Home Search Options Contact Us

ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.

Please remember to turn all cellular phones off or to vibrate when entering the council chambers.

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

October 20, 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 October 6, 2008, and special Council for September 29, 2008, September 30, 2008, October 14, 2008 and October 15, 2008

AWARDS AND RECOGNITIONS

1.           Veteran of the Month

2.           Employee Recognition and Award

3.           Administer the Loyalty Oath to new Assistant City Attorney, Wade Nyberg

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 4 - 77

Public Comment opened – Items 4 - 62

Public Comment closed

CONSENT ITEMS – Items 4 - 62

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 (November 3, 2008)

4.           ERJ Dining IV, LLC dba Chili’s Grill and Bar, 2125 Haines Avenue for a Retail (On-Sale) Liquor License with Sunday Operation TRANSFER from Brinker Restaurant Corporation dba Chili’s Grill and Bar, 2125 Haines Avenue

5.           Big Horn Holdings, LLC dba The Black Hills Store, 2200 N. Maple Avenue, KIOSK Location for a Package (Off-Sale) Malt Beverage and SD Farm Wine, not eligible for video lottery

6.           Big Horn Holdings, LLC dba The Black Hills Store, 2200 N. Maple Avenue, Space No. 316 for a Package (Off-Sale) Malt Beverage and SD Farm Wine, not eligible for video lottery

7.           Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled November 14, 2008 at Dahl Arts Center, 713 Seventh Street

8.           Rapid City Fine Arts Center, Inc. for a special Beer and Wine License for an event scheduled January 17, 2009 at Dahl Arts Center, 713 Seventh Street

Public Works Committee Consent Items

9.           Approve change of the November 11, 2008 Public Works Committee meeting to Wednesday, November 12, 2008 at 1:30 p.m. or immediately following the Legal/Finance Committee meeting

10.       No. PW101408-01 – Approve Change Order No. 1 for Canyon Lake Maintenance Shop Project No. GB08-1714 to SECO Construction, Inc. for an increase of $2,993.00

11.       No. PW101408-02 – Approve Change Order No. 1 for Secondary Digester Cover and Gas Mixing Equipment Replacement Project No. WRF07-1549A to Heavy Constructors, Inc. for an increase of $999.70

12.       No. PW101408-09 – Approve Change Order No. 1F for Fifth Street Parking Project No. IDP08-1737 / CIP No. 50734 to Hills Materials Company for an increase of $4,729.28

13.       No. PW101408-10 – Approve Change Order No. 2 for 2008 Street Rehabilitation (Various Locations) Project No. ST08-1721 / CIP No. 50549 to J & J Asphalt Company for a decrease of $30,190.59

14.       No. PW101408-11 – Approve Change Order No. 2F for Byrnwood Area Street Project No. ST06-1706 / CIP No. 50721 to Simon Contractors of South Dakota, Inc. for decrease of $8,509.30

15.       No. PW101408-12 – Approve Change Order No. 1F for Asphalt Paving Repair at Materials Recovery Facility / Co-Compost Plant, Project No. SWO08-1733 / CIP No. 50731 to Hills Materials Company for an increase of $4,047.78

16.       No. PW101408-13 – Approve Change Order No. 2 for 43rd Court Water Main Reconstruction Project No. ST06-1529 / CIP No. 50606 to Simon Contractors of SD, Inc. for an increase of $32,679.72

17.       No. PW101408-14 – Approve Change Order No. 2 for East Highway 44 Utilities Reconstruction Project No. SSW05-1469 / CIP No. 50479 to Heavy Constructors, Inc. for an increase of $2,216.26

18.       No. PW101408-16 – Approve Change Order No. 1 for Saint Andrew Street Reconstruction Project No. ST07-1604 / CIP No. 50410 to Shovelhead Excavating, Inc. for an increase of $15,642.00

19.       No. PW101408-07 – Authorize Staff to Advertise for Bids for one new Automated Solid Waste Collection Truck

20.       No. PW101408-18 – Authorize Mayor and Finance Officer to sign Addendum No. 1 to a Professional Services Agreement with Ferber Engineering Company, Inc. for wetland mitigation monitoring for the East Mall Drive Connection Project No. ST06-1334b / CIP No. 50521 in the amount of $14,500

21.       No. PW101408-03 – Authorize Mayor and Finance Officer to sign Amendment No. 1 to a Professional Services Agreement with CETEC Engineering Services, Inc. for Well No. 12 and Stoney Creek Booster Station Project No. W03-953 / CIP No. 50318 in the amount of $25,337.50

22.       No. PW101408-04 – Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Ferber Engineering Company, Inc. for Universal Drive Reconstruction Project No. ST08-1701 in the amount of $14,790

23.       No. PW101408-05 - Authorize staff to seek proposals for design and construction administration services for the Main Fire Station No. 1 (10 Main Street) Project No. FD08-1766

24.       No. PW101408-06 – Authorize staff to negotiate a consultant agreement with Baffuto Architectura for the Design and Construction Administration of Fire Station No. 7 Project No. FD08-1767

25.       No. PW101408-08 – Approve a resolution fixing time and place for hearing on November 17, 2008 for the assessment roll for Sidewalks Improvements Project No. SWK08-1695

26.       No. PW101408-15 – Authorize staff to seek proposals for engineering services for the West Chicago Area Watermain Reconstruction Project W08-1763 / CIP #50282

27.       No. 08RD003 - Approve a request by City of Rapid City to consider an application for a Resolution for Road Name Change from South Highway 79 Service Road to Bridge View Drive on Right-of Way lying adjacent to Lot 12 Less Lot H-1, Lot 11 Less Lot H1, Lot 10 Less Lot H1, Lot 9 Less, Lot H-1, Lot 8 Less Lot H1, Lot 7 Less Lot H1, Lot 6 Less Lot H1, Lot 5 Less Lot H1, Lot 4 Less Lot H1, Lot 3 Less Lot H1, Lot 1 Less Lot H1; Lot 2 Less Lot H1 all of Block 1; Lot 1, Lot 2, Lot 3a of Lot 3, Lot 3b of Lot 3 Less Lot H1, Lot 4R Less Lot H1 all of Polar Bear Subdivision; and the West 650 feet of East 700 feet of the South 372.5 feet of NE¼ SE¼, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located adjacent to South S.D. Highway 79 and East St. Joseph Street and east of Wilma Street.

28.       No. 08TP027 – Approve the Draft 2009 Unified Planning Work Program for the Rapid City Area Metropolitan Planning Organization

29.       No. 08TP028 - Authorize Mayor and Finance Officer to Sign a No Cost, Time Extension with Kadrmas Lee & Jackson to March 31, 2009 for the Mount Rushmore Road Central Corridor Analysis

30.       No. 08TP029 - Authorize Mayor and Finance Officer to Sign a No Cost, Time Extension with HDR Engineering, Inc. to December 31, 2008 for the Sheridan Lake Road, Jackson Boulevard to Deadwood Avenue Traffic Analysis and Route Alignment Study

31.       No. 08TP030 – Authorize Mayor and Finance Officer to Sign a No Cost, Time Extension with SRF Consulting Group, Inc. to December 31, 2008 for the 2009 – 2013 Transit Development Plan

Legal & Finance Committee Consent Items

32.       No. LF101508-01 – Confirm appointment of Blaise Emerson to the Solid Waste Sub-Committee at the request of Public Works Director Robert Ellis

33.       No. LF101508-02 – Confirm reappointment of Bob Riggio (Three Year Term), appointment of Bill Waugh (Three Year Term), and appointment of Clint Allen (Two Year Term) to the Air Quality Board

34.       No. LF101508-03 – Confirm appointment of Rich Dunkelberger to serve an unexpired term and Josh Uhre and Diane Heinis to serve a three year term on the BID Board

35.       No. LF101508-04 – Confirm appointment of Brian Pitts, Frank Bettmann, Joan Martin, Malcom Chapman, Ron Weifenbach, Bill Okrepkie, Karen Bulman, Rod Johnson, and Dale Tech with a recommendation of an additional person to be appointed from the Rapid City Youth Soccer League to the committee to work with Soccer Rapid City

36.       Request the Mayor’s office to call the Council member requesting information and let them know the information is available

37.       Request staff to draft an ordinance to implement the administrative approval of business licenses

38.       Acknowledge report on Economic Development

39.       No. LF101508-05 – Approve Travel Request for Michaela Schanz to attend Introduction to Fingerprint Identification in St. Paul, MN, November 16-22, 2008 in the approximate amount of $1,496.95

40.       No. LF101508-06 – Approve Travel Request for Steve Allender and approximately 35 members of the Police Department to attend Annual Goals Meeting at the Rushmore Plaza Civic Center January 7-9, 2009 in the approximate amount of $500

41.       No. LF101508-07 – Authorize Mayor and Finance Officer to sign Second Revised Memorandum of Agreement with the City of Presidents Foundation to Allow Additional Sculpture Locations

42.       No. LF071608-02 - Request the Mayor create a small task force to look at all the recommendations that have come forward regarding the Downtown Parking Plan and to come forward with a recommendation

43.       No. LF101508-11 – Authorize Mayor and Finance Officer to sign Revised Agreement with Fisher Beverage, Inc. for the Completion of Landscaping Site Improvements for the Issuance of a Certificate of Occupancy

44.       Acknowledge the following volunteer for workmen’s compensation purposes: Dustin Boettcher

45.       No. LF100108-08 – Authorize Mayor and Finance Officer to sign the Agreement for Professional Services for the City of Rapid City and the Rushmore Plaza Civic Center By and Between the City of Rapid City and the Rapid City Area Chamber of Commerce

46.       No. LF101508-13 – Approve Travel Request for Keith L’Esperance to attend National Public Risk Management Conference in Dallas, TX, May 30-June 4, 2009, in the approximate amount of $1,925

47.       No. LF101508-15 – Authorize Mayor and Finance Officer to sign Contract for Wellness Screening Services with Rapid City Regional Hospital, Inc.

48.       No. LF101508-16 - Authorize Mayor and Finance Officer to sign Amendment to the Administrative Services Agreement for Plan Number 301875 to Add Blue Line 457 Plan to the City’s ICMA 457 Plan

49.       No. LF101508-17 – Authorize Mayor and Finance Officer to sign Professional Services Contract with Latitude Geographics Group Ltd.

50.       No. LF101508-18 – Approve Travel Request for Stacey Titus and John Wagner to Conduct Water Treatment Plant Membrane Filter Evaluations in Denver, CO, October 28-30, 2008 in the approximate amount of $1,528 as part of the Professional Services Contract with Burns & McDonnell

51.       No. LF101508-26 - Authorize Mayor and Finance Officer to sign an agreement with Simon Contractors of South Dakota, Inc. for PETT Building Parking Lot

52.       No. LF101508-19 – Approve Travel Request for James J. Walraven to attend the 2009 Golf Course Superintendents Association of America Education Conference and Golf Industry Show, February 2-7, 2009 in New Orleans, LA in the approximate amount of $1,544

53.       No. LF101508-20 – Approve Travel Request for Recreation Specialist Jeff Richardt to attend the National Executive Development School in Albuquerque, NM, December 3-6, 2008 in the approximate amount of $1,786

54.       No. LF101508-21 – Approve Travel Request for Mike Schad to attend the Government Civil Practice Course in Savannah, GA, December 7-11, 2008in the approximate amount of $2,735

55.       No. LF100108-16 – Authorize Mayor and Finance Officer to sign Second Amended Contract Between City of Rapid City and DTH, LLC for Private Development Tax Increment District Number 54

56.       No. LF100108-17 – Authorize Mayor and Finance Officer to sign Agreement Between City of Rapid City and DTH, LLC Regarding the Project Responsibilities and Project Cash Flow for the Construction of a Water Reservoir and Water Booster Station for Tax Increment District Number 54, Rainbow Ridge

57.       Acknowledge the report on City-Owned Property

58.       Approve the following licenses: Residential Contractor: Doug Kindle, Doug Kindle Construction; John Charlson, Wolf Creek Enterprises; Mike Keller, Mike Keller Construction; and Douglas Lloyd; Electrical Journeyman: Justin Wood; Mechanical Installer: Danny Hayes; Sewer and Water Journeyman: Tom Harmon, Heavy Constructors; Sewer and Water Journeyman: Richard Meyer, Heavy Constructors

Growth Management Department Consent Items

59.       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.

60.       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. 

61.       No. 08PL132 - A request by Sperlich Consulting, Inc. for Lifestyle Homes for a Preliminary Plat on Lots 54A and 54B of Village on the Green No. 2 Subdivision, located in the NW1/4 NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 54 of the Village on the Green No. 2 Subdivision, located in the NW1/4 NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, located adjacent to the south side of Muligan Mile.

62.       No. 08PL133 - A request by Fisk Land Surveying & Consulting Engineers for U Lazy Two, LLC for a Preliminary Plat on Lots 1 and 2 of U Lazy Two Ranch Estates Subdivision, located in the SW1/4 SE1/4, that portion of the SE1/4 SW1/4 lying north of Nemo Road and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the SW1/4 SE1/4, that portion of the SE1/4 SW1/4 lying north of Nemo Road and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located at 8970 Nemo Road.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS – Items 63 - 77

Public Comment opened – Items 63 - 77

Public Comment closed

Ordinances

63.       No. LF101508-14 – First Reading, Ordinance No. 5426 Regarding Supplemental Appropriation No. 3 for 2008

64.       No. LF101508-08 – First Reading, Ordinance No. 5429 Adopting the 2008 National Electric Code with Amendments by Amending Chapter 15.16 of the Rapid City Municipal Code

65.       No. 08OA010 – First Reading, Ordinance No. 5431 Adding Planned Developments as a Conditional Use in the General Agricultural Zoning District by Amending Section 17.34.030 of the Rapid City Municipal Code

66.       No. 08OA010 – First Reading, Ordinance No. 5432 to Permit a Planned Residential Development and Planned Development Designation in the General Agricultural Zoning District by Amending Section 17.50.080 of the Rapid City Municipal Code

67.       No. 08OA010 – First Reading, Ordinance No. 5433 to Permit a Planned Commercial Development and Planned Development Designation in the General Agricultural Zoning District by Amending Section 17.50.100 of the Rapid City Municipal Code

68.       No. 08OA011  - First Reading, Ordinance No. 5434 Adding the Installation of Curb and Gutter, Street Lights and Sidewalks on State Highways to the Subdivision Exceptions by Amending Section 16.24.015 of the Rapid City Municipal Code

69.       No. LF101508-09 – First Reading, Ordinance No. 5435 Amending Chapter 15.40 to Address Fences and Walls in the Airport Zoning District by Adding Section 15.40.045 to the Rapid City Municipal Code

70.       No. LF101508-10 – First Reading, Ordinance No. 5436 to Allow Electrified Fences and Barbed Wire Fencing in the Airport Zoning District by Amending Section 15.40.090 of the Rapid City Municipal Code

71.       No. 08RZ035 - First Reading, Ordinance No. 5437, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by TSP Three, Inc. for Black Hills Corporation for a Rezoning from General Agriculture District to Office Commercial District on the SW1/4 of the SW1/4, and that part of the NW1/4 of the SW1/4 lying south of Highway Right-of-way, less Lot H1, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Catron Boulevard and east of Tartan Court.

72.       No. 08RZ036 - First Reading, Ordinance No. 5438, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on a portion of Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at section corner common to Sections 15, 16, 21, and 22 T2N, R8E, BHM, and the point of beginning. Thence, first course: S00º04’09”E, along the section line common to Sections 21 and 22, a distance of 2648.28 feet, to the Section ¼ Corner common to Sections 21 and 22; Thence, second course: S00º04’09”E, along the section line common to Sections 21 and 22, a distance of 840.24 feet; Thence, third course: S89º55’51”W, a distance of 1099.64 feet; Thence, fourth course: N20º31’58”W, a distance of 434.44 feet; Thence, fifth course: N70º52’51”W, a distance of 905.89 feet; Thence, sixth course: N31º45’55”W, a distance of 1350.20 feet; Thence seventh course: N74º37’29”W, a distance of 1202.78 feet, to the southeasterly corner of Lot 2R of Beaird Subdivision; Thence eighth course: N00º00’14”E, along the easterly boundary of said Lot 2R, a distance of 297.17 feet, to the northeasterly corner of said Lot 2R, common to the southeasterly corner of Lot 1R of Beaird Subdivision; Thence ninth course: N00º01’25”E, along the easterly boundary of said Lot 1R, a distance of 994.83 feet, to the northeasterly corner of said Lot 1R; Thence tenth course: N00º04’36”E, a distance of 32.76 feet, to the W1/6 Corner common to Sections 16 and 21; Thence eleventh course: S89º55’24”E, along the section line common to Sections 16 and 21, a distance of 3974.60 feet, to the section corner common to Sections 15, 16, 21, and 22 T2N, R8E, BHM, and the point of beginning, located north of U.S. Interstate 90 and west of Elk Vale Road and a east of Dyess Avenue.

73.       No. 08RZ037 - First Reading, Ordinance No. 5439, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Light Industrial District on a portion of Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at section corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, and the point of beginning. Thence, first course: N00º02’15”W, along the section line common to Sections 20 and 21, a distance of 2650.74 feet, to the Section ¼ Corner common to Sections 20 and 21; Thence second course: N00º00’41”W, along the section line common to Sections 20 and 21, a distance of 1325.18 feet, to the north Section 1/16 Corner common to Sections 20 and 21; Thence third course: N89º59’19”E, a distance of 33.10 feet, to the southwesterly corner of Lot 3 of Beaird Subdivision; Thence forth course: S89º56’52”E, along the southerly boundary of said Lot 3 of Beaird Subdivision, a distance of 564.86 feet, to the southeasterly corner of said Lot 3 of Beaird Subdivision, common to a southerly corner of Lot 2R of Beaird Subdivision; Thence fifth course: S89º56’31”E, along the southerly boundary of said Lot 2R of Beaird Subdivision, a distance of 727.10 feet, to the southeasterly corner of said Lot 2R of Beaird Subdivision; Thence, sixth course: S74º37’29”E, a distance of 1202.78 feet; Thence, seventh course: S31º45’55”E, a distance of 1350.20 feet; Thence, eighth course: S70º52’51”E, a distance of 905.89 feet; Thence, ninth course: S20º31’58”E, a distance of 434.44 feet; Thence tenth course: N89º55’51”E, a distance of 1099.64 feet, to a point on the section line common to Sections 21, and 22; Thence eleventh course: S00º04’09”E, along the section line common to Sections 21 and 22, a distance of 418.04 feet; Thence, twelfth course: S89º55’51”W, a distance of 450.00 feet; Thence, thirteenth course: S00º07’41”E, a distance of 64.98 feet, to a point on the section 1/16 line; Thence, fourteenth course: N89º57’24”W, along the section 1/16 line a distance of 212.93 feet, to the section 1/64 line; Thence, fifteenth course: S00º03’47”E, along the section 1/64 line, a distance of 1324.19 feet, to a point on the section line common to Sections 21 and 28, common to a point on the northerly boundary of Lot 2, Block 2 of I-90 Heartland Business Park; Thence, sixteenth course: N89º58’46”W, along the section line common to Sections 21 and 28, common to the northerly boundary of said Lot 2, Block 2, a distance of 63.55 feet, to the southeasterly corner of Lot 6, Block 2 of I-90 Heartland Business Park; Thence, seventeenth course: N55º40’20”W, along the northeasterly boundary of said Lot 6,a distance of 878.48 feet, to a corner on the northerly boundary of said Lot 6; Thence, eighteenth course: N72º39’36”W, along the northerly boundary of said Lot 6, a distance of 162.98 feet, to a corner on the northerly boundary of said Lot 6; Thence nineteenth course: N89º58’06”W, along the northerly boundary of said Lot 6, a distance of 148.07 feet, to the northwesterly corner of said Lot 6, common to the northeasterly corner of Lot 7, Block 2 of I-90 Business Park; Thence twentieth course: N89º58’06”W, along the northerly boundary of said Lot 7, a distance of 221.93 feet, to the northwesterly corner of said Lot 7; Thence twenty-first course: S26º44’43”W, along the westerly boundary of said Lot 7, a distance of 333.04 feet, to the southwesterly corner of said Lot 7, common to the northwesterly corner of Lot 8, Block 2 of I-90 Heartland Business Park; Thence twenty-second course: S26º44’43”W, along the westerly boundary of said Lot 8, a distance of 275.39 feet, to the southwesterly corner of said Lot 8, common to the northwesterly corner of Lot 1, Block 7 of I-90 Heartland Business Park, common to the northeasterly corner of Lot 2, Block 7 of I-90 Heartland Business Park, common to a point on the section line common to Sections 21 and 28; Thence twenty-third course: N89º58’00”W, along the northerly boundary of said Lot 2, Block 7, common to the section line common to Sections 21 and 28, a distance of 400.61 feet, to the northwesterly corner of said Lot 2, Block 7, common to the Section ¼ Corner common to Sections 21 and 28; Thence twenty-fourth course: N89º58’52”W, along the section line common to Sections 21 and 28, a distance of 2651.70 feet, to the section corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, and the point of beginning, located north of U.S. Interstate 90, west of Elk Vale Road and east of Dyess Avenue.

Growth Management Department Items

Legal & Finance Committee Items

74.       No. LF101508-12 – Resolution to Establish Fee for On-Sale Full Service Restaurant Licenses

Public Works Committee Items

75.       No. PW101408-17 – Formal acceptance of a warranty deed to land on the south 464.64 feet of the SE1/4NW1/4NE1/4 of Section 21, the south 464.64 feet of the NE1/4NE1/4, less Lot H1 of Section 21 and the SE1/4NE1/4 of Section 21, all located in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of the intersection of County Road and Elk Vale Road a distance of approximately 850 feet on the east side of Elk Vale Road.

Bids

76.       No. CC102008-02.1 – Elk Vale Road Sanitary Trunk Sewer Extension Project No. SS07-1658 / CIP No. 50686 (opened October 14, 2008)

77.       No. CC102008-02.2 – One (1) 2009 ADA Accessible Trolley (opened October 15, 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 78 – 112

Open Public Hearing (comment) -- Items 78 – 112

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 78 - 100

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

Continue the following items until November 3, 2008:

78.       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.

79.       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.

80.       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.

81.       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.

82.       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.

83.       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.

84.       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.

85.       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.

86.       No. 08PL130 - A request by Britton Engineering & Land Surveying for Steve Wynia for a Preliminary Plat on Lots 9R and 10R of Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 9 and 10 of Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1410 Centre Street.

87.       No. 08PL131 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Preliminary Plat on Lot 1R and Lot 2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

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 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. 08RZ034 - Second 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 District on Lot 8 of Block 2 of Villaggio at Golden Eagle, located in a portion of the W½ of the NW¼ of the SE¼, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W½ of the NW¼ of the SE1/4 of Section 22, located in the W½ of the NW¼ of the SE¼, 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 E½ of the NW¼ of the SE¼, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence, first course: S00º08’13”E, 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: S61º38’29”W, 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: S89º51’47”W, a distance of 174.00 feet; Thence, fourth course:  N00º08’13”W, a distance of 592.45 feet; Thence, fifth course:  S56º59’57”E, a distance of 314.65 feet; Thence, sixth course:  N85º50’49”E, a distance of 87.08 feet; Thence, seventh course:  S00º04’39”E, 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:  S00º08’13”E, 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: S00º08’13”E, 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.

90.       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.

91.       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.

92.       No. 08SV046 - A request by Britton Engineering & Land Surveying for Steve Wynia for a Variance to the Subdivision Regulations to reduce the pavement width from 26 feet to 24 feet and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Centre Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 9R and 10R of Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 9 and 10 of Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1410 Centre Street.

93.       No. 08SV047 - A request by FourFront Design, Inc. for Rapid City Economic Development Foundation for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along East Anamosa Street and to waive the requirement to install sidewalk on Concourse Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R and Lot2 of Block 3 of Rushmore Business Park, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 3 and a portion of Government Lot 2, located in the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at the N¼ Corner of Section 4, Township 1 North, Range 8 East of the Black Hills Meridian, Pennington County, South Dakota; Thence S00º06’56”W along the Center 1/4 line of said Section 4 a distance of 124.10 feet to a point on the South Right-of-Way of East Anamosa Street, Thence N89º56’23”E along said South Right-of-Way of East Anamosa Street a distance of 142.23 feet to a point along said Right-of-Way to the point of beginning: Thence N89º57’20”E along said South Right-of-Way of East Anamosa Street a distance of 285.56 feet to the intersection of the South Right-of-Way of East Anamosa Street and the West Right-of-Way of Concourse Drive; thence S00º11’20”W along the West Right-of-Way of Concourse Drive a distance of 129.00 feet; thence continuing along the West Right-of-Way of Concourse Drive along a curve to the LEFT, having a radius of 562.00 feet, a delta angle of 13º19’37” and whose long chord bears S06º43’28”E a distance of 135.30 feet; thence continuing along the West Right-of-Way of Concourse Drive S13º38’17”E a distance of 668.79 feet; thence S76º22’04”W a distance of 265.23 feet; thence N13º37’01”W a distance of 439.18 feet; thence S76º22’37”W a distance of 60.35 feet; thence N13º37’23”W a distance 302.02 feet; thence N77º53’25”E a distance of 57.99 feet; thence N05º25’18”W a distance of 258.44 feet to the point of beginning, located at 333 Concourse Drive.

94.       No. 08SV049 - A request by Sperlich Consulting, Inc. for Roy Burr for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the 66 foot wide private drive and utility easement; to reduce the width of the access easement from 45 feet to 20 feet and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 8 of Block 2 of Villaggio at Golden Eagle, located in a portion of the W½ of the NW¼ of the SE¼, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W½ of the NW¼ of the SE1/4 of Section 22, located in the W½ of the NW¼ of the SE¼, 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 E½ of the NW¼ of the SE¼, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence, first course: S00º08’13”E, 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: S61º38’29”W, 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: S89º51’47”W, a distance of 174.00 feet; Thence, fourth course:  N00º08’13”W, a distance of 592.45 feet; Thence, fifth course:  S56º59’57”E, a distance of 314.65 feet; Thence, sixth course:  N85º50’49”E, a distance of 87.08 feet; Thence, seventh course:  S00º04’39”E, 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:  S00º08’13”E, 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: S00º08’13”E, 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.

Continue the following items until November 17, 2008:

95.       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.

96.       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.

97.       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.

98.       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.

99.       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.

Continue the following items until December 1, 2008:

100.   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).

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 78 – 112

CONSENT PUBLIC HEARING ITEMS – Items 101 - 103

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

Growth Management Items

Alcohol Licenses

101.   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) (CONTINUE HEARING TO NOVEMBER 3, 2008)

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

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

Assessment Rolls

Other Items Requiring Public Hearings

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 104 - 112

104.   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 SE¼, 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 17º00’58”, a length of 137.80 feet, a chord bearing of S11º46’03”E, 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: N86º44’26”E, 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 03º25’22”, a length of 28.44 feet, a chord bearing of S01º32’53”E, and chord distance of 28.43 feet; Thence, fourth 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, 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 01º48’09”, a length of 61.97 feet, a chord bearing of S01º03’52”W, and chord distance of 61.97 feet; Thence, sixth 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 23.04 feet; Thence, seventh course: N89º53’25”W, a distance of 192.65 feet; Thence, eighth course: N00º01’19”W, a distance of 909.25 feet; Thence, ninth course: N27º50’29”W, 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: S89º45’36”E, 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.

105.   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 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 36.69 feet; Thence, second course: S27º50’29”E, a distance of 175.08 feet; Thence, third course: S00º01’19”E, a distance of 909.25 feet; Thence, fourth course: S89º52’30”W, 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: 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 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: 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 southwest of the intersection of Eglin Street and Luna Avenue.

106.   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.

107.   No. 08SV048 - A request by Sperlich Consulting, Inc. for Lifestyle Homes for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and reduce pavement width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 54A and 54B of Village on the Green No. 2 Subdivision, located in the NW1/4 NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 54 of the Village on the Green No. 2 Subdivision, located in the NW1/4 NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, located adjacent to the south side of Mulligan Mile.

108.   Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, water, sewer and additional pavement along Nemo Road and to install curb, gutter, street light conduit, water, sewer and pavement along the section line highways as they abut a parcel of land located in the SW1/4 SE1/4, that portion of the SE1/4 SW1/4 lying north of Nemo Road and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located at 8970 Nemo Road. (08SV050)

109.   No. 08SV050 - A request by Fisk Land Surveying & Consulting Engineers for U Lazy Two, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk, water, sewer and pavement and to waive the requirement to dedicate right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of U Lazy Two Ranch Estates Subdivision, located in the SW1/4 SE1/4, that portion of the SE1/4 SW1/4 lying north of Nemo Road and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the SW1/4 SE1/4, that portion of the SE1/4 SW1/4 lying north of Nemo Road and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located at 8970 Nemo Road.

110.   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 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.

111.   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.

112.   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 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.

BILLS

113.   No. CC102008-01 – Bill List for October 20, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN