Home Search Options Contact Us

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

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

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

December 1, 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 November 17, 2008 with a correction to agenda item 117 to reflect a corrected project number -- Street Rehabilitation Project, Harney Drive, Harney Place, Raymond Drive...Project No. ST08-1771

AWARDS AND RECOGNITIONS

1.                  Employee Recognition and Award

SWEAR IN NEW COUNCIL MEMBER

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 2 - 82

Public Comment opened – Items 2 - 62

Public Comment closed

CONSENT ITEMS – Items 2 - 62

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

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

Alcoholic Beverage License Applications Set for Hearing (December 15, 2008)

2.                  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

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

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

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

6.                  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

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

8.                  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

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

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

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

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

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

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

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

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

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

Public Works Committee Consent Items

18.              No. PW112508-01 – Approve a 30 day moratorium from the time City accepts the sewer line as requested by Heinsel Development LLC for a moratorium on new service connections to the new Sanitary Sewer constructed under the project: Sanitary Sewer Construction, Lowry Lane to Elk Vale Road, No. SS08-1750; pending establishment of a construction fee to be equitably charged to other benefiting properties at the time of service connection.

19.              Refer South Creek Drainage Repairs to CIP Committee

20.              No. PW112508-09 – Authorize Public Works Director to sign Agreement with Kadrmas, Lee & Jackson, Inc., Project No. SS05-1462, Red Rock Meadows Lift Station, in the amount of $5,143.25

21.              No. PW112508-03 – Approve Change Order No. 3F for 2008 Street Rehabilitation Project - Various Locations, to J & J Asphalt Company, Project No. ST08-1721, CIP No. 50549, for an increase of $1,200.00

22.              No. PW11250-04 - Approve Change Order No.2 for Saint Andrew Street Reconstruction, to Shovelhead Excavating, Inc., Project No. ST07-1604, CIP No. 50410, for a decrease of $60,157.60

23.              No. PW112508-05 - Approve Change Order No. 1 for the Holiday Inn, North Street, and Farlow Avenue Water Main Reconstruction, to RCS Construction, Inc., Project No. W07-1631, CIP No. 50465, for a decrease of $24,625.40

24.              No. PW112508-07 - Approve Change Order No. 2 for Canyon Lake Maintenance Shop, to SECO Construction, Inc., Project No. GB08-1714, CIP No. 50092, for an increase of $1,303.00; and two contract days

25.              No. PW112508-02 Approve purchase of Street Light Pole Breakaway Coupling Replacement from Transpo Industries, Inc., Project No. SL08-1768, CIP No. 50747, in the amount of $21,300.00

26.              No. PW112508-06 – Approve staff request to issue a Request for Proposals and retain an Engineering Consultant for Silver Street Area Utility Improvements, Project No. SSW07-1656 /CIP #50418

27.              No. PW112508-10 – Approve staff request to issue a Request for Proposals and retain an Engineering Consultant for WRF Non-Potable Water System Pump, Pressure Tank, and Disinfection System Replacement, Project No. WRF08-1770, CIP No. 50748

28.              No. PW111208-03 – Authorize the Acceptance of Private Water Main as a Public Water Main located on Lot 6R Mann Subdivision, Lot D of NE1/4 SE1/4 of Section 33, T2N, R7E, BHM, Lot C of NE1/4 SE1/4 of Section 33, T2N, R7E, BHM Less Lot 1, Rapid City, Pennington County, South Dakota, more generally described as being located 2000 feet east of the intersection of Sturgis Road and West Chicago Street extending north of West Chicago Street approximately 460 feet

29.              No. PW112508-08 – Approve purchase of one 2009 Ford Escape Replacement Vehicle from the 2009 State Contract #15541, from McKie Ford, in the amount of $20,557

30.              No. PW112508-11 – Authorize Mayor and Finance Officer to sign Title VI Compliance Plan

31.              No. 08RD006 - Approve a request by City of Rapid City to consider an application for a Resolution for Road Name Change from Motherload Drive to Motherlode Drive on Right-of-way adjacent to Lots 9 thru 17 of Block 3 and Lots 1 thru 9 of Block 4 of Catron Crossing Subdivision, located in the SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between Bendt Drive and Nugget Gulch Road.

32.              No. 08TP038 – Approve Sheridan Lake Road Jackson Boulevard to Deadwood Avenue Traffic Analysis and Route Alignment Study – Final Report

33.              No. 08VE026 - Approve a request by City of Rapid City and Gary Kluthe to consider an application for a Vacation of a Note on a Plat on Lot 7 of Block 1 and Lots 3 thru 18 of Block 2 of Silver Spur Estates and Dedicated Stirrup Court Right-of-Way, located in the E1/2 NE1/4, Section 36, T1N, R6E, BHM, Pennington County, South Dakota, more generally described as being located south of Sheridan Lake Road and adjacent to Stirrup Court.

34.              No. PW112508-12 – Authorize Mayor and Finance Officer to sign Pipeline License Agreement #WL1083 between the City of Rapid City and the SD Department of Transportation.

Legal & Finance Committee Consent Items

35.              No. LF112508-01 – Confirm re-appointment of Sandra McNeely and Maria McCarthy-Anderson to the Rapid City Library Board. 

36.              No. LF112508-25 – Confirm appointment of Doug Puetz, Kathy Ertel, Tom Collings, Scott Hickey, Darrel Brunson, Mara Hoff-Steward, Deb Hadcock, Patti Martinson, and Rich Sagen to the subcommittee to review the Dial A Ride fees. 

37.              No. LF112508-24 – Request Community Development to apply for the prescription discount card with CVS Caremark. 

38.              No. LF112508-02 – Approve Event Permit for Black Hills Stock Show Pioneer Awards Breakfast (Parking on 6th Street and St. Joe Street) for February 6, 2009 from 7:30 a.m. until 11:00 a.m. 

39.              No. LF112508-03 – Approve Event Permit for ISIS Properties for New Year’s Eve Ball Drop outside the Alex Johnson Hotel to be held on December 31, 2008. 

40.              No. 08TP039 – Authorize Mayor and Finance Officer to sign a Scope Change for the Sheridan Lake Road Area Neighborhood Future Land Use Plan Contract. 

41.              No. LF112508-04 – Approve Corrected “Resolution Renaming South Highway 79 Service Road to Bridge View Drive”. 

42.              Change the December 31, 2008 Legal and Finance Committee meeting to December 30, 2008 to follow the Public Works meeting. 

43.              No. LF112508-05 – Approve Resolution Relating to Financing of a Proposed Project to be Undertaken by the City; Establishing Compliance with Reimbursement Bond Regulations under the Internal Revenue Code. 

44.              No. LF112508-07 – Approve Resolution Writing Off Uncollectable Ambulance Billing Accounts. 

45.              No. LF112508-21 – Approve Resolution Declaring Property Surplus. 

46.              No. LF112508-24 – Approve Resolution Declaring Property Surplus. 

47.              No. LF112508-08 – Authorize Mayor and Finance Officer to sign Plan Amendment No. 6 to the City of Rapid City Healthcare Plan. 

48.              No. LF112508-09 – Authorize Mayor and Finance Officer to sign Agreement for Data Services with MidContinent Communications. 

49.              No. LF112508-10 – Authorize Mayor and Finance Officer to sign Contract for Fiscal Year 2008 Community Development Block Grant Sub-Recipients – Cangleska Inc. 

50.              No. LF112508-11 – Authorize Mayor and Finance Officer to sign a Local Governing Body Approval Letter for Eagle Ridge Properties LLC for the construction of 60 homes for low-income families. 

51.              No. LF112508-12 – Authorize Mayor and Finance Officer to sign Corrected Contract with Azteca for Enterprise Software License for CityWorks.  

52.              No. LF112508-13 – Approve Resolution Establishing 2009 Golf Course Fees. 

53.              No. LF112508-14 – Approve Resolution Establishing Fees for Grave Spaces and Cemetery Services. 

54.              No. LF112508-15 – Acknowledge report on Game, Fish & Parks Deer Survey and authorize staff to apply for 300 deer licenses. 

55.              No. LF112508-20 – Acknowledge raffle request from All Nations Cultural Center. 

56.              No. LF112508-26 – Acknowledge raffle request from Rapid City Ducks Unlimited. 

57.              Approve the following licenses:  Plumbing Apprentice:  Ben Krohmer, Chad Mowry, and Eric Zilla; Plumbing Plumber:  Dana Jensen; Electrical Journeyman:  Brent Buffington, Daniel Garland, and Thomas Anderson; Residential Contractor:  Shepard Vail, SL Vail Construction; Milt Gutknecht, ASP Construction; Brandon Schreiner, Schreiner Construction & Remodeling; and Scott Dauwen. 

Growth Management Department Consent Items

58.              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.

59.              No. 08PL136 - A request by Renner & Associates for Doug Noyes for a Layout Plat 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.

60.              No. 08PL138 - A request by Ferber Engineering Co., Inc. for North Street Fire Station, LLC for a Preliminary Plat on Lots 1 and 2 of Block 5 of East Mall Business Center Subdivision and dedicated public right-of-way for East North Street, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 north of Interstate 90 less Tract A of the NE¼ SE¼ and less lots H5, H6, H7, H8 and H9 but including that part of vacated East Mall Drive being part of the outside edge of Lot H5; and part of the SW¼ north of Interstate 90 including vacated East Mall Drive within said SW¼ and less Lot 1 of NE¼ SW¼ and less Lots 1 and 2 of NW¼ SW¼ and less Lot H5 and less lot H8; and part of Lot 1 of the NE¼ SW ¼ including vacated East Mall Drive within said Lot 1 and less Lot H7; and part of NW¼ including vacated East Mall Drive within said NW¼ less Lots AR, B, C and less E½ NE¼ NW¼ and less E½ NW¼ NE¼ NW¼ and less Lots H2 and H4; and part of Lot C of NW¼ less Lot H3 and less Lot H1; and part of Lot 1 of Silver Strike Subdivision; and all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of East North Street and East Mall Drive.

61.              No. 08PL139 - A request by Matt Benne for Angie Charlson for a Layout Plat on Lots A, B, C and D of Lot 4R of Block 15 of Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 4R in Block 15 of Canyon Lake Heights Subdivision, as shown on the plat filed in Plat Book 28, Page 87 and as corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4560 Cliff Drive.

62.              No. 08PL144 - A request by FMG, Inc. for Northwestern Engineering for a Layout and Preliminary Plat on Lots 1 thru 3 of GFP Subdivision and dedicated Right-of-way for Meadowwood Drive and North 44th Street, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A, Lot K and Lot 1 of Tract B all of Meadowwood Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of North 44th Street between City Springs Road and Sturgis Road.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS – Items 63 - 82

Public Comment opened – Items 63 - 82

Public Comment closed

Ordinances

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

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

65.              No. LF112508-16 – First Reading, Ordinance No. 5455 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. 

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

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

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

69.              No. 08RZ047 - First Reading, Ordinance 5459, An Ordinance Amending Section 17.06 of Chapter 17 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.

Growth Management Department Items

Legal & Finance Committee Items

70.              Uphold the denial of the request from Days Inn and Burger King to allow a non-conforming service line

71.              No. LF112508-22 – Authorize Mayor and Finance Officer to sign Release and Hold Harmless Agreement with Thomas P. Walsh, Sr. Limited Family Partnership

72.              No. LF112508-23 – Authorize Mayor and Finance Officer to sign Covenant Agreement with Thomas P. Walsh, Sr. Limited Family Partnership

73.              No. 08AN011  A request by City of Rapid City to consider an application for a Resolution of Annexation - South Valley Drive on Lot 6 – 7 less Lot H-1, Block 2, Johnson School Subdivision in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Part of Tract D located in the NE1/4NW1/4 of Section 9 and the east 88 feet of Lot D of the NE1/4NW1/4 less Lot H-1 in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot H-3 and H-4 in NW1/4 of Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot H-1 in Lot E in NE1/4NW1/4 of Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 1-6 of Lot D, Wood Subdivision in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot 1E of NE1/4NW1/4 and the south part of Lot E of the NE1/4NW1/4 lying south of access highway in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Portion of the N1/2NW1/4 less Lot H5 of NE1/4NW1/4 and the N1/2SE1/4NW1/4 less Lot H1, all in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot 1, Lot B of Lot 2, Lot A of Lot 2-3, Lot 5 including Lot A of Lot 5, Lot 6, Lot 7, Lot W of Lot 8B & Lot 1 of Lot 9B, Lot 3A of Lot 3 and the balance of Lot 3, Lot 3D of Lot 3, Lot 3E of Lot 3, all of SW1/4NW1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots A-E, Lots 1 and 2 of Lot F, Lots G–P of Lot 2B of Lot 2 and south half vacated right-of-way adjacent to lots G, H, I, J, & K and including Sherman Drive and the north half vacated right-of-way adjacent to lots A-C, Lots 1-4 of Lot 2A in Lot 2, Lot 2C of Lot 2 less Lot 1, all in NW1/4SW1/4 of Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 3A-1, 3A-2, 3A-3 of Lot 3A Revised, W157 feet of Lot 3A Revised, Lots 3B and 3C of Lot 3, W1/2 of Lot 3D of Lot 3, Lot 3E and E1/2 of Lot 3D of Lot 3, Lot 3F of Lot 3, Lot 3G of Lot 3, Lot 3H of Lot 3, Lot 3J of Lot 3, Lot 3K Revised of Lot 3, Lot 3L Revised of Lot 3, Lot 3M of Lot 3, Lot 3N of Lot 3, Lot 3P of Lot 3, Lot 3Q of Lot 3, Lot 3R of Lot 3, Lot 4, Lot 5, Lot 6, all in Melody Acres located in the NW1/4SW1/4 of Section 9, T1N, R8E, BHM, Pennington County, South Dakota; All of Orchard Subdivision, Eden Gardens Addition, and Melody Acres Subdivision No. 2, located in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot 3 of Tract A in E1/2SW1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 1-10 of Fravel Tract Subdivision of Lot 1 of NW1/4SW1/4 of Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot 1 of Well Addition less Lot H1 and less dedicated right-of-way in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Garden Lane, Orchard Lane, Melody Lane, E. Fairmont Street, Cactus Drive, Scott Street, Eden Lane, School Drive, Lancer Drive, and S. D. Highway 44 including Lot H-1 and Lot H-2 in the NE1/4NW1/4, all located in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; The 100 foot railroad right-of-way of the South Dakota Department of Transportation acting through the Office of Railroads, lying in the N1/2NW1/4 of Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Hawthorne Ditch located in the NW1/4NW1/4 in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; E. St. Patrick right-of-way located north of Lot H-3 in NW1/4 of Section 9 and north of Rapid Valley Subdivision in Section 8, T1N, R8E, BHM, Pennington County, South Dakota; All of Blocks 1 and 2, Blocks 5 and 6, Lots 1-12 of Block 3, Lots 7-12 of Block 4, all of Rapid Valley Subdivision in Section 8, T1N, R8E, BHM, Pennington County, South Dakota; All of Long Acres Square and Sedivy Subdivision, located in Section 8, T1N, R8E, BHM, Pennington County, South Dakota; Lot A of Watco Subdivision, Section 8, T1N, R8E, BHM, Pennington County, South Dakota; Tract B of Jepsen Subdivision, Section 8, T1N, R8E, BHM, Pennington County, South Dakota; SW1/4NE1/4NE1/4, W1/2SE1/4NE1/4, S1/2SW1/4NE1/4, E1/2SE1/4NE1/4 less Block 1 & 2 and Lot 7 of Sedivy Subdivision, W1/2SE1/4, W1/2NE1/4SE1/4, E1/2NE1/4SE1/4 less Watco Subdivision and less Jepsen Subdivision, SE1/4SE1/4 less Jepsen Subdivision, all in Section 8, T1N, R8E, BHM, Pennington County, South Dakota; Beechwood Lane, Pecan Lane, Olive Lane, E. St. Francis Street, Blanche Drive, Long Acre Drive, and Garden Lane, all located in Section 8, T1N, R8E, BHM, Pennington County, South Dakota; Sedivy Lane, that portion not in the City limits of Rapid City, located in the NE1/4 of Section 8, T1N, R8E, BHM, Pennington County, South Dakota; NW1/4 less Lot H-1 as recorded in Book 9 Hwy of Plats – Page 54 and less Lot H-1 as recorded in Book 9 Hwy of Plats – Page 52 (Elk Vale Road right-of-way) in Section 16, T1N, R8E, BHM, Pennington County, South Dakota, T1N, R8E, BHM, Pennington County, South Dakota; NE1/4 and the N1/2SE1/4 including Lot H-2 of the NE1/4SE1/4 and less lot H1 of NE1/4SE1/4 otherwise known as Elk Vale Road right-of-way, all in Section 17, T1N, R8E, BHM, Pennington County, South Dakota; and, That portion of the Section line highway known as South Valley Drive lying within 33 feet each side of the north-south line between Section 9 and Section 8 and between the Northwest quarter of Section 16 and the Northeast quarter of Section 17, and the north 550 feet of the 33 feet section line highway on the east boundary of the NE1/4SE1/4 of Section 17, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located. 

74.              No. LF111208-06A - Resolution Establishing Salaries for Certain City Officers

75.              No. LF112508-19 – Authorize Mayor and Finance Officer to sign a Contract for Private Development between North Street Fire Station LLC and the City of Rapid City for Tax Increment District #69

Public Works Committee Items

76.              No. PW101408-17 - Formally accept a warranty deed to land on the south 464.64 feet of the SE1/4NW1/4NE1/4 of Section 21, the south 464.64 feet of the NE1/4NE1/4, less Lot H1 of Section 21 and the SE1/4NE1/4 of Section 21, all located in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of the intersection of County Road and Elk Vale Road a distance of approximately 850 feet on the east side of Elk Vale Road. (CONTINUED FROM OCTOBER 20, 2008 COUNCIL MEETING)

Bids

77.              No. CC120108-02 - Universal Drive Reconstruction Project No. ST08-1701 / CIP No. 50398 (bid opened November 25, 2008)

78.              No. CC120108-02 - Rand Road Drainage Channel Repair and Improvements Project No. DR08-1735 / CIP NO. 50733 (bid opened November 25, 2008)

79.              No. CC120108-02 - Street Light Pole Breakaway Coupling Replacement Project No. SL08-1768 / CIP NO. 50747 (bid opened November 25, 2008)

80.              No. CC120108-02 - Meter Transceiver Unit (MXU) for Water Division (bid opened November 25, 2008)

Mayor’s Items

Council Items & Liaison Reports

81.              Soccer Task Force Update, Alderman Chapman

Reconsideration Notices

Motion for Delivery of Items from Committee

Staff Items

82.              No. CC120108-03 – Vision 2012 Update, Public Works Director Ellis

Appeals

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP Committee Items

PUBLIC HEARING ITEMS – Items 83 – 234

Open Public Hearing (comment) -- Items 83 –234

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 83 - 107

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

Continue the following items until December 15, 2008:

83.              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.

84.              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.

85.              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.

86.              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.

87.              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.

88.              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.

89.              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.

90.              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.

91.              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.

92.              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.

93.              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.

94.              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.

95.              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.

96.              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.

97.              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.

98.              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.

99.              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.

100.          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 January 5, 2009:

101.          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.

102.          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.

103.          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.

104.          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.

105.          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.

106.          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 W1/2 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard and west of Golden Eagle Drive.

Continue the following items until February 2, 2009:

107.          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.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 83 – 234

CONSENT PUBLIC HEARING ITEMS – Item 108 - 217

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

Growth Management Items

Alcohol Licenses

108.          Youth & Family Services, Inc. dba Youth & Family Services, 120 East Adams Street for a special Beer and Wine License for an event scheduled January 16 and 17, 2009

Retail (On-Sale) Liquor License Renewal for 2009

109.          Cortez LLC DBA Alex Johnson Hotel, 523 Sixth Street for a Retail (On-Sale) Liquor License and Sunday Opening

110.          American Legion Home Association DBA American Legion, 818 E. St. Patrick for a Retail (On-Sale) Liquor License and Sunday Opening

111.          Porter Apple Company, Inc. DBA Applebee’s Neighborhood Grill & Bar, 2160 Haines Avenue for a Retail (On-Sale) Liquor License and Sunday Opening

112.          Blue Lantern Lounge, Inc. DBA Blue Lantern Lounge, 1200 E. St. Patrick Street for a Retail (On-Sale) Liquor License and Sunday Opening

113.          RC Boston Company, LLC DBA Boston’s Restaurant & Sports Bar, 620 E. Disk Drive for a Retail (On-Sale) Liquor License and Sunday Opening

114.          Karen J. Schumacher DBA Brass Rail, 624 St. Joe Street for a Retail (On-Sale) Liquor License and Sunday Opening

115.          Harbry Enterprises, Inc. DBA Buck ‘N Gator Lounge, 4095 Sturgis Road for a Retail (On-Sale) Liquor License and Sunday Opening

116.          Derby Advertising, Inc. DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Retail (On-Sale) Liquor License and Sunday Opening

117.          Century Motels, Inc. DBA Howard Johnson, 950 North Street for a Retail (On-Sale) Liquor License (NO SUNDAY SALE)

118.          The Retired Enlisted Association DBA Chapter #29, 1981 Centre Street for a Retail (On-Sale) Liquor License and Sunday Opening

119.          Retsel Corporation DBA Cheers/Ramada Inn, 1721 LaCrosse Street for a Retail (On-Sale) Liquor License and Sunday Opening

120.          ERJ Dining IV LLC DBA Chili’s Grill & Bar, 2125 N. Haines Avenue for a Retail (On-Sale) Liquor License and Sunday Opening

121.          M G Oil Company DBA Clock Tower Lounge, 2525 West Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

122.          Colonial House, Inc. DBA Colonial House, 2501 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

123.          Martom Management, Inc. DBA Days Inn Lounge, 725 Jackson Boulevard for a Retail (On-Sale) Liquor License and Sunday Opening

124.          Dealer Exchange, Inc. DBA Kaktus Kim's, Rushmore Mall, 2200 N. Maple for a Retail (On-Sale) Liquor License and Sunday Opening

125.          Rapid City Elks Club DBA Elks Lodge #1187, 3333 E. 39th Street for a Retail (On-Sale) Liquor License and Sunday Opening

126.          Fat Boys, Inc. DBA Firehouse Brewing Company, 610 Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

127.          Michael O. Wieseler DBA Horseshoe Bar, 1407 ½ E. North Street for a Retail (On-Sale) Liquor License and Sunday Opening

128.          Kurylas, Inc. DBA Imperial Inn, 100 St. Joseph Street for a Retail (On-Sale) Liquor License and Sunday Opening

129.          Fresch, Inc. DBA Joe’s Place, 4302 S. Highway 79 for a Retail (On-Sale) Liquor License and Sunday Opening

130.          Kelly’s Sports Lounge II, Inc. DBA Kelly’s Sports Lounge, 318 – 320 East Boulevard for a Retail (On-Sale) Liquor License and Sunday Opening

131.          Kelly’s Sports Lounge, Inc. DBA Kelly’s Sports Lounge, 825 Jackson Boulevard for a Retail (On-Sale) Liquor License and Sunday Opening

132.          Hungry's Restaurants, Inc. DBA Marlin’s Roadhouse Grill, 2803 Deadwood Avenue for a Retail (On-Sale) Liquor License and Sunday Opening

133.          Meadowood Lounge, Inc. DBA Meadowood Lounge, 3809 Sturgis Road for a Retail (On-Sale) Liquor License and Sunday Opening

134.          WR Rapid City Ventures, LP DBA Minerva’s Restaurant & Bar, 2211 N. LaCrosse Street for a Retail (On-Sale) Liquor License and Sunday Opening

135.          Loyal Order of Moose DBA Moose, 841 St. Patrick Street for a Retail (On-Sale) Liquor License and Sunday Opening

136.          George Motor & Supply Company DBA Murphy’s Bar, 510 Ninth Street for a Retail (On-Sale) Liquor License and Sunday Opening

137.          Oasis Lounge, Inc. DBA Oasis Lounge, 711 Main Street for a Retail (On-Sale) Liquor License (NO SUNDAY SALE)

138.          GMRI, Inc. DBA Olive Garden Italian Restaurant, 160 Disk Drive for a Retail (On-Sale) Liquor License and Sunday Opening

139.          Outback Midwest II, LP DBA Outback Steakhouse, 665 E. Disk Drive for a Retail (On-Sale) Liquor License and Sunday Opening

140.          Phatty McGees, Inc. DBA Phatty McGees, 321 Seventh Street for a Retail (On-Sale) Liquor License and Sunday Opening

141.          Beshara Enterprises, Inc. DBA Pirate’s Table, 3550 Sturgis Road for a Retail (On-Sale) Liquor License and Sunday Opening

142.          Viper, LLC DBA Quality Inn, 1902 LaCrosse Street for a Retail (On-Sale) Liquor License and Sunday Opening

143.          Shiba Investments, Inc. DBA Radisson, 445 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

144.          Fraternal Order of Eagles DBA Rapid City Aerie #3555, 410 Centre Street for a Retail (On-Sale) Liquor License and Sunday Opening

145.          GMRI, Inc. DBA Red Lobster Restaurant, 120 Disk Drive for a Retail (On-Sale) Liquor License and Sunday Opening

146.          Entertainment, Inc. DBA Robbinsdale Lounge, 803 E. St. Patrick Street for a Retail (On-Sale) Liquor License and Sunday Opening

147.          Fox Family Enterprises, Inc. DBA Rodeway Inn, 2208 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

148.          Rushmore Cuisine, Inc. DBA Ruby Tuesday, 2709 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

149.          Steven C. Lester LLC DBA Rushmore Plaza Holiday Inn, 505 N. Fifth Street for a Retail (On-Sale) Liquor License and Sunday Opening

150.          VFW DBA Rushmore Post 1273, 420 Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

151.          Sanford’s Grub & Pub SD, Inc. DBA Sanford’s Grub & Pub, 306 Seventh Street for a Retail (On-Sale) Liquor License and Sunday Opening

152.          Shooters, Inc. DBA Shooters, 2424 West Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

153.          A.J., Inc. DBA Shotgun Willie’s, 2808 West Main for a Retail (On-Sale) Liquor License and Sunday Opening

154.          Sioux Restaurants, LLC DBA TGI Fridays, 2205 N. LaCrosse Street for a Retail (On-Sale) Liquor License and Sunday Opening

155.          Lester & Webb Enterprises, LLC DBA South City Tavern & Grille, 640 E. St. Patrick Street for a Retail (On-Sale) Liquor License and Sunday Opening

156.          Western Dakota Gaming, Inc. DBA Valley Sports Bar, 1865 S. Valley Drive for a Retail (On-Sale) Liquor License and Sunday Opening

157.          Dublin Square, Inc. DBA Dublin Square, 504 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

158.          TADY LLC DBA Teddy's Sports Bar, 826 Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

159.          Rushmore Plaza Civic Center Board DBA Rushmore Plaza Civic Center, 444 Mt. Rushmore Road North for a Retail (On-Sale) Liquor License and Sunday Opening

160.          Atlantis LLC DBA Fairfield Inn & Suites by Marriott, 1314 North Elk Vale Road for a Retail (On-Sale) Liquor License and Sunday Opening

161.          Sharaf Properties LLC DBA Sharaf Properties, 4507 S. Interstate 90 Service Road for a Retail (On-Sale) Liquor License (NO SUNDAY SALE)

162.          LaCroix Investments, Inc. DBA Time Out Lounge, 615 E. North Street for a Retail (On-Sale) Liquor License and Sunday Opening

Retail (On-Sale) Wine License Renewal for 2009

163.          Botticelli Ristorante, Inc. DBA Botticelli Ristorante, 523 Main Street for a Retail (On-Sale) Wine License

164.          Robert W. Johnson DBA Canyon Lake Pub & Casino, 4116 Jackson Boulevard for a Retail (On-Sale) Wine License

165.          Mae Jean Adams DBA The Corn Exchange, 727 Main Street for a Retail (On-Sale) Wine License

166.          S&Y, Inc. DBA The Golden Phoenix, 2421 West Main Street for a Retail (On-Sale) Wine License

167.          Yeung, Inc. DBA Great Wall Chinese Restaurant, 315 E. North Street for a Retail (On-Sale) Wine License

168.          Chrisbro, LLC DBA Hampton Inn, 1720 Rapp Street for a Retail (On-Sale) Wine License

169.          Century Motels, Inc. DBA Howard Johnson Express Inn & Suites, 950 North Street for a Retail (On-Sale) Wine License

170.          Rhonda Berger DBA Ichiban, 1109 Omaha St., Ste. A for a Retail (On-Sale) Wine License

171.          Yeung, Inc. DBA Imperial Chinese Restaurant, 702 E. North Street for a Retail (On-Sale) Wine License

172.          Museum Alliance of Rapid City, Inc. DBA The Journey Museum, 222 New York Street for a Retail (On-Sale) Wine License

173.          Khoury’s Mediterranean Cuisine, Inc. DBA Khoury’s Mediterranean Cuisine, 2520 West Main Street for a Retail (On-Sale) Wine License

174.          Los Espinos LLC DBA LaCosta Mexican Restaurant, 603 Omaha Street for a Retail (On-Sale) Wine License

175.          WR Rapid City Ventures, LP DBA Oakleaf Beer Garden, 2213 LaCrosse Street for a Retail (On-Sale) Wine License

176.          Piesano’s Pacchia, Inc. DBA Piesano’s Pacchia, 3618 Canyon Lake Dr. #33 for a Retail (On-Sale) Wine License

177.          Mai T. Goodsell DBA Saigon Restaurant, 221 E. North Street for a Retail (On-Sale) Wine License

178.          Wine Cellar Restaurant, LLC DBA Wine Cellar Restaurant, 513 Sixth Street for a Retail (On-Sale) Wine License

179.          Frank Morrison DBA Thirsty’s, 819 Main Street for a Retail (On-Sale) Wine License

180.          Coco Palace LLC DBA Coco Palace, 1900 N. Maple Avenue for a Retail (On-Sale) Wine License

181.          609 Main, Inc. DBA Delmonico Grill, 609 Main Street for a Retail (On-Sale) Wine License

182.          GS Corp, Inc. DBA Casa Re’ al, 2315 1/2 Mt. Rushmore Road for a Retail (On-Sale) Wine License

183.          Leading Edge Management, LLC DBA Buffalo Wings and Rings, 5622 Sheridan Lake Road for a Retail (On-Sale) Wine License

184.          Black Hills Coffee Company DBA Black Hills Coffee Company, 5955 So Hwy 16 Ste G for a Retail (On-Sale) Wine License

185.          Gab Denk Kwak and Kaz Campillo DBA Hana Restaurant, 2328 West Main Street for a Retail (On-Sale) Wine License

186.          Central States Fair, Inc. DBA Central States Fair, 800 San Francisco Street for a Retail (On-Sale) Wine License

187.          Uncork'd Wine and Tapas Bar LLC DBA Uncork'd Wine and Tapas Bar, 5734 Sheridan Lake Road #107 for a Retail (On-Sale) Wine License

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

Package (Off-Sale) Liquor License Renewal for 2009

189.          Nauman Flying Service, Inc. DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd., #103 for a Package (Off-Sale) Liquor License

190.          B & L, Inc. DBA Boyd’s Liquor Mart, 909 E. St. Patrick Street for a Package (Off-Sale) Liquor License

191.          Mills Drug, Inc. DBA Boyd’s Liquor Mart, 1424 Mt. Rushmore Road for a Package (Off-Sale) Liquor License

192.          B & L, Inc. DBA Boyd’s Liquor Mart, 2001 W. Main Street, No. 202 for a Package (Off-Sale) Liquor License

193.          Derby Advertising, Inc. DBA Canyon Lake Chop House, 2720 Chapel Lane  for a Package (Off-Sale) Liquor License

194.          Canyon Lake Liquors, Ltd. DBA Canyon Lake Liquors, 4244 Canyon Lake Drive for a Package (Off-Sale) Liquor License

195.          Sully Enterprises, LLC DBA Common Cents, 2808 Sheridan Lake Road for a Package (Off-Sale) Liquor License

196.          Sully Enterprises, LLC DBA Common Cents, 634 E. North Street for a Package (Off-Sale) Liquor License

197.          Debra J. Erickson DBA Corner Pantry-LaCrosse St., 2130 LaCrosse Street for a Package (Off-Sale) Liquor License

198.          Dakotas Best & Brown Bag Deli, Inc. DBA Dakota’s Best & Brown Bag Deli, 818 Main Street for a Package (Off-Sale) Liquor License

199.          Yellow Robe Enterprises, LLC DBA Dacotah Liquors, 418 Knollwood Drive for a Package (Off-Sale) Liquor License

200.          Bach Investments, Inc. DBA Hideaway Casino, 1575 N. LaCrosse Street, Ste. D for a Package (Off-Sale) Liquor License

201.          Cortez LLC DBA Hotel Alex Johnson, 523 Sixth Street for a Package (Off-Sale) Liquor License

202.          Retsel Corp. DBA Ramada Inn Package Store, 1721 N. LaCrosse Street for a Package (Off-Sale) Liquor License

203.          Smith's Liquor Gallery Inc. DBA Smith’s Liquor Gallery, 2218 Jackson Blvd., Ste. 1 for a Package (Off-Sale) Liquor License

204.          Sooper Dooper Markets, Inc. DBA Sooper Dooper #1, 913 E. St. Patrick for a Package (Off-Sale) Liquor License

205.          Staple & Spice Market, Inc. DBA Staple & Spice Market, 601 Mt. Rushmore Road for a Package (Off-Sale) Liquor License

206.          Thrifty Smoke Shop, Inc. DBA Thrifty Smoke Shop, 718 East St. Patrick Street for a Package (Off-Sale) Liquor License

207.          Thrifty Smoke Shop, Inc. DBA Thrifty Smoke Shop III, 3030 W. Main Street, Ste. B for a Package (Off-Sale) Liquor License

208.          Carol Enterprises, Inc. DBA Valley Liquor, 747 Timmons Blvd. for a Package (Off-Sale) Liquor License

209.          Orris Enterprises, Inc. DBA Vino 100, 520 7th St., #520 for a Package (Off-Sale) Liquor License

210.          Lily Corp DBA Flowers by LeRoy, 2016 West Main Street for a Package (Off-Sale) Liquor License

211.          Botticelli Ristorante, Inc. DBA Botticelli Ristorante, 523 Main Street for a Package (Off-Sale) Liquor License

212.          Fat Boy's, Inc. DBA Firehouse Brewing Co., 610 Main Street for a Package (Off-Sale) Liquor License

213.          Steven C. Lester DBA Rushmore Plaza Holiday Inn, 505 N. 5th Street for a Package (Off-Sale) Liquor License

214.          Carol Enterprises, Inc. DBA Don's Valley Express #2, 3343 N. Haines Avenue for a Package (Off-Sale) Liquor License

215.          LaCroix Investments, Inc. DBA Bus’s Bottle Shop, 615 E. North Street for a Package (Off-Sale) Liquor License

Assessment Rolls

216.          No. LF102908-12 – Approve Resolution Levying Corrected Assessment for Cleanup of Miscellaneous Property

217.          No. LF102908-10 - Approve Resolution Levying Assessment for Cleanup of Miscellaneous Property

Other Items Requiring Public Hearings

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 218 - 234

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

219.          No. 08CA035 - A request by the City of Rapid City to consider an application for an Amendment to the Comprehensive Plan adopting the Sheridan Lake Road Neighborhood Area Future Land Use Plan on property legally described as portions of Sections 10, 11, 12, 13, Township 1 North, Range 6 East, Pennington County, South Dakota; all of Sections 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36, Township 1 North, Range 6 East, Pennington County, South Dakota; and portions of Sections 2, 3, 8, 9, 10, 11, 15, 18, and 33, Township 1 North, Range 7 East, Pennington County, South Dakota; all of Sections 16, 17, 19, 20, 21, 28, 29, 30, 31, 32, Township 1 North, Range 7 East, Pennington County, South Dakota; portions of Sections 1, 3, 10, 11, and 12, Township 1 South, Range 6 East, Pennington County, South Dakota; all of Section 2, Township 1 South, Range 6 East, Pennington County, South Dakota; and portions of Sections 4, 5, and 6, Township 1 South, Range 7 East, Pennington County, South Dakota, more generally described as being located south of Jackson Boulevard, west of Skyline Drive, north of Spring Creek and east of Hisega Road extending south along the section line to Burgess Road, Pennington County, South Dakota.

220.          No. 08CA036 - A request by the City of Rapid City to consider an application for an Amendment to the Comprehensive Plan to revise the Major Street Plan by eliminating, adding and realigning arterial and collector streets in the Sheridan Lake Road Neighborhood Area on property legally described as portions of Sections 10, 11, 12, 13, Township 1 North, Range 6 East, Pennington County, South Dakota; all of Sections 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, and 36, Township 1 North, Range 6 East, Pennington County, South Dakota; and portions of Sections 2, 3, 8, 9, 10, 11, 15, 18, and 33, Township 1 North, Range 7 East, Pennington County, South Dakota; all of Sections 16, 17, 19, 20, 21, 28, 29, 30, 31, 32, Township 1 North, Range 7 East, Pennington County, South Dakota; portions of Sections 1, 3, 10, 11, and 12, Township 1 South, Range 6 East, Pennington County, South Dakota; all of Section 2, Township 1 South, Range 6 East, Pennington County, South Dakota; and portions of Sections 4, 5, and 6, Township 1 South, Range 7 East, Pennington County, South Dakota, more generally described as being located south of Jackson Boulevard, west of Skyline Drive, north of Spring Creek and east of the section line between Sections 9 and 10, Sections 21 and 22, Sections 27 and 28, and Sections 33 and 34, Township 1 North, Range 6 East, and east of Hisega Road extending south along the section line to Burgess Road, Pennington County, South Dakota.

221.          No. 08CA041 - A request by FMG, Inc. for Northwestern Engineering to consider an application for a Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by relocating a proposed minor arterial street on the N1/2 and SW1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east and west of Sturgis Road and north of West Chicago Street.

222.          No. 08CA040 - A request by Britton Engineering & Land Surveying for Steve Wynia of Wyngaard Investments and the City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Commercial to Industrial on Lot 9 of Cambell Square Addition, located in Government Lot 4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1410 Centre Street.

223.          No. 08PD052An appeal of the Planning Commission’s decision on a request by Jay Schmierer for Mandalay Homes for a Major Amendment to a Planned Residential Development on Lot 13 of Block 2 of Red Rock Meadows Subdivision, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6446 Cog Hill Lane.

224.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, sidewalk, water, sewer and pavement along Sammis Trail and the section line highway as they abut 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.  (08SV007)

225.          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.

226.          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.

227.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sewer along the eastern 37 feet of Lot 9, Block 4 of H & H Estates Subdivision as it abuts Hacienda Street. (08SV052)

228.          No. 08SV052 - A request by Jerry Wendland for Lyle Bromwich for a Variance to the Subdivision Regulations to waive the requirement to install sewer along a portion of Hacienda Street as per Chapter 16.16 of the Rapid City Municipal Code 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 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 NE1/4 SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located northeast of the Intersection of Hacienda Street and Williams Street and west of Plateau Lane.

229.          No. 08SV053 - A request by Matt Benne for Angie Charlson for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Cliff Drive and to reduce the pavement width from 27 feet to 20 feet and 18 feet along Cliff Drive; to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the 30 foot wide private roadway easement, to reduce the pavement width from 20 feet to 12 feet along the 30 foot wide private roadway easement and to reduce the width of the private roadway easement from 45 feet to 30 feet; to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the 40 foot wide access and utility easement and to reduce the width of the access and utility easement from 45 feet to 40 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B, C and D of Lot 4R of Block 15 of Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 4R in Block 15 of Canyon Lake Heights Subdivision, as shown on the plat filed in Plat Book 28, Page 87 and as corrected by Affidavit recorded December 17, 1997 in Book 69, Page 9640, located in the SE1/4 SE1/4, Section 8 and the SW1/4 SW1/4, Section 9, all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4560 Cliff Drive.

230.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the section line highway, N. 44th Street, Meadowwood Drive and the existing 40 foot wide right-of-way as they abut Tract A, Lot K and Lot 1 of Tract B all of Meadowwood Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of North 44th Street between City Springs Road and Sturgis Road. (08SV055)

231.          No. 08SV055 - A request by FMG, Inc. for Northwestern Engineering for a Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the Section Line Highway, to reduce the right-of-way width from 100 feet to 80 feet and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, sewer and water along North 44th Street, to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, sewer and water along Meadowwood Drive, and, to reduce the right-of-way width from 59 feet to 40 feet, to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, sewer and water along the existing 40 foot wide right-of-way as it abuts the east lot line of the property and to waive the requirement that an unusable reserve strip be prohibited as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3 of GFP Subdivision and dedicated Right-of-way for Meadowwood Drive and North 44th Street, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A, Lot K and Lot 1 of Tract B all of Meadowwood Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of North 44th Street between City Springs Road and Sturgis Road.

232.          No. 08RZ044 - Second Reading, Ordinance No. 5452, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Britton Engineering & Land Surveying for Steve Wynia of Wyngaard Investments and the City of Rapid City for a Rezoning from General Commercial District to Light Industrial District on Lot 9 of Cambell Square Addition, located in Government Lot 4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1410 Centre Street.

233.          No. 08RZ045 - Second Reading, Ordinance No. 5453, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Pennington County and City of Rapid City for a Rezoning from Park Forest District to Flood Hazard District on Lot 1A of Block 3 of Jackson Park, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Chapel Lane and south of Jackson Boulevard.

234.          No. 08RZ046 - Second Reading, Ordinance No. 5454, 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 Tract 20 of High View Subdivision, located in the NE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1445 Sammis Trail.

BILLS

235.          No. CC120108-01 – Bill List for December 1, 2008 

EXECUTIVE SESSION permitted by SDCL 1-25-2 

STAFF DIRECTION 

ADJOURN