floor Paratransit Vehicles for Rapid Transportation System (opened December 18, 2007) 

MAYOR’S ITEMS 

COUNCIL ITEMS & LIAISON REPORTS 

Reconsideration Notices 

Motion for Delivery of Items from Committee 

STAFF ITEMS

60.             2012 Report 

APPEALS

DARB 

License application appeals 

Sign Code Appeals 

Other Appeals Heard by the Council 

CIP COMMITTEE ITEMS 

PUBLIC HEARING ITEMS – Items 61 - 82 

Open Public Hearing (comment) -- Items 61 –82 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 61 - 72 

Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items 

Continue the following items until January 22, 2008:

61.             No. 06PL189 - A request by Michael Hanson for John & Meredith Humke for a Preliminary Plat on Lots 24A and 24B of Block 3 of Stoney Creek Subdivision, formerly Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Nugget Gulch Drive and Harvard Avenue. 

62.             No. 07PL083 - A request by Mike Hanson for Tyz Thurston for a Preliminary Plat on Lots 13A and 13B of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13 of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3825 Corral Drive. 

63.             No. 07PL097 - A request by Jared Tordsen for Land and Marine Developments, Inc. for a Preliminary Plat on Lots 15 thru 21 of Rockin Ranch Estates, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2 of the NE1/4 of the SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of the existing Hovering Heights Court and Bunker Drive. 

64.             No. 07PL107 - A request by FourFront Design, Inc. for Moyle Petroleum Company for a Preliminary Plat on Lots 1 and 2 of South Yard Subdivision, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, less Lot H5 (formerly lots 8 thru 10 of Swander's Addition), Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 79 and Minnesota Street. 

65.             No. 07PL118 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Pacific Steel and Recycling for a Preliminary Plat on a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27, more fully described as follows: Beginning at the southwest corner of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “RW FISK 6565”; thence, northerly along the westerly edge of said Lot A of Biernbaum Subdivision and along the easterly edge of Highway 79 right-of-way, N00º01’09”W, a distance of 225.01 feet more or less, to an angle point of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “LS4208” and said corner being coincident with the southwesterly corner of Lot B of Biernbaum Subdivision, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27; thence, easterly along the northerly edge of said Lot A of Biernbaum Subdivision and along the southerly edge of Lot B of Biernbaum Subdivision, N89º51’25”E, a distance of 206.31 feet more or less, to a point on the westerly edge of Amended Lot H2 of Lot A of Biernbaum Subdivision, as shown in the plat filed April 8, 2003 and recorded in Book 10 of Highway Plats on Page 111, said point being marked by a rebar with survey cap “LS 6119”; thence, southerly along the westerly edge of said Amended Lot H2 of Lot A of Biernbaum Subdivision, S00º05’02”W, a distance of 225.68 feet more or less, to the south line of said Lot A of Biernbaum Subdivision, also being the southwest corner of said Amended Lot H2 of Lot A of Biernbaum Subdivision, said corner being marked by a “SDDOT Monument”; thence, westerly along the southerly line of said Lot A of Biernbaum Subdivision, N89º57’30”W, a distance of 205.90 feet more or less, to the point of beginning, located at 4280 South Highway 79. 

66.             No. 07PL141 - A request by Centerline, Inc. for Action Development, Inc. for a Preliminary Plat on Lots 1 and 8 of Anamosa Crossing Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Century Road and East North Street. 

67.             No. 07SV022 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Alan A. Neiger for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, and to reduce the pavement width from 26 feet to 21 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 Revised and Lot of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 5 (less Lot H1) and the balance of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Highland Park Drive and Mount Rushmore Road. 

68.             No. 07SV048 - A request by FourFront Design, Inc. for Moyle Petroleum Company for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water, sewer, street light conduit and sidewalk on the rearage road and a variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water, sewer, street light conduit and sidewalk on Minnesota Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of South Yard Subdivision, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, less Lot H5 (formerly lots 8 thru 10 of Swander's Addition), Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 79 and Minnesota Street. 

69.             No. 07SV051 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Pacific Steel and Recycling for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, additional pavement or additional extension of water or sewer main in any adjoining right-of-way, and the requirement to dedicate additional right-of-way on a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27, more fully described as follows: Beginning at the southwest corner of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “RW FISK 6565”; thence, northerly along the westerly edge of said Lot A of Biernbaum Subdivision and along the easterly edge of Highway 79 right-of-way, N00º01’09”W, a distance of 225.01 feet more or less, to an angle point of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “LS4208” and said corner being coincident with the southwesterly corner of Lot B of Biernbaum Subdivision, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27; thence, easterly along the northerly edge of said Lot A of Biernbaum Subdivision and along the southerly edge of Lot B of Biernbaum Subdivision, N89º51’25”E, a distance of 206.31 feet more or less, to a point on the westerly edge of Amended Lot H2 of Lot A of Biernbaum Subdivision, as shown in the plat filed April 8, 2003 and recorded in Book 10 of Highway Plats on Page 111, said point being marked by a rebar with survey cap “LS 6119”; thence, southerly along the westerly edge of said Amended Lot H2 of Lot A of Biernbaum Subdivision, S00º05’02”W, a distance of 225.68 feet more or less, to the south line of said Lot A of Biernbaum Subdivision, also being the southwest corner of said Amended Lot H2 of Lot A of Biernbaum Subdivision, said corner being marked by a “SDDOT Monument”; thence, westerly along the southerly line of said Lot A of Biernbaum Subdivision, N89º57’30”W, a distance of 205.90 feet more or less, to the point of beginning, located at 4280 South Highway 79. 

70.             No. 07SV057 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the Dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive. 

71.             No. 07SV059 - A request by Centerline, Inc. for Action Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk, water and sewer along East North Street and to reduce pavement width from 26 feet to 24 feet along A/R Boulevard and A/R Lane as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 8 of Anamosa Crossing Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Century Road and East North Street. 

Continue the following items until February 4, 2008:

72.             No. 06SV012 - A request by Sperlich Consulting, Inc. for Sharon Norman for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Old Folsom Road, the Section Line Highway(s), the collector street and Norman Ranch Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 4A, 4B and 5R of Judicial Lot 4; and Lots 6 thru 17, Norman Ranch Subdivision, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 4 and 5 of Judicial Lot 4 of Norman Ranch Subdivision; the N1/2 SW1/4; the NW1/4 SE1/4 lying southwest of Old Folsom Road less the south 99 feet of NW1/4 SE1/4; the N1/2 N1/2 SE1/4 SW1/4; the W1/2 SW1/4 SW1/4; the N1/2 NE1/4 SW1/4 SW1/4; the west 220 feet of the S1/2 NE1/4 SW1/4 SW1/4; and the west 220 feet of SE1/4 SW1/4 SW1/4; all located in Section 28, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Highway 79 and Old Folsom Road. 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS 

Close Public Hearing (comment) -- Items 61 – 82

 CONSENT PUBLIC HEARING ITEMS – Item 73 - 81 

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items 

GROWTH MANAGEMENT ITEMS 

ALCOHOL LICENSES

73.             G S Corp., Inc. dba Casa Re’al, 2315 1/2 Mt. Rushmore Road for a Retail (On-Sale) Wine License

74.             Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled January 17, 2008 at Ketel Thorstenson LLP, 810 Quincy Street

75.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled January 18, 2008 at the Dahl Arts Center, 713 7th Street

76.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled March 21, 2008 at the Dahl Arts Center, 713 7th Street

77.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled June 6, 2008 at the Dahl Arts Center, 713 7th Street

78.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled July 7, 2008 at the Dahl Arts Center, 713 7th Street

79.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled August 1, 2008 at the Dahl Arts Center, 713 7th Street

80.             Rapid City Downtown Association for a special Beer License for an event scheduled June 27 & 28, 2008 on Sixth Street between Main & Rapid Streets 

ASSESSMENT ROLLS 

OTHER ITEMS REQUIRING PUBLIC HEARINGS

81.             No. PW121107-09 - Resolution of Necessity for Enchanted Pines Drive Water Main Extension, Phase II Project No. W07-1669 

END OF CONSENT PUBLIC HEARING CALENDAR 

NON-CONSENT PUBLIC HEARING ITEMS – Items 82

82.             No. 07FV007 - A request by Steve Storm for a Fence Height Exception to allow a six foot high fence in a front yard setback on Lots 21 thru 23 of Block 2 of Millard Subdivision, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 50 College Avenue. 

BILLS

83.             No. CC010708-01 - Bill List for January 7, 2008

ADDENDUM

84.             No. 07EX083 - Appeal denial for an exception to Detail 9-12 of the Standard Specifications for Public Works Construction, 2004 Edition for Proposed Tract 2 of Tuscany Square, Bob Brandt (continued from Sept. 17 and Oct. 15,, 2007 Council proceedings)

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN