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

November 3, 2008 -- 7:00 P.M.

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

ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

ADOPTION OF AGENDA

APPROVE MINUTES for October 20, 2008, and special Council for October 27, 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. 

1.           Rapid City Public Library Board Update 

NON-PUBLIC HEARING ITEMS -- Items 2-84 

Public Comment opened – Items 2-54

Public Comment closed 

CONSENT ITEMS – Items 2-54 

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 17, 2008)

2.           South Dakota Vending, Inc. dba Happy Jacks Too, 909 St. Patrick St for a Retail (On-Off Sale) Malt Beverage License TRANSFER location only

 Public Works Committee Consent Items

3.           No. PW102808-01 – Continue the Transit Fare Increase and request Mayor to Establish Committee to Bring Back Recommendations on Fares and Extended Services to the Public Works Committee

4.           Waive Highway 16 Sewer Construction fee for Mr. Peterson, 3288 Sandstone Lane, Rapid City 

5.           No. PW102808-03 – Approve Change Order No. 1 Final for Rapid City Bus Storage Facility – Phase I, to J. Scull Construction Services, Inc., Project No. IDP07-1637, for an increase of $1,210.66

6.           No. PW102808-15 – Approve Change Order No. 1 Final for Rapid City Bus Storage Facility – Phase 2, to Gustafson Builders, Project No. IDP07-1637, for an increase of $14,140.20

7.           No. PW102808-16 – Approve Change Order No. 3 for Anamosa Street Reconstruction - Phase 1, Milwaukee Street to LaCrosse Street, to Hills Materials Company, Project No. SSW05-1471 / CIP No. 50518 / P1648(00), PCN H020,  for a decrease of $48,624.83

8.           No. PW102808-17 – Approve Change Order No. 1F for 2008 Street Painting Contract, to Traffic Services Company LLC, Project No. PM08-1696 / CIP No. 50594, for a decrease of $7,815.30

9.           No. PW102808-19 – Approve Change Order No. 1 for North Maple and East Disk Drive Intersection Reconstruction, to Heavy Constructors, Inc., Project No. ST08-1700 / CIP No. 50702, for an increase of $4,495.17

10.       No. PW102808-22 – Approve Change Order No. 1 for Meade Street Reconstruction - Phase 2 Project No. DR03-1333C / CIP No. 50416 to Heavy Constructors, Inc. for a decrease of $2,299.00

11.       No. PW102808-02 – Authorize Staff to Advertise for Bids for Rand Road Drainage Channel Repair & Improvements – Estimated Cost of Project:  $75,000

12.       No. PW102808-05 – Authorize Staff to Advertise for Bids for North Glen Place Drainage Improvements – Estimated Cost of Project:  $40,000

13.       No. PW102808-08 – Authorize Staff to Advertise for Bids for Water Meter Transceiver Unit (MXU) – Estimated Cost of Project:  $324,000

14.       No. PW102808-06 – Authorize Mayor and Finance Officer to sign an Agreement Between the City of Rapid City and the Rapid Valley Sanitary District Regarding Water and Sewer Service to Lots 1-5 of Block 3, Homestead Plaza Subdivision

15.       No. PW102808-09 – Authorize Mayor and Finance Officer to sign License Agreement No. 101308 & 101208 Between the City of Rapid City and Dakota, Minnesota & Eastern Railroad Corporation, for Water Pipelines Located Near MP647.5, East Anamosa Street

16.       No. PW102808-13 – Authorize Mayor and Finance Officer to sign an On-Call Support Service Agreement with Burns & McDonnell Engineering Company, Inc., Project No. PW08-1762B, for an Amount not to Exceed $25,000

17.       No. PW102808-14 – Authorize Mayor and Finance Officer to sign an Agreement with Geiger Architecture for Milo Barber Transportation Center Improvements, Project No. GB08-1765, CIP No. 50746-1765, in the Amount of $104,150

18.       No. PW102808-18 – Authorize Mayor and Finance Officer to sign an Agreement with West River Electric Association, Inc., for the Acquisition of a Sanitary Sewer Easement on Property near the Intersection of SD Highway 44 and Twilight Drive, in the Amount of $46,477.63.  Funding Source:  834/4380 – Wastewater Expansion Projects/Sewer Improvements

19.       No. CC102008-02 – Approve the Base Bid plus Alternate 1 bid award for the Elk Vale Road Sanitary Trunk Sewer Extension Project No. SS07-1658 / CIP No. 50686 (opened October 14, 2008) to Simon Contractors of SD, Inc. for a total contract amount of $1,125,220.41

20.       No. PW102808-04 – Approve Easement #090608 for East Anamosa Street between City of Rapid City and Dakota, Minnesota & Eastern Railroad Corporation, in the Amount of $10,000.00.  Funding Source:  8910/4310 – CIP Streets/Land

21.       No. PW102808-10 – Authorize Mayor and Finance Officer to sign a Memorandum of Understanding with Pennington County, dated October 1, 2008, for the Exchange of Snow Routes

22.       No. PW102808-11 – Authorize Mayor and Finance Officer to sign an Agreement with the SD Department of Transportation for Snowplowing Responsibility

23.       No. PW102808-12 – Approve Purchase of Two New Current Year 1/2 Ton Pickups and One 1 Ton 4X4 Pickup from McKie Ford, Matching State Bid Contract #15539, in the total amount of $51,381. 

24.       No. PW102808-07 – Approve Purchase of a Replacement Vehicle from the 2009 State Contract, one Class BT Truck Utility 4X4, 4-Door 100 inch WB Trailblazer, Contract #15540, in the amount of $22,604

25.       No. 08RD004 - A request by City of Rapid City to consider an application for a Resolution for a Road Name Change from Beale Street to Edwards Street on Right-of-way adjacent to Lots 2 and 3 of Lot D, Lot A of Lot 1  of Lot D less Lot H1 and Lot B of Lot 1 of Lot D all of K-W Subdivision, all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of U. S. Beale Street Right-of-way Interstate 90 and west of North Elk Vale Road

26.       No. PW102808-20 – 08TP031 – Approve the 2009 Unified Planning Work Program – Final Report

27.       No. PW102808-21 – 08TP032 – Authorize Staff to seek Request for Proposals for the preparation of the Black Hawk Future Land Use Plan

28.       No. 08VE022 - A request by Jason Hagen to consider an application for a Vacation of a Portion of Non-Access Easement on Lot 20 of Block 8 of Meadows Subdivision, located in the SE1/4 NW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 608 Field View Drive 

Legal & Finance Committee Consent Items

29.       No. LF102908-24 – Acknowledge the update from Ray Summers of The Journey Museum regarding the NASA Grant

30.       No. LF102908-01 – Confirm appointment of Linda Marchand to the Planning Commission (to replace Mike Derby)

31.       No. LF102908-02 – Acknowledge Capital Improvements Program Committee Monthly Update for October, 2008

32.       No. LF102908-03 – Approve the Capital Plan for Streets, Drainage, MIP Projects for October, 2008

33.       No. LF102908-05 – Authorize Mayor and Finance Officer to accept the COPS Universal Hiring Program Grant Award

34.       No. LF102908-06 – Approve Event Permit for Veteran’s Day Parade to be held on November 11, 2008

35.       Approve event permit from the Pennington County Auditor for 10 parking spots in front of the Rapid City Library to be designated as free parking for voters on Election Day

36.       Approve Travel Request for Steve Allender to attend Municipal League in Pierre, South Dakota, on October 8, 2008, in the sum of $145

37.       No. LF102908-07 – Approve Memorandum of Understanding with the Fraternal Order of Police (Selection Procedure)

38.       No. LF102908-08 – Approve Memorandum of Understanding with the Fraternal Order of Police (Shift Bid Process)

39.       No. LF102908-09 – Approve increase of non-sufficient funds (NSF) charge from $12.00 to $25.00

40.       No. LF102908-10 – Approve Resolution Fixing Time and Place for Hearing on December 1, 2008, on Assessment Roll for Cleanup of Miscellaneous Property

41.        No. LF102908-12 – Approve Resolution Fixing Time and Place for Hearing on Corrected Assessment Roll for Cleanup of Miscellaneous Property

42.       No. LF102908-13 –Authorize Mayor and Finance Officer to sign Agreement for Independent Contractor Services between Western South Dakota Community Action Agency (CAP) and the City of Rapid City

43.       No. LF102908-14 –Approve Resolution to Establish Funding for the City of Rapid City Healthcare Plan

44.       No. LF102908-15 – Approve Resolution to Establish Funding for the City of Rapid City Healthcare Plan by Setting Rates for Retiree and COBRA Participants

45.       No. LF102908-16A – Approve Resolution to Amend the Healthcare Plan with Amendment No. 4

46.       No. LF102908-17 – Approve Resolution to Establish a Background Checking Policy for Employees

47.       No. 08TP035 – Authorize Mayor and Finance Officer to sign the 2009 Transportation Planning Process Agreement between the City of Rapid City and the South Dakota Department of Transportation in the amount of $647,564

48.       No. 08TP036 – Authorize Mayor and Finance Officer to sign the 2009 Agreement between the City of Rapid City and Meade County for Accomplishing the Rapid City Area Transportation Planning Process

49.       No. 08TP037 – Authorize Mayor and Finance Officer to sign the 2009 Agreement between the City of Rapid City and City of Box Elder for Accomplishing the Rapid City Area Transportation Planning Process

50.       No. LF102908-18 – Authorize staff to apply for Homeland Security Grant in the amount of $12,000 (total project cost is $17,552; city share - $5,552)

51.       Authorize Attorney’s office to use salary line item to pay for copier

52.       No. LF102908-23 – Acknowledge raffle request from Rapid City Jaycees

53.       Approve the following licenses: Plumbing Apprentice:  Ray Sundstrom; Plumbing Plumber:  James Lanphear; Plumbing Contractor:  Frank Howe; Sewer and Water Journeyman:   Matthew Mangis, Schad Excavation 

Growth Management Department Consent Items

54.       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. 

END OF CONSENT CALENDAR 

NON-CONSENT ITEMS – Items 55-84 

Public Comment opened – Items 55-84

Public Comment closed 

Ordinances

55.       No. 08OA008 – First Reading, Ordinance No. 5427, Ordinance Amending Chapter 16.12 to Require Parkland Dedication by Adding Section 16.12.220 to the Rapid City Municipal Code (Continue First Reading to the February 2, 2009, City Council meeting with the request that a public meeting be held prior to that time and notice of the hearing be sent to the interested groups so that there may be discussion and input by the public) 

56.       No. 08OA012a – First Reading, Ordinance No. 5440, An Ordinance Amending the Light Industrial Zoning District of the Rapid City Municipal Code by Amending Section 17.22.020.C.5 

57.       No. 08OA012b – First Reading, Ordinance No. 5441, An Ordinance Amending the Light Industrial Zoning District of the Rapid City Municipal Code by Adding Section 17.22.090 

58.       No. 08OA013 – First Reading, Ordinance No. 5442, An Ordinance Amending the General Agriculture Zoning District of the Rapid City Municipal Code by Deleting Section 17.34.030B 

59.       No. LF102908-04 – First Reading, Ordinance No. 5443, Ordinance Regarding Administrative Approval of Business Licenses (Continue to the December 3, 2008, City Council meeting) 

60.       No. LF102908-21 – First Reading, Ordinance No. 5444, Ordinance to Require Background Checks for Certain City Licenses (Continue to the December 3, 2008, City Council  meeting) 

61.       No. 08RZ034(B) - First Reading, Ordinance No. 5445, 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. 

62.       No. 08RZ038 – First Reading, Ordinance 5446, 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 Park Forest District to Flood Hazard District on Lot 1B of Block 3 of Jackson Park Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Chapel Lane and south of Jackson Boulevard. 

63.       No. 08RZ039 - First Reading, Ordinance 5447, 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 Low Density Residential District to Flood Hazard District on Lots 5 thru 6 of Block 1 of Jackson Park Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2917 Chapel Lane. 

64.       No. 08RZ040 - First Reading, Ordinance 5448, 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 Lots 6 thru 8 of Block 2 of I-90 Heartland Business Park, a portion of Reardon Court, all less the south 33 feet, all located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Seger Drive, west of Elk Vale Road and east of Dyess Avenue. 

65.       No. 08RZ041 - First Reading, Ordinance 5449, 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 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; and a portion of the NE¼ SE¼, Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27 and 28,T2N, R8E, BHM, thence, N00º04’09”W, a distance of 1324.14 feet to the South 1/16 Corner common to Sections 21 and 22 and the point of beginning; Thence, first course: 89º57’24”W, a distance of 449.93 feet; Thence, second course: N00º07’41”W, a distance of 64.98 feet; Thence, third course: N89º55’51”E, a distance of 450.00 feet, to a point on the section line common to Sections 21 and 22; Thence fourth course: S00º04’09”E, along the section line common to Sections 21 and 22, a distance of 65.89 feet, to the south 1/16 corner common to Sections 21 and 22 and the point of beginning, located north of U.S. I-90, west of Elk Vale Road and east of Dyess Avenue. 

66.       No. 08RZ042 - First Reading, Ordinance 5450, 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 Low Density Residential District to General Commercial District on Tract AR2 of Needles Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1700 Catron Boulevard. 

67.       No. 08RZ043 - First Reading, Ordinance 5451, 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 Low Density Residential District to General Commercial District on Tract A of Meadow View Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard and east of S.D. Highway 16.   

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

69.       No. 08OA009A – Second Reading, Ordinance No. 5428, Ordinance to Allow Lockable Covers to Prevent Access to Private Pools by Amending Subsection 17.50.320(A)(3) of the Rapid City Municipal Code with the recommended changes 

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

71.       No. 08OA010 – Second Reading, Ordinance No. 5431, Ordinance 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 

72.       No. 08OA010 – Second Reading, Ordinance No. 5432, Ordinance 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 

73.       No. 08OA010 – Second Reading, Ordinance No. 5433, Ordinance 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 

74.       No. 08OA011  - Second Reading, Ordinance No. 5434, Ordinance 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 

75.       No. LF101508-09 – Second Reading, Ordinance No. 5435, Ordinance 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 

76.       No. LF101508-10 – Second Reading, Ordinance No. 5436, Ordinance 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 

Growth Management Department Items

 Legal & Finance Committee Items

77.       Confirm appointment of James Johns to the Civic Center Parking Master Plan Committee 

78.       No. LF102908-11 – Approve Procurement Card Policy and Procedure 

79.       No. LF102908-19 – Authorize staff to purchase one Ford F-350 Class CN Truck, 1 ton 2x4 regular cab pickup for the Parks Division from McKie Ford who will match State Contract No. 15539 pricing in the amount of $18,733 

80.       Report of freeholders on Wally Byam Site 

81.       Authorize staff to proceed with the rezoning of the Wally Byam site 

Public Works Committee Items

82.       Approve request for City garbage services for Ross Johnson, North Valley Drive annexation area 

Bids

83.       No. CC110308-02.1 – Combination Jet Vacuum Truck for Utility Maintenance Sewer Crew (opened October 28, 2008)

84.       No. CC110308-02.2 - Cationic Sludge Polymer for Water Reclamation (opened October 28, 2008) 

Mayor’s Items 

Council Items & Liaison Reports 

Reconsideration Notices 

Motion for Delivery of Items from Committee 

Staff Items

85.       No. CC110308-03 - Vision 2012 Update  

Appeals

DARB 

License application appeals 

Sign Code Appeals 

Other Appeals Heard by the Council 

CIP Committee Items 

PUBLIC HEARING ITEMS – Items 86 - 120 

Open Public Hearing (comment) -- Items 86 – 120 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 86 - 108 

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

Continue the following items until November 17, 2008:

86.       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. 

87.       No. 08CA037 - A request by TSP Three, Inc. for Black Hills Corporation for an Amendment to the Adopted Comprehensive Plan to change the Future Land Use Plan from Planned Residential Development with 6.7 dwelling units per acre to Office Commercial District with a Planned Commercial Development 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. 

88.       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. 

89.       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. 

90.       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. 

91.       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. 

92.       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. 

93.       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. 

94.       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. 

95.       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 SW¼ NE¼, SE¼ NE¼, SE¼ of Section 22 and the NE¼ NE¼, of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East ¼ 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 N40º53’23”W 46.84 feet, the second bears S42º28’55”W 47.86 feet; Thence S11º01’40”W 211.80 feet the True Point of Beginning, said point is on the westerly Right-of-Way line of said Reservoir Rd; Thence N88º20’56”W 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 N42º15’21”W 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 N04º01’19”W 212.28 feet to a point; Thence S55º45’42”W 75.36 feet to a point; Thence N86º53’21”W 134.46 feet to a point; Thence S10º21’24”E 98.19 feet to a point; Thence S35º06’10”W 63.00 feet to a point; Thence S46º21’05”E 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 S45º14’35”E; Thence along said curve a distance of 97.60 feet to a point; Thence S42º15’21”E 82.00 feet to a point; Thence S47º44’39”W 267.00 feet to a point; Thence S42º15’21”E 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 S04º27’54”E 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 S00º04’26”E ; Thence along said curve a distance of 50.53 feet to a point; Thence S02º05’22”W 618.45 feet to a point; Thence N87º54’38”W 157.00 feet to a point; Thence S02º05’22”W 82.00 feet to a point; Thence S47º05’22”W 14.14 feet to a point; Thence N87º54’38”W 95.00 feet to a point; Thence S02º05’22”W 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 S42º01’34”W 129.91 feet to a point; Thence S47º44’39”W 76.00 feet to a point; Thence S42º15’21”E 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 S32º05’22”W 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 S45º00’00”W 183.94 feet to a point; Thence S45º00’00”E 172.00 feet to a point; Thence N45º00’00”E 86.99 feet to a point; Thence S90º00’00”E 14.14 feet to a point; Thence S45º00’00”E 100.00 feet to a point; Thence N45º00’00”E 478.38 feet to a point; Thence S64º12’57”E 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 S28º27’35”E; Thence along said curve a distance of 263.73 feet to a point; Thence S88º42’49”E 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 S01º38’45”W; Thence along said curve a distance of 4.69 feet to a point; Thence S02º00’19”W 29.40 feet to a point; Thence S87º59’41”E 199.00 feet to a point along the westerly Right-of-Way line of said Reservoir Road; Thence N02º00’19”E 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 S88º27’49”E 33.00 feet, said point being monumented with an iron rod below the surface of the asphalt; Thence N02º03’51”E 38.00 along the Right-of-Way of said Reservoir Rd to a point; Thence N88º27’48”W 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 N32º05’22”E 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 S87º56’54”E 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 N02º05’22”E 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 N22º20’38”W 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 N42º03’11”W 203.20 feet to a point; Thence N41º26’28”W 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 S89º59’42”E; 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 S88º20’56”E 41.85 feet to a point on the westerly Right-of-Way line of said Section 22; Thence N02º03’51”E 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. 

96.       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. 

97.       No. 08PL134 - A request by Lyle Bromwich for a Preliminary Plat on Lots 1R, 2R, 4R, 5R, 6R, 7R, 9R, 12R, 13R, 16R, 17R, 18R, 19R, 20R, 21R and Lot 4A of Block 4 of H&H Estates Subdivision, all located in the NW1/4 SE1/4 and the NE1/4 SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 1, 2, 4, 5, 6, 7, 9, 12, 13, 16, 17, 18, 19, 20, 21 and Lot 4A of Block 4 of H&H Estates Subdivision, all located in the NW1/4 SE1/4 and the NE1/4 SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located south of Hacienda Street, north of Williams Street and west of Plateau Lane. 

98.       No. 08PL135 - A request by Dream Design International, Inc. for Robert Sundby for a Preliminary Plat on Lots A and B of Lot 4 of Una Del Acres, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the N1/2 of Lot 4, less Lot H1, the N1/2 of the east 198 feet of Lot 13 of Una Del Acres, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5755 Sheridan Lake Road. 

99.       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 

100.   No. 08RZ035 - Second 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.  

101.   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. 

102.   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. 

103.   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. 

104.   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 December 1, 2008:

105.   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. 

106.   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. 

107.   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. 

Continue the following items until December 15, 2008:

108.   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. 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS 

Close Public Hearing (comment) -- Items 86 – 108 

CONSENT PUBLIC HEARING ITEMS – Items 109 - 114 

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

Growth Management Items 

Alcohol Licenses

109.   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)

110.   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

111.   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

112.   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

113.   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

114.   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 

Assessment Rolls 

Other Items Requiring Public Hearings 

END OF CONSENT PUBLIC HEARING CALENDAR 

NON-CONSENT PUBLIC HEARING ITEMS – Items 115 - 120

115.   No. 08FV009 – A request by Lucas Scott to allow a fence height exception if said fence is removed from the utility easement.  The Fence Height Exception is to allow a six foot fence in lieu of a four foot fence on Lot 7 of Block 1 of Kensington Heights Subdivision, Section 18 T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4316 Henry Court 

116.   Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement, curb, gutter, water, sewer, street light conduit and sidewalk along Centre Street as they abut 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 Center Street. (08SV046) 

117.   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. 

118.   No. 08RZ034(A) - Second Reading, Ordinance 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.  

119.   No. 08RZ036 - Second Reading, Ordinance 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. 

120.   No. 08RZ037 - Second Reading, Ordinance 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. 

BILLS

121.   No. CC110308-01 – Bill List for November 3, 2008 

EXECUTIVE SESSION permitted by SDCL 1-25-2 

STAFF DIRECTION 

ADJOURN