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

October 6, 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 15, 2008, and special Council for September 17, 2008 and September 18, 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 - 52

Public Comment opened Items 1 - 44

Public Comment closed

CONSENT ITEMS Items 1 - 44

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 20, 2008)

1.                  Atlantis LLC dba Fairfield Inn & Suites by Marriott, 1314 North Elk Vale Road for a Retail (On-Sale) Liquor License transfer (change in property description of licensed premise)

2.                  SMJ Ventures LLC dba OMA & Caf & Bakery, 1118 East North Street for a Retail (On-Off Sale) Malt Beverage License not eligible for video lottery

3.                  SMJ Ventures LLC dba OMA & Caf & Bakery, 1118 East North Street for a Retail (On-Off Sale) Wine License

Public Works Committee Consent Items

4.                  No. PW093008-02 Refer a request for a westbound traffic left-turn lane for Catron Boulevard to the CIP Committee for consideration and prioritization

5.                  No. PW093008-01 Approve Change Order No. 1F for Well No. 6 Pump Replacement Project No. W08-1724, CIP No. 50724 to Water System Drilling, Inc. for an increase of $3,172.80

6.                  No. PW093008-04 Authorize Staff to Advertise for one new Combination Jet Vacuum Truck for Sewer Utility Maintenance

7.                  No. PW093008-03 - Acknowledge report on the Transit Development Plan 2009-2013; authorize staff to begin changing routes and some of the other reported recommendations; and delay any changes in the fares

8.                  No. 06PL160 Approve a request for one year extension of approval for Layout Plat No. 06PL160, Skyline Village Subdivision, located in the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota

9.                  No. PW093008-06 Approve a request for an additional City of Presidents statue location on the southeast corner of Sixth Street and St. Joseph Street; and authorize staff to revise the agreements

Legal & Finance Committee Consent Items

10.              No. LF100108-01 Confirm appointment of Gerald Austin (Fire Code Board Chair), Bob Brandt (DARB Chair), John Herr (Business Owner/DARB), Tim Cheever (Architect), Tom Jaros (Former Fire Chief/VoTech Instructor), Matt Ham (Member of Fire Code Board), Tim Behlings (Fire Inspector), Dave St. Pierre (Code Consultant), and Lloyd LaCroix (Council Member) to the Fire Sprinkler Review Committee

11.              No. LF100108-02 Confirm appointment of Wade Nyberg as Assistant City Attorney II

12.              No. LF100108-21 Confirm appointment of Wade Rhodes to the RSVP Advisory Council for a three year term

13.              No. LF100108-03 Acknowledge Capital Improvements Program Committee monthly update for September 2008

14.              No. LF100108-04 Approve the Capital Plan for Streets, Drainage, MIP Projects for September 2008

15.              No. LF100108-05 Approve 2008 Parks and Recreation CIP Funds Reallocation to fund construction of the Vickie Powers Park and provide a match for a South Dakota Recreation Trails Program Grant

16.              Request staff to review the 40 unit rule and bring forward a report to the November 25, 2008, Public Works Committee meeting

17.              Acknowledge report on Rapid City Economic Development by Alderman Karen Olson

18.              Approve a request by the City of Rapid City to apply for a United States Tennis Association Public Courts Grant in the amount of $50,000 for Parkview Tennis Courts

19.              No. LF100108-23 - Approve Event Permit for Red Ribbon Parade on October 18, 2008

20.              No. LF091008-03 Authorize Mayor and Finance Officer to sign the Agreement with PLM Development, LLC to Allow for Acceptance of Public Improvements Before the Completion of Sidewalks for Lots 1A thru 15B, Block 1 (with the exception of 10A and 10B); Lots 3A thru 16B, 19A and 19B, Block 2; Lots 1 thru 6, Block 3; all in PLM Subdivision

21.              Request the Mayor to appoint a committee to work through the process with Soccer Rapid City and bring those names back to the October 15, 2008, Legal and Finance Committee meeting

22.              No. 08TP025 Authorize staff to seek Request for Proposals for the preparation of the Chapel Valley Access Traffic Analysis, Route Alignment Study and Environmental Assessment

23.              No. 08TP026 Authorize staff to seek Request for Proposals for the Preparation of the Rapid City Area Metropolitan Planning Organization Long Range Transportation Research Study and Long Range Transportation Plan Update

24.              No. LF100108-19 Authorize Mayor and Finance Officer to sign the International Code Council Letter of Agreement for the 2006 IMC and IFGC Update Seminar to be held in Rapid City on November 7, 2008 in an amount not to exceed $3,580

25.              No. LF100108-20 Approve the Corrected Resolution Renaming a Portion of West Main Street to Pinedale Ridge Road

26.              Acknowledge the following volunteer for workmens compensation purposes: Walter F. Seales Jr.

27.              No LF100108-07 Approve Resolution to Add an Additional FTE in the Finance Office

28.              No. LF100108-09 Approve Resolution Declaring Property Surplus

29.              No. LF100108-22 Authorize Mayor and Finance Officer to sign Procurement Card

30.              No. LF073008-59A Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Forensic Chemist

31.              No. LF100108-10 Approve Travel Request for Angela Tallon to attend ESRI Data Management in the Multiuser Geodatabase Class and ESRI ArcGIS Server Enterprise Class in Broomfield, CO, December 7-13, 2008, in the approximate amount of $3,651.09

32.              No. LF100108-11 Authorize Mayor and Finance Officer to Sign Contract for Fiscal Year 2008 Community Development Block Grant Sub-Recipients-Salvation Army

33.              No. LF100108-14 Approve Grant Application for Federal Assistance SF-424 for Canyon Lake Dam Restoration

34.              No. LF100108-18 Acknowledge Raffle Request from Western Resources for Disabled Independence

35.              Approve the following licenses: Plumbing Apprentice: Dan Stinson; Plumbing Plumber: Jon Schiel; Plumbing Contractor: David Kerr, H2O Plumbing & Heating Inc.

Growth Management Department Consent Items

36.              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 portions of 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.

37.              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.

38.              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.

39.              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.

40.              No. 08PL122 - A request by Mary Klozenbucher for Western Area Power Administration for a Layout Plat on Lot 6 of SSJE Subdivision, located in the SW1/4 of the SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted portion of the SW1/4 of the SW1/4, Section 32 and a portion of the remaining balance of Lot A of D.D.E. Subdivision, located in the SW1/4 of the SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Jess Street and east of Kermit Lane.

41.              No. 08PL123 - A request by Henriksen, Inc. for Oliver A. Freimark for a Layout Plat on Lots A, B, C, D, E of Block 1, Lots 1 thru 7 of Block 2, Lots 1 thru 13 of Block 3, Lots 1 thru 16 of Block 4, Lots 1 thru 14 of Block 5, Lots 1 thru 13 of Block 6, Lots 1 thru 12 of Block 7, Lots 1 thru 7 of Block 8 of F-H Spring Creek Estates Subdivision, all in Government Lot 2 of the N1/2 of the SE1/4 and in the N1/2 of the S1/2 of the SE1/4 of Section 3, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Tracts B, C, D and F and Lot 4 of Tract E and Lot 1 in Tract D and in the NE1/4 SE1/4 and the NE1/4 SE1/4 and the N1/2 of the SE1/4 of the SE1/4, all in Government Lot 2 of the N1/2 of the SE1/4 and in the N1/2 of the S1/2 of the SE1/4 of Section 3, T1S, R7E, BHM, Pennington County, South Dakota, located at 8800 South Highway 16.

42.              No. 08PL125 - A request by Ferber Engineering Co., Inc. for FMLC, Inc. for a Layout Plat on Lots 1 and 2 of Block 5 of East Mall Business Center Subdivision and dedicated public right-of-way for East North Street, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 north of Interstate 90 less Tract A of the NE SE and less lots H5, H6, H7, H8 and H9 but including that part of vacated East Mall Drive being part of the outside edge of Lot H5; and part of the SW north of Interstate 90 including vacated East Mall Drive within said SW and less Lot 1 of NE SW and less Lots 1 and 2 of NW SW and less Lot H5 and less lot H8; and part of Lot 1 of the NE SW including vacated East Mall Drive within said Lot 1 and less Lot H7; and part of NW including vacated East Mall Drive within said NW less Lots AR, B, C and less E NE NW and less E NW NE NW and less Lots H2 and H4; and part of Lot C of NW less Lot H3 and less Lot H1; and part of Lot 1 of Silver Strike Subdivision; and all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of East North Street and East Mall Drive.

43.              No. 08PL126 - A request by Ferber Engineering Co., Inc. for FMLC, Inc. for a Layout Plat on a portion of the SE1/4 north of Interstate 90 less Tract A of the NE1/4 SE1/4 and less Lots H5, H6, H7, H8 and H9 but including that part of vacated East Mall Drive being part of the outside edge of Lot H5, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of East North Street and East Mall Drive.

44.              No. 08PL127 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 4 of Block 1, Lots 1 thru 7 of Block 2, Lots 1 and 2 of Block 3, Lots 1 and 2 of Block 4, Lots 1 thru 36 of Block 5, Lots 1 thru 39 of Block 6, Lots 1 thru 29 of Block 7, Lots 1 thru 21 of Block 8, Drainage Lot 1, Elks Crossing, all located in the SW1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance located in the SW1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and south of Existing Plum Creek Development.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS Items 45 - 52

Public Comment opened Items 45 - 52

Public Comment closed

Ordinances

45.              No. 08OA009 First Reading, Ordinance No. 5428 to Allow Lockable Covers to Prevent Access to Private Pools by Amending Subsection 17.50.320(A)(3) of the Rapid City Municipal Code

46.              No. 08RZ034 - First Reading, Ordinance No. 5430, 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 Roy Burr for a Rezoning from General Agriculture District to Low Density Residential Distsrict on Lot 8 of Block 2 of Villaggio at Golden Eagle, located in a portion of the W of the NW of the SE, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W of the NW of the SE1/4 of Section 22, located in the W of the NW of the SE, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northwest corner of Lot 5 of Block 2 the Villaggio at Golden Eagle, common to Lot 6 of Block 2 of the Villaggio at Golden Eagle, each located in the E of the NW of the SE, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence, first course: S000813E, along the westerly boundary of Lot 5 of Block 2 of the Villaggio at Golden Eagle, a distance of 95.12 feet; Thence, second course: S613829W, along the westerly boundary of Lot 4R of Block 2 of the Villaggio at Golden Eagle, a distance of 200.00 feet; Thence, third course: S895147W, a distance of 174.00 feet; Thence, fourth course: N000813W, a distance of 592.45 feet; Thence, fifth course: S565957E, a distance of 314.65 feet; Thence, sixth course: N855049E, a distance of 87.08 feet; Thence, seventh course: S000439E, along the westerly boundary of Lot 7 of Block 2 of the Villaggio at Golden Eagle, a distance of 112.55 feet; Thence, eighth course: S000813E, along the westerly boundary of Lot 7 of Block 2 of the Villaggio at Golden Eagle, a distance of 19.96 feet; Thence, ninth course: S000813E, along the westerly boundary of Lot 6 of Block 2 of the Villaggio at Golden Eagle, a distance of 104.33 feet, to the northwest corner of Lot 5 of Block 2 the Villaggio at Golden Eagle, and the Point of Beginning, located north of Catron Boulevard and west of Golden Eagle Drive.

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

Growth Management Department Items

Legal & Finance Committee Items

48.              No. LF100108-12 Authorize Mayor and Finance Officer to sign Agreement with Azteca Corporation for Cityworks Enterprise License Agreement

49.              No. LF100108-13 Authorize Mayor and Finance Officer to sign Agreement with Azteca Corporation for Implementation of Permitting

50.              No. LF100108-17 Authorize Mayor and Finance Officer to sign Real Estate Purchase Agreement with Rimrock Estates, LLC

Public Works Committee Items

Bids

51.              No. CC100608-02 East Nebraska Street Drainage Improvements Project DR07-1665 / CIP No. 50684 (opened on September 30, 2008)

Mayors Items

Council Items & Liaison Reports

Reconsideration Notices

Motion for Delivery of Items from Committee

Staff Items

52.              No. CC100608-03 Vision 2012 Update, Public Works Director Ellis

Appeals

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP Committee Items

PUBLIC HEARING ITEMS Items 53 86

Open Public Hearing (comment) -- Items 53 86

CONTINUED PUBLIC HEARING CONSENT ITEMS Items 53 - 77

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

Continue the following items until October 20, 2008:

53.              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.

54.              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.

55.              No. 08CA027 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to incorporate the City of Rapid City's Regional Airport Master Plan Update (May 2008).

56.              No. 08CA031 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the future land use designation from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on a portion of Tract B of Rushmore Center, located in the SE, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly corner of Tract B of Rushmore Center, common to the southeasterly corner of Tract G of Rushmore Crossing, common to a point on the westerly edge of right-of-way of Luna Avenue, and the point of beginning. Thence, first 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 464.00 feet, a delta angle of 170058, a length of 137.80 feet, a chord bearing of S114603E, and chord distance of 137.30 feet, to a corner of said Tract B, common to a corner on the westerly edge of said Luna Avenue right-of-way; Thence, second course: N864426E, along the easterly boundary of said Tract B, common to the westerly edge of right-of-way of said Luna Avenue right-of-way, a distance of 12.00 feet, to a corner of said Tract B, common to a corner on the westerly edge of said Luna Avenue right-of-way; Thence, third 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 032522, a length of 28.44 feet, a chord bearing of S013253E, and chord distance of 28.43 feet; Thence, fourth course: S000948W, 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, fifth 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 014809, a length of 61.97 feet, a chord bearing of S010352W, and chord distance of 61.97 feet; Thence, sixth course: S015756W, along the easterly boundary of said Tract B, common to the westerly edge of said Luna Avenue right-of-way, a distance of 23.04 feet; Thence, seventh course: N895325W, a distance of 192.65 feet; Thence, eighth course: N000119W, a distance of 909.25 feet; Thence, ninth course: N275029W, a distance of 175.08 feet to a point on the northerly boundary of said Tract B, common to a point on the southerly boundary of said Tract G; Thence, tenth course: S894536E, along the northerly boundary of said Tract B, common to the southerly boundary of said Tract G, a distance of 238.28 feet to the northeasterly corner of said Tract B, common to the southeasterly corner of said Tract G, common to a point on the westerly edge of right-of-way of said Luna Avenue, and the point of beginning, 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.

57.              No. 08CA032 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the Future Land Use Designation from Medium Density Residential to General Commercial with a Planned Commercial Development on Tract A and a portion of Tract B of Rushmore Center, located in the SE, 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: S894536E, along the northerly boundary of said Tract B, common to the southerly boundary of said Tract G, a distance of 36.69 feet; Thence, second course: S275029E, a distance of 175.08 feet; Thence, third course: S000119E, a distance of 909.25 feet; Thence, fourth course: S895230W, a distance of 121.62, to a point on the westerly boundary of said Tract B, common to a point on the easterly boundary of Lot A of Lot 5R of Meridian Subdivision; Thence, fifth course: N000906E, along the westerly boundary of said Tract B, common to the easterly boundary of said Lot A of Lot 5R, a distance of 583.94 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, sixth course: N000906E, 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 southwest of the intersection of Eglin Street and Luna Avenue.

58.              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.

59.              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.

60.              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.

61.              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.

62.              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.

63.              No. 08PL099 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 1 thru 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.

64.              No. 08PL112 - A request by Renner & Associates for Vern Osterloo for a Preliminary Plat on Tracts H and I of Regional Hospital Addition, located in the SW1/4, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as vacated Third Street Right-of-way, Tracts AR-1 thru AR-6, Tract B and Tract E of Regional Hospital Addition, and a part of the unplatted portion of the SE1/4 SW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Fifth Street and Fairmont Boulevard.

65.              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.

66.              No. 08RZ031 - Second 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 SE, 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: N895044W, 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: N000119W, a distance of 1281.72 feet; Thence, third course: S892505E, 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 004545, a length of 6.34 feet, a chord bearing of S001305E, and chord distance of 6.34 feet; Thence, fifth course: S000948W, 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 014809, a length of 61.97 feet, a chord bearing of S010352W, and chord distance of 61.97 feet; Thence, seventh course: S015756W, 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: S460336W, 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.

67.              No. 08RZ032 - Second 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.

68.              No. 08RZ033 - Second 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 SE, 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: S894536E, 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: S000119E, a distance of 1436.19 feet, to a point on the northerly edge of right-of-way of Anamosa Street; Thence, third course: N895044W, 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: N000906E, 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: N000906E, 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.

69.              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.

70.              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.

71.              No. 08SV042 - A request by Renner & Associates for Vern Osterloo for a Variance to the Subdivision Regulations to waive the requirement to install sewer along a portion of Fifth Street and Elk Street and to install sidewalk along Third Street as per Chapter 16.16 of the Rapid City Municipal Code on Tracts H and I of Regional Hospital Addition, located in the SW1/4, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as vacated Third Street Right-of-way, Tracts AR-1 thru AR-6, Tract B and Tract E of Regional Hospital Addition, and a part of the unplatted portion of the SE1/4 SW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Fifth Street and Fairmont Boulevard.

Continue the following items until November 3, 2008:

72.              No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of Section Line Highway on that portion of the statutory Section Line Right-of-Way lying in the NE1/4, SE1/4, Section 13, T2N, R7E, and that portion of the statutory Section Line Right-of-Way, lying in Tract 5, Sletten Addition, located in the NW1/4, SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the north to east curve of West Nike Road.

73.              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.

74.              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.

75.              No. 08PL113 - A request by Sperlich Consulting, Inc. for Roy Burr for a Preliminary Plat on Lot 8 of Block 2 of the Villaggio at Golden Eagle, located in the W1/2 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5617 Villaggio Lane.

76.              No. 08PL124 - A request by CETEC Engineering Services, Inc. for OS Development, Inc. for a Preliminary Plat on Lot 1 of Block 1, Lot 1 of Block 2, Lots 1 thru 40 of Block 3, Lots 1 thru 7 of Block 4, Lots 1 thru 10 of Block 5, Lots 1 thru 6 of Block 6, Lots 1 thru 12 of Block 7, Lots 1 thru 8 of Block 8, Lots 1 thru 10 of Block 9, Tracts A and B and the dedicated public Right-of-way, located in the SW1/4 NE1/4, SE1/4 NE1/4, SE1/4, Section 22 and the NE1/4 NE1/4, SE1/4 NE1/4, SW1/4 NE1/4, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the SW NE, SE NE, SE of Section 22 and the NE NE, of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East Corner of said Section 22, said point being monumented with a nail in the surface of the asphalt of Reservoir Rd and having two reference monuments consisting of a brass cap and iron pipe, one bears N405323W 46.84 feet, the second bears S422855W 47.86 feet; Thence S110140W 211.80 feet the True Point of Beginning, said point is on the westerly Right-of-Way line of said Reservoir Rd; Thence N882056W 42.22 feet to the beginning of a curve concave to the northeast having a radius of 454.00 feet; Thence along said curve a distance of 240.79 feet to the beginning point of a reverse curve having a radius of 666.00 feet; Thence along said curve a distance of 763.21 feet to a point; Thence N421521W 103.29 feet to the beginning of a curve concave to the northeast having a radius of 740.00 feet; Thence along said curve a distance of 109.90 feet to a point; Thence N040119W 212.28 feet to a point; Thence S554542W 75.36 feet to a point; Thence N865321W 134.46 feet to a point; Thence S102124E 98.19 feet to a point; Thence S350610W 63.00 feet to a point; Thence S462105E 109.89 feet to a the beginning of a non-tangent curve concave to the southwest having a radius of 936.00 feet and a chord bearing of S451435E; Thence along said curve a distance of 97.60 feet to a point; Thence S421521E 82.00 feet to a point; Thence S474439W 267.00 feet to a point; Thence S421521E 318.00 feet to the beginning of a curve concave to the southwest having a radius of 669.00 feet; Thence along said curve a distance of 415.25 feet to a point; Thence S042754E 52.00 feet to the beginning of a non-tangent curve concave to the west having a radius of 669.00 feet and a chord bearing of S000426E; Thence along said curve a distance of 50.53 feet to a point; Thence S020522W 618.45 feet to a point; Thence N875438W 157.00 feet to a point; Thence S020522W 82.00 feet to a point; Thence S470522W 14.14 feet to a point; Thence N875438W 95.00 feet to a point; Thence S020522W 89.55 feet to the beginning of a curve concave to the northwest having a radius of 407.00 feet; Thence along said curve a distance of 283.67 feet to a point; Thence S420134W 129.91 feet to a point; Thence S474439W 76.00 feet to a point; Thence S421521E 25.35 feet to the beginning of a curve concave to the northeast having a radius of 1238.00 feet; Thence along said curve a distance of 692.63 to a point; Thence S320522W 61.42 feet to the beginning of a curve concave to the northwest having a radius of 2060.00 feet; Thence along said curve a distance of 464.18 feet to a point; Thence S450000W 183.94 feet to a point; Thence S450000E 172.00 feet to a point; Thence N450000E 86.99 feet to a point; Thence S900000E 14.14 feet to a point; Thence S450000E 100.00 feet to a point; Thence N450000E 478.38 feet to a point; Thence S641257E 223.55 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 254.00 feet and a chord bearing of S282735E; Thence along said curve a distance of 263.73 feet to a point; Thence S884249E 120.00 feet to the beginning of a non-tangent curve concave to the west having a radius of 374.00 feet and a chord bearing of S013845W; Thence along said curve a distance of 4.69 feet to a point; Thence S020019W 29.40 feet to a point; Thence S875941E 199.00 feet to a point along the westerly Right-of-Way line of said Reservoir Road; Thence N020019E 678.41 feet along said Right-of-Way where it intersects the South line of the Southeast quarter of said Section 22, from which the Southeast corner of said section 22 bears S882749E 33.00 feet, said point being monumented with an iron rod below the surface of the asphalt; Thence N020351E 38.00 along the Right-of-Way of said Reservoir Rd to a point; Thence N882748W 515.70 feet to the beginning of a curve concave to the northeast having a radius of 1162.00 feet; Thence along said curve a distance of 264.57 feet to a point; Thence N320522E 194.31 feet to the beginning of a curve concave to the northwest having a radius of 1066.00 feet; Thence along said curve a distance of 465.06 feet to a point; Thence S875654E 23.94 feet to the southwest corner of Tract 1 of the Bradeen Subdivision, said point being monumented with an iron rod and cap stamped Cetec Eng LS 4725; Thence N020522E 986.42 feet along the west line of said Tract 1 to the beginning of a non-tangent curve concave to the southwest having a radius of 1014.96 feet and a chord bearing N222038W said point is also the northwest corner of said Tract 1 and being monumented with an iron rod and cap stamped Cetec Eng LS 4725; Thence along said curve a distance of 695.42 feet to a point; Thence N420311W 203.20 feet to a point; Thence N412628W 12.09 feet to the beginning of a non-tangent curve concave to the south having a radius of 613.96 feet and a chord bearing of S895942E; Thence along said curve a distance of 686.58 feet to the beginning point of a reverse curve having a radius of 506.00 feet; Thence along said curve a distance of 268.36 feet to a point; Thence S882056E 41.85 feet to a point on the westerly Right-of-Way line of said Section 22; Thence N020351E 52.00 feet along said Right-of-Way line to the True Point of Beginning, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Reservoir Road and south of the intersection of S.D. Highway 44 and Reservoir Road.

Continue the following item until December 15, 2008:

77.              No. 07RD007 - A request by Dream Design International for a Road Name Change from Sammis Trail to Moon Meadows Drive on the S1/2 NW1/4, S1/2 NE1/4, N1/2 SW1/4, N1/2 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of South Highway16 and south of Sammis Trail.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 53 86

CONSENT PUBLIC HEARING ITEMS Items 78 - 84

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

Growth Management Items

Alcohol Licenses

78.              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

79.              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

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

81.              Uncorkd Wine and Tapas Bar, LLC dba Uncorkd Wine and Tapas Bar, 5734 Sheridan Lake Road, Suite 107 for Retail (On-Off Sale) Wine License

Assessment Rolls

82.              No. LF091008-05 - Resolution Levying Assessment for Cleanup of Miscellaneous Property

83.              No. PW090908-01 - Resolution Levying Assessment for Enchanted Pines Drive Water Main Extension, Phase Ii Project No. W07-1669

Other Items Requiring Public Hearings

84.              No. PW082608-08 - Resolution Of Necessity For Sewer Extension, Block 110 Original Townsite (East Boulevard, Kansas City To Quincy) Project No. SS08-1752 / CIP No. 50742

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS Items 85 - 86

85.              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.

86.              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.

BILLS

87.              No. CC100608-01 Bill List for October 6, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN