proceedings of the city council rapid city, south dakota...

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota

December 3, 2007

Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Rapid City was held at the City/School Administration Center in Rapid City, South Dakota on Monday, December 3, 2007 at 7:00 P.M. The following members were present: Mayor Alan Hanks and the following Alderpersons: Lloyd LaCroix, Tom Johnson, Deb Hadcock, Bob Hurlbut, Bill Okrepkie, Malcom Chapman, Ron Weifenbach, Karen Olson, Ron Kroeger, and Sam Kooiker; and the following Alderpersons arrived during the course of the meeting: None; and the following were absent: None. Staff members present included Finance Officer Jim Preston, City Attorney Jason Green, Development Services Coordinator Bob Dominicak, Public Works Director Dirk Jablonski, Fire Chief Gary Shepherd, Police Chief Steven Allender, and Administrative Coordinator Jackie Gerry. ADOPTION OF AGENDA The following items were added to the agenda:

• Authorize the Mayor to sign a letter of support for the Community Health Center of the Black Hills, Alderman Okrepkie

• General Beadle Elementary School Open House, Alderman LaCroix • Christmas Lights Report, Alderman Hadcock • Library Update, Alderman Kooiker

Hadcock moved, second by Olson and carried to adopt the agenda as amended. APPROVE MINUTES Okrepkie moved, second by Chapman and carried to approve the minutes of November 19, 2007 and November 28, 2007 special Council meeting. GENERAL PUBLIC COMMENT Mayor Hanks acknowledged Bob DeMersseman, who gave a brief economic development update. DeMersseman extended an invitation to the Council to attend an open house on December 11, 2007 and witness the new technologies that are being taken to commercialization. He explained that they have attracted three new tenants in the incubator and within the last three weeks have met with three potential tenants. DeMersseman report that within the past three months the Rapid Fund has made two loans to contractors/manufacturers within the Rapid City area. He reported that they have been working with the State on marketing and trade shows. DeMersseman told of Black Hills Corporation’s commitment to move forward with the acquisition of companies that will expand their client base. Mayor Hanks acknowledged Crystal Jordan, CEO for Community Health Center of the Black Hills, who explained that the Rapid City Area School District has built a school-based clinic and

CITY COUNCIL DECEMBER 3, 2007

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contracted with the Community Health Center to operate the clinic. In support of this school-based clinic, Jordan indicated they are sending a request to their primary funding source to allow them to open a new access point and to fund for the new access point. Jordan explained that their provider is requesting a letter of support from the City of Rapid City, supporting the application to the federal government. Okrepkie moved, second by Hadcock to authorize the Mayor to sign a letter of support for the Community Health Center of the Black Hills. Responding to a request from Alderman Kroeger, Jordan explained that in 2006, 13,000 people were seen at the Clinic, which resulted in an estimated 30,000 patient-visits. Of the 13,000 users, forty percent are uninsured, which means they receive care on a sliding-fee scale. Jordan explained that their federal grant covers the discount given by the Clinic. Upon a vote taken on the motion to approve, motion carried. NON-PUBLIC HEARING ITEMS -- Items 2 - 74 Hadcock moved, second by LaCroix and carried to open public comment on Items 2 – 55. No comments were offered. Okrepkie moved, second by Chapman and carried to close public comment on Items 2 – 55. CONSENT ITEMS – Items 2 - 55 The following items were removed from the Consent Items: 22. No. PW112707-07 – Approve Change Order No. 3F for Downtown Area Improvements, Phase I - Kansas City Street, 8th Street to 5th Street Project No. ST04-1077 / CIP No. 50132 to Heavy Constructors, Inc. for a decrease of $214,075.74 43. No. LF112807-09 – Approve Resolution Establishing Technology Allowance Okrepkie moved, second by Olson and carried to approve the following items as they appear on the Consent Items. Alcoholic Beverage License Applications Set for Hearing (December 17, 2007)

Retail (On-Sale) Liquor License Renewal for 2008 2. Fat Boys, Inc. DBA Firehouse Brewing Company, 610 Main Street for a Retail (On-Sale)

Liquor License and Sunday Opening 3. Phatty McGees, Inc. DBA Phatty McGees, 321 Seventh Street for a Retail (On-Sale)

Liquor License and Sunday Opening 4. VFW DBA Rushmore Post 1273, 420 Main Street for a Retail (On-Sale) Liquor License

and Sunday Opening 5. Luke Lester Investments, LLC DBA The Stampede, 640 E. St. Patrick Street for a Retail

(On-Sale) Liquor License and Sunday Opening

Retail (On-Sale) Wine License Renewal for 2008 6. CEC Entertainment, Inc. DBA Chuck E Cheese’s, 30 Knollwood Drive for a Retail (On-

Sale) Wine License 7. Dan Trieu Ly DBA Gold Fortune, 1204 East North Street for a Retail (On-Sale) Wine

License 8. Chrisbro, LLC DBA Hampton Inn, 1720 Rapp Street for a Retail (On-Sale) Wine License


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9. Li Zhu Zhu DBA Coco Palace, 1900 N. Maple Avenue for a Retail (On-Sale) Wine License

10. 609 Main, Inc. DBA Delmonico Grill, 609 Main Street for a Retail (On-Sale) Wine License

Package (Off-Sale) Liquor License Renewal for 2008 11. Dakotas Best & Brown Bag Deli, Inc. DBA Dakota’s Best & Brown Bag Deli, 818 Main

Street for a Package (Off-Sale) Liquor License 12. Staple & Spice Market, Inc. DBA Staple & Spice Market for a Package (Off-Sale) Liquor

License 13. Thrifty Smoke Shop, Inc. DBA Thrifty Smoke Shop, 718 East St. Patrick Street for a

Package (Off-Sale) Liquor License 14. Thrifty Smoke Shop, Inc. DBA Thrifty Smoke Shop III, 3030 W. Main Street, Ste. B for a

Package (Off-Sale) Liquor License 15. Orris Enterprises, Inc. DBA Vino 100, 520 Seventh Street, Ste. 520 for a Package (Off-

Sale) Liquor License 16. Fat Boy’s, Inc. DBA Firehouse Brewing Co., 610 Main Street for a Package (Off-Sale)

Liquor License Public Works Committee Consent Items 17. No. PW112707-01 – Approve Change Order No. 3F for IDP06-1555 Rushmore Plaza

Civic Center Multipurpose Addition – Bid Package #1 to Heavy Constructors, Inc. dba Gustafson Builders for a decrease of $7,957.00

18. No. PW112707-02 – Approve Change Order No. 2 for IDP06-1555 Rushmore Plaza Civic Center Multipurpose Addition – Bid Package #2 to Sampson Construction, Inc. for an increase of $5,653.00

19. No. PW112707-03 - Approve Change Order No. 1F for Canyon Lake Drive City Sidewalk 2007 Project No. ST07-1667 / CIP No. 50691 to Timber Ridge Construction for an increase of $3,114.58

20. No. PW112707-04 – Approve Change Order No. 1F for 2007 Street Marking Contract Project No. PM07-1616 / CIP No. 50593 to United Rentals Highway Technologies, Inc. for an increase of $4,832.85

21. No. PW112707-05 – Approve Change Order No. 1F for Elk Street Drainage Improvements Project No. ST05-1621 / CIP No. 50597 to Highmark, Inc. for an increase of $1,023.30

23. No. PW112707-10 – Authorize the Mayor and Finance Officer to sign Covenant agreements between City of Rapid City and Wal-East and By-Pass LLC for the construction of Elk Vale Road

24. No. PW112707-11 – Authorize the Mayor and Finance Office to sign a Professional Services Agreement with Baffuto Architecttura for design and construction administration of a maintenance shop at the Parks Division headquarters on Canyon Lake Drive / CIP #50092 for an amount not to exceed $71,350.00

25. No. PW112707-12 – Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Westview Estates Phase III

CONSTRUCTION FEE RESOLUTION WHEREAS, Rapid City Municipal Code Section 13.04.095 and SDCL Section 9-47-16 allows the Common Council to impose water construction fees for connection to the water utility in certain areas; and


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WHEREAS, a water main has been extended in the Westview Estates Phase III per plans filed with the City under City Development File No. Dev96-265: Westview Estates Phase III as shown on Exhibit A, attached hereto and incorporated hereto; and WHEREAS, the City has requested the developer to install a 12” water main to provide additional capacity to accommodate future upstream growth, and the City has paid the developer $2,506.17 for the requested oversizing; and WHEREAS, water oversize costs associated with the Westview Estates Phase III, City Development File No. Dev96-265 should be proportioned according to the benefit each property receives; and WHEREAS, the water oversize costs for the 12” water main totaling $2,506.17 will be proportioned to the properties identified in Exhibit A according to the benefits to accrue to such property before such property shall be served with such facilities; and WHEREAS, these utility construction fees are based on the benefits that accrue to such property, and should be established on a per-acre system. “Benefiting areas” include those properties that will benefit from a water increase in diameter to service the regional area, and do not necessarily directly abut the newly constructed water main. Thus, these properties may need to extend additional water mains at their cost prior to connecting to this infrastructure; and WHEREAS, the Common Council finds, after conducting a comprehensive investigation of the areas benefited by the construction of the water main associated with the Westview Estates Phase III, City Development File No. Dev96-265, that such utility construction fees are appropriate and in the best interest of the City, community, and the water utility. NOW, THEREFORE, be it resolved that utility construction fees are hereby imposed on the property that benefits from the oversize portion of the construction of the water main associated with Westview Estates Phase III, City Development File No. Dev96-265; and BE IT FURTHER RESOLVED that the property shown in Exhibit A shall be required to pay its proportional share of the oversize cost of construction of the water main associated with Westview Estates Phase III, City Development File No. Dev96-265 prior to being served with City water; and BE IT FURTHER RESOLVED that the property shown in Exhibit A as benefiting property shall pay $21.22 per acre prior to connection to the City’s water main; and BE IT FURTHER RESOLVED that all water construction fees collected as established herein shall accrue to the water utility enterprise fund; and BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling $2,506.17 is collected, at which time this Resolution and the utility construction fee shall automatically expire.


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Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

26. No. PW112707-13 – Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Creek Drive Extension

CONSTRUCTION FEE RESOLUTION WHEREAS, Rapid City Municipal Code Section 13.04.095 and SDCL Section 9-47-16 allows the Common Council to impose water construction fees for connection to the water utility in certain areas; and WHEREAS, a water main has been extended along Creek Drive per plans filed with the City under City Development File No. Dev05-751: Creek Drive Extension as shown on Exhibit A, attached hereto and incorporated hereto; and WHEREAS, the City has requested the developer to install a 12” water main to provide additional capacity to accommodate future upstream growth, and the City has paid the developer $17,152.89 for the requested oversizing; and WHEREAS, water oversize costs associated with the Creek Drive Extension, City Development File No. Dev05-751 should be proportioned according to the benefit each property receives; and WHEREAS, the water oversize costs for the 12” water main totaling $17,152.89 will be proportioned to the properties identified in Exhibit A according to the benefits to accrue to such property before such property shall be served with such facilities; and WHEREAS, these utility construction fees are based on the benefits that accrue to such property, and should be established on a per-acre system. “Benefiting areas” include those properties that will benefit from a water increase in diameter to service the regional area, and do not necessarily directly abut the newly constructed water main. Thus, these properties may need to extend additional water mains at their cost prior to connecting to this infrastructure; and WHEREAS, the Common Council finds, after conducting a comprehensive investigation of the areas benefited by the construction of the water main associated with the Creek Drive Extension, City Development File No. Dev05-751, that such utility construction fees are appropriate and in the best interest of the City, community, and the water utility. NOW, THEREFORE, be it resolved that utility construction fees are hereby imposed on the property that benefits from the oversize portion of the construction of the water main associated with Creek Drive Extension, City Development File No. Dev05-751; and


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BE IT FURTHER RESOLVED that the property shown in Exhibit A shall be required to pay its proportional share of the oversize cost of construction of the water main associated with Creek Drive Extension, City Development File No. Dev05-751 prior to being served with City water; and BE IT FURTHER RESOLVED that the property shown in Exhibit A as benefiting property shall pay $601.75 per acre prior to connection to the City’s water main; and BE IT FURTHER RESOLVED that all water construction fees collected as established herein shall accrue to the water utility enterprise fund; and BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling $17,152.89 is collected, at which time this Resolution and the utility construction fee shall automatically expire. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

27. No. PW112707-14 – Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for the Aamco Transmission Water Main Extension

CONSTRUCTION FEE RESOLUTION WHEREAS, Rapid City Municipal Code Section 13.04.095 and SDCL Section 9-47-16 allows the Common Council to impose water construction fees for connection to the water utility in certain areas; and WHEREAS, a water main has been extended in the Aamco Transmissions Water Main Extension per plans filed with the City under City Development File No. Dev96-254: Aamco Transmissions Water Main Extension as shown on Exhibit A, attached hereto and incorporated hereto; and WHEREAS, the City has requested the developer to install a 10” water main to provide additional capacity to accommodate future upstream growth, and the City has paid the developer $3,136.36 for the requested oversizing; and WHEREAS, water oversize costs associated with the Aamco Transmissions Water Main Extension, City Development File No. Dev96-254 should be proportioned according to the benefit each property receives; and


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WHEREAS, the water oversize costs for the 10” water main totaling $3,136.36 will be proportioned to the properties identified in Exhibit A according to the benefits to accrue to such property before such property shall be served with such facilities; and WHEREAS, these utility construction fees are based on the benefits that accrue to such property, and should be established on a per-acre system. “Benefiting areas” include those properties that will benefit from a water increase in diameter to service the regional area, and do not necessarily directly abut the newly constructed water main. Thus, these properties may need to extend additional water mains at their cost prior to connecting to this infrastructure; and WHEREAS, the Common Council finds, after conducting a comprehensive investigation of the areas benefited by the construction of the water main associated with the Aamco Transmissions Water Main Extension, City Development File No. Dev96-254, that such utility construction fees are appropriate and in the best interest of the City, community, and the water utility. NOW, THEREFORE, be it resolved that utility construction fees are hereby imposed on the property that benefits from the oversize portion of the construction of the water main associated with Aamco Transmissions Water Main Extension, City Development File No. Dev96-254; and BE IT FURTHER RESOLVED that the property shown in Exhibit A shall be required to pay its proportional share of the oversize cost of construction of the water main associated with Aamco Transmissions Water Main Extension, City Development File No. Dev96-254 prior to being served with City water; and BE IT FURTHER RESOLVED that the property shown in Exhibit A as benefiting property shall pay $87.07 per acre prior to connection to the City’s water main; and BE IT FURTHER RESOLVED that all water construction fees collected as established herein shall accrue to the water utility enterprise fund; and BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling $3,136.36 is collected, at which time this Resolution and the utility construction fee shall automatically expire. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

28. No. PW112707-15 – Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for the Enchanted Hills Water Main Extension


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CONSTRUCTION FEE RESOLUTION WHEREAS, Rapid City Municipal Code Section 13.04.095 and SDCL Section 9-47-16 allows the Common Council to impose water construction fees for connection to the water utility in certain areas; and WHEREAS, a water main has been extended in the Enchanted Hills Water Main Extension per plans filed with the City under City Development File No. Dev96-254: Enchanted Hills Water Main Extension as shown on Exhibit A, attached hereto and incorporated hereto; and WHEREAS, the City has requested the developer to install a 10” water main to provide additional capacity to accommodate future upstream growth, and the City has paid the developer $3,362.62 for the requested oversizing; and WHEREAS, water oversize costs associated with the Enchanted Hills Water Main Extension, City Development File No. Dev96-254 should be proportioned according to the benefit each property receives; and WHEREAS, the water oversize costs for the 10” water main totaling $3,362.62 will be proportioned to the properties identified in Exhibit A according to the benefits to accrue to such property before such property shall be served with such facilities; and WHEREAS, these utility construction fees are based on the benefits that accrue to such property, and should be established on a per-acre system. “Benefiting areas” include those properties that will benefit from a water increase in diameter to service the regional area, and do not necessarily directly abut the newly constructed water main. Thus, these properties may need to extend additional water mains at their cost prior to connecting to this infrastructure; and WHEREAS, the Common Council finds, after conducting a comprehensive investigation of the areas benefited by the construction of the water main associated with the Enchanted Hills Water Main Extension, City Development File No. Dev96-254, that such utility construction fees are appropriate and in the best interest of the City, community, and the water utility. NOW, THEREFORE, be it resolved that utility construction fees are hereby imposed on the property that benefits from the oversize portion of the construction of the water main associated with Enchanted Hills Water Main Extension, City Development File No. Dev96-254; and BE IT FURTHER RESOLVED that the property shown in Exhibit A shall be required to pay its proportional share of the oversize cost of construction of the water main associated with Enchanted Hills Water Main Extension, City Development File No. Dev96-254 prior to being served with City water; and BE IT FURTHER RESOLVED that the property shown in Exhibit A as benefiting property shall pay $70.33 per acre prior to connection to the City’s water main; and


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BE IT FURTHER RESOLVED that all water construction fees collected as established herein shall accrue to the water utility enterprise fund; and BE IT FURTHER RESOLVED that such utility construction fees shall remain in effect until such time as the balance of the project costs totaling $3,362.62 is collected, at which time this Resolution and the utility construction fee shall automatically expire. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

29. No. PW112707-16 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for final design of the Elk Vale Low Level Reservoir for an amount not to exceed $397,360.00

30. No. PW112707-17 – Authorize the Mayor and Finance Officer to sign a Professional Engineering Services Agreement with Burns and McDonnell Engineering Co., Inc., for the City of Rapid City Water Treatment Plant Upgrades - Phases 2A & 2B - City Project No. W07-1689 / CIP #50696 for an amount not to exceed $419,381.00

31. No. PW112707-18 – Authorize the Mayor and Finance Officer to sign Utility Certificate with South Dakota Department of Transportation for East Mall Drive Connection from LaCrosse Street to East North Street Project No. ST06-1334b / CIP #50521 / EM1608(3), PCN 012F

32. No. 07VE029 - Deny without prejudice, a Vacation of Access Easement for petitioner Sperlich Consulting, Inc. for Dean Kelly Construction on Lot 8R of Flannery Subdivision No. 2, located in the NW1/4 of the NE1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4944 Ireland Place, with the stipulation that prior to issuance of a Certificate of Occupancy for the resident, the applicant shall record the required easement at the Register of Deeds office as previously approved as part of the Final Plat or an alternative emergency vehicle access easement shall be submitted for review and approval and recorded at the Register of Deeds office.

33. No. 07CA054 - Approve with stipulations, a request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by relocating a collector street in NW1/4, Section 34, T2N, R8E, and that part of the S1/2 SW1/4 lying south of the Railroad Right-of-way, Section 27, T2N, R8E, BHM, Pennington County, South Dakota, more generally described as being located east of North Elk Vale Road and west of North Reservoir Road between Cheyenne Boulevard and East Anamosa Street.

RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY


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WHEREAS, the Rapid City Planning Commission has reviewed the proposed amendment to the Comprehensive Plan and made a recommendation to the Rapid City Council; and WHEREAS, the Rapid City Council held a public hearing on the 3rd of December 2007, at which they considered the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan; and WHEREAS, the proposed Amendment to the Comprehensive Plan would revise the Major Street Plan by relocating a collector street, in the NW1/4, Section 34, T2N, R8E, and that part of the S1/2 SW1/4 lying south of the Railroad Right-of-way, Section 27, T2N, R8E, BHM, Pennington County, South Dakota; and WHEREAS, it appears that good cause exists to amend the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the Comprehensive Plan be revised to amend the Major Street Plan by relocating a collector street, in NW1/4, Section 34, T2N, R8E, and that part of the S1/2 SW1/4 lying south of the Railroad Right-of-way, Section 27, T2N, R8E, BHM, Pennington County, South Dakota as attached to the original hereof and that such amendment be filed with the City Finance Office. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

Legal & Finance Committee Consent Items 34. No. LF112807-03 – Confirm appointment of Jim Smoragiewicz to the Parks & Recreation

Advisory Board 35. Acknowledge the report regarding right of way issues 36. No. LF112807-04 - Acknowledge the options regarding committee substitute members

and recommend no change to the City Council 37. No. LF112807-06 – Acknowledge Capital Improvements Program Committee Monthly

Update for November 2007 38. No. LF112807-07 – Approve 2007 Capital Plan for Streets, Drainage and MIP Projects

for November 2007 39. No. LF112807-08 – Approve purchase of a 2008 Dodge Durango from Dodge Town

under State Contract No. 15272 in the amount of $28,020 for the Police Department 40. No. LF112807-21 - Approve Travel Request for Stephen Neavill to attend Backster

School of Lie Detection in San Diego, CA, February 8, 2008, through April 6, 2008, in the approximate amount of $13,350

41. No. LF112807-19 – Approve request for authorization to use funds from part-time benefited planner position (Transportation Planning Budget No. 706) for consultant services contract and authorization to prepare request for proposals


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42. No. 07TI020 - Approve a request by City of Rapid City to consider an application for a Revised Project Plan for Tax Increment District No. 42 - Elk Vale Water / Timmons Blvd on NE1/4NE1/4 less Right-of-way, GL2, SW1/4NE1/4, N1/2GL3, GL 4 less ROW, E1/2SW1/4NW1/4, S1/2GL3 less Big Sky Subdivision, SE1/4NW1/4 less Big Sky Subdivision, W1/2SW1/4NW1/4 including private Drive and less ROW, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 and Lot 8 including ROW, Block 13, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 2, 3, 4, and 5 including ROW, Block 14, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, NE1/4SE1/4, NW1/4SE1/4, SW1/4SE1/4, SE1/4NW1/4, SW1/4NW1/4 less ROW, N1/2SW1/4 less ROW, S1/2SW1/4 less Lot 1 of Neff Subdivision #3 less ROW, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1, Neff Subdivision #3, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in SW1/4NW1/4, Lot H2 in SW1/4NW1/4, Lot H1 in W1/2SW1/4, Lot H2 in N1/2W1/2SW1/4, and Lot H3 in S1/2SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in N1/2 of Government Lot 4, Lot H3 in S1/2 of Government Lot 4, Lot H2 in W1/2SW1/4NW1/4, Lot H1 in NW1/4NW1/4, and Lot H1 in SW1/4NW1/4, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in E1/2NE1/4, Lot H2 in E1/2NE1/4, Lot H2 in E1/2SE1/4, and Lot H1 in SE1/4, all located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in NE1/4, and Lot H2 in Government Lot 1 and the SE1/4NE1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4NE1/4, Section 33, and SW1/4NW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4, Section 33 and SW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road between NE1/4 of Section 4 and NW1/4 of Section 3, all in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Homestead Drive and Degeest Street rights-of-way, located in the NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Elk Vale Road and north of Twilight Drive. RESOLUTION APPROVING THE REVISED PROJECT PLAN FOR TAX INCREMENT DISTRICT NUMBER FORTY TWO AS SUBMITTED BY THE RAPID CITY PLANNING COMMISSION WHEREAS the Council of the City of Rapid City has determined that it is in the best interest of the City to implement plans which promote economic development and growth in the City; and, WHEREAS the Council embraces the concept of Tax Increment Financing as a tool to encourage this desirable growth and redevelopment; and, WHEREAS there has been established Tax Increment District #42 – Elk Creek Water/Timmons Boulevard; and,


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WHEREAS the Council deems desirable to promote economic development and create jobs in the corporate limits of the City of Rapid City; and, WHEREAS the Revised Project Plan submitted helps make this development feasible by assisting with the development of a water reservoir; and, WHEREAS the use of Tax Increment Funding to promote this development is in keeping within the statutes adopted by the South Dakota State Legislature; and, WHEREAS there has been developed a Revised Project Plan for this Tax Increment District which proposes this improvement; and, WHEREAS the Council has considered the Revised Project Plan submitted by the Planning Commission and determined that the Revised Project Plan for Tax Increment District #42 – Elk Creek Water/Timmons Boulevard is economically feasible; and, WHEREAS the Council has further determined that this Revised Project Plan is in conformity with the adopted Comprehensive Plan, NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the Tax Increment District Revised Project Plan for Tax Increment District #42 – Elk Creek Water/Timmons Boulevard be and hereby is approved as submitted by the Rapid City Planning Commission. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

44. No. LF112807-10 - Approve Resolution Declaring Property Surplus for Police Department with the deletion of the 2005 Crown Victoria

RESOLUTION DECLARING PROPERTY SURPLUS WHEREAS the below-described property is no longer necessary, useful or suitable for municipal purposes NOW, THEREFORE, BE IT RESOLVED that the following property be declared surplus and disposed of according to state statutes, including disposal, sale or trade-in on new equipment: POLICE DEPARTMENT YEAR MAKE MODEL LICENSE SERIAL NUMBER


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2000 FORD CVC 1ND762 2FAFP71W3YX210855 2000 FORD CVC 6CC369 2FAFP71W6YX210851 2000 FORD CVC 2JR478 2FALP71W2VX150601 2003 FORD CVC CTY5320 2FAHP71W03X190730 1973 CHEV COMMAND POST N/A CPZ373V323848 1989 CHEV SUBURBAN 2JR481 1GNGV26K6KF177079 1992 CHEV CAPRICE CTY4837 1G1BL53E1NR142339 1993 CHEV CAPRICE 4BN094 1G1BL53E1PR132493 1994 FORD CVC 39H512 2FALP72WORX189837 1995 FORD CVC CTY3749 2FALP71W4SX143290 1995 CHEV VAN CTY1597 1GNGG35K4SF236020 1997 FORD CVC CTY3749 2FALP71W8VX150599 1999 FORD CVC 2JR483 2FAFP71W1XX173237 BE IT FURTHER RESOLVED that the Mayor and Finance Officer may do all acts necessary to dispose of this property according to state law. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

45. No. LF112807-12 – Approve Resolution Establishing Fees for Grave Spaces and Cemetery Services

RESOLUTION ESTABLIHSING FEES FOR GRAVE SPACES AND CEMETERY SERVICES

BE IT RESOLVED by the City Council of the City of Rapid City that the following rates for cemeteries are hereby established effective January 1, 2008: Opening and Closing Costs: Infant or Small Grave $230.00 Large Child $460.00 Adult or regular Grave $620.00 Cremain Grave $230.00 Surcharge for Saturday Opening or Closing $185.00 Monument Setting Fee $50.00 Disinterment Within Cemetery: Three time’s regular opening and closing cost. Removal from Cemetery: Twice regular opening and closing cost. Grave Space Costs: Pre-Need As-Need Single Adult Grave $580.00 $620.00


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Double Stack Grave $715.00 $770.00 Cremain Grave $295.00 $315.00 Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

46. No. LF112807-13 – Approve Resolution Establishing Rates for Rental of Park Shelters and Gazebo

Resolution Establishing Rates for Rental of Park Shelters and Gazebo

BE IT RESOLVED by the City of Rapid City that the following rates are established for use of park shelters and the Canyon Lake Gazebo, effective January 1, 2008: Park Shelter Fees: 8:00 A.M. to 10:00 A.M. (2 hours) $20.00 10:30 A.M. to 4:30 P.M. (5 1/2 hours) $50.00 4:30 P.M. to 10:00 P.M. (5 1/2 hours) $50.00 Canyon Lake Gazebo Fees: $20.00 per hour (2 hour minimum) Administrative Fee: A 30-day notice is required for cancellations. An administrative fee of $10.00 will be implemented for cancellations. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

47. No. LF112807-14 – Approve Resolution Establishing Rates for the Rapid City Aquatics Division

RESOLUTION ESTABLISHING RATES FOR THE RAPID CITY AQUATICS DIVISION


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BE IT RESOLVED by the City of Rapid City that the following rates are established for the Rapid City Aquatics Division, effective January 1, 2008. Daily Passes All Pool Horace Mann Pool Adult $5.00 $3.50 Youth (2-17) $4.00 $2.50 Senior (60+) $3.50 $2.50 Family $9.00 $7.00 Group Rate (30+) $3.50 $2.50 Gold Daily $6.50 10 Punch Passes All Pool Pass Outdoor Pool Pass Adult $46.00 $32.00 Youth (2-17) $37.00 $25.00 Senior (60+) $32.00 $22.00 Family (4 Passes) $208.00 $76.00 Additional Family $13.00 $11.00 20 Punch Passes All Pool Pass Outdoor Pool Pass Adult $67.00 $44.00 Youth (2-17) $53.00 $34.00 Senior (60+) $47.00 $29.00 Family (4 Passes) $155.00 $101.00 Additional Family $26.00 $20.00 Quarterly Passes All Pool Pass Outdoor Pool Pass Adult $74.00 $54.00 Youth (2-17) $60.00 $43.00 Senior (60+) $50.00 $36.00 Family (4 Passes) $142.00 $108.00 Additional Family $26.00 $22.00 Yearly Passes All Pool Pass Adult $273.00 Youth (2-17) $210.00 Senior (60+) $186.00 Family (4 Passes) $491.00 Additional Family $50.00 Gold Passes allow use of the aquatics facilities as well as land and water fitness classes and racquetball courts. Gold 10 Punch Pass Adult $52.00 Senior $36.00 Family $120.00 Gold 20 Punch Pass Adult $75.00


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Senior $52.00 Family $174.00 Gold Quarterly Pass Adult $85.00 Senior $65.00 Family $184.00 Gold Yearly Pass Adult $307.00 Senior $208.00 Family $531.00 Racquetball Passes Daily $3.00 10 Punch $28.00 20 Punch $46.00 Quarterly $98.00 Yearly $218.00 Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

48. No. LF112807-15 – Approve Resolution Establishing 2008 Golf Course Fees

RESOLUTION ESTABLISHING 2008 GOLF COURSE FEES BE IT RESOLVED by the City of Rapid City that the following fees are established for use at the Rapid City Municipal Golf Courses, to be effective from January 1, 2008 through December 31, 2008. 1) Meadowbrook Golf Course Daily Green Fees (includes development fee) (All 2008 rates include sales tax) 2008 9 Holes $ 23.00 9 Hole Jr / Sr $ 21.00 9 Hole Twilight $ 16.00 18 Hole $ 37.00 18 Hole Jr / Sr $ 33.00 18 Hole Twilight $ 22.00 2) Meadowbrook Golf Course Season Passes / Punch Cards / Range Passes


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(Season Passes do not include development fee) 2008 Adult Single $598.00 Adult Couple ** $955.00 Senior Single $535.00 Senior Couple ** $834.00 City Employee $403.00 Junior (18 & under) $179.00 College $230.00 Range Ball (Sm) $ 4.00 Range Ball (Lg) $ 6.00 Range Ball (25 P) $125.00 10-9 Hole PC $200.00 25-9 Hole PC $425.00 ** Couple means married couple as defined under South Dakota law. 3) Meadowbrook Golf Course Cart Storag4e / Cart Rental / Trail Fees / Lockers 2008 Cart Storage $371.00 Trail Fee Annual $207.00 Trail Fee Daily $ 12.00 Cart Rental (9-Hole) $ 16.00 Cart Rental (18-Hole) $ 26.00 18-Hole 1/2 Cart $ 13.00 9-Hole 1/2 Cart $ 8.00 Yearly Cart Rental $742.00 Lockers $ 43.00 4) Executive Daily Green Fees (includes development fees) 2008 9-Hole Monday – Sunday $ 11.00 9-Hole Twilight ** $ 7.00 9-Hole Junior $ 6.00 Fees applicable Memorial Day through Labor Day ** Twilight rates effective daily at 6:00 P.M. 5) Executive Season Passes / Punch Cards / Cart Rentals 2008 10-9 Hole PC $100.00 25-9 Hole PC $210.00 Adult Single $334.00 Adult Couple $432.00 Senior Single $299.00


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Senior Couple $403.00 Junior (18 & Under) $ 50.00 Cart Rental (Per 9) $ 13.00 BE IT FURTHER RESOLVED by the City of Rapid City that the following Development Fees are established for use at the Rapid City Municipal Golf Courses, effective from January 1, 2008 through December 31, 2008: Development Fees (includes sales tax) 2008 Meadowbrook (9 Hole) $ 1.00 Meadowbrook (18 Hole) $ 2.00 Executive (9 Hole) $ 1.00 The development fee is included in the daily green fees. The development fee is NOT included in the punch card or the season pass fee and will be charged to all season pass holders and punch card holders at tee time. This fee will be used for capital improvements. BE IT FURTHER RESOLVED that as used in this Resolution: 1. Carts are available for individuals ages 18 and over. 2. Junior Passes shall be for persons ages 18 years and younger. 3. College Student Passes shall be for any student who can produce documentation to indicated full-time college status (signed up for 12 credit hours in the semester in which the pass is purchased); or Documentation showing registration in a Masters or PhD program with a minimum of 9 credit hours in the semester in which the pass is purchased. 4. All passes will allow play at the Executive Golf Course. BE IT FURTHER RESOLVED that the Parks and Recreation Director is hereby authorized to offer special rates for play on Meadowbrook and Executive Golf Courses as he shall determine to be appropriate for the purpose of encouraging play on said courses. Footnotes: a) Punch cards will be good for current year only. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)


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49. No. LF112807-16 – Approve Resolution Establishing Rates for the Roosevelt Park Ice Arena

RESOLUTION ESTABLISHING RATES FOR THE ROOSEVELT PARK ICE ARENA

BE IT RESOLVED by the City of Rapid City that the following rates are established for the Roosevelt Park Ice Arena, effective January 1, 2008: Season Passes 2008 Resident Individual $109.00 Family (4 people) $265.00 * Each additional after 4 $36.00 Non City Resident Individual $145.00 Family (4 people) $303.00 * Each additional after 4 $49.00 Punch Pass (10 Punch) Skating or Skate Rental Youth $28.00 Adult $36.00 Daily Passes 1-17 Years of Age $3.50 18 years and over $4.50 Group Rates (30 or more, includes skates) Youth $3.25 Adult $4.25 Ice Rental Fees Prime Time $117.00 / hour Non-Prime Time * $70.00 / hour * Week days before 3:00 P.M. and after 10:00 P.M. Ice Rental Fees w/Skates Prime Time $189.00 / hour Non-Prime Time * $147.00 / hour * Week days before 3:00 P.M. and after 10:00 P.M. Skate Rental $3.25 Skate Sharpening $4.25


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Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

50. No. LF112807-17 – Authorize the Mayor and Finance Officer to sign Agreement for Professional Services for the City of Rapid City and the Rushmore Plaza Civic Center by and between the City of Rapid City and the Rapid City Area Chamber of Commerce

51. Approve the following licenses: Second Hand: Jack First, Inc., Nancy E First; St Joe Antique Mall, Heath Epperson; Taxi Business: Airport Express Shuttle, Inc., Kathleen Walla Leui; Rapid Taxi, Inc., Bryan V. Leui; Sewer and Water Journeyman: Rich Wurtz

Growth Management Department Consent Items 52. No. 07PL108 - A request by Dream Design International, Inc. for a Preliminary Plat on

Lot 4 of Block 1 of Heartland Retail Center, Section 27 and 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the S1/2 of the SW1/4 of Section 27, and a portion of the N1/2 of the NW1/4 of Section 34, located in the S1/2 of the SW1/4, Section 27, and the N1/2 of the NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Cheyenne Boulevard. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, construction plans for the collector street located along the north lot line shall be submitted for review and approval. In particular, the construction plans shall show the street located in a minimum 76 foot wide right-of-way and constructed with a 40 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained or a Comprehensive Plan Amendment to the Major Street Plan shall be obtained; 2. Prior to Preliminary Plat approval by the City Council, all of the affected utility easements shall indicate concurrence with the vacation of section line highway or the plat document shall be revised to retain the section line highway as a utility easement; 3. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; 4. Prior to submittal of a Final Plat application, the plat document shall be revised to eliminate the proposed vacation of the section line highway located east of proposed Lot 4; 5. Prior to submittal of a Final Plat application, the plat title shall be revised to include the vacation of section line highway located on proposed Lot 4; 6. Prior to submittal of a Final Plat application, miscellaneous documents shall be filed at the Register of Deed’s Office creating drainage and utility easement(s) for the 60 foot wide Major Drainage Easement and the eight inch wide West River Electric Easement to be located along the south side of Cheyenne Boulevard, respectively; 7. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and, 8. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.)


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53. No. 07PL139 - A request by Sperlich Consulting, Inc. for Signature Development for a Preliminary Plat on Lots 1R, 2R, 3R and 4R of Block 2 of Villaggio at Golden Eagle, located in the S1/2 NW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1, 2, 3 and 4 of Block 2 of Villaggio at Golden Eagle, and a portion of the SW1/4 of the NW1/4 of the SE1/4 of Section 22, located in the S1/2 NW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Villaggio Lane and Golden Eagle Drive. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, road construction plans for Golden Eagle Drive located along the south lot line of proposed Lot 1R, Block 2 shall be submitted for review and approval. In particular, the construction plans shall show the street constructed with a minimum 27 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 2. Prior to Preliminary Plat approval by the City Council, an Exception shall be obtained to allow a lot twice as long as it is wide or the plat document shall be revised to comply with the length to width requirement; 3. Prior to Preliminary Plat approval by the City Council, all of the affected utility companies shall submit written documentation concurring with the vacation of the eight foot wide minor drainage and utility easement located along the previous rear lot line(s) or the plat document shall be revised to show the existing easement; 4. Prior to submittal of a Final Plat application, the plat document shall be revised to include a note stating that “No driveways shall be allowed in excess of 15% slope”. In addition a note shall be included stating that “Driveway lengths in excess of 150 feet shall provide a Fire Department turnaround; 5. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and, 6. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.)

54. No. 07PL140 - A request by Sperlich Consulting, Inc. for Walgar Development for a

Preliminary Plat on Lot 27 of Block 23 of Robbinsdale Addition No. 10, located in the NW1/4 of the NE1/4 of the SE1/4, the E1/2 of the NW1/4 of the SE1/4, and in the SW1/4 of the NE1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the NE1/4 of the SE1/4, a portion of the E1/2 of the NW1/4 of the SE1/4, and a portion of Tract B of Robbinsdale Addition No. 10, all in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the right-of-way of Wisconsin Avenue, and the Point of Beginning; Thence, first course: N70º21’03”E along the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 119.95 to a point on the westerly boundary of Lot 14 of Block 23 of Robbinsdale Addition No. 10; Thence, second course: S25º27’00”E, along the westerly boundary of said Lot 14 of Block 23 of Robbinsdale Addition No. 10, a distance of 90.08 feet, to the southwesterly corner of said Lot 14 of Block 23 of Robbinsdale Addition No. 10, common to a point on the northerly edge of the right-of-way of East Minnesota Street; Thence, third course: southwesterly, along the northerly edge of said East Minnesota Street right-of-way, curving to the left on a curve with a radius of 1343.10 feet, a delta angle of 05º09’18”, an arc length of 120.84 feet, a chord bearing of S55º55’34”W, and a chord distance of 120.80 feet, to the intersection of the northerly


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edge of said East Minnesota Street right-of-way, intersecting with the easterly edge of the right-of-way of said Wisconsin Avenue; Thence, fourth course: northwesterly, along the easterly edge of said Wisconsin Avenue right-of-way, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 18º19’43”, an arc length of 75.53 feet, a chord bearing of N28º51’00”W, and a chord distance of 75.21 feet, to a point of tangency; Thence, fifth course: N19º41’41”W, along the easterly edge of said Wisconsin Avenue right-of-way, a distance of 45.47 feet, to the southwest corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the right-of-way of said Wisconsin Avenue, and the Point of Beginning, located north of the intersection of East Minnesota Street and Wisconsin Avenue. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show the dedication of ten additional feet of right-of-way along Minnesota Street or a Variance to the Subdivision Regulations shall be obtained; 2. Prior to Preliminary Plat approval by the City Council, the applicant shall submit verification that the adjacent streets have been constructed as per City Specifications, including sewer and water improvements as per Chapter 16.20.040.I of the Rapid City Municipal Code. In addition, construction plans shall be submitted for review and approval if determined necessary to meet City Specifications or a Variance to the Subdivision Regulations shall be obtained; 3. Prior to Preliminary Plat approval by the City Council, the applicant shall verify that a water line is not located within the existing 20 foot wide water line easement to be vacated on the plat or the plat document shall be revised to show retaining the water line easement or the water line shall be relocated; 4. Prior to submittal of a Final Plat application, the plat document shall be revised to show a planting screen easement along Minnesota Street or a Variance to the Subdivision Regulations shall be obtained; 5. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and, 6. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.)

55. No. 07PL149 - A request by Dream Design International, Inc. for a Preliminary Plat on

Lot K-4B of Marshall Heights, located in the NE1/4 SW1/4 and the NW1/4 SE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot K-4, less Lot H1 and the westerly half of the vacated portion of Rapp Street, less Lot H2 of Marshall Heights, located in the NE1/4 SW1/4 and the NW1/4 SE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Rapp Street and North LaCrosse Street. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to submittal of a Final Plat application, the plat document shall be revised to address all red lined comments. In particular, the plat document shall be revised to clarify the width of the proposed utility and drainage easement along the interior side of all lot lines. In addition, the southern boundary of the “existing utility easement” abutting the south lot line of the property shall be shown; and, 2. Prior to submittal of a Final Plat application, the plat document shall be revised to show a non-access easement along LaCrosse Street and Eglin Street or an Exception to the Street Design Criteria Manual shall be obtained to reduce the separation between an approach along Eglin Street and the signalized intersection of Eglin Street and LaCrosse Street.)

END OF CONSENT CALENDAR


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LaCroix moved, second by Hadcock and carried to (No. PW112707-07), approve Change Order No. 3F for Downtown Area Improvements, Phase I - Kansas City Street, 8th Street to 5th Street Project No. ST04-1077 / CIP No. 50132 to Heavy Constructors, Inc. for a decrease of $214,075.74. The Mayor presented No. LF112807-09, a Resolution Establishing Technology Allowance. The following resolution was introduced, read, and Hadcock moved its adoption:

RESOLUTION ESTABLISHING TECHNOLOGY ALLOWANCE WHEREAS, the Common Council of the City of Rapid City approved a technology allowance as part of the 2008 budget process; and WHEREAS, the technology allowance was established at $100 per month per alderman to be used for cell phone use, high speed internet and the like; and WHEREAS, it would be in the best interest of the City of Rapid City for the Common Council to have access to this technology at the present time; NOW THEREFORE, BE IT RESOLVED that the technology allowance in the amount of $100 per month per alderman be established effective November 1, 2007. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the foregoing resolution was seconded by Johnson. The following voted AYE: LaCroix, Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, and Kroeger; NO: Kooiker: whereupon said resolution was declared duly passed and adopted. Okrepkie moved, second by LaCroix and carried to open public comment on Items 56 - 74. Bob Brandt, Project Manage for Good Guys, LLC addressed item #59 (LF103107-27), indicating that the ordinance amendment will assist those who want to develop in the downtown area; and any requests must go through an exception process. Ron Iverson, Rapid City addressed item #66 (PW103007-30) asking the Council to consider replacing the sewer line in the alley on Franklin and St. Cloud streets; and provided information on trenchless technology. Scott Wrigglesworth, Rapid City addressed item #66 (PW103007-30), reminding the Council that the debate is whether the line is private or public. He explained that a property owner once hired a plumber to clear the sewer line because the property owner needed a fix to a problem. Wrigglesworth suggested that this does not constitute ownership of the line. Gabe Olson, President of Big Sky Homeowners’ Association addressed item #69 (07VE038), indicating his opposition to the vacation of a non-access easement and pointed out the number of utilities located in a sight-


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triangle. Because of the location of these utilities, Olson indicated that it is difficult to see children riding their bicycles. Ryan McFarland, Rapid City addressed item #66 (PW103007-30), suggesting the City needs to accept ownership of old sewer lines the City considers to be private; and amend the City’s 40/60 assessed project policy. McFarland indicated that if the affected property owners are required to re-route their sewer service lines, their costs will exceed the cost of the entire sewer main project. He suggested the Council needed to consider the ramifications of their action on the homeowners. Olson moved, second by Okrepkie and carried to close public comment on Items 56 - 74. NON-CONSENT ITEMS – Items 56 - 74 ORDINANCES Ordinance No. 5352 (No. 07OA009), Adding Microbreweries and Wineries as Conditional Uses in the Light Industrial Zoning District by Amending Section 17.22.030 of the Rapid City Municipal Code was introduced. Hadcock moved, second by Olson and carried that Ordinance No. 5352 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, December 17, 2007. Ordinance No. 5353 (No. 07OA009), Adding Microbreweries and Wineries as Conditional Uses in the General Commercial Zoning District by Amending Section 17.18.030 of the Rapid City Municipal Code was introduced. Hadcock moved, second by Olson and carried that Ordinance No. 5353 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, December 17, 2007. Ordinance No. 5354 (No. 07RZ075), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Lynn Livingston for Pamela and James Giese for a Rezoning from Office Commercial District to General Commercial District on Lots 19 and 20 of Block 3 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1021 St. Joseph Street was introduced. Hadcock moved, second by Johnson and carried that Ordinance No. 5354 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, December 17, 2007. Ordinance No. 5347 (No. LF103107-27), to Include Provisions Regulating the Laying of Water Service Lines and Sewer Service Lines within the City’s Standard Specifications by Amending Sections 13.04.340 and 13.08.130 of the Rapid City Municipal Code having passed first reading on November 5, 2007, Hadcock moved, second by LaCroix that the title be read the second time. At the request of City Attorney Green, a substitute motion was made by Olson and second to continue to the December 12, 2007 Legal and Finance Committee meeting. Upon a roll call vote, the following voted AYE: Johnson, Chapman, and Olson; NO: LaCroix, Hadcock, Hurlbut, Okrepkie, Weifenbach, Kroeger, and Kooiker. Motion failed. Upon a roll call vote to approve, the following voted AYE: Johnson, Hadcock, Hurlbut, Okrepkie, Weifenbach, Kroeger, Kooiker, and LaCroix; NO: Chapman and Olson; whereupon the Mayor declared the motion passed and Ordinance No. 5347 was declared duly passed upon its second reading. Ordinance No. 5348 (No. LF103107-26A), to Allow for the Conversion of an On-Premise Sign to an Off-Premise Sign by Amending Subsection Q of Section 15.28.050 of the Rapid City Municipal Code having passed first reading on November 5, 2007, Hadcock moved, second by


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LaCroix that the title be read the second time. The following voted AYE: LaCroix. Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5348 was declared duly passed upon its second reading. LEGAL & FINANCE COMMITTEE ITEMS The Mayor presented No. LF112807-18, a request by Bob Fuchs and R. Fred Thurston to address City Parking around the 300 Block 7th Street; whereupon Hadcock moved, second by LaCroix to approve with the stipulations as outlined; and, direct the City Attorney’s Office to prepare ordinance amendments. Public Works Director Jablonski indicated that staff met with Bob Fuchs and Fred Thurston about the parking lot located behind the Rapid Transit building. Jablonski explained that half the parking lot is City-owned and used by RTS to park buses. Jablonski indicated that when the Police Evidence / Traffic / Transit building is complete, buses will park at this facility and will no longer need the use of the parking lot in question. He indicated that snow removal, signing, and stripping was discussed; and also indicated that Thurston has agreed to develop a new concept to address the width of the driveway. Jablonski suggested a twelve month trial on the use of the parking lot. Responding to a question from Alderman Kooiker, City Attorney Green indicated that if there is an agreement on resolution of this parking issue, opposition before the Board to grant a variance goes away. He indicated that if the Council wanted to implement the proposal that is being presented, it will take more than just this action. The Council will need to direct the City Attorney’s Office to prepare an ordinance amendment. Alderman Olson indicated that the City Center Revitalization Task Force is looking at parking, globally, in the downtown area. Olson also indicated that at the suggestion of the Traffic Division, the City should have a more complete and less complicated parking system so that there are only a few parking qualifications. Jablonski, responding to a question from Alderman Olson, indicated that the same private contractor provides snow removal to the City and the property owner, so there was no need to change the arrangement to cost share the snow removal efforts. Green, responding to a question from Alderman Chapman, indicated that a 30-miniute parking zone can be added to the ordinance; and this change will apply throughout the downtown area. Upon a vote being taken on the motion to approve, motion carried. Hadcock moved, second by Okrepkie and carried (No. LF112807-05), to authorize the Mayor and Finance Officer to sign South Dakota Department of Transportation Application for Permit to Occupy Right of Way. Hadcock moved, second by Olson to refer the Amendment to standard specifications to the December 12, 2007 Legal and Finance Committee meeting. Substitute motion was made by Johnson, second by Okrepkie to continue to the December 17, 2007 Council meeting and refer to the Legal and Finance Committee for a recommendation. Motion carried. The Mayor presented No. 07TI019, a request by City of Rapid City to consider an application for a Revised Project Plan for Tax Increment District No. 47 - Tower Road on Lot H1 of the SW1/4, Lot 1 of the SE1/4 SW1/4, the eastern most 402.4 feet of section line right-of-way in the SW1/4, all located in the SW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; the N1/2 SE1/4 less Walpole Heights Subdivision less Lot AB of the E1/2 SE1/4 and less Fairmont Boulevard dedicated right-of-way, Lots H1 and H2 of the SE1/4, Lots B and C of the SW1/4SE1/4, Lots A and B of the SE1/4 SE1/4, Lots H3, H4, H5, H6, H7 and H8 of the


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E1/2 SE1/4, and all of the section line right-of-way in the SE1/4 less that portion of section line right-of-way abandoned as recorded in Miscellaneous Book 54, Page 1976, all located in the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Lot H2 of the W1/2 SW1/4 less Lot X of the W1/2SW1/4, Lot H4 of the W1/2 SW1/4, and that portion of a 60 foot dedicated public right-of-way located between Tract 3R and 4R of Arches Addition in the SW1/4, all located in the SW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on Tower Road west of U.S. Highway 16. The following resolution was introduced, read, and Hadcock moved its adoption: RESOLUTION APPROVING THE REVISED PROJECT PLAN FOR TAX INCREMENT DISTRICT NUMBER FORTY SEVEN AS SUBMITTED BY THE RAPID CITY PLANNING COMMISSION WHEREAS the Council of the City of Rapid City has determined that it is in the best interest of the City to implement plans which promote economic development and growth in the City; and WHEREAS the Council embraces the concept of Tax Increment Financing as a tool to encourage this desirable growth and redevelopment; and WHEREAS there has been established Tax Increment District Number Forty Seven; and WHEREAS the Council deems desirable to promote economic development and create jobs in the corporate limits of the City of Rapid City; and WHEREAS the Revised Project Plan submitted helps make this development feasible by assisting with the construction of Tower Road and the public infrastructure improvements on Tower Road; and WHEREAS the use of Tax Increment Funding to promote this development is in keeping within the statutes adopted by the South Dakota State Legislature; and WHEREAS there has been developed a Revised Project Plan for this Tax Increment District which proposes these improvements; and WHEREAS the Council has considered the Revised Project Plan submitted by the Planning Commission and determined that the Revised Project Plan for Tax Increment District Forty Seven is economically feasible; and WHEREAS the Council has further determined that this Revised Project Plan is in conformity with the adopted Comprehensive Plan. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the Tax Increment District Revised Project Plan for Tax Increment District Number Forty Seven be and hereby is approved as submitted by the Rapid City Planning Commission. Dated this 3rd day of December, 2007. CITY OF RAPID CITY


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ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the foregoing resolution was seconded by LaCroix. The following voted AYE: LaCroix, Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; whereupon said resolution was declared duly passed and adopted. Hadcock moved, second by Olson and carried to (No. LF112807-11), approve quotes and contract for inspection services for Rapid Construction Incorporated. PUBLIC WORKS COMMITTEE ITEMS The Mayor presented No. PW103007-30, Franklin Street and St. Cloud Street Sanitary Sewer; and recognized Alderman Hurlbut who explained that there is an existing manhole on a sewer line that is 80 or more years old and there are significant indicating factors that the City should approve some sort of reimbursement to those property owners served by the sewer line. Hurlbut suggested the Council needs to bifurcate the issue of developing an on-going policy, moving forward; but identify, in this case, the equity that says that this has been maintained as a City line for the better part of 80 years which is far beyond what would normally be expected to be the useful life of such a line. He suggested the line is only deemed private only because it is in an alley, not a street. Hurlbut moved to bifurcate the question on this issue and approve reimbursement of this particular request at 100 percent; and then to separate the issue of on-going policy for developing some sort of sliding scale for reimbursement, at a later time. Motion was second by Hadcock. City Attorney Green, responding to a question from the Chair, explained that the motion is to divide the question; and the first part of the question would be whether or not the City is going to pay 100 percent of the costs of replacing the line; and the second part of the question is the on-going policy discussion of what the City should do in the future. Alderman Hadcock suggested the City’s policy be changed to address older infrastructure prior to 1969; and suggest the sewer line in question is used as a public sewer line. Jablonski, responding to a question from Alderman Johnson, explained that City records indicate that the sewer line in question is a private sewer line. Alderman Johnson indicated that he could not support the idea of separating this issue from similar situations and treating the issue differently; and suggested there is a need to be consistent. Alderman Johnson reminded the members that he provided them with a suggestion, to move forward, on developing a new policy. Responding to a question from Alderman Olson, Jablonski explained that the 60/40 split came about after the Council considered a similar situation; and the point the citizens made was that they had been paying for sewer maintenance over the years. It was at this time, the Council considered the 60/40 split adequate to cover the contribution of the City and the property owners. Alderman Olson indicated that the Council can not overlook the fact that rate payers will be the ones sustaining the additional costs that are involved in this issue. Alderman Chapman suggested the question could be divided, but the first discussion and debate should be on the development of a policy. When a policy is adopted, the policy should be applied to the issue under consideration. Alderman Weifenbach indicated that the practice of the City in 1929 was to allow


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these types of sewer lines. He suggested that this line is beyond its life expectancy and there is no good argument for who pays for this line besides the taxpayers. Weifenbach pointed out that the City adopted a policy on the replacement of Poly-B pipe and the rate payers pay the replacement costs. Alderman Kroeger indicated his opposition to the motion and suggested the Council first adopt a policy and then apply the new policy to the issue under consideration. Alderman Hurlbut outlined his policy proposal for private lines where there are at least ten rate paying customers, installed prior to 1970; the current 60/40 would remain for anything less than 40 years old; after 40 years old, at the discretion of Council, could receive up to 50 percent reimbursement. Lines over 50 years old could get up to 60 percent reimbursement. Lines over 80 years old would be reimbursable up to 90 percent. He suggested the graduating percentages would realize that lines met or exceed an expected life and are given better treatment. He indicated that it is important to remember that these people are rate payers. Motion was made by Johnson, second by LaCroix to direct the City Attorney to draft the resolution for the Council’s consideration, with the following percentages: lines over 40 years old up to 50 percent; 50 years old at 60 percent; 60 years old at 70 percent; 70 years old at 80 percent; and 80 years or older at 90 percent; and 90 years or more up to 100 percent; and apply this resolution to the Franklin Street and St. Cloud Street Sanitary Sewer. City Attorney Green indicated that the motion to divide the question takes precedence. With the consent of the Council, Alderman Hurlbut withdrew the original motion to divide the question. Alderman Johnson indicated the resolution requires there be a minimum of ten rate payers being served by a private line; the original 60/40 participation remains in the resolution; and at the discretion of the Council, reimbursement could be given up to 100 percent. City Attorney Green advised that percentages can not be applied that have not been adopted. Alderman Johnson restated the motion to adopt only the resolution. Johnson asked that someone offer a motion to approve reimbursement up to 90 percent for the Franklin Street and St. Cloud Street Sanitary Sewer. Alderman Kooiker offered a friendly amendment that within the ranges, there is a stair-step of one percentage point per year. Alderman Chapman believed it more appropriate to direct the City Attorney to prepare the resolution, adopt the resolution, and then apply the resolution to the issue. Public Works Director Jablonski indicated that if anything other than the present policy is applied to this circumstance, consideration must be given to the property owners on this line who have paid to re-locate their service lines from the alley to St. Cloud Street. He also indicated that a funding source must also be identified or a scheduled project be delayed. Alderman Olson indicated that she could support a compromise based on the age of the line. Alderman Okrepkie indicated his concern about how the City will pay for the 75 to 100 other private sewer lines based on the proposed resolution and asked for more discussion on the proposed resolution. Substitute motion was made by Chapman, second by Olson to direct the City Attorney to prepare a resolution and bring the resolution forward at committee. Alderman Hadcock pointed out that the taxpayer pays for new infrastructure; and it is the burden of the taxpayer with the old infrastructure to fund the new infrastructure. Alderman Kooiker believed there is evidence that


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Franklin Street and St. Cloud Street Sanitary Sewer is a public line and the City should accept the sewer line and repair the line. Upon a vote being taken on the substitute motion, motion carried. Motion was made by Hurlbut, second by Weifenbach to apply the proposed resolution and reimburse the Franklin Street and St. Cloud Street sanitary sewer project at 90 percent. City Attorney Green cautioned the Council against attempting to obligate City funds when a particular item is not on the agenda. Aldermen Chapman and Okrepkie indicated their opposition to applying a policy that has not yet been adopted. Responding to a question from Alderman Johnson about a declaration of an emergency, Jablonski indicated that it would take staff two months to prepare a project without the declaration. Alderman Johnson asked that the motion maker include in the motion -- to declare an emergency regarding the Franklin Street and St. Cloud Street sanitary sewer, and direct staff to move forward with an assessed project with the City’s participation at 90 percent. City Attorney Green advised the Council that declaring an emergency is authority to spend City funds, and this is not an item on the agenda. Green indicated that staff will have to solicit quotes and those quotes must be noted in the minutes. Alderman Johnson asked to have included in the motion, direction to staff to obtain quotes and bring the quotes forward at the Legal and Finance Committee for consideration. Alderman Kooiker asked that the motion include the location of the sewer line in the alley. Alderman Olson reminded the members that a funding source will need to be identified. Alderman Hurlbut called the question, and there being no objection, a vote was taken on the motion. The Chair clarified the motion to apply 90 percent to the Franklin Street and St. Cloud Street sanitary sewer; and direct staff to obtain quotes in anticipation of declaring an emergency to replace the line in the alley. Upon a roll call vote, the following voted AYE: Hadcock, Hurlbut, Weifenbach, Kooiker, LaCroix, and Johnson; NO: Okrepkie, Chapman, Olson, and Kroeger. Motion carried. Public Works Director Jablonski addressed the water supply update explaining that it is anticipated that Pactola Reservoir will reach alert status about mid-summer 2008, if all things continue – the drought, weather conditions, and usage. When the alert status occurs, conservation measures will apply twelve months a year. He indicated that 300 A/F per year is used and the reservoir is currently at 28,000 feet. If weather and usage conditions remain the same, it is anticipated the critical status will be entered in 3 – 3 1/2 years; and when that happens there will be no lawn watering and a surcharge will be applied to excess water usage. Relative to the Jackson Springs water treatment plant, Jablonski indicated that the consultant is starting the study phase. In order to speed up the project, Jablonski indicated that the study phase could be skipped and the project could be moved up 3 – 4 months. Jablonski recommended the Fee Committee consider the water rates. Jablonski reported that the airport is currently being served by a twelve inch water main extending along Hwy 44; and recently work was done to complete a water main extension from Beale Street to Hwy 44. He indicated that three options are being recommended by the Public Works Department to address some of the water issues at the Airport. The first is to construct a water main along the Homestead Street alignment; the second is a fire storage reservoir with a fire pump; and the third is a long-term low-level water reservoir on the airport site. He suggested that each of these options


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would reach the goal of fire protection of 2,000 gallons per minute. He indicated that the airport will bring a request forward to facilitate the installation of a reservoir on site. Addressing the impact of the Green Valley Sanitary District request, Jablonski indicated that the Rapid Valley Water District will not use as much water as they have in the past and there will be a net gain in this area. LaCroix moved, second by Olson to (No. PW112707-06), approve Change Order No. 3 for Red Rock Water Storage Reservoir Project No. W03-1184 / CIP No. 50284 to Heavy Constructors, Inc. for an increase of $41,658.23. Responding to a question from Alderman Weifenbach, Jablonski indicated that the original plans call for grading work along the section line; and it was understood that this was permissible. After the project was let, the adjoining property owner protested the grading work to Pennington County; and the County Commissioners supported the protest. Rather than to hold up the Red Rock Reservoir project, Jablonski explained that the decision was made not to litigate the County Commissioner’s decision and proceed with the grading work in an alternative fashion. Upon a vote being taken on the motion to approve, motion carried. The Mayor presented No. 07VE038, a request by Dream Design International, Inc. to consider an application for a Vacation of Non-Access Easement on Tract J of Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Degeest Street between Berniece Street and Homestead Street. LaCroix moved, second by Johnson for discussion purposes, to approve. Development Services Coordinator Dominicak pointed out a typo on the exhibit and distributed a corrected exhibit. Responding to a question from Alderman Hadcock, Dominicak indicated that the sight triangle has no bearing on the easement. Hadcock indicated her concern with the utilities located in the sight triangle, aesthetics, and traffic at this location. Substitute motion was made by Hadcock, second by Weifenbach to continue 07VE038, a request by Dream Design International, Inc. for a Vacation of Non-Access Easement to the December 17, 2007 Council meeting. Alderman Kooiker asked that the Traffic Engineer review the traffic volume at this location. Responding to a question from Alderman Johnson, Dominicak explained that the utility companies do not submit plans to the City for review. Upon a vote being taken on the motion to continue, motion carried. BIDS The following companies submitted bids (No. CC120307-02), for the Rapid City Water Reclamation Facility Secondary Digester Cover and Gas Mixing Equipment Replacement Project No. WRF07-1549A / CIP No. 50581 opened November 27, 2007: Gridor Construction, Inc., Heavy Constructors, Inc., John T. Jones Construction Co., and R.C.S. Construction, Inc. Staff reviewed the bids and recommends the bid award to Heavy Constructors, Inc. Okrepkie moved, second by Olson and carried to approve the bid award for the Rapid City Water Reclamation Facility Secondary Digester Cover and Gas Mixing Equipment Replacement Project No. WRF07-1549A to the lowest responsible bidder meeting specifications, Heavy Constructors, Inc. for the low unit prices bid for a total contract amount of $638,400. COUNCIL ITEMS & LIAISON REPORTS


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Alderman LaCroix reported that General Beadle Elementary School will host an Open House on December 8, 2007 beginning at 2:00 P.M. The purpose is to raise funds for new playground equipment. Alderman Hadcock extended her appreciation to the staff of the Parks Department on their work in hanging up the Christmas lights; and private donors for their contributions that allowed for the purchase of new Christmas lights. Alderman Kooiker moved to continue the Library Update to the December 17, 2007 Council meeting. Motion was second by Olson. Alderman Chapman asked that someone engaged in the process, be invited to the next Council meeting. Motion carried. STAFF ITEMS Public Works Director Jablonski offered no update on Vision 2012, explaining that there are no changes since the last report. Alderman Johnson asked that Civic Center Maliske give a brief update on the Civic Center expansion project; and Alderman Chapman indicated a need for the Council to have a 2012 Committee meeting. At this time, Council President Chapman chaired the Council meeting. Council President Chapman presented No. LF111307-21a, line-item veto relating to Resolution Establishing Maximum Salaries for Certain City Officers. Finance Officer Preston reported that by State statute he is required to present to the Council, at their next regular scheduled meeting, any vetoes received. Preston presented the veto on Establishing Maximum Salaries for Certain City Officers. Mayor Hanks pointed out that this very same resolution has been adopted by the Council since 2001; including the statement that was the subject of the line-item veto, the three percent cost-of-living adjustment. He indicated that it has always been his feeling, as Mayor, the City Council has always understood that any adjustment to the City Council’s or the Mayor’s salary was done during the budgetary process, and is adopted when the City Council approves the annual budget. Mayor Hanks indicated that State statute does not allow an automatic pay increase into perpetuity. In response to a question from Mayor Hanks, City Attorney Green indicated that the Council must approve an appropriation ordinance before any money can be expended; therefore, every year the Council has to independently approve its own salary as well as the Mayor’s salary. Upon questioning the Finance Officer, Mayor Hanks indicated that the explanation was given that the resolution is adopted every year, so that in case the City is audited, there is a resolution in place which confirms the Council’s approval, within the budget, the City Council’s and Mayor’s salary. Mayor Hanks indicated that the Council did nothing wrong in adopting the resolution. The City Council, by no stretch of the imagination, did it give itself a three percent annual increase in its salary into perpetuity. Mayor Hanks indicated that if anyone is to blame for the confusion, it would be himself. The resolution was presented and written by staff, and the staff works for the Mayor. He indicated that he did a line-item veto to stop the controversy over the misperception of the resolution. It was done to get the attention of the media and the public to make sure they understood that the Council did not give itself an automatic pay increase. He indicated that the line-item veto was symbolic, because no matter the action by the Council, it changes nothing. Alderman Hadcock indicated that she did not agree with how this was done, and suggested this was more about politics. Alderman Hurlbut indicated that he appreciated the clarification.


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Hurlbut moved, second by Johnson to acknowledge the veto. Alderman Johnson indicated that he did not think a veto was necessary and suggested the Council could have been open to re-considering the resolution. Johnson stressed that should there be any future vetoes, the Council be notified before the media and offered support for the veto. At this time, Council Vice President Okrepkie chaired the Council meeting. Alderman Chapman offered a challenge to the Council and all media to better their relationships and communications with one another. Upon a vote being taken on the motion, motion carried. At this time, Mayor Hanks assumed the Chair and the meeting continued. APPEALS - Sign Code Appeals Hadcock moved, second by Johnson and carried to continue No. CC110507-03, a Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Cabela’s Retail, Inc. for wall signs, joint identification sign, and ground monument sign on Lot 3, Forefather Flats Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3231 East Mall Drive; and No. CC110507-04, a Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Rapid Center, LLC for joint identification sign on Lot 3, Starlite Subdivision, and a portion of the SW1/4 of Section 28, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota to the January 22, 2008 Council meeting. PUBLIC HEARING ITEMS – Items 75 - 217 Johnson moved, second by Olson and carried to open the public hearing on items 75 – 217. Rich Huffman, attorney for Steven C. Lester, LLC addressed item #151, indicating availability to answer questions. CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 75 - 109 Okrepkie moved, second by Hurlbut and carried to approve the following items as they appear on the Continued Public Hearing Consent Items. Continue the following items until December 17, 2007: 75. No. 06PL189 - A request by Michael Hanson for John & Meredith Humke for a

Preliminary Plat on Lots 24A and 24B of Block 3 of Stoney Creek Subdivision, formerly Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Nugget Gulch Drive and Harvard Avenue.

76. No. 06SV012 - A request by Sperlich Consulting, Inc. for Sharon Norman for a Variance

to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Old Folsom Road,


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the Section Line Highway(s), the collector street and Norman Ranch Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 4A, 4B and 5R of Judicial Lot 4; and Lots 6 thru 17, Norman Ranch Subdivision, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 4 and 5 of Judicial Lot 4 of Norman Ranch Subdivision; the N1/2 SW1/4; the NW1/4 SE1/4 lying southwest of Old Folsom Road less the south 99 feet of NW1/4 SE1/4; the N1/2 N1/2 SE1/4 SW1/4; the W1/2 SW1/4 SW1/4; the N1/2 NE1/4 SW1/4 SW1/4; the west 220 feet of the S1/2 NE1/4 SW1/4 SW1/4; and the west 220 feet of SE1/4 SW1/4 SW1/4; all located in Section 28, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Highway 79 and Old Folsom Road.

77. No. 07CA050 - A request by Dream Design International, Inc. for an Amendment to the

Adopted Comprehensive Plan to change the land use designation from General Agriculture to Light Industrial on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot 7 of Marlin Industrial Park, common to a point on the southerly edge of right-of-way of Marlin Drive, and the point of beginning; Thence, first course: N04º18’35”W, a distance of 29.56 feet, to a point on the centerline of Marlin Drive; Thence, second course: curving to the left, along the centerline of Marlin Drive, on a curve with a radius of 3000.00 feet, a delta angle of 07º43’51”, a length of 404.79 feet, a chord bearing of N81º52’30”E, and chord distance of 404.48 feet; Thence, third course: N78º00’34”E, along the centerline of Marlin drive, a distance of 95.10 feet, to intersection of centerline of Marlin Drive and Creek Drive; Thence fourth course: curving to the left, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of S17º40’09”E, and chord distance of 197.91 feet, to the end of previously dedicated Creek Drive; Thence fifth course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of S23º55’17”E, and chord distance of 20.01 feet; Thence sixth course: curving to the left, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of S28º46’30”E, and chord distance of 89.57 feet; Thence seventh course: S56º56’40”W, a distance of 50.00 feet; Thence eighth course: curving to the right, on a curve with a radius of 650.00 feet, a delta angle of 02º21’34”, a length of 26.77 feet, a chord bearing of N31º52’33”W, and chord distance of 26.76 feet; Thence ninth course: S59º18’14”W, a distance of 311.85 feet; Thence tenth course: S08º30’44”E, a distance of 235.10 feet, to a point on the section 1/16 line; Thence eleventh course: N89º56’36”W, along the along the section 1/16 line, a distance of 313.37 feet, to the southeasterly corner of said Lot 7; Thence twelfth course: N00º01’20”E, along the easterly boundary of said Lot 7, a distance of 574.90 feet, to the northeasterly corner of said Lot 7, common to a point on the southerly edge of Marlin Drive right-of-way, and the point of beginning, located southwest of the intersection of Creek Drive and Marlin Drive.


Adopted Comprehensive Plan to change the land use designation from General Agriculture to Office Commercial on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Thence first course: N78º00’34”E, along the centerline of Marlin Drive, a distance of 201.84 feet, to the end of the previously dedicated Marlin


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Drive; Thence, second course: N78º00’34”E, a distance of 66.26 feet; Thence, third course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of N76º10’58”E, and chord distance of 63.76 feet; Thence, fourth course: N74º21’21”E, a distance of 66.33 feet; Thence, fifth course: S15º38’39”E, a distance of 29.50 feet; Thence, sixth course: S74º21’21”W, a distance of 54.43 feet; Thence, seventh course: S26º59’57”E, a distance of 151.65 feet; Thence, eighth course: S56º56’40”W, a distance of 309.27 feet; Thence, ninth course: S56º56’40”W, a distance of 50.00 feet; Thence tenth course: curving to the right, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of N28º46’30”W, and chord distance of 89.57 feet; Thence eleventh course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of N23º55’17”W, and chord distance of 20.01 feet, to the end of dedicated Creek Drive centerline; Thence twelfth course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of N17º40’09”W, and chord distance of 197.91 feet, the intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Said Parcel contains 87,663 square feet or 2.012 acres more or less, located southeast of the intersection of Creek Drive and Marlin Drive.


Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Thence, first course: curving to the left, along the southerly edge of right-of-way of Elk Vale Road, on a curve with a radius of 3014.79 feet, a delta angle of 05º11’13”, a length of 272.92 feet, a chord bearing of N79º49’24”E, and chord distance of 272.83 feet; Thence, second course: S15º38’39”E, a distance of 95.46 feet; Thence, third course: S74º21’21”W, a distance of 66.33 feet; Thence, fourth course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of S76º10’58”W, and chord distance of 63.76 feet; Thence fifth course: S78º00’34”W, a distance of 66.26 feet, to the end of dedicated Marlin Drive centerline; Thence sixth course: S78º00’34”W, along the centerline of Marlin Drive, a distance of 201.84 feet, to the intersection of centerline Marlin Drive and Creek Drive; Thence seventh course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 05º21’24”, a length of 93.49 feet, a chord bearing of N09º18’43”W, and chord distance of 93.46 feet; Thence eight course: N06º38’01”W, along the centerline of Creek Drive, a distance of 422.07 feet, to a point on the southerly right-of-way of Elk Vale Road; Thence ninth course: curving to the left, along the southerly edge of right-of-way of Elk Vale Road, on a curve with a radius of 3014.79 feet, a delta angle of 00º57’11”, a length of 50.15 feet, a chord bearing of N82º50’59”E, and chord distance of 50.15 feet, to the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Said Parcel contains 182,629 square feet or 4.193 acres more or less, located northeast of the intersection of Creek Drive and Marlin Drive.

80. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future

assessment for the improvements to the driveway approaches along East Saint Patrick Street as they abut the west 250 feet of Lot 2 of Hansen Heights, Section 6, T1N, R8E,


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BHM, Rapid City, Pennington County, South Dakota, located at 320 East Saint Patrick Street. (File# 07PD082 & 07EX111)

81. No. 07PL083 - A request by Mike Hanson for Tyz Thurston for a Preliminary Plat on

Lots 13A and 13B of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13 of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3825 Corral Drive.

82. No. 07PL090 - A request by TSP Three, Inc. for Century Development Co. for a

Preliminary Plat on Lots 1 thru 17 of Block 1; Lots 1 thru 19 of Block 2 and Lots 1 thru 16 of Block 3 of La Villa Vista Subdivision, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the north 327.2 feet of the N1/2 of the SE1/4 of Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom the W1/2 NW1/4 SE1/4; and excepting therefrom Lot 1 of Lot B of the NE1/4 SE1/4, as shown on the plat filed in Plat Book 3, Page 103; and excepting therefrom North Boulevard Addition; and excepting therefrom Lot RU-302A of the Original Townsite of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 14, Page 53; and excepting therefrom Lot RU-302B of the Original Townsite of Rapid City, Pennington County, South Dakota as shown on the plat filed in Plat Book 14, Page 94; and excepting therefrom any streets or highway rights of way, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1400 East Philadelphia Street.

83. No. 07PL097 - A request by Jared Tordsen for Land and Marine Developments, Inc. for a

Preliminary Plat on Lots 15 thru 21 of Rockin Ranch Estates, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2 of the NE1/4 of the SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of the existing Hovering Heights Court and Bunker Drive.

84. No. 07PL107 - A request by FourFront Design, Inc. for Moyle Petroleum Company for a

Preliminary Plat on Lots 1 and 2 of South Yard Subdivision, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, less Lot H5 (formerly lots 8 thru 10 of Swander's Addition), Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 79 and Minnesota Street.

85. No. 07PL118 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Pacific

Steel and Recycling for a Preliminary Plat on a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27, more fully described as follows: Beginning at the southwest corner of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “RW FISK 6565”; thence, northerly along the westerly edge of said Lot A of Biernbaum Subdivision and along the easterly edge of Highway 79 right-of-way, N00º01’09”W, a distance of 225.01 feet more or less, to an angle point of said Lot A


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of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “LS4208” and said corner being coincident with the southwesterly corner of Lot B of Biernbaum Subdivision, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27; thence, easterly along the northerly edge of said Lot A of Biernbaum Subdivision and along the southerly edge of Lot B of Biernbaum Subdivision, N89º51’25”E, a distance of 206.31 feet more or less, to a point on the westerly edge of Amended Lot H2 of Lot A of Biernbaum Subdivision, as shown in the plat filed April 8, 2003 and recorded in Book 10 of Highway Plats on Page 111, said point being marked by a rebar with survey cap “LS 6119”; thence, southerly along the westerly edge of said Amended Lot H2 of Lot A of Biernbaum Subdivision, S00º05’02”W, a distance of 225.68 feet more or less, to the south line of said Lot A of Biernbaum Subdivision, also being the southwest corner of said Amended Lot H2 of Lot A of Biernbaum Subdivision, said corner being marked by a “SDDOT Monument”; thence, westerly along the southerly line of said Lot A of Biernbaum Subdivision, N89º57’30”W, a distance of 205.90 feet more or less, to the point of beginning, located at 4280 South Highway 79.

86. No. 07PL121 - A request by Dream Design International, Inc. for a Preliminary Plat on

Lots 1A, 2A and 2B, Block 2, formerly Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, the vacated portion of Rapp Street and the south half of the vacated alley, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Eglin Street and Rapp Street.

87. No. 07PL122 - A request by Paul Lindstrom for a Layout Plat on Lots 2A and 2B of

Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1810 Rand Road.

88. No. 07PL141 - A request by Centerline, Inc. for Action Development, Inc. for a

Preliminary Plat on Lots 1 and 8 of Anamosa Crossing Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Century Road and East North Street.

89. No. 07PL146 - A request by Sperlich Consulting, Inc. for Chad Zandstra for a

Preliminary Plat on Lots 11A and 11B of Block 10 of Elks Country Estates, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 11 of Block 10 of Elks Country Estates, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3565 Padre Drive.

90. No. 07PL148 - A request by Sperlich Consulting, Inc. for Wind River, LLC for a Layout

Plat on Lots A, B and C of Lot 8 of the E/12 NE1/4, less Lot H1, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 of Lot 8 of the E/12 NE1/4, less Lot H1, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4961 Sheridan Lake Road.


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91. No. 07RZ072 – Second Reading, Ordinance no. 5349, An Ordinance Amending Section

17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Light Industrial District on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot 7 of Marlin Industrial Park, common to a point on the southerly edge of right-of-way of Marlin Drive, and the point of beginning; Thence, first course: N04º18’35”W, a distance of 29.56 feet, to a point on the centerline of Marlin Drive; Thence, second course: curving to the left, along the centerline of Marlin Drive, on a curve with a radius of 3000.00 feet, a delta angle of 07º43’51”, a length of 404.79 feet, a chord bearing of N81º52’30”E, and chord distance of 404.48 feet; Thence, third course: N78º00’34”E, along the centerline of Marlin drive, a distance of 95.10 feet, to intersection of centerline of Marlin Drive and Creek Drive; Thence fourth course: curving to the left, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of S17º40’09”E, and chord distance of 197.91 feet, to the end of previously dedicated Creek Drive; Thence fifth course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of S23º55’17”E, and chord distance of 20.01 feet; Thence sixth course: curving to the left, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of S28º46’30”E, and chord distance of 89.57 feet; Thence seventh course: S56º56’40”W, a distance of 50.00 feet; Thence eighth course: curving to the right, on a curve with a radius of 650.00 feet, a delta angle of 02º21’34”, a length of 26.77 feet, a chord bearing of N31º52’33”W, and chord distance of 26.76 feet; Thence ninth course: S59º18’14”W, a distance of 311.85 feet; Thence tenth course: S08º30’44”E, a distance of 235.10 feet, to a point on the section 1/16 line; Thence eleventh course: N89º56’36”W, along the along the section 1/16 line, a distance of 313.37 feet, to the southeasterly corner of said Lot 7; Thence twelfth course: N00º01’20”E, along the easterly boundary of said Lot 7, a distance of 574.90 feet, to the northeasterly corner of said Lot 7, common to a point on the southerly edge of Marlin Drive right-of-way, and the point of beginning, located southwest of the intersection of Creek Drive and Marlin Drive.

92. No. 07RZ073 – Second Reading, Ordinance No. 5350, An Ordinance Amending Section

17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Office Commercial District on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Thence first course: N78º00’34”E, along the centerline of Marlin Drive, a distance of 201.84 feet, to the end of the previously dedicated Marlin Drive; Thence, second course: N78º00’34”E, a distance of 66.26 feet; Thence, third course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of N76º10’58”E, and chord distance of 63.76 feet; Thence, fourth course: N74º21’21”E, a distance of 66.33 feet; Thence, fifth course: S15º38’39”E, a distance of 29.50 feet; Thence, sixth course: S74º21’21”W, a distance of 54.43 feet; Thence, seventh course: S26º59’57”E, a distance of 151.65 feet; Thence, eighth course: S56º56’40”W, a distance of 309.27 feet; Thence, ninth course: S56º56’40”W, a distance of 50.00 feet; Thence tenth course: curving to the


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right, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of N28º46’30”W, and chord distance of 89.57 feet; Thence eleventh course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of N23º55’17”W, and chord distance of 20.01 feet, to the end of dedicated Creek Drive centerline; Thence twelfth course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of N17º40’09”W, and chord distance of 197.91 feet, the intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Said Parcel contains 87,663 square feet or 2.012 acres more or less, located southeast of the intersection of Creek Drive and Marlin Drive.

93. No. 07RZ074 – Second Reading, Ordinance No. 5351, An Ordinance Amending Section

17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Thence, first course: curving to the left, along the southerly edge of right-of-way of Elk Vale Road, on a curve with a radius of 3014.79 feet, a delta angle of 05º11’13”, a length of 272.92 feet, a chord bearing of N79º49’24”E, and chord distance of 272.83 feet; Thence, second course: S15º38’39”E, a distance of 95.46 feet; Thence, third course: S74º21’21”W, a distance of 66.33 feet; Thence, fourth course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of S76º10’58”W, and chord distance of 63.76 feet; Thence fifth course: S78º00’34”W, a distance of 66.26 feet, to the end of dedicated Marlin Drive centerline; Thence sixth course: S78º00’34”W, along the centerline of Marlin Drive, a distance of 201.84 feet, to the intersection of centerline Marlin Drive and Creek Drive; Thence seventh course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 05º21’24”, a length of 93.49 feet, a chord bearing of N09º18’43”W, and chord distance of 93.46 feet; Thence eight course: N06º38’01”W, along the centerline of Creek Drive, a distance of 422.07 feet, to a point on the southerly right-of-way of Elk Vale Road; Thence ninth course: curving to the left, along the southerly edge of right-of-way of Elk Vale Road, on a curve with a radius of 3014.79 feet, a delta angle of 00º57’11”, a length of 50.15 feet, a chord bearing of N82º50’59”E, and chord distance of 50.15 feet, to the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Said Parcel contains 182,629 square feet or 4.193 acres more or less, located northeast of the intersection of Creek Drive and Marlin Drive.

94. No. 07SV022 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Alan

A. Neiger for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, and to reduce the pavement width from 26 feet to 21 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 Revised and Lot of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 5 (less Lot H1) and the balance of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E,


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BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Highland Park Drive and Mount Rushmore Road.

95. No. 07SV048 - A request by FourFront Design, Inc. for Moyle Petroleum Company for a

Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water, sewer, street light conduit and sidewalk on the rearage road and a variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water, sewer, street light conduit and sidewalk on Minnesota Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of South Yard Subdivision, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, less Lot H5 (formerly lots 8 thru 10 of Swander's Addition), Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 79 and Minnesota Street.

96. No. 07SV051 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Pacific

Steel and Recycling for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, additional pavement or additional extension of water or sewer main in any adjoining right-of-way, and the requirement to dedicate additional right-of-way on a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27, more fully described as follows: Beginning at the southwest corner of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “RW FISK 6565”; thence, northerly along the westerly edge of said Lot A of Biernbaum Subdivision and along the easterly edge of Highway 79 right-of-way, N00º01’09”W, a distance of 225.01 feet more or less, to an angle point of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “LS4208” and said corner being coincident with the southwesterly corner of Lot B of Biernbaum Subdivision, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27; thence, easterly along the northerly edge of said Lot A of Biernbaum Subdivision and along the southerly edge of Lot B of Biernbaum Subdivision, N89º51’25”E, a distance of 206.31 feet more or less, to a point on the westerly edge of Amended Lot H2 of Lot A of Biernbaum Subdivision, as shown in the plat filed April 8, 2003 and recorded in Book 10 of Highway Plats on Page 111, said point being marked by a rebar with survey cap “LS 6119”; thence, southerly along the westerly edge of said Amended Lot H2 of Lot A of Biernbaum Subdivision, S00º05’02”W, a distance of 225.68 feet more or less, to the south line of said Lot A of Biernbaum Subdivision, also being the southwest corner of said Amended Lot H2 of Lot A of Biernbaum Subdivision, said corner being marked by a “SDDOT Monument”; thence, westerly along the southerly line of said Lot A of Biernbaum Subdivision, N89º57’30”W, a distance of 205.90 feet more or less, to the point of beginning, located at 4280 South Highway 79.

97. No. 07SV052 - A request by Dream Design International, Inc. for a Variance to the

Subdivision Regulations to waive the requirement to install sidewalk on both sides of street, water, sewer, curb, gutter, street light conduit, pavement and to reduce Right-of-Way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots


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1A, 2A and 2B, Block 2, formerly Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, the vacated portion of Rapp Street and the south half of the vacated alley, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Eglin Street and Rapp Street.

98. No. 07SV053 - A request by Paul Lindstrom for a Variance to the Subdivision

Regulations to waive the requirement to install, curb, gutter, and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2A and 2B of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1810 Rand Road.

99. No. 07SV055 - A request by Renner & Associates for Jo and Steve Benn for a Variance

to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water on Clarkson Road and Spring Canyon Trail and to waive the requirement to install pavement on Spring Canyon Trail as per Chapter 16.16 of the Rapid City Municipal Code on Lot 8 of Block 4 of Clarkson Subdivision, Section 31, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2 of the SE1/4, lying west of Clarkson Road and a portion of the SE1/4 of the NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located north and east of the intersection of Spring Canyon Trail and Clarkson Road.

100. No. 07SV059 - A request by Centerline, Inc. for Action Development, Inc. for a Variance

to the Subdivision Regulations to waive the requirement to install sidewalk, water and sewer along East North Street and to reduce pavement width from 26 feet to 24 feet along A/R Boulevard and A/R Lane as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 8 of Anamosa Crossing Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Century Road and East North Street.

101. No. 07VE039 - A request by Jared Tordsen for Land and Marine Development, Inc. for a

Vacation of Non-Access Easement on Lot 7, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Bunker Drive along Abbey Road.


Vacation of Non-Access Easement on Lot 22, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Butterfly Lane and Abbey Road (Hovering Heights Court).


Vacation of Non-Access Easement on Lot 31, Rockinon Ranch Estates, located in the


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N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Butterfly Lane and Abbey Road (Hovering Heights Court).


Vacation of Non-Access Easement on Lot 32, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Abbey Road (Hovering Heights Court) and Antler Ridge Road.

105. No. 07VR011 - A request by Bryan Gonzalez for a Vacation of a portion of Right-of-

way on that portion of Philadelphia Street which is situated directly south of the north 327.2 feet of the N1/2 of the SE1/4 lying west of I90 Right-of-way, excepting therefrom the W1/2 of the NW1/4 of the SE1/4, and less North Boulevard Addition, located in the unplatted (9779); and, the east 670 feet of the south 30 feet of the SW1/4 NE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1400 East Philadelphia Street, located along Philadelphia Street north of Founders Park Drive and west of West Boulevard North.

Continue the following items until January 22, 2008: 106. No. 07PL116 - A request by Sperlich Consulting, Inc. for James Letner for a Layout Plat

on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Creek Drive and East St. Patrick Street.

107. No. 07PL147 - A request by Fisk Land Surveying & Consulting Engineers for Thomas E.

Lien for a Preliminary Plat on Lots 2 thru 4 of LJS Subdivision, located in the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the N1/2 NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2310 North Maple Avenue.

108. No. 07SV050 - A request by Sperlich Consulting, Inc. for James Letner for a Variance to

the Subdivision Regulations to waive the requirement to dedicate 10 additional feet of right-of-way and provide a planting screen easement along E. St. Patrick Street; to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, to dedicate 17 feet of right-of-way and provide a planting screen easement along Creek Drive; and to install sidewalk along the south side of E. St. Charles Street as per Chapter 16 of the Rapid City Municipal Code on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Creek Drive and East St. Patrick Street.

109. No. 07SV062 - A request by Fisk Land Surveying & Consulting Engineers for Thomas E.

Lien for a Variance to the Subdivision Regulations to waive the requirement to


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provide water, sewer and sidewalk along Maple Avenue as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2 thru 4 of LJS Subdivision, located in the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the N1/2 NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2310 North Maple Avenue.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS Okrepkie moved, second by Chapman and carried to close the public hearing on items 75 – 217. CONSENT PUBLIC HEARING ITEMS – Item 110 - 213 The following items were removed from the Consent Public Hearing Items: 151. Steven C. Lester LLC DBA Rushmore Plaza Holiday Inn, 505 N. Fifth Street for a Retail (On-Sale) Liquor License and Sunday Opening 157. LaCroix Investments, Inc. DBA Time Out Lounge, 615 E. North Street for a Retail (On-Sale) Liquor License and Sunday Opening 185. LaCroix Investments, Inc. DBA Bus’s Bottle Shop, 615 E. North Street for a Package (Off-Sale) Liquor License 201. Safeway Stores 46, Inc. DBA Safeway Store #1554, 730 Mt. View Road for a Package (Off-Sale) Liquor License 202. Safeway Stores 46, Inc. DBA Safeway Store #581, 2120 Mt. Rushmore Road for a Package (Off-Sale) Liquor License Hadcock moved, second by LaCroix and carried to approve the following items as they appear on the Consent Public Hearing Items. ALCOHOL LICENSES

Retail (On-Sale) Liquor License Renewal for 2008 110. City of Rapid City DBA Airport Restaurant & Lounge, 4550 Terminal Rd Ste 206 for a

Retail (On-Sale) Liquor License and Sunday Opening 111. Hotel Management Company, Inc. DBA Alex Johnson Hotel, 523 Sixth Street for a Retail

(On-Sale) Liquor License and Sunday Opening 112. American Legion Home Association DBA American Legion, 818 E. St. Patrick for a Retail

(On-Sale) Liquor License and Sunday Opening 113. Porter Apple Company, Inc. DBA Applebee’s Neighborhood Grill & Bar, 2160 Haines

Avenue for a Retail (On-Sale) Liquor License and Sunday Opening 114. Arrowhead Country Club DBA Arrowhead Country Club, 3675 Sheridan Lake Road for a

Retail (On-Sale) Liquor License and Sunday Opening 115. Blue Lantern Lounge, Inc. DBA Blue Lantern Lounge, 1200 E. St. Patrick Street for a

Retail (On-Sale) Liquor License and Sunday Opening


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

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

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

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

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

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

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

123. Brinker Restaurant Corporation DBA Chili’s Grill & Bar, 2125 N. Haines Avenue for a Retail (On-Sale) Liquor License and Sunday Opening

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

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

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

127. Dealer Exchange, Inc. DBA Diamond Dave’s, Rushmore Mall, 2200 N. Maple for a Retail (On-Sale) Liquor License and Sunday Opening

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

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

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

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

132. 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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

156. Porter Apple Company, Inc. DBA Applebee’s Neighborhood Grill & Bar, 2160 Haines Avenue for a Retail (On-Sale) Liquor License (IN-ACTIVE)

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

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

160. Cowboy Casino, Inc. DBA Woody’s, 826 Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

Retail (On-Sale) Wine License Renewal for 2008

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

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

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

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


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

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

167. Northstar, Inc. DBA Hunan Chinese Restaurant, 1720 Mt. Rushmore Road for a Retail (On-Sale) Wine License

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

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

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

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

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

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

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

175. Piece of Cake, LLC DBA Piece of Cake, 901 Mt. Rushmore Road 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

Package (Off-Sale) Liquor License Renewal for 2008 180. Albertsons, Inc. DBA Albertsons Food Center #845, 855 Omaha Street for a Package

(Off-Sale) Liquor License 181. Nauman Flying Service, Inc. DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd.,

#103 for a Package (Off-Sale) Liquor License 182. B & L, Inc. DBA Boyd’s Liquor Mart, 909 E. St. Patrick Street for a Package (Off-Sale)

Liquor License 183. Mills Drug, Inc. DBA Boyd’s Liquor Mart, 1424 Mt. Rushmore Road for a Package (Off-

Sale) Liquor License 184. B & L, Inc. DBA Boyd’s Liquor Mart, 2001 W. Main Street, No. 202 for a Package (Off-

Sale) Liquor License 186. Derby Advertising, Inc. DBA Canyon Lake Chop House, 2720 Chapel Lane for a

Package (Off-Sale) Liquor License 187. Canyon Lake Liquors, Ltd. DBA Canyon Lake Liquors, 4244 Canyon Lake Drive for a

Package (Off-Sale) Liquor License 188. Sully Enterprises, LLC DBA Common Cents, 2808 Sheridan Lake Road for a Package

(Off-Sale) Liquor License 189. Sully Enterprises, LLC DBA Common Cents, 634 E. North Street for a Package (Off-

Sale) Liquor License


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190. Kraft Farms, Inc. DBA Corner Pantry-LaCrosse St., 2130 LaCrosse Street for a Package (Off-Sale) Liquor License

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

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

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

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

195. M & B Investments, Inc. DBA Hideaway Casino, 1575 N. LaCrosse Street, Ste. D for a Package (Off-Sale) Liquor License

196. Hotel Management Co., Inc. DBA Hotel Alex Johnson, 523 Sixth Street for a Package (Off-Sale) Liquor License

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

198. Piece of Cake, LLC DBA Piece of Cake, 901 Mt. Rushmore Road for a Package (Off-Sale) Liquor License

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

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

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

204. Timothy E. Smith & Steve Smith DBA Smith’s Liquor Gallery, 2218 Jackson Blvd., Ste. 1 for a Package (Off-Sale) Liquor License

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

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

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

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

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

Transfer

210. M G Oil DBA Corner Pantry – LaCrosse Street, 2130 LaCrosse Street for a Package (Off-Sale) Liquor License TRANSFER from Kraft Farms, Inc. DBA Corner Pantry-LaCrosse St., 2130 LaCrosse Street

211. CHAS, Inc. DBA Jackpot West II, 2144 Jackson Boulevard, Ste. 4 for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from ZBT, Inc. DBA Joker’s Casino North, 608 1/2 East North Street

ASSESSMENT ROLLS

212. No. PW103007-16 – Approve Resolution Levying Assessment for Sidewalk Improvements Project No. SWK07-1611. Notice of hearing was mailed to the affected


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property owners on November 26, 2007 and published in the Rapid City Journal on November 24, 2007.

RESOLUTION LEVYING ASSESSMENT FOR SIDEWALK IMPROVEMENTS PROJECT NO. SWK07-1611

BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The City Council has made all investigations which it deems necessary and has found and determined that the amount which each lot or tract shall be benefited by the sidewalk improvement project is the amount stated in the proposed assessment roll. 2. The assessment roll for Sidewalk Improvements Project SWK07-1611 is hereby approved and assessments thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the filing of the assessment roll in the Office of the Finance Officer shall be collected by the City Finance Office in accordance with the procedure in Section 9-43-43 to 9-43-53 of the South Dakota Compiled Laws of 1967, as amended, and shall be payable in five annual installments bearing interest at the rate not to exceed nine percent (9%). Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

213. No. PW103007-15 – Approve Resolution Levying Assessment for Block 12 – Millard Addition Sanitary Sewer Extension Project No. SS06-1625 (Van Buren Street north between Halley and Blaine Avenues). Notice of hearing was mailed to the affected property owners on November 26, 2007 and published in the Rapid City Journal on November 24, 2007.

RESOLUTION LEVYING ASSESSMENT FOR BLOCK 12 – MILLARD ADDITION SANITARY SEWER EXTENSION

PROJECT NO. SS06-1625 (Van Buren Street north between Halley and Blaine Avenues)

BE IT RESOLVED by the City Council of the City of Rapid City, South Dakota, as follows: 1. The City Council has made all investigations which it deems necessary and has found and determined that the amount which each lot or tract shall be benefited by constructing approximately 378 ft. of 8-inch sewer main is the amount stated in the proposed assessment roll.


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2. The assessment roll for Block 12 – Millard Addition Sanitary Sewer Extension Project No. SS06-1625 (Van Buren Street north between Halley and Blaine Avenues) is hereby approved and assessments thereby specified are levied against each and every lot, piece or parcel of land thereby described. 3. Such assessments, unless paid within thirty (30) days after the filing of the assessment roll in the Office of the Finance Officer shall be collected by the City Finance Office in accordance with the procedure in Section 9-43-43 to 9-43-53 of the South Dakota Compiled Laws of 1967, as amended, and shall be payable in ten annual installments bearing interest at the rate not to exceed nine percent (9%). Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)

END OF CONSENT PUBLIC HEARING CALENDAR Hadcock moved, second by Johnson to approve Steven C. Lester LLC DBA Rushmore Plaza Holiday Inn, 505 N. Fifth Street for a Retail (On-Sale) Liquor License and Sunday Opening. Police Chief Allender indicated his concerns with the license holder. Responding to a question from Alderman Kooiker, City Attorney Green reminded the Council that when considering an alcohol license, there are two factors that the statute allows the Council to consider – the character of the applicant and the appropriateness of the location. At the request of Alderman Kooiker, Chief Allender indicated that the alcohol license will expire December 31, 2007; and summarized the complaints as a number of DUI arrests since 1994; one current DUI conviction; and two pending charges, and if convicted the third offense will become a felony which will exclude him from holding a license under State law. In addition to this, the Rushmore Plaza Holiday Inn has served a two-week suspension for serving minors. He also reported arrests, but not convictions, for possession of marijuana, and resisting arrest in conjunction with DUI. Responding to a question from Alderman Hadcock, Allender indicated that the position of the Police Department is let this process go forward at the will of the Council. Alderman Hurlbut indicated his concern with the pattern of conduct that is being reported; but indicated that he was comfortable that actions are being taken so that this pattern of conduct will cease and not affect the license. Substitute motion was made by Johnson, and seconded to continue the hearing on Steven C. Lester LLC DBA Rushmore Plaza Holiday Inn, 505 N. Fifth Street for a Retail (On-Sale) Liquor License and Sunday Opening to the December 17, 2007 Council meeting. Rich Huffman, attorney for Steven C. Lester LLC, responding to questions from Alderman Hadcock, indicated that the license holder is currently in treatment; there has been a change in the general management of the hotel; and every employee involved in serving alcohol has taken the necessary classes. Upon a roll call vote on the motion to continue, the following voted AYE: Chapman, Weifenbach, Olson, Kooiker, and Johnson; NO: Hurlbut, Okrepkie, Kroeger, LaCroix, and Hadcock. Upon a tie vote, the Chair voted AYE. Motion carried.


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Hadcock moved, second by Okrepkie to approve LaCroix Investments, Inc. DBA Time Out Lounge, 615 E. North Street for a Retail (On-Sale) Liquor License and Sunday Opening. Motion carried with LaCroix abstaining. Hadcock moved, second by Okrepkie to approve LaCroix Investments, Inc. DBA Bus’s Bottle Shop, 615 E. North Street for a Package (Off-Sale) Liquor License. Motion carried with LaCroix abstaining. Hadcock moved, second by Chapman to approve Safeway Stores 46, Inc. DBA Safeway Store #1554, 730 Mt. View Road for a Package (Off-Sale) Liquor License. Motion carried with Johnson abstaining. Hadcock moved, second by Olson to approve Safeway Stores 46, Inc. DBA Safeway Store #581, 2120 Mt. Rushmore Road for a Package (Off-Sale) Liquor License. Motion carried with Johnson abstaining. Johnson moved, second by Hadcock and carried to reconsider item #209, Steven C. Lester DBA Rushmore Plaza Holiday Inn, 505 N. 5th Street for a Package (Off-Sale) Liquor License. Hadcock moved, second by Hurlbut and carried to continue the hearing on item #209, Steven C. Lester DBA Rushmore Plaza Holiday Inn, 505 N. 5th Street for a Package (Off-Sale) Liquor License to the December 17, 2007 Council meeting. NON-CONSENT PUBLIC HEARING ITEMS – Items 214 – 217 The Mayor presented No. 07FV008, a request by Hadcock Construction, Inc. to consider an application for a Fence Height Exception to allow a six foot fence in the front yard setback on Lot 25 of Block 7 of Northern Heights Subdivision, Section 25, T2N, R7E, Rapid City, Pennington County, South Dakota, more generally described as being located at 1418 North 7th Street. LaCroix moved, second by Kroeger the Fence Height Exception to allow a six foot fence in the front yard setback be approved with the stipulation to reduce the fence height from six feet to four feet on two 8-foot sections of the fence. Motion carried with Hadcock abstaining. The Mayor presented No. 07SV058, a request by Sperlich Consulting, Inc. for Walgar Development for a Variance to the Subdivision Regulations to waive the requirement to provide a planting screen easement and to reduce the right-of-way width along Minnesota Street from 100 feet to 80 feet as per Chapter 16 of the Rapid City Municipal Code on Lot 27 of Block 23 of Robbinsdale Addition No. 10, located in the NW1/4 of the NE1/4 of the SE1/4, the E1/2 of the NW1/4 of the SE1/4, and in the SW1/4 of the NE1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the NE1/4 of the SE1/4, a portion of the E1/2 of the NW1/4 of the SE1/4, and a portion of Tract B of Robbinsdale Addition No. 10, all in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the right-of-way of Wisconsin Avenue, and the Point of Beginning; Thence, first course: N70º21’03”E along the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 119.95 to a point on the westerly boundary of Lot 14 of Block 23 of Robbinsdale Addition No. 10; Thence, second course:


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S25º27’00”E, along the westerly boundary of said Lot 14 of Block 23 of Robbinsdale Addition No. 10, a distance of 90.08 feet, to the southwesterly corner of said Lot 14 of Block 23 of Robbinsdale Addition No. 10, common to a point on the northerly edge of the right-of-way of East Minnesota Street; Thence, third course: southwesterly, along the northerly edge of said East Minnesota Street right-of-way, curving to the left on a curve with a radius of 1343.10 feet, a delta angle of 05º09’18”, an arc length of 120.84 feet, a chord bearing of S55º55’34”W, and a chord distance of 120.80 feet, to the intersection of the northerly edge of said East Minnesota Street right-of-way, intersecting with the easterly edge of the right-of-way of said Wisconsin Avenue; Thence, fourth course: northwesterly, along the easterly edge of said Wisconsin Avenue right-of-way, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 18º19’43”, an arc length of 75.53 feet, a chord bearing of N28º51’00”W, and a chord distance of 75.21 feet, to a point of tangency; Thence, fifth course: N19º41’41”W, along the easterly edge of said Wisconsin Avenue right-of-way, a distance of 45.47 feet, to the southwest corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the right-of-way of said Wisconsin Avenue, and the Point of Beginning, located north of the intersection of East Minnesota Street and Wisconsin Avenue. LaCroix moved, second by Kroeger and carried that the Variance to the Subdivision Regulations to waive the requirement to provide a planting screen easement be approved; and, that the Variance to the Subdivision Regulations to reduce the right-of-way width along Minnesota Street from 100 feet to 80 feet as per Chapter 16 of the Rapid City Municipal Code be approved with the following stipulation: 1. That a ten foot wide public utility and pedestrian access easement shall be provided along the south lot line of the subject property. The Mayor presented No. 07SV061, a request by Sperlich Consulting, Inc. for Signature Development for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, streetlight conduit, water, sewer and pavement along a portion of Golden Eagle Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R of Block 2 of the Villaggio at Golden Eagle, located in the E1/2 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 2 of the Villaggio at Golden Eagle, located in the E1/2 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Golden Eagle Drive and Villaggio Lane. LaCroix moved, second by Hadcock and carried to approve the Variance. The Mayor presented No. 07VR012, a request by Centerline, Inc. for PLM Land Development, LLC for a Vacation of Section Line Highway on the unplatted balance of the SE1/4 SW1/4, Section 13, T1N, R7E, and the NE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Enchantment Road and North of Enchanted Pines Drive. The following resolution was introduced, read, and LaCroix moved its adoption:

RESOLUTION OF VACATION OF A PORTION OF SECTION LINE HIGHWAY

WHEREAS it appears that portion of the Section Line Highway located in the unplatted balance of the SE1/4 SW1/4, Section 13, T1N, R7E, and the NE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Enchantment Road and North of Enchanted Pines Drive; is not needed for public purposes; and


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WHEREAS the owner(s) of property adjacent to the above-described Section Line Highway desires said public right-of-way to be vacated and released. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the public Section Line Highway heretofore described, and as shown on Exhibit "A", attached hereto, and incorporated herein, is hereby vacated. BE IT FURTHER RESOLVED, that the Mayor and Finance Officer are hereby authorized to execute a release of public Section Line Highway in regard thereto. Dated this 3rd day of December, 2007. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the foregoing resolution was seconded by Johnson. The following voted AYE: LaCroix, Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; whereupon said resolution was declared duly passed and adopted. BILLS The following bills having been audited, it was moved by Kroeger, second by Chapman and carried to authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment thereof. Payroll Paid Ending 11-24-07, Paid 11-30-07 751,039.43 Payroll Paid Ending 11-24-07, Paid 11-30-07 2,567.52 Payroll Paid Ending 11-30-07, Paid 11-30-07 1,166,994.25 Pioneer Bank, Taxes Paid 11-30-07 188,242.30 Pioneer Bank, Taxes Paid 11-30-07 193.43 Pioneer Bank, Taxes Paid 11-30-07 290,970.40 First Administrators, claims paid 11-20-07 21,405.13 First Administrators, claims paid 11-27-07 51,897.26 United States Postmaster, postage 2,700.00 Computer Bill List 4,493,379.12 Subtotal $6,969,388.84 Payroll Paid Ending 11-24-07, Paid 11-30-07 2,665.46 Pioneer Bank, Taxes Paid 11-30-07 203.90 City of Rapid City, postage 226.10 Conoco Phillips, gasoline 54.74 Western Stationers, copy paper 12.60 Total $6,972,551.64


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EXECUTIVE SESSION permitted by SDCL 1-25-2 Hurlbut moved, second by Hadcock to go into Executive Session at 10:36 P.M. for the reasons permitted by SDCL 1-25-2. The Council came out of Executive Session at 10:55 P.M. with all members present. No action was taken. ADJOURN As there was no further business to come before the Council at this time, the meeting adjourned at 10:55 P.M. CITY OF RAPID CITY ATTEST: Mayor Finance Office (SEAL)

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