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

March 3 , 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 February 19, 2008

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 - 79

Public Comment opened – Items 1 - 62

Public Comment closed

CONSENT ITEMS – Items 1 - 62

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

Vacations of Right-Of-Way Set for Hearing (April 7, 2008)

1.                  No. 07VR014 - A request by Dennis and Janine Walz for a Vacation of Right-of-Way on a portion of West South Street Right-of-Way adjacent to Lot 1 of Lot AR of Lot 1 in the SE1/4 NE1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3401 W. South Street.

Alcoholic Beverage License Applications Set for Hearing (March 17, 2008)

2.                  Rapid City Fine Arts Center, Inc. for a Special Event Beer and Wine License for an event scheduled April 4, 2008 at the Dahl Arts Center, 713 7th Street

3.                  Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled April 8, 2008 at the Rapid City Public Library, 610 Quincy Street

4.                  Leading Edge Management, LLC dba Buffalo Wings and Rings, 5622 Sheridan Lake Road for a Retail (On-Off Sale) Wine License

5.                  Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for a Package (Off-Sale) Liquor License TRANSFER from Albertsons, Inc. dba Albertsons Food Center #845, 855 Omaha Street

6.                  Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for a Package (Off-Sale) Malt Beverage License TRANSFER from Albertsons, Inc. dba Albertsons Food Center #845, 855 Omaha Street

7.                  Bosselman, Inc. of South Dakota dba Bosselman Travel Center, 2783 Deadwood Avenue for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from I-90 Fuel Services, Inc. dba Windmill Truck Stop, 2783 Deadwood Avenue

Public Works Committee Consent Items

8.                  No. PW012908-01 – Acknowledge report on sewer backup appeal from Jerome and Jeraldine Walenta, 510 E. Watertown Street

9.                  No. PW012908-03 - Ask City staff to proceed with Code Enforcement in the surrounding Knollwood Drainage area; clean up the graffiti, and to bring a report forward at the April 15, 2008 Public Works Committee meeting

10.             No. PW022608-02 - Authorize staff to advertise for bids for Meade Street Reconstruction – Phase 2 from Flormann Street to Tallent Street Project No. DR03-1333C / CIP #50416

11.             No. PW022608-03 - Authorize staff to advertise for bids for Cross Street Railroad Crossing Project No. RR06-1540 / CIP #50172

12.             No. PW022608-04 - Authorize staff to advertise for bids for One (1) Tandem Axle Dump Truck (Replacement) for the Street Division

13.             No. PW022608-05 - Authorize staff to advertise for bids for Two (2) Sander / Spreader Trucks (Replacements) for the Street Division

14.             No. PW022608-06 - Authorize staff to advertise for bids for One (1) Vacuum Street Sweeper (Replacement) for the Street Division

15.             No. PW022608-07 - Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with RESPEC to provide Stormwater Quality and Plan Preparation Training for an amount not to exceed $34,490.00

16.             No. PW022608-08 - Authorize the Mayor and Finance Officer to sign a Petition to vacate public right-of-way legally described as the north 14 foot strip of the Monroe Street right-of-way, adjacent to Lot A of Block 12 Wise’s Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally known as 410 East Monroe Street

17.             No. PW022608-09 - Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Kadrmas, Lee & Jackson, Inc. for East North Street / East Boulevard Reconstruction from Saint Joseph Street to Cambell Street Project No. ST08-1511 for an amount not to exceed $124,310.37

18.             No. PW022608-10 - Approve a request to revise Subletting of Contract for the North Maple Avenue and East Disk Drive Intersection Reconstruction Project No. ST08-1700 / CIP #50702

19.             No. PW022608-11 - Approve a request to raise Liquidated Damages to $2,500 per working day for the North Maple Avenue and East Disk Drive Intersection Reconstruction Project No. ST08-1700 / CIP #50702

20.             No. PW022608-12 - Approve the purchase two (2) 2008 Chevrolet Colorado pickups off of the State Contract #15270 from Lamb Chevrolet for $17,715.00 each for the Engineering Division

21.             No. PW022608-13 - Approve the purchase two (2) 3/4 Ton, 4x4, Extended Cab, Long Box, Ford F250 pickups from McKie Ford matching State Contract No. 15269 for a price of $22,449.00 each (Replacements) for the Street Division

22.             No. PW022608-14 - Approve the purchase one (1) 3/4 Ton, 4x4, Regular Cab, Long Box, Ford F250 pickup from McKie Ford matching State Contract No. 15269 for a price of $20,020.00 (Replacement) for the Street Division

23.             No. PW022608-15 - Approve the purchase One (1) Articulating Motorgrader from RDO Equipment Company for a price of $182,434.00 for the Street Division

24.             No. 08EX007 -  Approve an exception to allow a 36 foot wide approach in Lieu of 28 foot wide approach on the East 33' of Lot 16 and all of Lots 17-20, Block 9, Schnasse Addition, Rapid City, Pennington County, South Dakota for petitioner Fisk Land Surveying

Legal & Finance Committee Consent Items

25.             No. LF022708-02 – Confirm appointment of John Brockelsby to the Journey Museum Board

26.             No. LF022708-28 – Acknowledge Capital Improvements Program Committee monthly update for February 2008

27.             No. LF022708-29 – Approve the Parks & Recreation 2007 CIP Funds carry-over

28.             No. LF022708-30 – Approve the Parks and Recreation Five-Year Plan for FY2009 – FY 2013

29.             Approve the Finance Office Remodel Project for $6,500 from CIP Contingency

30.             Set the next CIP Committee meeting for March 28, 2008 at 10:00 A.M.

31.             No. LF022708-36 – Approve request to extend floodplain moratorium through March 31, 2008

32.             No. LF022708-03 – Authorize staff to advertise for bids for digital video recorder system for the Police Department

33.             No. LF022708-32 – Approve Travel Request for Loyann Kistler to attend Cardinal Ticketrak User Conference in Addison, TX, April 27-30, 2008, in the approximate amount of $1,378.51

34.             No. LF022708-33 – Approve Event Permit for Celts of America to hold parade on March 15, 2008

35.             No. LF022708-34 – Approve Event Permit for Alex Johnson Hotel to allow motorcycle parking June 30, 2008, July 14, 2008, and July 28, 2008

36.             No. LF022708-04 – Approve Travel Request for Rod Seals and Nick Carlson to attend Fire Department Instructor’s Conference in Indianapolis, IN, April 7-12, 2008, in the approximate amount of $4,204

37.             No. LF022708-05 – Approve the purchase Vehicle Exhaust Removal Systems for Fire Stations 5 and 7

38.             No. LF022708-06 – Approve Travel Request for Travis Brink, Marjorie Brekke, Sandra McNeely, and Stephanie Big Crow to attend Thinking Ahead 2008 Conference in Salt Lake City, UT, March 13-15, 2008, in the approximate amount of $3,663.11

39.             No. LF022708-07 – Approve Travel Request for Monica Heller, Community Planning Coordinator and Jared Ball, Planner I to attend the American Planning Association National Planning Conference in Las Vegas, Nevada, April 27, 2008-May 1, 2008 in an approximate amount of $3,574.00

40.             Acknowledge the following volunteers for purposes of workers compensation insurance coverage: Leticia Penaloza and Rinkal Saini

41.             No. LF022708-10 – Authorize Mayor and Finance Officer to sign Local Governing Body Approval Letter for Corner Stone Rescue Mission for Emergency Shelter Grant Funds for the operation of the Mission

42.             No. LF022708-11 – Authorize Mayor and Finance Officer to sign Local Governing Body Approval Letter for Corner Stone Women & Children’s Home for Emergency Shelter Grant Funds for the operation of the Mission

43.             No. LF022708-12 – Approve Subsidy Committee recommendations for an Amendment to the FY2008 CDBG Annual Action Plan Grant Allocations

44.             No. LF022708-13 – Approve Request for Proposals for audio/video equipment in the City Council/School Board Chambers

45.             No. LF022708-14 – Authorize Mayor and Finance Officer to sign Agreement with Condrey and Associates in the amount of $12,500 and travel not to exceed $5,000 for a staffing study

46.             No. LF022708-15 – Approve the bid award for East Mall Drive Connection - North LaCrosse Street to East North Street, Project No. ST06-1334b / CIP No. 50521, SDDOT Project No. EM 1608(3) - PCN 012F to the lowest responsible bidder meeting specifications, Knife River Midwest, LLC, for the low unit prices bid for a total contract amount of $6,592,466.00

47.             No. LF022708-16 – Authorize staff to proceed with Request for Proposals for design and construction of a creative playground to be located in Vickie Powers Park

48.             No. LF022708-17 – Authorize staff to proceed with Request for Qualifications for landscape architect, construction management and related services for development of Phase 1 of Vickie Powers Memorial Park

49.             No. LF022708-18 – Authorize staff to advertise for bids for hot drink & candy, amusements, and cold drink & cold drink concession products for the Rapid City Swim Center and the Roosevelt Ice Arena

50.             No. LF022708-19 – Authorize the Mayor and Finance Officer to sign 2008 Parks Custodial Contract with Black Hills Workshop

51.             No. LF022708-27 – Approve Travel Request for Bob Young to attend National Playground Safety Institute in Bismarck, ND, March 16-20, 2008, in the approximate amount of $1,131

52.             No. LF022708-20 – Approve Resolution of Intent to Enter into Extended Lease of Land with Presbyterian Retirement Village of Rapid City, Inc. Pursuant to SDCL 9-12-5.2

53.             No. LF022708-21 – Acknowledge raffle request from South Dakota Engineering Society

54.             No. LF022708-22 – Acknowledge raffle request from Rapid City Regional Hospital Foundation

55.             No. LF022708-23 – Acknowledge raffle request from Rapid City Arts Council

56.             No. LF022708-24 – Acknowledge raffle request from Rapid City Girls Junior Olympic ASA, Inc.

57.             No. LF022708-35 – Approve request from Chuck Wendt, d/b/a CW Enterprises for 2008 Ice Cream Vending License

58.             No. LF022708-31 – Approve abatement for Robert W. Akers for 2007 in the amount of $2,903.92

59.             Approve the following licenses:  Residential Contractor:  Kirk Wermager, K & S Custom Homes; Jacqueline Ann Nettleton, Mountain Movers Construction Inc.; David LaFrance, Black Hills Area Habitat for Humanity; Chris Johnson, C Michael Homes Inc.; Michael Swenson, DAZ Construction; John Diedrichs, Diedrichs Construction; Dave Freytag; and Kent & Cindy Guthrie, Guthrie Inc.; Mobile Home Court:  Gikling & Meier LLC, Cherry Avenue Mobile Park; House Mover:  John Samples, Kan Build Inc.; Electrical Master:  Scott Clarke, Clarke Electric; Electrical Journeyman:  Steve Reimer, Jesse Jensen, Matthew Yackley, and Jesse Jensen; Plumbing Apprentice:  Dennis Busack, Dustin Christensen, Bradley Hatheway, Adam Hoyt, Nicholas Klimek, Joshua Knock, Wade Medicine, William Peldo, Don Pruess, Dean Williamson, Dusty Yellow, and Danyal Wright; Plumbing Contractor:  Barry Akley, Precision Plumbing Inc.; Jon Anderson, Plumbing Plus; Brad Bilka, Pine Tree Plumbing Inc.; Dennis Brown, DB Plumbing; Todd Chase, American Plumbing Service; Gerald Cook, Accurate Plumbing & Heating; Dennis Corcoran, Tessier’s Inc.; Steve Darling, Plumbing Design & Installation; John Drewitz, JKD Plumbing; Chad Erlenbusch, Always Plumbing; Douglas Ficken, D & T Professional Plumbing Co Inc.; Chad Filek, J-Berd Mechanical; Thomas Hagemann, Action Mechanical; Carol Hallock, Town-N-Country Plumbing; John Hammond Jr., Action Mechanical; Craig Heigh, Heigh Class Plumbing & Heating; Paul Iseminger, Western Mechanical Service; Keith Jackson, Action Mechanical; Kelly Klein, Hills Plumbing & Heating; Frank Krohmer, Krohmer Plumbing; Dwight Kuntz, Badger Plumbing & Heating Inc.; Jeff Minnick, Minnick Plumbing; Bruce Nash, Custom Plumbing; Larry Nelson, Nelson Ditching & Excavating Inc.; Henry Niemann, Hank’s Plumbing; Larry Olson, Olson’s Plumbing & Heating; Gene Opstedahl, Opstedahl Plumbing; John Paulson, Paulson Plumbing; Gary Pleinis; Steve Prestjohn, Black Hawk Plumbing & Heating; Robert Raczynski, AAA Plumbing; James Rensch, Rushmore Plumbing Services Inc.; David Rohrer, Plumber Dave; Estes Rothenberger, Merillat Industries; Alvin Rudd, Rudd Plumbing; Jim Schnittgrund, Jim’s Plumbing & Heating Inc.; Wesley Scholl, Scholl Plumbing & Heating Inc.; Ted Simonson, Western Mechanical; Kenneth Skyberg, Seepco; Daniel Smith, Smith Plumbing Inc.; Scott Smith, Aqua Plumbing & Heating; Allan Spodnik, Custom Plumbing; Myron Tatum, Action Mechanical; John Thomas, A Plus Plumbing LLC; Doug Van Dierendonck, A & E Plumbing; Dennis Walz, Dede’s Faucet Repair; and Donovan Williamson, Waterworks Plumbing Inc.; Plumbing Plumber:  Gerald Barry, Thurman Blackbird, Andrew Chado, Jerold Cranford, Larry Haney, Jesse Jenson, Joseph Kerns, Daniel Kliber, Shawn Kluever, Randy Klimek, Dan Michael, Jeremy Miller, Chadwick Raverty, John Shorter, Bradley Smith, Marvin Tisdall, Cory Williamson, and Derrick Williamson; Water Softening Contractor:  Paul Champion, Champion Water Systems Inc.; and Gary Robinson, Watertree Inc.; Sewer and Water Contractors:  Thomas Lester, 4L’s Construction; Jamie Gerlach, All Around Construction, Inc.; Owen H Emme, Summit, Inc.; Kevin Bowman, YJC Excavating & Landscaping, Inc.; Robert W. Powles, Piedmont Construction dba Powles & Sons Construction; William J Keller, Hills Materials Company; Jerald Mitzel, JV Bailey Co., Inc.; Melvin Geidel, Geidel Excavation; Marvin Erickson, Marv’s Excavating, Inc.; Greg Lind, Lind-Exco, Inc.; Cameron Miller, Miller Construction; Tony Bolton, B&B Excavating; Gary L. Hamm, Diamond M Inc.; Gerold (Dale) Schuelke, Highmark, Inc.; Michael R. Schnell, Simon Contractors of South Dakota; Steve Van Houten, Rapid Construction Company; Dane Sundstrom, Xcel Demolition; Robert Burns, Earthorizons, Inc.; Howard Nold, Nold Excavating; John Duffield, Duffield Construction, Inc.; Perry Van De Steeg, RCS Construction; Mike Dimond, JMD Excavating; Kirk Worley, Schad Excavation; Steve Moore, A-1 Ditching; Terry Larson, Excavating Specialists; Jon Anderson, Plumbing Plus; Duane K. Olson, Olson Excavating; Trenching Contractors:  Ed Westcott, Westcott Construction Co, Inc.; Paul Ekstrom, Push, Inc.; Don Williams, Cable Communication Services, Inc.; Kenneth Kainz, Kainz Power Lines, Inc.; Fred Wolken, Jr., Sprinkler Guys, Inc.; Robert “Scott” Raczynski, AAA Plumbing; Sewer and Water Journeyman:  Norman Wiederich, Thomas Schumacher, Dale Raish, Warren Jaasund, Robert B Hengen, Brandon Fogelman, Jerry Bassett, Merritt E Duffield, Dion  Frost, Dale Graham, Wesley Hall, Glenn Taylor, Dave Hepburn, Percy Lone Elk, Kurt Garlick, Robert Frease, Samuel Morris, III, Jason Schuelke, Wayne Hellman, Justin Schuelke, William Haas, Bryan Wildberger, Mike Ryan, Wayne May, Donald Krebs, Gene Johnson, Tom Anderson, Lyle Bromwich, Kory Hudelson, Bret Olson, Daniel Sagdalen, Joel Bodurtha, Tony Parker, Shelby Moore, Ryan Simpson, Mike Atchley, James Bice, Richard Harmon, Dale Mogensen, Dave Mueller, William Schamber, Art Askland, Brett Torrey, Warren (Mike) Case, Ron Behrens; Trenching Journeyman:  Tom Beetem, Scott Purcell, Steven Quenzer, Joe B Ford, David R Jedlicka, Carol L Green, Stephen M Swanson, Kent Otto, Charles Cummings, David Rhodes, Bruce Williams, John Erickson, Kirk Gortmaker, Gary Wickman, Johnny Ward, Kelly Thurman, Bob Richardson, Scott Bach, Randy Coffield, Donald Donaldson, Jim Giggee, Paul Frey, Brett Larson, Todd Jones, Gerald Hanks, Roger Packard, Reynold Rausch

Growth Management Department Consent Items

60.             No. 08PL002 - A request by Dream Design International, Inc. for Robert Sundby for a Preliminary Plat on Lots 1 and 2 of Sammi's Subdivision, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 of Lot 8 of the E1/2 NE1/4, less Lot H1, of the E1/2 of Lot 8 of the E1/2 of the NE1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4961 Sheridan Lake Road.

61.             No. 08PL008 - A request by Renner & Associates for Jo and Steve Benn for a Preliminary Plat on Lot 8 of Block 4 of Clarkson Subdivision, located in a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, a portion of Spring Canyon Trail Right-of-way, and a portion of Clarkson Road Right-of-way, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail.

62.             No. 08PL009 - A request by Fisk Land Surveying & Consulting Engineers for Randy Long for a Preliminary Plat on Lots 42BR-Revised and 43AR and 43BR of Village on the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 42BR and 43 of Village on the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, located adjacent to the north side of Mulligan Mile.

END OF CONSENT CALENDAR

Public Comment opened – Items 63 - 79

Public Comment closed

NON-CONSENT ITEMS – Items 63 - 79

ORDINANCES

63.             No. LF022708-08 – First Reading, Ordinance No. 5371 Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards an Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code

64.             No. 08OA001 – Second Reading, Ordinance No.5370 Adding Non-Overnight Dog Kennels and Corrals for Transitory Animals as a Conditional Use by Amending Section 17.18.030 of the Rapid City Municipal Code

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

65.             No. 08TI001 - A request by Sperlich Consulting, Inc. for Doeck, LLC to consider an application for a Creation of Tax Increment District on the SE1/4 NE1/4 and the W1/2 SE1/4, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The S1/2 S1/2 W1/2 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 of Block 1, Lots 1, 2, 6 and 7 of Block 2, Lots 1 through 20 of Block 3 and Roberta Street right-of-way adjacent to said lots, Earleen Street right-of-way, Kateland Street right-of-way, all located in Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 of Block 5 and Lot 11 of Block 4, Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 through 17 of Block 1, Lot 1 and Lot 22 of Block 3, Lot 1 and Lot 24 of Block 4, Lot 1 and Lot 24 of Block 5, Lot 1 and 24 of Block 6, Lot 1 of Block 7, Bengal Drive right-of-way adjacent to said lots, all located in Mall Ridge Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The unplatted portion of the SW1/4SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 7 through 16 of Block 2 and Titan Drive right-of-way adjacent to said lots, Lots 1 through 6 of Block 3, Lots 1 through 3 of Block 6 and Three Rivers Drive right-of-way adjacent to said lots, Lots 1, 2, 3A, 4A, 5, 6, and 7 of Block 7, Lots 1 through 14 of Block 8 and Bengal Drive right-of-way adjacent to said lots, Lots 18 through 22 of Block 8, all located in Northbrook Village Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Country Road right-of-way located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot DE of Tract 5 of Sletten Addition, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4 less Lot A and less Lot 1 of Hubbard Subdivision, Section 24, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4NE1/4 of Section 23, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east and west of Haines Avenue and north and south of Country Road.

66.             No. 08TI002 - A request by Sperlich Consulting, Inc. for Doeck, LLC to consider an application for a Tax Increment District Project Plan on the SE1/4NE1/4 and the W1/2SE1/4, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The S1/2S1/2W1/2SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 of Block 1, Lots 1, 2, 6 and 7 of Block 2, Lots 1 through 20 of Block 3 and Roberta Street right-of-way adjacent to said lots, Earleen Street right-of-way, Kateland Street right-of-way, all located in Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 of Block 5 and Lot 11 of Block 4, Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 through 17 of Block 1, Lot 1 and Lot 22 of Block 3, Lot 1 and Lot 24 of Block 4, Lot 1 and Lot 24 of Block 5, Lot 1 and 24 of Block 6, Lot 1 of Block 7, Bengal Drive right-of-way adjacent to said lots, all located in Mall Ridge Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The unplatted portion of the SW1/4SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 7 through 16 of Block 2 and Titan Drive right-of-way adjacent to said lots, Lots 1 through 6 of Block 3, Lots 1 through 3 of Block 6 and Three Rivers Drive right-of-way adjacent to said lots, Lots 1, 2, 3A, 4A, 5, 6, and 7 of Block 7, Lots 1 through 14 of Block 8 and Bengal Drive right-of-way adjacent to said lots, Lots 18 through 22 of Block 8, all located in Northbrook Village Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Country Road right-of-way located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot DE of Tract 5 of Sletten Addition, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4 less Lot A and less Lot 1 of Hubbard Subdivision, Section 24, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4NE1/4 of Section 23, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east and west of Haines Avenue and north and south of Country Road.

67.             No. LF022708-25 – Report on use of property adjacent to Executive Golf Course

68.             No. LF022708-26 – Request staff to prepare an annexation study of the North Valley Drive Annexation area, a Notice of Hearing, and a Resolution of Intent to Annex

69.             No. LF121207-28A – Resolution Directing that City Staff Convert the Current Ten Hour Parking Meters along Apolda Street to Two Hour Meters

PUBLIC WORKS COMMITTEE ITEMS

70.             No. PW021208-01 – Concrete Pavement Benefits and Life Cycle Costs presentation by American Concrete Pavement Association, Larry Engbrecht (February 19, 2008 City Council item on Consent Calendar)

71.             Designate the proposed new site, located north of the Journey Museum and along the hillside for the ATTA Powwow Gardens and Market Site; and authorize the applicant to proceed with the 11-6-19 Review Application

72.             No. PW092507-19 - Requirements for use of Greenway Pedestrian Bike Path Funds

73.             No. 08EX015 - An appeal of the denial of a request to allow a driveway approach which is not directly opposite and does not meet minimum spacing requirements on East North Street (proposed Auto Zone)

74.             No. 08EX013 - Request the Development, Appeals and Review Board (DARB) hear the request by Merlin Stromer to consider an exception to Allow Access to a Higher Order Street on Lot B, Bar P-S Subdivision, Rapid City, South Dakota; and make a recommendation to the City Council (File No. 08PL007)

BIDS

75.             No. CC030308-02 – 2008 Street Painting Contract Project No. PM08-1696 / CIP No. 50594 (opened February 26, 2008)

76.             No. CC030308-02 – 2008 Police Vehicle Contract for Six Ford Crown Victoria Patrol Cars (opened February 26, 2008)

MAYOR’S ITEMS

77.             Vision 2012 Update

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

APPEALS

DARB

License application appeals

Sign Code Appeals

78.             No. CC110507-03 – Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Cabela’s Retail, Inc. for wall signs, joint identification sign, and ground monument sign on Lot 3, Forefather Flats Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3231 East Mall Drive (continued 11/05/07; 12/03/07; 01/22/08, 02/19/085)

79.             No. CC110507-04 - Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Rapid Center, LLC for joint identification sign on Lot 3, Starlite Subdivision, and a portion of the SW1/4 of Section 28, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota (continued 11/05/07; 12/03/07; 01/22/08, 02/19/08)

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 80 – 118

Open Public Hearing (comment) -- Items 80 –118

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 80 - 104

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

Continue the following items until March 17, 2008:

80.             No. 06PL090 - A request by Dream Design International for a Preliminary Plat on Lots 1 thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated Right-of-Way, Elks Meadows Subdivision, located in the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom Road.

81.             No. 07CA062 - A request by Dream Design International, Inc. for Signature Homes, LLC for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by relocating a minor arterial street on Sections 18 and Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located on proposed LaCrosse Street north of Seger Drive.

82.             No. 07PL067 - A request by Whittingham & Lestrange, LPI for a Preliminary Plat on Tracts 1 thru 3 of Block 1, Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B Revised, Lot 1 and Lot 2 of Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A of Meadow View Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-of-Way; all located in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted portion of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of Block 2 and a portion of Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision; Lots 1 thru 4, a portion of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road Right-of-Way of Tower Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section 26 (Promise Road Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the unplatted portion of the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26; Lot H3 of Section 26 and Tucker Street Right-of-way; the unplatted portion of the SE1/4 of the NW1/4 of the NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-way (the Maze property); Tract AR2 and Tract B of Needles Subdivision, Tract a of Meadow View Subdivision in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

83.             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.

84.             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.

85.             No. 07PL116 - A request by Sperlich Consulting, Inc. for James Letner for a Layout Plat on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Creek Drive and East St. Patrick Street.

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

87.             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.

88.             No. 07PL152 - A request by Sperlich Consulting for  Ron Shape for a Preliminary Plat on Lots 1 through 6 of Block 1, Lots 1 through 8 of Block 2, Lots 1 through 8 of Block 3, Lots 1 through 8 of Block 4, Lot 1 of Block 5, Lot 1 of Block 6, and Lot 1 of Block 7, Homestead Subdivision, located in the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4 of Section 3, located in the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and west of Reservoir Road.

89.             No. 07PL164 - A request by Arleth & Associates for a Preliminary Plat on Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the Plat of the Days Inn Tract and Burger King Tract a replat of Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 719 Jackson Boulevard.

90.             No. 07PL166 - A request by Oliver A. Freimark for a Layout Plat on Lot 1 of Spring Creek Estates Subdivision, located in a portion of the NE1/4 SE1/4, Section 3, T1S, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 3, T1S, R7E, BHM, Pennington County, South Dakota, located at 8686 South Highway 16.

91.             No. 07PL180 - A request by Dream Design International for Signature Homes, LLC for a Layout Plat on Lots 1 thru 263 and Tracts A, B, D, E, F, G, H, I, J and K of Prairie Meadows Subdivision, located in Section 18, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Government Lot 4 less Right-of-way, the unplatted balance of the SE1/4 SW1/4, and the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Country Road,  east of Cobalt Avenue and west of 143rd Street.

92.             No. 07SV026 - A request by Whittingham & Lestrange, LPI for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Catron Boulevard and U. S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on Tracts 1 thru 3 of Block 1, Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B Revised, Lot 1 and Lot 2 of Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A of Meadow View Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-of-Way; all located in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted portion of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of Block 2 and a portion of Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision; Lots 1 thru 4, a portion of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road Right-of-Way of Tower Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section 26 (Promise Road Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the unplatted portion of the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26; Lot H3 of Section 26 and Tucker Street Right-of-Way; the unplatted portion of the SE1/4 of the NW1/4 of the NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-Way (the Maze property); Tract AR2 and Tract B of Needles Subdivision, Tract A of Meadow View Subdivision in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

93.             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.

94.             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.

95.             No. 07SV070 - A request by Sperlich Consulting, Inc. for James Letner for a Variance to the Subdivision Regulations to waive the requirement to dedicate ten additional feet of right-of-way along East St. Patrick Street; to waive the requirement to dedicate seventeen additional feet of right-of-way along Creek Drive adjacent to proposed Lot 8; to install additional pavement, curb, gutter, sidewalk and street light conduit along Creek Drive; to install sidewalk along the south side of East St. Charles Street; and, to provide a planting screen easement along East St. Patrick Street and Creek Drive on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1624 East St. Patrick Street.

96.             No. 07VR005 - A request by Dream Design International, Inc. for a Vacation of Right-of-way on the portion of the unplatted balance lying between Lancer Drive and Elk Vale Road of the SE1/4 less Lot H1, less Lots H3 and H4 of the W1/2 SE1/4 and less Lots H3, H4 and H5 of the E1/2 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Lancer Drive and Elk Vale Road.

97.             No. 08CA001 - A request by Dream Design International, Inc. for Signature Homes, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential District with a Planned Residential Development to Medium Density Residential District with a Planned Residential Development on a portion of Government Lot 4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning. Thence, first course: N00º07’57”E, a distance of 607.71 feet, Thence, second course: S89º45’23”E, a distance of 348.37 feet; Thence, third course: S45º18’29”E, a distance of 148.27 feet; Thence, fourth course: S41º57’10”E, a distance of 97.30 feet; Thence, fifth course: S60º00’17”E, a distance of 82.33 feet; Thence, sixth course: S74º07’50”E, a distance of 100.83 feet; Thence, seventh course: S89º41’41”E, a distance of 89.82 feet; Thence, eighth course: N85º07’42”E, a distance of 72.62 feet; Thence, ninth course: N74º29’46”E, a distance of 101.06 feet; Thence, tenth course: N56º32’29”E, a distance of 93.59 feet; Thence, eleventh course: S59º22’45”E, a distance of 105.77 feet; Thence, twelfth course: S89º45’23”E, a distance of 54.68 feet; Thence, thirteenth course: S00º14’37”W, a distance of 117.37 feet; Thence, fourteenth course: S89º45’23”E, a distance of 100.00 feet; Thence, fifteenth course: S00º14’37”W, a distance of 40.61 feet; Thence, sixteenth course: S89º37’07”E, a distance of 20.52 feet, to the northwesterly corner of Lot 1 of Mailloux Subdivision in Lot B in the SE ¼ of the SW ¼ of Section 18, T2N, R8E, BHM; Thence, seventeenth course: S00º23’45”W, along the westerly boundary of said Lot 1, a distance of 208.56 feet, to the southwesterly corner of said Lot 1; Thence, eighteenth course: S00º23’45”W, a distance of 33.00 feet, to a point on the section line common to Sections 18, and 19; Thence, nineteenth course: N89º35’54”W, along the section line common to Sections 18, and 19, a distance of 1290.05 feet, to the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning, located north of Country Road, east of Cobalt Avenue and west of 143rd Street.

98.             No. 08CA002 - A request by Dream Design International, Inc. for Signature Homes, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Medium Density Residential with a Planned Residential Development on a portion of the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 17, 18, 19, and 20, Thence N89º37’14”W, along the section line common to Sections 18 and 19, a distance of 333.22 feet, to the point of beginning; Thence, first course: N89º37’14”W, along the section line common to Sections 18 and 19, a distance of 1678.81 feet; Thence, second course: N00º22’46”E, a distance of 33.00 feet, to the southeasterly corner of Lot A of the SW1/4 of the SE1/4 of Section 18, T2N, R8E, BHM; Thence, third course: N00º25’46”E, along the easterly boundary of said Lot A, a distance of 208.20 feet, to the northeasterly corner of said Lot A; Thence, fourth course: S89º34’30”E, a distance of 199.01 feet; Thence, fifth course: N00º14’37”E, a distance of 610.83 feet; Thence, sixth course: S89º45’23”E, a distance of 234.88 feet; Thence, seventh course: S39º45’06”E, a distance of 91.40 feet; Thence, eighth course: S74º45’23”E, a distance of 71.54 feet; Thence, ninth course: N50º14’54”E, a distance of 78.96 feet; Thence, tenth course: S39º45’06”E, a distance of 14.60 feet; Thence, eleventh course: curving to the right, on a curve with a radius of 224.00 feet, a delta angle of 23º40’06”, a length of 92.53 feet, a chord bearing of S27º55’03”E, and chord distance of 91.88 feet; Thence, twelfth course: N73º55’00”E, a distance of 208.37 feet; Thence, thirteenth course: N39º45’06”W, a distance of 712.01 feet, to a point on the section 1/16th line; Thence, fourteenth course: S89º33’44”E, along the section 1/16th line, a distance of 1256.40 feet; Thence, fifteenth course: S00º02’35”W,  a distance of 975.25 feet, to the northwesterly corner of Lot 1 of North Haines Subdivision; Thence, sixteenth course: S00º02’34”W, along the westerly boundary of said Lot 1, a distance of 299.94 feet, to the southwesterly corner of said Lot 1; Thence, seventeenth course: S00º22’46”W, a distance of 50.01 feet, to a point on the section line common to Sections 18 and 19 and the point of beginning, located north of Country Road, east of Cobalt Avenue and west of 143rd.

99.             No. 08PL001 - A request by Black Hills Surveying for Duane Hosek for a Preliminary Plat on Lots 1 and 2 of Hosek Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all of Block 24 of Mahoney Addition, less the west 25 feet, less the south eight and one half feet and the east eight and one half feet, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1509 Midway.

100.         No. 08PL007 - A request by Davis Engineering, Inc. for Merlin Stromer for a Preliminary Plat on Lots B1 and B2 of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot B of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, located at the northeast corner of the intersection of S.D. Highway 44 and Airport Road.

101.         No. 08RZ002 - Second Reading, Ordinance No. 5367, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for Signature Homes, LLC for a Rezoning from Low Density Residential to Medium Density Residential on a portion of Government Lot 4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning. Thence, first course: N00º07’57”E, a distance of 607.71 feet, Thence, second course: S89º45’23”E, a distance of 348.37 feet; Thence, third course: S45º18’29”E, a distance of 148.27 feet; Thence, fourth course: S41º57’10”E, a distance of 97.30 feet; Thence, fifth course: S60º00’17”E, a distance of 82.33 feet; Thence, sixth course: S74º07’50”E, a distance of 100.83 feet; Thence, seventh course: S89º41’41”E, a distance of 89.82 feet; Thence, eighth course: N85º07’42”E, a distance of 72.62 feet; Thence, ninth course: N74º29’46”E, a distance of 101.06 feet; Thence, tenth course: N56º32’29”E, a distance of 93.59 feet; Thence, eleventh course: S59º22’45”E, a distance of 105.77 feet; Thence, twelfth course: S89º45’23”E, a distance of 54.68 feet; Thence, thirteenth course: S00º14’37”W, a distance of 117.37 feet; Thence, fourteenth course: S89º45’23”E, a distance of 100.00 feet; Thence, fifteenth course: S00º14’37”W, a distance of 40.61 feet; Thence, sixteenth course: S89º37’07”E, a distance of 20.52 feet, to the northwesterly corner of Lot 1 of Mailloux Subdivision in Lot B in the SE ¼ of the SW ¼ of Section 18, T2N, R8E, BHM; Thence, seventeenth course: S00º23’45”W, along the westerly boundary of said Lot 1, a distance of 208.56 feet, to the southwesterly corner of said Lot 1; Thence, eighteenth course: S00º23’45”W, a distance of 33.00 feet, to a point on the section line common to Sections 18, and 19; Thence, nineteenth course: N89º35’54”W, along the section line common to Sections 18, and 19, a distance of 1290.05 feet, to the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning, located north of Country Road, east of Cobalt Avenue and west of 143rd Street. 

102.         No. 08RZ003 - Second Reading, Ordinance No. 5368, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for Signature Homes, LLC for a Rezoning from Low Density Residential to Medium Density Residential on a portion of the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 17, 18, 19, and 20, Thence N89º37’14”W, along the section line common to Sections 18 and 19, a distance of 333.22 feet, to the point of beginning; Thence, first course: N89º37’14”W, along the section line common to Sections 18 and 19, a distance of 1678.81 feet; Thence, second course: N00º22’46”E, a distance of 33.00 feet, to the southeasterly corner of Lot A of the SW1/4 of the SE1/4 of Section 18, T2N, R8E, BHM; Thence, third course: N00º25’46”E, along the easterly boundary of said Lot A, a distance of 208.20 feet, to the northeasterly corner of said Lot A; Thence, fourth course: S89º34’30”E, a distance of 199.01 feet; Thence, fifth course: N00º14’37”E, a distance of 610.83 feet; Thence, sixth course: S89º45’23”E, a distance of 234.88 feet; Thence, seventh course: S39º45’06”E, a distance of 91.40 feet; Thence, eighth course: S74º45’23”E, a distance of 71.54 feet; Thence, ninth course: N50º14’54”E, a distance of 78.96 feet; Thence, tenth course: S39º45’06”E, a distance of 14.60 feet; Thence, eleventh course: curving to the right, on a curve with a radius of 224.00 feet, a delta angle of 23º40’06”, a length of 92.53 feet, a chord bearing of S27º55’03”E, and chord distance of 91.88 feet; Thence, twelfth course: N73º55’00”E, a distance of 208.37 feet; Thence, thirteenth course: N39º45’06”W, a distance of 712.01 feet, to a point on the section 1/16th line; Thence, fourteenth course: S89º33’44”E, along the section 1/16th line, a distance of 1256.40 feet; Thence, fifteenth course: S00º02’35”W,  a distance of 975.25 feet, to the northwesterly corner of Lot 1 of North Haines Subdivision; Thence, sixteenth course: S00º02’34”W, along the westerly boundary of said Lot 1, a distance of 299.94 feet, to the southwesterly corner of said Lot 1; Thence, seventeenth course: S00º22’46”W, a distance of 50.01 feet, to a point on the section line common to Sections 18 and 19 and the point of beginning, located north of Country Road, east of Cobalt Avenue and west of 143rd.

103.         No. 08SV001 - A request by Black Hills Surveying for Duane Hosek for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and reduce thel pavement width from 27 feet to 24 feet and to dedicate additional Right-of-Way along Midway Street; and a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and to reduce the pavement width from 27 feet to 24 feet and to dedicate additional Right-of-way along Patton Street as per Chapter 16 of the Rapid City Municipal Code on Lots 1 and 2 of Hosek Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all of Block 24 of Mahoney Addition, less the west 25 feet, less the south eight and one half feet and the east eight and one half feet, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1509 Midway.

104.         No. 08SV003 - A request by Davis Engineering, Inc. for Merlin Stromer for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidwalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots B1 and B2 of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot B of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, located at the northeast corner of the intersection of S.D. Highway 44 and Airport Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 80 – 118

CONSENT PUBLIC HEARING ITEMS – Item 105

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

105.         Walter Banovil dba Picasso Barn Pizzeria, 325 Omaha Street, Suite 6 for a Retail (On-Off Sale) Malt Beverage License with NO Video Lottery TRANSFER from Picasso Barn Pizzeria, LLC dba Picasso Barn Pizzeria, 556 Kirkeby Lane

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 106 - 118

106.         No. 07CA023 - A request by Scull Construction for Whittingham & Lestrange, LPI for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Park Forest to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, described as follows: commencing at the rear lot corner common to Lots 3 and 4 of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey cap stamped LS 6117, Thence S25º59’34”E a distance of 55.29’ to the point of beginning; Thence First Course: along a line with a bearing of N00º00'38"E and a distance of 355.70; Thence Second Course: along a line with a bearing of S10º41'47"E and a distance of 590.96 feet; to an intersection with the northerly line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 5 and the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision with a bearing of N25º59'34"W and a distance of 250.40 feet to the Point of Beginning, located northeast of Table Rock Road.

107.         No. 07CA055 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Rural Reserve to General Commercial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence N00º04’09”W. along the section line common to Sections 21, and 22, a distance of 530.00 feet to the point of beginning; Thence, first course: S89º55’51”W, a distance of 449.12 feet; Thence, second course: N00º07’41”W, a distance of 860.00 feet; Thence third course: N89º55’51”E, a distance of 450.00 feet, to a point on the section line common to Sections 21, and 22; Thence, fourth course: S00º04’09”E, along the section line common to Sections 21, and 22, a distance of 860.00 feet, to the point of beginning, located north of Seger Drive and west of Elk Vale Road.

108.         No. 07CA056 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Rural Reserve to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Lot 2R of Beaird Subdivision and the point of beginning, Thence, first course: S74º37’29”E, a distance of 1202.78 feet; Thence, second course: S31º45’55”E, a distance of 1162.49 feet; Thence, third course: S90º00’00”W, a distance of 439.54 feet; Thence, fourth course: N00º00’00”E, a distance of 428.29 feet; Thence, fifth course: N37º32’29”W, a distance of 394.90 feet; Thence, sixth course: N62º35’52”W, a distance of 1229.50 feet, to the southeasterly corner of Lot 2R of Beaird Subdivision and the point of beginning, located north of Seger Drive and west of Elk Vale Road.

109.         No. 07CA057 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Public to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at section corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, thence N00º02’15”W, a distance of 521.16 feet to the point of beginning, Thence, first course: N00º02’15”W, along the section line common to Sections 20 and 21, a distance of 941.15 feet; Thence, second course: S48º29’18”E, a distance of 331.54 feet; Thence, third course: S83º10’38”E, a distance of 304.61 feet; Thence, fourth course: N88º20’00”E, a distance of 1840.91 feet; Thence, fifth course: N60º21’45”E, a distance of 305.29 feet; Thence, sixth course: N00º00’00”E, a distance of 1256.52 feet; Thence seventh course: N90º00’00”E, a distance of 439.54 feet; Thence eighth course: S31º45’55”E, a distance of 187.71 feet; Thence ninth course: S70º52’51”E, a distance of 832.49 feet; Thence tenth course: S00º00’00”E, a distance of 1709.19 feet; Thence eleventh course: S89º55’51”W, a distance of 3980.51 feet, to a point on the section line common to Sections 20 and 21, and the point of beginning, located north of Seger Drive and west of Elk Vale Road.

110.         No. 07CA059 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Rural Reserve to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence, N00 04’09”W, a distance of 1390.00 feet to the point of beginning; Thence, first course: S89 55’51”W, a distance of 450.00 feet; Thence, second course: S00 07’41”E, a distance of 860.00 feet; Thence, third course: S89 55’51”W, a distance of 873.79 feet; Thence, fourth course: N00 00’00”E, a distance of 1709.19 feet; Thence, fifth course: S70 52’51”E, a distance of 73.39 feet; Thence, sixth course: S20 31’58”E, a distance of 434.44 feet; Thence seventh course: N89 55’51”E, a distance of 1099.64 feet, to a point on the section line common to sections 21, and 22; Thence eighth course: S00 04’09”E, along the section line common to sections 21 and 22, a distance of 418.04 feet, to the point of beginning, located north of Seger Drive and west of Elk Vale Road.

111.         No. 08FV001 - Approve a request by Shawn Worland to consider an application for a Fence Height Exception to allow a six foot fence in the front yard setback on 1001 Wambli Drive a portion of Block 6A of Lakota Subdivision No. 2, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1001 Wambli Drive.

112.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, water, sewer, street light conduit and sidewalk along Spring Canyon Trail as it abuts a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, a portion of Spring Canyon Trail Right-of-way, and a portion of Clarkson Road Right-of-way, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail.   (08SV004)

113.         No. 08SV004 - A request by Renner & Associates for Jo and Steve Benn for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along Spring Canyon Trail as per Chapter 16.16 of the Rapid City Municipal Code on Lot 8 of Block 4 of Clarkson Subdivision, located in a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, a portion of Spring Canyon Trail Right-of-way, and a portion of Clarkson Road Right-of-way, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail.

114.         No. 08SV005 - A request by Fisk Land Surveying & Consulting Engineers for Randy Long for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk, and to reduce the pavement width and right-of-way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 42BR-Revised and 43AR and 43BR of Village on the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 42BR and 43 of Village on the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, located adjacent to the north side Mulligan Mile.

115.         No. 08VR001 - A request by Renner & Associates for Jo and Steve Benn for a Vacation of Right-of-Way on a portion of Clarkson Road Right-of-way, located in the S1/2 of the NE1/4 and the N1/2 of the SE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail.

116.         No. 08VR002 - A request by Renner & Associates for Jo and Steve Benn for a Vacation of Right-of-Way on a portion of Spring Canyon Trail Right-of-way, located in the S1/2 of the NE1/4 and the N1/2 of the SE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail.

117.         No. 07RZ043 - Second Reading, Ordinance No. 5305, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Scull Construction for Whittingham & Lestrange, LPI for a Rezoning from Park Forest District to General Commercial District on a parcel of land located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, described as follows: commencing at the rear lot corner common to Lots 3 and 4 of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey cap stamped LS 6117, Thence S25º59’34”E a distance of 55.29’ to the point of beginning; Thence First Course: along a line with a bearing of N00º00'38"E and a distance of 355.70; Thence Second Course: along a line with a bearing of S10º41'47"E and a distance of 590.96 feet; to an intersection with the northerly line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 5 and the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision with a bearing of N25º59'34"W and a distance of 250.40 feet to the Point of Beginning, located northeast of Table Rock Road.

118.         No. 07RZ058 - Second Reading, Ordinance No. 5328, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Don Jiracek for a Rezoning from Medium Density Residential District to General Commercial District on Lots 1 thru 2 of Block 2 of  North Boulevard Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 409 West Boulevard.

BILLS

119.         No. CC030308-01 - Bill List for March 3, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN