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

December 15, 2008 -- 7:00 P.M.

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

ROLL CALL AND DETERMINATION OF QUORUM

 INVOCATION

 PLEDGE OF ALLEGIANCE

 ADOPTION OF AGENDA

 APPROVE MINUTES for December 1, 2008 Special Council Meeting and Regular Council Meeting

 AWARDS AND RECOGNITIONS

 1.                  Veteran of the Month

 2.                  Employee Recognition and Award

 GENERAL PUBLIC COMMENT

A time for the members of the public to discuss or express concerns to the Council on any issue not on the agenda.  Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the Council members present.

 NON-PUBLIC HEARING ITEMS -- Items 3 - 56

 Public Comment opened – Items 3 - 39

Public Comment closed

 CONSENT ITEMS – Items 3 - 39

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

Vacations of Right-Of-Way Set for Hearing (January 5, 2009)

3.         No. 08VR005 - A request by City of Rapid City for a Vacation of Right-of-way on the entire Second Street Right-of-way from the South Street Right-of-way south of the south lot line of Lots 16 thru 18 of Block 5 of Kellogg Addition, and a 60 foot wide portion of the Second Street Right-of-way located on the east side of Block 5 of Flormann Addition, from the south lot line of Lots 16 thru 18 of Block 5 of Kellogg Addition south to 12 foot north of the northeast corner of Tract Y of Flormann Addition located in the S1/2, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of Second Street and Signal Drive.

4.         No. 08VR006 - A request by City of Rapid City for a Vacation of Right-of-way on the entire South Street Right-of-way located south of Block 128 of the Original Town of Rapid City and south of the previously vacated portion of Second Street Right-of-way located on the east side of Block 128 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Third Street and South Street.

5.         No. 08VR007 - A request by City of Rapid City for a Vacation of Right-of-way on the remaining portion of Saint James Street right-of-way located between Block 5 and Tract Y of Flormann Addition beginning at the Second Street Right-of-way and extending west a distance of 180 feet located in the NE1/4 SW1/4, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of the intersection of Second Street and St. James Street.

 Alcoholic Beverage License Applications Set for Hearing (None)

 Public Works Committee Consent Items

 6.         No. PW120908-03 – Approve Change Order #002 for Block 75 Parking Structure, to J. Scull Construction, Project No. IDP08-1725, for an increase of $2,478.30. 

7.         No. PW120908-05 – Approve Change Order No. 1F for Cross Street Railroad Crossing, to Simon Contractors of SD, Inc., Project No. RR06-1540, CIP No. 50172, for a decrease of $1,794.19. 

8.         No. PW120908-06 – Approve Change Order No. 1F for East Saint Joseph Street Turn Lane - East Saint Joseph Street and East Saint Charles Street Intersection, to Hills Materials, Project No. ST07-1660, CIP No. 50699, for an increase of $343.92. 

 9.         No. CC121508-03 - Refer 40 Unit Rule Review to Planning Commission for further public input and report back to Public Works Committee. 

 10.       No. PW120908-01 – Authorize Mayor and Finance Officer to sign an Agreement Between the City of Rapid City and Ferber Engineering Company, Inc., for West Boulevard Area Sewer Reconstruction Project, Phase 2 – 11th Street, Project No. SS08-1728, CIP No. 50422, in the amount of $38,115.00.

 11.       No. PW120908-02 –Authorize Mayor and Finance Officer to sign an Agreement Between the City of Rapid City and FMG, Inc., for West Chicago Water Main Reconstruction Project, Project No. W08-1763, CIP No. 50282, in the amount of $78,440.

12.       No. PW120908-04 – Authorize Mayor and Finance Officer to sign an Agreement Between the City of Rapid City and Damon Reel and Jeanine Reel for the Acquisition of Permanent Drainage Easements.  Ellis reported this is a no cost donation to the City in order to do the drainage improvement project.

 13.       No. CC120108-02 – Approve the Rand Road Drainage Channel Repair and Improvements Bid, Project No. DR08-1735 / CIP No.50733, (opened November 25, 2008) to Site Work Specialists, Inc., in the amount of $46,439.00.

 14.       No. 08RD007 - Biernbaum Subdivision – A request by City of Rapid City to consider an application for a Resolution renaming the unnamed right-of-way to Biernbaum Lane on Right-of-way lying adjacent to Lots A and B of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of East Minnesota Street and S.D. South Highway 79.

 Legal & Finance Committee Consent Items

 15.              No. LF121008-01 –Confirm re-appointment of Eric Farrar, Dennis Hettich, and Gene Hunter to a two year term on the Sign Contractor Board. 

 16.              No. LF121008-02 – Confirm re-appointment of Jim Bickett, Ken Fuerst, and Scott Sogge to a two year term on the Residential Contractor Board. 

 17.              No. LF121008-03 – Confirm re-appointment of Peter Neumann, Vernon Osterloo, Gary Sabers (Alternate) and Robb Schlimgen (Alternate) to a three year term on the Zoning Board of Adjustment. 

 18.              No. LF121008-05 – Acknowledge Capital Improvements Program Committee monthly update for November, 2008. 

19.              No. LF121008-06 – Approve the Capital Plan for Streets, Drainage and MIP Projects for 2008. 

20.              Approve carryover for the Fire Department: Station #7 funding of $1.35 million dollars and $50,000 for the Main Fire Station space analysis.

21.              Authorize payment of registration fee for her, Councilman Martinson, Councilman Costello, and Public Works Director Robert Ellis to attend a Green Cities Conference in Portland, Oregon, in April of 2009, in the approximate amount of $1,200.  

22.              No. LF121008-07 – Acknowledge Library Board’s authorization to use salary line item to pay for replacement and repairs, voice over internet protocol (telephone system), and planned facilities maintenance in the amount of $56,500. 

23.              No. 08TP041 -  Approve Amendment to the 2008 Unified Planning Work Program.

24.              No. 08TP042 - Approve request for authorization to use funds from Personnel (Transportation Planning  budget #706) for Consultant Services Contract with LSA Associates, Inc. for the 2035 Long Range Transportation Plan.

25.              No. 08TP040 – Authorize Mayor and Finance Officer to sign the Professional Service Agreement with LSA Associates, Inc. for the 2035 Long Range Transportation Plan in an amount not to exceed $185,000. 

 26.              No. 08TI012 – A request by Dream Design International, Inc. to consider an application for a Second Revised Project Plan for Tax Increment District No. 55 - Mall Ridge Lift Station on Lot 1, Mailloux Subdivision; Government Lot 4; the unplatted balance of the SE1/4 SW1/4 and the unplatted balance of the S1/2 SE1/4 all located in Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; NE1/4 NW1/4 Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 7R, Madisons Subdivision; Outlots A,  B and C and all of Block 6 of Auburn Hills Subdivision and the Auburn Drive right of way lying adjacent to said lots; NE1/4 SE1/4; S1/2 SE1/4; SE1/4 SW1/4 less Lot 7R, Madisons Subdivision; N1/2 SW1/4 SW1/4; NW1/4 SW1/4; SW1/4 NW1/4; all located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located extending from the western boundary of Auburn Hills Subdivision, along Country Road to 143rd Avenue. 

27.              Acknowledge the following volunteers for workmen’s compensation purposes:  Danny Scolaro, Jim McCoy, Ed Kopp, Elise Twohy, Cory Blanks. 

 28.              No. LF121008-08 – Approve Resolution Establishing Change Fund for Rapid City Police Department Responsible Alcohol Service Program Classes. 

 29.              No. LF121008-09 – Approve Resolution to Establish the Non-Union Position of Park Maintenance Supervisor.   

30.              No. LF121008-11 – Authorize Mayor and Finance Officer to sign Master License Agreement with Latitude Geographics. 

 31.              No. LF121008-12 – Authorize Mayor and Finance Officer to sign Amendment No. 1 to Contract for Professional Services between Latitude Geographics Group Ltd. and the City of Rapid City. 

 32.              No. LF121008-13 –  Authorize Mayor and Finance Officer to sign the Golf Course Food and Beverage Concession Agreement.

 33.              No. LF121008-23 – Authorize Mayor and Finance Officer to sign Funding Agreement between South Dakota Department of Transportation and the City of Rapid City for Design, Letting, and Construction of Project EM 8052(59), Rapid City, PCN 01OE.

 34.              No. LF121008-24 - Approve Resolution Declaring Property Surplus. 

 35.              No. LF121008-14 – Approve Revisions to Tax Increment Financing Guide for Applicants. 

 36.              No. LF121008-15 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Doeck, LLC for the Completion of Subdivision Improvements. 

 37.              No. LF121008-16 – Authorize Mayor and Finance Officer to sign Assignment Agreement between the City of Rapid City, BankWest, and SSST, LLC.

 38.              No. LF121008-17 – Approve Resolution Declaring the Platted Portion of the Wally Byam Site Surplus. 

 39.              No. LF121008-18 – Acknowledge raffle request from The Dahl. 

 Growth Management Department Consent Items

 END OF CONSENT CALENDAR

 NON-CONSENT ITEMS – Items 40 - 56

 Public Comment opened – Items 40 - 56

Public Comment closed

 Ordinances

40.              No. LF102908-04 – Second Reading, Ordinance No. 5443, Ordinance to Provide for Administrative Approval of Certain Business Licenses by Amending Various Sections of Title 5 of the Rapid City Municipal Code. 

 41.              No. LF102908-21 – Second Reading, Ordinance No. 5444, Ordinance to Provide for Criminal History Records Checks for Certain Business Licenses by Amending Various Sections of Title 5 of the Rapid City Municipal.

 42.              No. LF112508-16 – Second Reading, Ordinance No. 5455, Ordinance to Establish the Process for Approval of Tax Increment Financing Districts and Project Plans by Adding Chapter 3.26 to the Rapid City Municipal Code.

 43.              No. LF112508-06 – Second Reading, Ordinance No. 5456, Regarding Supplemental Appropriation No. 4 for 2008. 

 

44.              No. LF112508-17A – Second Reading, Ordinance No. 5457, Ordinance Updating the Fees for Water Service by Amending Chapter 13.04 of the Rapid City Municipal Code.

 

45.              No. LF112508-18A – Second Reading, Ordinance No. 5458, Ordinance Updating the Fees for Sewer Service by Amending Chapter 13.08 of the Rapid City Municipal Code.

 Growth Management Department Items

 46.              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.

47.              No. 08PL113 - A request by Sperlich Consulting, Inc. for Roy Burr for a Preliminary Plat on Lot 7R and Lot 8 of Block 2 of the Villaggio at Golden Eagle, legally described as Lot 7 of Block 2 of the Villaggio at Golden Eagle and 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, 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.

 Legal & Finance Committee Items

 48.              No. LF121008-04 – Confirm appointment of Barb Collins (2nd Alternate) on the Planning Commission.   

 49.              No. LF121008-10 – Authorize staff to request proposals for Storage Area Network (SAN) and Virtualization Hardware, Software and Services.

 50.              No. LF121008-20 –  Authorization for the Mayor and Finance Officer to sign Agreement between the City of Rapid City and OS Development Inc. for the Design, Construction and Dedication of Land for a Water Reservoir and Booster Station

 51.              No. LF121008-21 –  Authorization for the Mayor and Finance Officer to sign Agreement between the City of Rapid City and OS Development, Inc. for Payment of Oversize Costs for Public Water Mains

 52.              No. LF121008-22 – Authorization for the Mayor and Finance Officer to sign Agreement between the City of Rapid City and OS Development, Inc. for Payment of Oversize Costs for Sanitary Sewer Mains

 Public Works Committee Items

 Bids

 53.              No. CC081215-02.1 – Downtown Pavement Repair STCM08-1747 / CIP No. 50445 (Opened on December 9, 2008)

54.              No. CC081215-02.2 – North Glen Place Drainage Improvements DR08-1749 / CIP No. 50710 (Opened on December 9, 2008)

55.              No. CC081215-02.3 – Street Rehabilitation, Harney Drive, Harney Place and Raymond Drive ST08-1771 / CIP No. 50549 (Opened on December 9, 2008)

 Mayor’s Items

 Council Items & Liaison Reports

 56.              Soccer Task Force request for Council to place soccer land designation discussion on the December 30, 2008 Legal and Finance Agenda.

 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 57 - 104

Open Public Hearing (comment) -- Items 57 - 104

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 57 - 70

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

Continue the following items until January 5, 2009:

 57.              No. 08CA037 - A request by TSP, 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.

 58.              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.

 59.              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.

 60.              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.

61.              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.

 62.              No. 08PL137 - A request by Britton Engineering & Land Surveying for Linda Weins for a Layout Plat on Lots 1 thru 4 of Weins Subdivision, formerly an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, legally described as an unplatted parcel located in the E1/2 NW1/4 SW1/4 less Lot 1 of Trusty Subdivision and less County Road Right-of-way all located in Section 15, T1S, R7E, BHM, Pennington County, South Dakota, located at 13924 Neck Yoke Road.

 63.              No. 08PL143 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Preliminary Plat on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.

64.              No. 08PL145 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Preliminary Plat on Lot 13 of Block 6, Lots 2 thru 11 of Block 7, Lots 2 thru 11 of Block 8 of Homestead Subdivision, located in a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and north of Carl Avenue.

 65.              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, 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.

 66.              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.

 67.              No. 08SV051 - A request by Renner & Associates for Doug Noyes for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk along Clark Street, to waive the requirement to construct sewer, water, street light conduit, sidewalk, asphalt and curb and gutter along Fairview Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of resubdivision of Lot 13 of Block 31 of Boulevard Addition and vacated portion of Fairview Street, located in the SW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13 of Block 31 of Boulevard Addition, being all of Block 31 west of the north/south Alley and a portion of Fairview Street, located in the SW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of Clark Street and Forest Hills Drive/Fairview Street.

 68.              No. 08SV054 - A request by Sperlich Consulting, Inc. for Joe Muth at Doeck, LLC for a Variance to the Subdivision Regulations to waive the requirement to install water as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R-2 of Block 3 of Rainbow Ridge Subdivision, located in E1/2 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1R of Block 3 of Rainbow Ridge Subdivision, located in the SE1/4 NE1/4, and a portion of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest terminus of Bunker Drive.

 69.              No. 08VE005 - A request by Renner & Assoc. for Pete Lien & Sons for a Vacation of Access Easement on the 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 February 2, 2009:

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

 END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 57 - 104

CONSENT PUBLIC HEARING ITEMS – Items 71 - 86

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

Growth Management Items

 Alcohol Licenses

71.              GS Corp, Inc. DBA Casa Re’ al, 2315 1/2 Mt. Rushmore Road for a Retail (On-Sale) Liquor License TRANSFER from Porter Apple Company, Inc., DBA Applebee’s Neighborhood Grill & Bar, 2160 Haines Avenue (IN-ACTIVE)

 Retail (On-Sale) Liquor License Renewal for 2009

 72.              Red Rock Golf Club, LLC DBA Red Rock Golf Club, 6520 Birkdale Drive for a Retail (On-Sale) Liquor License and Sunday Opening

73.              Arrowhead Country Club DBA Arrowhead Country Club, 3675 Sheridan Lake Road for a Retail (On-Sale) Liquor License and Sunday Opening

74.              GS Corp, Inc. DBA Casa Re’ al, 2315 1/2 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

75.              City of Rapid City DBA Airport Restaurant & Lounge, 4550 Terminal Road, #206 for a Retail (On-Sale) Liquor License and Sunday Opening

 Retail (On-Sale) Wine License Renewal for 2009

 76.              Barbecsul, Inc.DBA Sandtrap Grill & Bar, 3625 Jackson Boulevard for a Retail (On-Sale) Wine License

77.              Dan Trieu Ly DBA Golden Fortune, 1204 East North Street for a Retail (On-Sale) Wine License

 Package (Off-Sale) Liquor License Renewal for 2009

 78.              Nash Finch Company DBA Family Thrift Center #254, 855 Omaha Street for a Package (Off-Sale) Liquor License

79.              Nash Finch Company DBA Family Thrift Center #265, 751 Mountain View Road for a Package (Off-Sale) Liquor License

80.              Rapid City Liquor, Inc. DBA Family Thrift Liquors #273, 1516 E. St. Patrick Street for a Package (Off-Sale) Liquor License

81.              Rapid City Liquor, Inc. DBA FTC Express #657, 3460 Sturgis Road for a Package (Off-Sale) Liquor License

82.              Rapid City Liquor, Inc. DBA Prairie Bottle Market #46, 13 New York Street for a Package (Off-Sale) Liquor License

83.              Sam’s West, Inc. DBA Sam’s Club #6565, 1020 LaCrosse Street for a Package (Off-Sale) Liquor License

84.              Safeway Stores 46, Inc. DBA Safeway Store #1554, 730 Mt. View Road for a Package (Off-Sale) Liquor License

85.              Safeway Stores 46, Inc. DBA Safeway Store #581, 2120 Mt. Rushmore Road for a Package (Off-Sale) Liquor License

86.              Wal-East Development, Inc. DBA Jackpot Casino Too, 1415 N. LaCrosse Street #3 for a Package (Off-Sale) Liquor License

 Assessment Rolls

 Other Items Requiring Public Hearings

 END OF CONSENT PUBLIC HEARING CALENDAR

 NON-CONSENT PUBLIC HEARING ITEMS – Items 87 - 104

 87.              No. 08CA038 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the Future Land Use designation from a Planned Residential Development with one dwelling unit per acre to General Commercial with a Planned Commercial Development on Tract AR2 of Needles Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1700 Catron Boulevard.

 88.              No. 08CA039 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the Future Land Use designation from Planned Residential Development with one dwelling unit per acre to General Commercial with a Planned Commercial Development 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 U.S. Highway 16.

 89.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sewer and additional pavement along Doolittle Street and additional pavement along Midway Street as they abut Block 73, located in the SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1323 Midway Street. (08SV041)

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

 91.              Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sewer along a portion of Fifth Street and Elk Street as they abut 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. (08SV042)

 92.              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.

 93.              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.

 94.              No. 08SV056 - A request by Fisk Land Surveying & Consulting Engineers for Thomas P. Walsh Sr. Family Ltd. Partnership for a Variance to the Subdivision Regulations to reduce the minimum access easement width from 59 feet to 24 feet; to reduce the paved surface requirement from 26 feet to 24 feet; and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the access easements as per Chapter 16.16 of the Rapid City Municipal Code on Burger King Tract and Day's Inn Tract of Trijowinn Subdivision, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 725, 719 and 711 Jackson Boulevard.

 95.              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.

 96.              No. 08RZ027 – Second Reading, Ordinance No. 5416, An Ordinance Amending Section 17.06 of Chapter 7 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.

 97.              No. 08RZ034 - Second Reading, Ordinance No. 5445, An Ordinance Amending Section 17.06 of Chapter 7 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 a portion of 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 northwesterly corner of Lot 7 of Block 2 of The Villaggio at Golden Eagle, common to a point on the southerly boundary of Lot 1R of Tract B of Springbrook Acres, intersecting a 1/64 section line of said Section 22, and the Point of Beginning; Thence, first course: S00º04’39”E, along the westerly boundary of said Lot 7 of Block 2, common to a 1/64 section line of said Section 22, a distance of 112.55 feet, to an interior 1/64 section corner of Section 22, common to an angle point on the westerly boundary of said Lot 7 of Block 2; Thence, second course:  S00º08’13”E, along the westerly boundary of said Lot 7 of Block 2, common to a 1/64 section line of said Section 22, a distance of 19.96 feet, to the southwesterly corner of said Lot 7 of Block 2, common to the northwesterly corner of Lot 6 of Block 2 of The Villaggio at Golden Eagle; Thence, third course: S00º08’13”E, along the westerly boundary of said Lot 6 of Block 2, common to a 1/64 section line of said Section 22, a distance of 104.33 feet, to the southwesterly corner of said Lot 6 of Block 2, common to the northwesterly corner of Lot 5 of Block 2 of The Villaggio at Golden Eagle; Thence, fourth course:  S00º08’13”E, along the westerly boundary of said Lot 5 of Block 2, common to a 1/64 section line of said Section 22, a distance of 95.12 feet, to the southwesterly corner of said Lot 5 of Block 2, common to an angle point on the northerly boundary of Lot 4R of Block 2 of The Villaggio at Golden Eagle; Thence, fifth course:  S61º38’29”W, along the northwesterly boundary of said Lot 4R of Block 2, a distance of 200.00 feet, to the southwesterly corner of said Lot 4R of Block 2, common to the northwesterly corner of Lot 3R of Block 2 of The Villaggio at Golden Eagle; Thence, sixth course:  S26º45’22”E, along the westerly boundary of said Lot 3R of Block 2, a distance of 106.66 feet, to the southwesterly corner of said Lot 3R of Block 2, common to the northwesterly corner of Lot 2R of Block 2 of The Villaggio at Golden Eagle; Thence, seventh course:  S26º45’22”E, along the westerly boundary of said Lot 2R of Block 2, a distance of 34.44 feet to a point on the westerly boundary of said Lot 2R of Block 2; Thence, eighth course:  S89º51’47”W, a distance of 237.22 feet; Thence, ninth course:  N00º08’13”W, a distance of 441.23 feet, to a point on a 1/64 section line of said Section 22; Thence, tenth course:  N50º09’55”E, a distance of 243.07 feet, to a point on the southerly boundary of Lot 1R of Tract B of Springbrook Acres; Thence, eleventh course:  S56º59’57”E, along the southerly boundary of said Lot 1R of Tract B of Springbrook Acres, a distance of 91.30 feet, to an angle point on the southerly boundary of said Lot 1R of Tract B of Springbrook Acres; Thence, twelfth course:  N85º50’49”E, along the southerly boundary of said Lot 1R of Tract B of Springbrook Acres, a distance of 87.08 feet, to the northwesterly corner of Lot 7 of Block 2 of The Villaggio at Golden Eagle, common to a point on the southerly boundary of said Lot 1R of Tract B of Springbrook Acres, intersecting a 1/64 section line of said Section 22, and the Point of Beginning, located north of Catron Boulevard and west of Golden Eagle Drive.

 98.              No. 08RZ038 - Second Reading, Ordinance No. 5446, An Ordinance Amending Section 17.06 of Chapter 7 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.

 99.              No. 08RZ039 - Second Reading, Ordinance No. 5447, An Ordinance Amending Section 17.06 of Chapter 7 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.

 100.          No. 08RZ040 - Second Reading, Ordinance No. 5448, An Ordinance Amending Section 17.06 of Chapter 7 of the Rapid City Municipal Code, Rezoning the within described property as 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.

 101.          No. 08RZ041 - Second Reading, Ordinance No. 5449, An Ordinance Amending Section 17.06 of Chapter 7 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.

 102.          No. 08RZ042 - Second Reading, Ordinance No. 5450, An Ordinance Amending Section 17.06 of Chapter 7 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.

 103.          No. 08RZ043 - Second Reading, Ordinance No. 5451, An Ordinance Amending Section 17.06 of Chapter 7 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 U.S. Highway 16.

 104.          No. 08RZ047 - Second Reading, Ordinance No. 5459, An Ordinance Amending Section 17.06 of Chapter 7 of the Rapid City Municipal Code, Rezoning the within described property as requested by FMG, Inc. for Bypass, LLC for a Rezoning from General Agriculture District to Light Industrial District on that portion of the south 33 feet of the SE1/4 that falls within Lot 6 and Lot 8 of Block 2 of I-90 Heartland Business Park and within Rearden Court right-of-way, all located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2620 and 2621 Reardon Court.

 BILLS

 105.          No. CC121508-01 – Bill List for December 15, 2008

 EXECUTIVE SESSION permitted by SDCL 1-25-2

 STAFF DIRECTION

 ADJOURN