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

September 15, 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 September 2, 2008, and special Council for September 3, 2008

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month

2.                  Employee Recognition and Award

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 3 - 66

Public Comment opened – Items 3 - 49

Public Comment closed

CONSENT ITEMS – Items 3 - 49

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

Vacations of Right-Of-Way Set for Hearing (None)

Alcoholic Beverage License Applications Set for Hearing (October 6, 2008)

3.                  Rapid City Area Chamber of Commerce for a special Beer and Wine License for an event scheduled October 14, 2008 at Serenity Springs Funeral Chapel, 3808 Sheridan Lake Road

4.                  Friends of the Rapid City Public Library for a special Wine License for an event scheduled October 23, 2008 at Rapid City Public Library, 610 Quincy Street

5.                  Uncork’d Wine and Tapas Bar, LLC dba Uncork’d Wine and Tapas Bar, 5734 Sheridan Lake Road, Suite 107 for Retail (On-Off Sale) Malt Beverage License, not eligible for Video Lottery

6.                  Uncork’d Wine and Tapas Bar, LLC dba Uncork’d Wine and Tapas Bar, 5734 Sheridan Lake Road, Suite 107 for Retail (On-Off Sale) Wine License

Public Works Committee Consent Items

7.                  No. PW071508-12 – Acknowledge report on parkland dedication requirements

8.                  No. PW090908-04 – Approve Change Order No. 1 for Block 75 Parking Structure, 3rd Level Addition Project No. IDP08-1725 to J. Scull Construction for an increase of 15 contract days

9.                  No. PW090908-12 – Approve Change Order No. 1 for Byrnwood Area Street Project No. ST08-1706 / CIP No. 50721 to Simon Contractors of SD, Inc. for an increase of $4,613

10.              No. PW090908-02 – Authorize staff to advertise for bids for East Nebraska Street Drainage Improvements Project No. DR07-1665 / CIP No. 50684

11.              No. PW090908-15 - Authorize staff to advertise for bids for a Trolley

12.              No. PW090908-05 – Authorize Mayor and Finance Officer to Sign an Agreement with Red Rock Development Company, LLC concerning Collection and Disbursement of Water and Sewer Construction Fees for Red Rock Estates Phase V

13.              No. PW090908-09 – Authorize Mayor and Finance Officer to sign Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for Construction Phase Services for construction of the Elk Vale Low Level Reservoir Project No. W07-1638 for an amount not to exceed $299,987

14.              No. PW090908-11 – Authorize Mayor and Finance Officer to sign an Encroachment Permit with Plains All American Pipeline, L.P. and its Affiliates

15.              No. PW090908-13 – Authorize Mayor and Finance Officer to Sign an Agreement with Isaac Almanza, for reimbursement of costs for the upgrade of nonconforming water and sewer service lines

16.              No. PW090908-14 – Authorize Mayor and Finance Officer to Sign an Agreement with Dakota Craft Business Properties, LLLP, for reimbursement of oversize cost and additional construction observation for an amount not to exceed $25,918

17.              No. PW090908-01 – Approve a Resolution Fixing Time and Place for Hearing on the Assessment Roll for the Enchanted Pines Drive Water Main Extension, Project No. W07-1669 for October 6, 2008 at 7:00 P.M.

18.              No. PW090908-03 – Approve a Resolution to Establish a Sewer Construction Fee for the Elysian Heights Subdivision Sewer Extension

19.              No. PW090908-07 – Approve a Resolution to Establish Sewer Frontage Construction Fees for Red Rock Estates Phase V

20.              No. PW090908-06 – Approve a Resolution to Establish a Water Frontage Construction Fee for Red Rock Estates Phase V

21.              No. PW090908-08 – Approve a Resolution to Establish a Water Oversize Construction Fee for Red Rock Estates Phase V

22.              No. PW090908-10 – Approve a request by Traffic/Sign Shop Operations to purchase One (1) Class CN Truck 1 Ton 4x2 Regular Cab, Cab Chassis, Diesel, 19,000 GVW, from the 2009 State Vehicle Purchase Contract, to replace Unit T708 for a cost of $40,000

23.              No. 08TP023 – Approve 2008–2012 Transportation Improvement Program Amendment #08-016

24.              No. 08TP024 – Approve 2009-2013 Transportation Improvement Program Amendment #09-001

Legal & Finance Committee Consent Items

25.              No. LF091008-01 – Confirm Appointment of Joshua White to the Urban Forestry Board to Complete a Vacant Term to Expire December, 2009

26.              Approve appointment of Civic Center Master Plan Committee with the addition of two at large members

27.              No. LF091008-02 – Approve Travel Request for Chief Allender and 12 Command Staff Members to attend Semi-Annual Goals Meeting in Spearfish, SD, November 4-5, 2008 in the approximate amount of $1,372

28.              No. LF091008-04 - Authorize Mayor and Finance Office to Sign the Professional Service Agreement with Day Star Research for the Petroglyph Survey and Recordation Project for the Historic Preservation Commission for an amount not to exceed $9,850

29.              No. LF091008-20 - Authorize Mayor and Finance Officer to Sign State of South Dakota Agreement/Letter of Agreement

30.              No. LF091008-05 - Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property for Monday, October 6, 2008 at 7:00 P.M.

31.              No. LF091008-06 – Approve Resolution Declaring Property Surplus

32.              Acknowledge the Following Volunteer for Workmen’s Compensation Purposes: J Anderson

33.              No. LF091008-07 – Approve Agreement with Apex Technology Solutions Group (Domain Migration Project)

34.              No. LF091008-08 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of IT Manager (Correction)

35.              No. LF091008-09 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of IT Project Manager (Police) (Correction)

36.              No. LF091008-10 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of IT Project Manager (General) (Correction)

37.              No. LF091008-11 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Information Technology Technician (Correction)

38.              No. LF091008-12 – Approve Resolution to Establish Additional Staffing for the Rapid City Regional Airport

39.              No. LF091008-18 – Approve Resolution to Establish Additional Staffing in the Water Division of the Public Works Department

40.              No. LF091008-13 - Authorize Mayor and Finance Officer to Sign Contract for Fiscal Year 2008 Community Development Block Grant Sub-Recipients – Consumer Credit Counseling Services of the Black Hills (CCCS)

41.              No. LF091008-14 - Approve Travel Request for Jerry Wright and Mike Oyler to attend SDSWMA 18th Annual Conference and Trade Show in Sioux Falls, SD, September 16-19, 2008 in the approximate amount of $1,388

42.              No. LF091008-19 – Approve Travel Request for Connie Namanny and Sharon Shoberg to attend the 2008 Harris Customer Conference – Advanced Utility Systems in Las Vegas, NV, November 3-7, 2008 in the approximate amount of $3,913

43.              No. LF091008-21 - Authorize Mayor and Finance Officer to Sign Amendment No. 1 to Contract with Project Solutions, Inc. to Provide Construction Inspectors for Rapid Construction

44.              No. LF091008-15 – Approve Travel Request for Doug Lowe, Kristy Lintz, Cliff Zechiel, Kane Messer, Randy Lyons, Duncan Olney, Erin Smith, Craig Nichols, and Lon Van Deusen to attend South Dakota Parks & Recreation Annual Conference in Brookings, SD, September 21-24, 2008 in the approximate amount of $3,220

45.              No. LF091008-23 - Authorize Mayor and Finance Officer to Sign Grant Agreement with the State of South Dakota regarding the Recreational Trails Program for the Skyline Wilderness Park

46.              No. LF091008-16 - Authorize Mayor and Finance Officer to Sign Memorandum of Understanding with AFSCME General

47.              Approve the Following Licenses: Electrical Journeyman: Chad Hein, Mark Millar, and Colin Weller; Mechanical Contractor: Michael Anderson, Anderson Heating & A/C; and House Mover: Joe Klein, Klein’s House Moving

Growth Management Department Consent Items

48.              No. 08PL107 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Preliminary Plat on Lots 33 thru 40 of Block 18, Lot 6 of Block 26 and Lots 5 thru 8 of Block 27 of Trailwood Village Subdivision,  located in the NW1/4 of the SE1/4 and the SW1/4 of the NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village Subdivision, located in the NW1/4 of the SE1/4 and the SW1/4 of the NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the northern terminus of Savannah Street.

49.              No. 08PL117 - A request by FourFront Design, Inc. for Skyline Pines East, LLLP for a Preliminary Plat on Lots 10 thru 18 and 49 feet Right-of-way of Tower Court of Skyline Pines East Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land being a portion of Lot B of the SW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, South Dakota, more particularly described as follows: Beginning at the southeast corner of lot 18, said corner being on the northerly line of the 60 foot wide tower road right-of-way, said point also being a point of curvature, monumented with a No. 5 rebar with orange plastic cap marked “4front Nelson RLS #9049: thence along the arc of said curve to the right having a radius of 235.00 feet, a central angle of 05º13’04” for a distance of 21.40 feet to a point of tangency; thence along said line of tangency north 44º03’02” west a distance of 73.79 feet to a point of curvature: thence continuing along said northerly right-of-way line along the are of said curve to the left having a radius of 430.00 feet, a central angle of 39º51’22” for a distance of 299.12 feet; thence departing said northerly right-of-way line along the following 7 courses the termini of which are monumented with a No. 5 rebar with orange plastic cap marked “4front Nelson RLS #9049”: North 32º36’48” east a distance of 195.31 feet; North 53º34’09” west a distance of 40.69 feet; North 42º38’52” east a distance of 153.00 feet; South 89º52’02” east a distance of 206.91 feet; South 57º23’12” east a distance of 205.80 feet; South 16º52’40” west a distance of 283.49 feet; North 73º07’20” west a distance of 61.60 feet; Thence south 32º36’48” west a distance of 157.57 feet more or less to the point of beginning, containing an area of 3.8 acres more or less, located west of Mount Rushmore Road, north of Tower Road and east of Sandstone Lane.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS – Items 50 - 66

Public Comment opened – Items 50 - 66

Public Comment closed

Ordinances

50.              No. 08OA007 – First Reading, Ordinance No. 5422 Adding Bakery as a Permitted Use by Amending Section 17.22.020 of the Rapid City Municipal Code

51.              No. 08RZ031 - First Reading, Ordinance No. 5423, 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 a Rezoning from General Agriculture District to General Commercial District on a portion of Tract B of Rushmore Center, located in the SE¼, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Tract B of Rushmore Center, common to a point on the westerly edge of right-of-way of Luna Avenue, common to a point on the northerly edge of right-of-way of Anamosa Street, and the point of beginning, Thence first course: N89º50’44’W, along the southerly boundary of said Tact B, common to the northerly edge of right-of-way of said Anamosa Street, a distance of 159.72 feet; Thence, second course: N00º01’19”W, a distance of 1281.72 feet; Thence, third course: S89º25’05”E, distance of 197.25, to a point on the easterly boundary of said Tract B, common to a point on the westerly edge of right-of-way of said Luna Avenue; Thence, fourth course: curving to the right, along the easterly boundary of said Tract B, common to the westerly edge of said Luna Avenue right-of-way, on a curve with a radius of 476.00 feet, a delta angle of 00º45’45”, a length of 6.34 feet, a chord bearing of S00º13’05”E, and chord distance of 6.34 feet; Thence, fifth course: S00º09’48”W, along the easterly boundary of said Tract B, common to the westerly edge of said Luna Avenue right-of-way, a distance of 816.29 feet; Thence, sixth course: curving to the right, along the easterly boundary of said Tract B, common to the westerly edge of said Luna Avenue right-of-way, on a curve with a radius of 1970.00 feet, a delta angle of 01º48’09”, a length of 61.97 feet, a chord bearing of S01º03’52”W, and chord distance of 61.97 feet; Thence, seventh course: S01º57’56”W, along the easterly boundary of said Tract B, common to the westerly edge of said Luna Avenue right-of-way, a distance of 375.85 feet, to a corner on the easterly boundary of said Tract B, common to a corner on the westerly edge of said Luna Avenue right-of-way; Thence, eighth course: S46º03’36”W, along the easterly boundary of said Tract B, common to the westerly edge of said Luna Avenue right-of-way, a distance of 28.73 feet, to the southeasterly corner of said Tract B, common to a point on the westerly edge of right-of-way of said Luna Avenue, common to a point on the northerly edge of right-of-way of said Anamosa Street, and the point of beginning, located at the northwest corner of the intersection of East Anamosa Street and Luna Avenue.

52.              No. 08RZ032 - First Reading, Ordinance No. 5424, 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 a Rezoning from Medium Density Residential District to General Commercial District on Tract A of Rushmore Center  located in the SE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of East Anamosa Street and Luna Avenue.

53.              No. 08RZ033 - First Reading, Ordinance No. 5425, 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 a Rezoning from Medium Density Residential District to General Commercial District on a portion of Tract B of Rushmore Center, located in the SE¼, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northwesterly corner of Tract B of Rushmore Center, common to the northeasterly corner of Tract A of Rushmore Center, and common to a point on the southerly boundary of Tract G of Rushmore Crossing, and the point of beginning, Thence, first course: S89º45’36”E, along the northerly boundary of said Tract B, common to the southerly boundary of said Tract G, a distance of 118.40 feet; Thence, second course: S00º01’19”E, a distance of 1436.19 feet, to a point on the northerly edge of right-of-way of Anamosa Street; Thence, third course: N89º50’44”W, along the northerly edge of right-of-way of Anamosa Street, a distance of 122.75, to the southwesterly corner of said Tract B, common to the southeasterly corner of Lot A of Lot 5R of Meridian Subdivision; Thence, fourth course: N00º09’06”E, along the westerly boundary of said Tract B, common to the easterly boundary of said Lot A of Lot 5R, a distance of 955.83 feet, to the northeasterly corner of said Lot A of Lot 5R, common to the southeasterly corner of said Tract A, and common to a point on the westerly boundary of said Tract B; Thence, fifth course: N00º09’06”E, along the westerly boundary of said Tract B, common to the easterly boundary of said Tract A, a distance of 480.53 feet, to the northwesterly corner of said Tract B, common to the northeasterly corner of said Tract A, common to a point on the southerly boundary of said Tract G, and the point of beginning, located at the northwest corner of the intersection of East Anamosa Street and Luna Avenue.

54.              No. LF082708-13 – Second Reading, Ordinance No. 5419, FY2009 Appropriation Ordinance

55.              No. PW081208-04A – Second Reading, Ordinance No. 5420 to Establish a Process for Allowing Discharge of a Sump Pump into the City’s Sanitary Sewer System by Amending Section 13.08.230 of the Rapid City Municipal Code

Growth Management Department Items

Legal & Finance Committee Items

56.              A request to set a time for a special Council meeting to discuss the FY2009 budget

57.              No. LF091008-24 - A request from First United Methodist Church to waive parking enforcement on September 27, 2008, from 8:00 a.m. to 2:00 p.m. on Kansas City Street (between 6th and 7th Streets); on 7th Street (between Quincy and Kansas City Streets)

58.              Authorize Growth Management Department to expend personnel line item funds in the approximate amount of $113,400 to purchase Azteca permitting software

59.              Authorize Mayor and Finance Officer to sign Permitting Proposal with Azteca Systems, Inc.

60.              No. LF073008-59 – Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Forensic Chemist

61.              No. 08TI007 - A request by Dream Design International, Inc. for a Creation of Tax Increment District on Utility Lot 1 Par Subdivision; Tract 2 and Tract 3 of Par Subdivision; all located in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted Portion of NE1/4 SW1/4 Lying N of Hwy Right-of-Way; Unplatted Portion of NW1/4 SW1/4 Lying N of Hwy Less Lot H1; Unplatted Portion of NW1/4 SW1/4 Lying South of Hwy, Right-of-Way Less Lot H1; Unplatted SW1/4 SW1/4, Less Lot H2 & Less Right-of-Way; all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Tract A and Tract B of Meadow View Subdivision; Unplatted, E1/2 W1/2 NE1/4 NW1/4 and the W1/2 E1/2 NE1/4 NW1/4; Unplatted Portion of NE1/4 NW1/4 NW1/4 Lying East of Hwy 16 Less Shipman Heights Subdivision and Less Right-of-Way; Lot A Tucker Subdivision; Lot 1 Shipman Heights Subdivision; Unplatted Portion of SE1/4 NW1/4 NW1/4 Lying East of Hwy 16 Less Right-of-Way; Lot A Ranch Subdivision; Tract 1 of W1/2 NW1/4 Less Lot A of Ranch Subdivision, Less Connector Subdivision, Less Lots H1, H2, H3 & Right-of-Way; Tract AR2 Needles Subdivision; Tract B Needles Subdivision; Tract 1 Waterslide Addition; Unplatted Balance of S1/2 SE1/4 NW1/4; Unplatted Balance of NE1/4 SW1/4; Lot 4R and Lot 5 of Old Rodeo Subdivision; Lot 2 and Vacated Physician Drive Adjacent of Said Lot 2 Old Rodeo Subdivision; Lot 3 and Vacated Physician Drive Adjacent to Said Lot 3 Old Rodeo Subdivision; Lot 1 Less Lots 2, 3, 4R, 5 and ROW Old Rodeo Subdivision; Unplatted Lot B of SW1/4 SW1/4 Less RTY; Right-of-Way of Tucker Street; Right-of-Way of Promise Road; Right-of-Way of Jordan Drive; Right-of-Way of Addison Avenue; all located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1 and Lot 2 of Connector Subdivision, all located in Sections 26 and 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Platted Tract 1 of SE1/4 NE1/4 Less Connector Sub & Less Lot H1, Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted NW1/4NW1/4 less Lot H1 and less right-of-way; Unplatted SE1/4NW1/4; Unplatted W1/2SE1/4 and SE1/4SE1/4; Unplatted NE1/4SW1/4; Unplatted SW1/4NW1/4 less Lot H1 and less right-of-way; all located in Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Right-of-Way of Catron Boulevard located in Sections 23, 24, 26, and the SE1/4 NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Right-of-Way of U.S. Highway 16 located in Section 26, 27, NE1/4 of Section 34, and NW1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Catron Boulevard from Fifth Street to South U.S. Highway 16, then south along U.S. Highway 16 to Sammis Trail and east to Hyland Crossing Subdivision.

62.              No. 08TI008 - A request by Dream Design International, Inc. for a Project Plan on Utility Lot 1 Par Subdivision; Tract 2 and Tract 3 of Par Subdivision; all located in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted Portion of NE1/4 SW1/4 Lying N of Hwy Right-of-Way; Unplatted Portion of NW1/4 SW1/4 Lying N of Hwy Less Lot H1; Unplatted Portion of NW1/4 SW1/4 Lying South of Hwy, Right-of-Way Less Lot H1; Unplatted SW1/4 SW1/4, Less Lot H2 & Less Right-of-Way; all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Tract A and Tract B of Meadow View Subdivision; Unplatted, E1/2 W1/2 NE1/4 NW1/4 and the W1/2 E1/2 NE1/4 NW1/4; Unplatted Portion of NE1/4 NW1/4 NW1/4 Lying East of Hwy 16 Less Shipman Heights Subdivision and Less Right-of-Way; Lot A Tucker Subdivision; Lot 1 Shipman Heights Subdivision; Unplatted Portion of SE1/4 NW1/4 NW1/4 Lying East of Hwy 16 Less Right-of-Way; Lot A Ranch Subdivision; Tract 1 of W1/2 NW1/4 Less Lot A of Ranch Subdivision, Less Connector Subdivision, Less Lots H1, H2, H3 & Right-of-Way; Tract AR2 Needles Subdivision; Tract B Needles Subdivision; Tract 1 Waterslide Addition; Unplatted Balance of S1/2 SE1/4 NW1/4; Unplatted Balance of NE1/4 SW1/4; Lot 4R and Lot 5 of Old Rodeo Subdivision; Lot 2 and Vacated Physician Drive Adjacent of Said Lot 2 Old Rodeo Subdivision; Lot 3 and Vacated Physician Drive Adjacent to Said Lot 3 Old Rodeo Subdivision; Lot 1 Less Lots 2, 3, 4R, 5 and ROW Old Rodeo Subdivision; Unplatted Lot B of SW1/4 SW1/4 Less RTY; Right-of-Way of Tucker Street; Right-of-Way of Promise Road; Right-of-Way of Jordan Drive; Right-of-Way of Addison Avenue; all located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1 and Lot 2 of Connector Subdivision, all located in Sections 26 and 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Platted Tract 1 of SE1/4 NE1/4 Less Connector Sub & Less Lot H1, Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted NW1/4NW1/4 less Lot H1 and less right-of-way; Unplatted SE1/4NW1/4; Unplatted W1/2SE1/4 and SE1/4SE1/4; Unplatted NE1/4SW1/4; Unplatted SW1/4NW1/4 less Lot H1 and less right-of-way; all located in Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Right-of-Way of Catron Boulevard located in Sections 23, 24, 26, and the SE1/4 NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Right-of-Way of U.S. Highway 16 located in Section 26, 27, NE1/4 of Section 34, and NW1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Catron Boulevard from Fifth Street to South U.S. Highway 16, then south along U.S. Highway 16 to Sammis Trail and east to Hyland Crossing Subdivision.

Public Works Committee Items

Bids

63.              No. CC091508-02.1 – Landfill Trash Compactor for Sanitation Division (opened September 9, 2008)

64.              No. CC091508-02.2 – Enhanced Corrosion Inhibited Liquid Magnesium Chloride for the Street Division (opened September 9, 2008)

65.              No. CC091508-02.3 – Sodium Chloride for the Street Division (opened September 9, 2008)

66.              No. CC091508-02.4 – Halley Park Electrical Project No. PR08-6001 (opened September 9, 2008)

Mayor’s Items

Council Items & Liaison Reports

Reconsideration Notices

Motion for Delivery of Items from Committee

Staff Items

Appeals

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP Committee Items

PUBLIC HEARING ITEMS – Items 67 – 97

Open Public Hearing (comment) -- Items 67 – 97

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 67 - 91

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

Continue the following items until October 6, 2008:

67.              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.

68.              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 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.

69.              No. 08PL038 - A request by Sperlich Consulting, Inc. for TK Engesser Investments, LLC for a Preliminary Plat on Lots 1 thru 4 of Engessor Subdivison, located in the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located southwest of the intersection of South Dakota Highway 44 and Radar Hill Road.

70.              No. 08PL055 - A request by Advanced Engineering for David M. Grundstrom for a Preliminary Plat on Lots 1 of Lot B3 and Lot 2 of B3 of Parcel B of MJK Subdivision, formerly Lot B3 of Parcel B of the MJK Subdivision located in the NW1/4 of the SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B3 of Parcel B of the MJK Subdivision located in the NW1/4 of the SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 4045 Derby Lane.

71.              No. 08PL061 - A request by Kadrmas, Lee and Jackson for Speedway Enterprises, LLC for a Layout Plat on Lots 1 and 2 of Race Track Subdivision, formerly the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of East S.D. Highway 44 and Jolly Lane.

72.              No. 08PL065 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 20 of Block 1 of Copperfield Vistas Subdivision,  located in portions of the E1/2 NW1/4 and the NE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as located in the E1/2 NW1/4 and the NE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Copperfield Drive.

73.              No. 08PL070 - A request by Michael and Susan Bergstresser and Elmer E. and Barbara Storm for a Preliminary and Layout Plat on Lots 2R and 3R, formerly Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, located at 6417 South Canyon Road.

74.              No. 08PL090 - A request by Advanced Engineering & Surveying and D.C. Scott Surveying, Inc. for Blu-Knu Enterprises, LLC for a Preliminary Plat on Lots 2A and 2B and Lot 3R of Blu-Knu Subdivision, formerly Lots 2 and 3 of Blu-Knu Subdivision and the unplatted land located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2 and 3 of Blu-Knu Subdivision and the unplatted land located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Deadwood Avenue between Lien Street and 1543 Deadwood Avenue.

75.              No. 08PL098 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 29 thru 33 of Block 3 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located East of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

76.              No. 08PL099 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 1thru 28 of Block 3; Tracts A, B, C and D of Block 4 of Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located East of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

77.              No. 08PL106 - A request by Hadcock Construction Inc. for Allan L. and Leah J. Dewald for a Preliminary Plat on Lot B of DeWalds Subdivision, located in the SW1/4 NE1/4 NW1/4 and a portion of the W1/2 NW1/4, Section 12, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, legally described as located in the SW1/4 NE1/4 NW1/4 and a portion of the W1/2 NW1/4, Section 12, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at 6790 Nameless Cave Road.

78.              No. 08PL115 - A request by D.C. Scott Surveyors, Inc. for Thomas Estes for a Layout Plat on Lot 6 of Estes Subdivision, located in the W1/2 W1/2 SW1/4, Section 15, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted parcel of land lying north of Neck Yoke Road east of Aero Road and south of Lot 1 of Estes Subdivision, located in the W1/2 W1/2 SW1/4, Section 15, T1S, R7E, BHM, Pennington County, South Dakota, located northeast and northwest of the intersection of Neck Yoke Road and Aero Road.

79.              No. 08PL116 - A request by Sperlich Consulting, Inc. for Zandstra Real Estate Holdings for a Preliminary Plat on Lots 8 thru 12 of Block 8, Lots 5 thru 9 of Block 9, Lots 17 thru 23 of Block 10, Lots 4 thru 18 of Block 11 and Lots 1 thru 10 of Block 13 of Elks Country Estates, located in a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of the E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north and south sides of the intersection of Jolly Lane and Padre Drive and adjacent to Forest Oaks Court.

80.              No. 08SV007 - A request by Craig and Tamara Mestad for a Variance to the Subdivision Regulations to waive the requirement to install, curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Sammis Trail and Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B C and D of Tract 20 of Highview Subdivision, located in the SE1/4 NE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 20 of Highview Subdivision, NE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1445 Sammis Trail.

81.              No. 08SV028 - A request by Kadrmas, Lee and Jackson for Speedway Enterprises, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Race Track Subdivision, formerly the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of East S.D. Highway 44 and Jolly Lane.

82.              No. 08SV035 - A request by Advanced Engineering & Surveying and D.C. Scott Surveying, Inc. for Blu-Knu Enterprises, LLC for a Variance to the Subdivision Regulations to waive the requirement to install street light conduit, sewer and additional pavement along Lien Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2A and 2B and Lot 3R of Blu-Knu Subdivision, formerly Lots 2 and 3 of Blu-Knu Subdivision and the unplatted land located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2 and 3 of Blu-Knu Subdivision, and the unplatted land located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Deadwood Avenue between Lien Street and 1543 Deadwood Avenue.

83.              No. 08SV044 - A request by D.C. Scott  Surveyors, Inc. for Thomas Estes for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional public right-of-way, to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement as per Chapter 16 of the Rapid City Municipal Code on Lot 6 of Estes Subdivision, located in the W1/2 W1/2 SW1/4, Section 15, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted parcel of land lying north of Neck Yoke Road east of Aero Road and south of Lot 1 of Estes Subdivision, located in the W1/2 W1/2 SW1/4, Section 15, T1S, R7E, BHM, Pennington County, South Dakota, located northeast and northwest of the intersection of Neck Yoke Road and Aero Road.

84.              No. 08VE017 - A request by Dream Design International, Inc. for a Vacation of a portion of a Utility and Drainage Easement on Lot 7 of Block 3 of Rainbow Ridge Subdivision, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1118 Alma Street.

85.              No. 08VE018 - A request by Dream Design International, Inc. for a Vacation of a portion of a Minor Drainage and Utility Easement on Lot 8 of Block 3 of Rainbow Ridge Subdivision, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1128 Alma Street.

Continue the following items until October 20, 2008:

86.              No. 08PL016 - A request by Renner & Associates for Pete Lien and Sons for a Preliminary Plat on Lots 1 thru 2 of Keller Subdivision and Tract 1 of Schaeferville Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of the NE1/4; Lot 1 of Limestone Tunnel Subdivision; Lot B of the NW1/4 of the NE1/4; Lots 1 thru 3 of Block 1 and vacated Feist Road of Feist Addition; Lots 1 thru 4 of Lot 1 of the NE1/4 of the NE1/4; Lot A, Lots 1 thru 6 of Lot B, and a Subdivision of Lot1C; Lot X and Y, a Subdivision of Lot 1D: Lots A, B, and C of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located north and south of Universal Drive and west of Sturgis Road.

87.              No. 08PL102 - A request by Black Hills Area Habitat for Humanity for a Preliminary Plat on Blocks 73A, 73B and 73C of Mahoney Addition, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 73 of Mahoney Addition, all located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1323 Midway Street.

88.              No. 08RZ027 - Second Reading, Ordinance No. 5416, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Kent and Karin Hagg for a Rezoning from Low Density Residential District to General Agriculture District on property described as Open Space and Open Space with Major Drainage and Utility Easement, Block 3, South Hill Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Catron Boulevard and north, west and south of Wellington Drive.

89.              No. 08SV010 - A request by Renner & Associates for Pete Lien and Sons for a Variance to the Subdivision Regulations to waive the requirement to construct curb, gutter, sidewalk, street light conduit, water, sewer and to waive the requirement to dedicate additional Right-of-way and pavement along Sturgis Road and the Section Line Right-of-way, Neiger Court, Zenker Place and in the access easements as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Keller Subdivision and Tract 1 of Schaeferville Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of the NE1/4; Lot 1 of Limestone Tunnel Subdivision; Lot B of the NW1/4 of the NE1/4; Lots 1 thru 3 of Block 1 and vacated Feist Road of Feist Addition; Lots 1 thru 4 of Lot 1 of the NE1/4 of the NE1/4; Lot A, Lots 1 thru 6 of Lot B, and a Subdivision of Lot1C; Lot X and Y, a Subdivision of Lot 1D: Lots A, B, and C of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located north and south of Universal Drive and west of Sturgis Road.

90.              No. 08SV041 - A request by Black Hills Habitat for Humanity for a Variance to the Subdivision Regulations to waive the requirement to install sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Block 73A and 73C of Mahoney Addition, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 73, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1323 Midway Street.

91.              No. 08VE005 - A request by Renner & Assoc. for Pete Lien & Sons for a Vacation of Access Easement on a 50 foot wide Access Easement, located in the SE1/4 NE1/4, Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located southwest of the intersection of Zenker Place and Sturgis Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 67 – 97

CONSENT PUBLIC HEARING ITEMS – None

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

Growth Management Items

Alcohol Licenses

Assessment Rolls

Other Items Requiring Public Hearings

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 92 - 97

92.              No. 08CA029 - A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan adopting the West Rapid Future Land Use Plan property generally lying south of Omaha Street, north of Jackson Boulevard, west of S.D. Highway 79 (Sturgis Road) to the Rapid City corporate limits boundary, Pennington County, South Dakota.

93.              No. 08CA030 - A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by eliminating, adding and realigning arterial and collector streets in the West Rapid Neighborhood Area Future Land Use Plan on property generally lying south of Omaha Street, north of Jackson Boulevard, west of S.D. Highway 79 (Sturgis Road) to the Rapid City corporate limits boundary, Pennington County, South Dakota.

94.              No. 07PD102 - Appeal of the Planning Commission’s decision on a request by Michael Derby for a Planned Commercial Development - Initial Development Plan on Lots B thru M and W of Kashmir Subdivision, located in the NE1/4 SE1/4, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2720 Chapel Lane.

95.              No. 08CA028 - A request by Sperlich Consulting, Inc. for Doeck, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Park Forest to Low Density Residential District on Lot 1 of Block 13 of Auburn Hills Subdivision, located in the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 of the NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Bunker Drive and Alma Street.

96.              No. 08SV043 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Variance to the Subdivision Regulations to waive the requirement to install sewer along Landon Drive, to install curb gutter, sidewalk, pavement, water & sewer along the access easement and to reduce the width of the access easement from 45 feet to 20 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots 33 thru 40 of Block 18, Lot 6 of Block 26 and lot 5 thru 8 of Block 27 of Trailwood Village Subdivision, located in a portion of Tract T of Trailwood Village, located in the NW1/4 of the SE1/4 and in the SW1/4 of the NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village, located in the NW1/4 of the SE1/4 and in the SW1/4 of the NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the northern terminus of Savannah Street and Leola Lane.

97.              No. 08RZ030 - Second Reading, Ordinance No. 5421, 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 Doeck, LLC for a Rezoning from General Agriculture District to Low Density Residential District on Lot 1 of Block 13 of Auburn Hills Subdivision, located in the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 of the NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Bunker Drive and Alma Street.

BILLS

98.              No. CC091508-01 – Bill List for September 15, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN