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					                          PROCEEDINGS OF THE CITY COUNCIL
                               Rapid City, South Dakota

                                       March 3, 2008

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, Mach 3, 2008 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,
Growth Management Director Marcia Elkins, City Engineer Robert Ellis, Fire Chief Mark
Rohlfing, Police Chief Steve Allender, and Administrative Coordinator Jackie Gerry.

ADOPTION OF AGENDA

The following items were added to the agenda:

   •   Consider agenda items 106 and 117 after 62
   •   Polar Plunge Benefit for South Dakota Special Olympics

Motion was made by Chapman and seconded to adopt the agenda as amended.                Motion
carried.

APPROVE MINUTES

Motion was made by Johnson and seconded to approve the minutes for February 19, 2008.
Motion carried.

GENERAL PUBLIC COMMENT

Bonnie Redden, Rapid City reported her telephone conversations with representatives of Wal-
Mart, and indicated that a proposed Tax Increment District application was made by a developer
and not Wal-Mart.

Jim Phoenix, Rapid City indicated that his neighborhood is opposed to a big-box store. He
suggested that they are not against Wal-Mart, but against a proposed location where Wal-Mart
might locate.

NON-PUBLIC HEARING ITEMS -- Items 1 - 79

Motion was made by Hurlbut and seconded to open public comment on Items 1 – 62. Motion
carried. No comments were offered. Motion was made by Olson and seconded to closed public
comment on items 1 – 62. Motion carried.

CONSENT ITEMS – Items 1 - 62
CITY COUNCIL                                                                   MARCH 3, 2008


Motion was made by Chapman and seconded to approve the following items as they appear on
the Consent Items. Motion carried.

Vacations of Right-Of-Way Set for Hearing (April 7, 2008)
1.    No. 07VR014 - A request by Dennis and Janine Walz for a Vacation of Right-of-Way on
      a portion of West South Street Right-of-Way adjacent to Lot 1 of Lot AR of Lot 1 in the
      SE1/4 NE1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
      located at 3401 W. South Street.

Alcoholic Beverage License Applications Set for Hearing (March 17, 2008)
2.   Rapid City Fine Arts Center, Inc. for a Special Event Beer and Wine License for an
     event scheduled April 4, 2008 at the Dahl Arts Center, 713 7th Street
3.   Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for
     an event scheduled April 8, 2008 at the Rapid City Public Library, 610 Quincy Street
4.   Leading Edge Management, LLC dba Buffalo Wings and Rings, 5622 Sheridan Lake
     Road for a Retail (On-Off Sale) Wine License
5.   Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for a Package
     (Off-Sale) Liquor License TRANSFER from Albertsons, Inc. dba Albertsons Food Center
     #845, 855 Omaha Street
6.   Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for a Package
     (Off-Sale) Malt Beverage License TRANSFER from Albertsons, Inc. dba Albertsons Food
     Center #845, 855 Omaha Street
7.   Bosselman, Inc. of South Dakota dba Bosselman Travel Center, 2783 Deadwood
     Avenue for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER
     from I-90 Fuel Services, Inc. dba Windmill Truck Stop, 2783 Deadwood Avenue

Public Works Committee Consent Items
8.    No. PW012908-01 – Acknowledge report on sewer backup appeal from Jerome and
      Jeraldine Walenta, 510 E. Watertown Street
9.    No. PW012908-03 - Ask City staff to proceed with Code Enforcement in the surrounding
      Knollwood Drainage area; clean up the graffiti, and to bring a report forward at the April
      15, 2008 Public Works Committee meeting
10.   No. PW022608-02 - Authorize staff to advertise for bids for Meade Street Reconstruction
      – Phase 2 from Flormann Street to Tallent Street Project No. DR03-1333C / CIP #50416
11.   No. PW022608-03 - Authorize staff to advertise for bids for Cross Street Railroad
      Crossing Project No. RR06-1540 / CIP #50172
12.   No. PW022608-04 - Authorize staff to advertise for bids for One (1) Tandem Axle Dump
      Truck (Replacement) for the Street Division
13.   No. PW022608-05 - Authorize staff to advertise for bids for Two (2) Sander / Spreader
      Trucks (Replacements) for the Street Division
14.   No. PW022608-06 - Authorize staff to advertise for bids for One (1) Vacuum Street
      Sweeper (Replacement) for the Street Division
15.   No. PW022608-07 - Authorize the Mayor and Finance Officer to sign a Professional
      Services Agreement with RESPEC to provide Stormwater Quality and Plan Preparation
      Training for an amount not to exceed $34,490.00
16.   No. PW022608-08 - Authorize the Mayor and Finance Officer to sign a Petition to
      vacate public right-of-way legally described as the north 14 foot strip of the Monroe
      Street right-of-way, adjacent to Lot A of Block 12 Wise’s Addition, Section 31, T2N, R8E,
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CITY COUNCIL                                                                  MARCH 3, 2008

      BHM, Rapid City, Pennington County, South Dakota, more generally known as 410 East
      Monroe Street
17.   No. PW022608-09 - Authorize the Mayor and Finance Officer to sign a Professional
      Services Agreement with Kadrmas, Lee & Jackson, Inc. for East North Street / East
      Boulevard Reconstruction from Saint Joseph Street to Cambell Street Project No. ST08-
      1511 for an amount not to exceed $124,310.37
18.   No. PW022608-10 - Approve a request to revise Subletting of Contract for the North
      Maple Avenue and East Disk Drive Intersection Reconstruction Project No. ST08-1700 /
      CIP #50702
19.   No. PW022608-11 - Approve a request to raise Liquidated Damages to $2,500 per
      working day for the North Maple Avenue and East Disk Drive Intersection Reconstruction
      Project No. ST08-1700 / CIP #50702
20.   No. PW022608-12 - Approve the purchase two (2) 2008 Chevrolet Colorado pickups off
      of the State Contract #15270 from Lamb Chevrolet for $17,715.00 each for the
      Engineering Division
21.   No. PW022608-13 - Approve the purchase two (2) 3/4 Ton, 4x4, Extended Cab, Long
      Box, Ford F250 pickups from McKie Ford matching State Contract No. 15269 for a price
      of $22,449.00 each (Replacements) for the Street Division
22.   No. PW022608-14 - Approve the purchase one (1) 3/4 Ton, 4x4, Regular Cab, Long Box,
      Ford F250 pickup from McKie Ford matching State Contract No. 15269 for a price of
      $20,020.00 (Replacement) for the Street Division
23.   No. PW022608-15 - Approve the purchase One (1) Articulating Motorgrader from RDO
      Equipment Company for a price of $182,434.00 for the Street Division
24.   No. 08EX007 - Approve an exception to allow a 36 foot wide approach in Lieu of 28
      foot wide approach on the East 33' of Lot 16 and all of Lots 17-20, Block 9, Schnasse
      Addition, Rapid City, Pennington County, South Dakota for petitioner Fisk Land
      Surveying

Legal & Finance Committee Consent Items
25.   No. LF022708-02 – Confirm appointment of John Brockelsby to the Journey Museum
      Board
26.   No. LF022708-28 – Acknowledge Capital Improvements Program Committee monthly
      update for February 2008
27.   No. LF022708-29 – Approve the Parks & Recreation 2007 CIP Funds carry-over
28.   No. LF022708-30 – Approve the Parks and Recreation Five-Year Plan for FY2009 – FY
      2013
29.   Approve the Finance Office Remodel Project for $6,500 from CIP Contingency
30.   Set the next CIP Committee meeting for March 28, 2008 at 10:00 A.M.
31.   No. LF022708-36 – Approve request to extend floodplain moratorium through March 31,
      2008
32.   No. LF022708-03 – Authorize staff to advertise for bids for digital video recorder system
      for the Police Department
33.   No. LF022708-32 – Approve Travel Request for Loyann Kistler to attend Cardinal
      Ticketrak User Conference in Addison, TX, April 27-30, 2008, in the approximate amount
      of $1,378.51
34.   No. LF022708-33 – Approve Event Permit for Celts of America to hold parade on March
      15, 2008
35.   No. LF022708-34 – Approve Event Permit for Alex Johnson Hotel to allow motorcycle
      parking June 30, 2008, July 14, 2008, and July 28, 2008
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CITY COUNCIL                                                                   MARCH 3, 2008

36.   No. LF022708-04 – Approve Travel Request for Rod Seals and Nick Carlson to attend
      Fire Department Instructor’s Conference in Indianapolis, IN, April 7-12, 2008, in the
      approximate amount of $4,204
37.   No. LF022708-05 – Approve the purchase Vehicle Exhaust Removal Systems for Fire
      Stations 5 and 7
38.   No. LF022708-06 – Approve Travel Request for Travis Brink, Marjorie Brekke, Sandra
      McNeely, and Stephanie Big Crow to attend Thinking Ahead 2008 Conference in Salt
      Lake City, UT, March 13-15, 2008, in the approximate amount of $3,663.11
39.   No. LF022708-07 – Approve Travel Request for Monica Heller, Community Planning
      Coordinator and Jared Ball, Planner I to attend the American Planning Association
      National Planning Conference in Las Vegas, Nevada, April 27, 2008-May 1, 2008 in an
      approximate amount of $3,574.00
40.   Acknowledge the following volunteers for purposes of workers compensation insurance
      coverage: Leticia Penaloza and Rinkal Saini
41.   No. LF022708-10 – Authorize Mayor and Finance Officer to sign Local Governing Body
      Approval Letter for Corner Stone Rescue Mission for Emergency Shelter Grant Funds for
      the operation of the Mission
42.   No. LF022708-11 – Authorize Mayor and Finance Officer to sign Local Governing Body
      Approval Letter for Corner Stone Women & Children’s Home for Emergency Shelter
      Grant Funds for the operation of the Mission
43.   No. LF022708-12 – Approve Subsidy Committee recommendations for an Amendment to
      the FY2008 CDBG Annual Action Plan Grant Allocations
44.   No. LF022708-13 – Approve Request for Proposals for audio/video equipment in the City
      Council/School Board Chambers
45.   No. LF022708-14 – Authorize Mayor and Finance Officer to sign Agreement with
      Condrey and Associates in the amount of $12,500 and travel not to exceed $5,000 for a
      staffing study
46.   No. LF022708-15 – Approve the bid award for East Mall Drive Connection - North
      LaCrosse Street to East North Street, Project No. ST06-1334b / CIP No. 50521, SDDOT
      Project No. EM 1608(3) - PCN 012F to the lowest responsible bidder meeting
      specifications, Knife River Midwest, LLC, for the low unit prices bid for a total contract
      amount of $6,592,466.00
47.   No. LF022708-16 – Authorize staff to proceed with Request for Proposals for design and
      construction of a creative playground to be located in Vickie Powers Park
48.   No. LF022708-17 – Authorize staff to proceed with Request for Qualifications for
      landscape architect, construction management and related services for development of
      Phase 1 of Vickie Powers Memorial Park
49.   No. LF022708-18 – Authorize staff to advertise for bids for hot drink & candy,
      amusements, and cold drink & cold drink concession products for the Rapid City Swim
      Center and the Roosevelt Ice Arena
50.   No. LF022708-19 – Authorize the Mayor and Finance Officer to sign 2008 Parks
      Custodial Contract with Black Hills Workshop
51.   No. LF022708-27 – Approve Travel Request for Bob Young to attend National
      Playground Safety Institute in Bismarck, ND, March 16-20, 2008, in the approximate
      amount of $1,131
52.   No. LF022708-20 – Approve Resolution of Intent to Enter into Extended Lease of Land
      with Presbyterian Retirement Village of Rapid City, Inc. Pursuant to SDCL 9-12-5.2

               A RESOLUTION OF INTENT TO ENTER INTO EXTENDED LEASE OF
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CITY COUNCIL                                                                   MARCH 3, 2008

                     LAND WITH PRESBYTERIAN RETIREMENT VILLAGE OF
                        RAPID CITY, INC. PURSUANT TO SDCL 9-12-5.2

      BE IT RESOLVED by the City of Rapid City that the City of Rapid City intends to enter
      into an extended lease of real property with Presbyterian Retirement Village of Rapid
      City, Inc. which property is described as Lot Two (2) of the Southeast Quarter of the
      Northeast Quarter (SE¼NE¼), less Lot H1, in Section Three (3), Township One North
      (T1N), Range Seven East (R7E) of the Black Hills Meridian, Rapid City, Pennington
      County, South Dakota; and

      BE IT FURTHER RESOLVED that a copy of this resolution of intent be published once at
      least ten (10) days prior to the hearing to be held at City Hall, 300 Sixth Street, Rapid
      City, South Dakota, at 7:00 o’clock, p.m., on the 17th day of March, 2008, or as soon
      thereafter as the item may come on for hearing at said meeting; and

      BE IT FURTHER RESOLVED that following the hearing the City Council may adopt a
      resolution authorizing a lease upon the terms and conditions as it shall determine in said
      resolution.

      Dated this 3rd day of March, 2008.

                                                     CITY OF RAPID CITY
      ATTEST:                                        s/ Alan Hanks
      s/ James F. Preston
      Finance Officer

      (SEAL)

53.   No. LF022708-21 – Acknowledge raffle request from South Dakota Engineering Society
54.   No. LF022708-22 – Acknowledge raffle request from Rapid City Regional Hospital
      Foundation
55.   No. LF022708-23 – Acknowledge raffle request from Rapid City Arts Council
56.   No. LF022708-24 – Acknowledge raffle request from Rapid City Girls Junior Olympic
      ASA, Inc.
57.   No. LF022708-35 – Approve request from Chuck Wendt, d/b/a CW Enterprises for 2008
      Ice Cream Vending License
58.   No. LF022708-31 – Approve abatement for Robert W. Akers for 2007 in the amount of
      $2,903.92
59.   Approve the following licenses: Residential Contractor: Kirk Wermager, K & S Custom
      Homes; Jacqueline Ann Nettleton, Mountain Movers Construction Inc.; David LaFrance,
      Black Hills Area Habitat for Humanity; Chris Johnson, C Michael Homes Inc.; Michael
      Swenson, DAZ Construction; John Diedrichs, Diedrichs Construction; Dave Freytag; and
      Kent & Cindy Guthrie, Guthrie Inc.; Mobile Home Court: Gikling & Meier LLC, Cherry
      Avenue Mobile Park; House Mover: John Samples, Kan Build Inc.; Electrical Master:
      Scott Clarke, Clarke Electric; Electrical Journeyman: Steve Reimer, Jesse Jensen,
      Matthew Yackley, and Jesse Jensen; Plumbing Apprentice: Dennis Busack, Dustin
      Christensen, Bradley Hatheway, Adam Hoyt, Nicholas Klimek, Joshua Knock, Wade
      Medicine, William Peldo, Don Pruess, Dean Williamson, Dusty Yellow, and Danyal
      Wright; Plumbing Contractor: Barry Akley, Precision Plumbing Inc.; Jon Anderson,
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CITY COUNCIL                                                                 MARCH 3, 2008

      Plumbing Plus; Brad Bilka, Pine Tree Plumbing Inc.; Dennis Brown, DB Plumbing; Todd
      Chase, American Plumbing Service; Gerald Cook, Accurate Plumbing & Heating; Dennis
      Corcoran, Tessier’s Inc.; Steve Darling, Plumbing Design & Installation; John Drewitz,
      JKD Plumbing; Chad Erlenbusch, Always Plumbing; Douglas Ficken, D & T Professional
      Plumbing Co Inc.; Chad Filek, J-Berd Mechanical; Thomas Hagemann, Action
      Mechanical; Carol Hallock, Town-N-Country Plumbing; John Hammond Jr., Action
      Mechanical; Craig Heigh, Heigh Class Plumbing & Heating; Paul Iseminger, Western
      Mechanical Service; Keith Jackson, Action Mechanical; Kelly Klein, Hills Plumbing &
      Heating; Frank Krohmer, Krohmer Plumbing; Dwight Kuntz, Badger Plumbing & Heating
      Inc.; Jeff Minnick, Minnick Plumbing; Bruce Nash, Custom Plumbing; Larry Nelson,
      Nelson Ditching & Excavating Inc.; Henry Niemann, Hank’s Plumbing; Larry Olson,
      Olson’s Plumbing & Heating; Gene Opstedahl, Opstedahl Plumbing; John Paulson,
      Paulson Plumbing; Gary Pleinis; Steve Prestjohn, Black Hawk Plumbing & Heating;
      Robert Raczynski, AAA Plumbing; James Rensch, Rushmore Plumbing Services Inc.;
      David Rohrer, Plumber Dave; Estes Rothenberger, Merillat Industries; Alvin Rudd, Rudd
      Plumbing; Jim Schnittgrund, Jim’s Plumbing & Heating Inc.; Wesley Scholl, Scholl
      Plumbing & Heating Inc.; Ted Simonson, Western Mechanical; Kenneth Skyberg,
      Seepco; Daniel Smith, Smith Plumbing Inc.; Scott Smith, Aqua Plumbing & Heating; Allan
      Spodnik, Custom Plumbing; Myron Tatum, Action Mechanical; John Thomas, A Plus
      Plumbing LLC; Doug Van Dierendonck, A & E Plumbing; Dennis Walz, Dede’s Faucet
      Repair; and Donovan Williamson, Waterworks Plumbing Inc.; Plumbing Plumber: Gerald
      Barry, Thurman Blackbird, Andrew Chado, Jerold Cranford, Larry Haney, Jesse Jenson,
      Joseph Kerns, Daniel Kliber, Shawn Kluever, Randy Klimek, Dan Michael, Jeremy Miller,
      Chadwick Raverty, John Shorter, Bradley Smith, Marvin Tisdall, Cory Williamson, and
      Derrick Williamson; Water Softening Contractor: Paul Champion, Champion Water
      Systems Inc.; and Gary Robinson, Watertree Inc.; Sewer and Water Contractors:
      Thomas Lester, 4L’s Construction; Jamie Gerlach, All Around Construction, Inc.; Owen H
      Emme, Summit, Inc.; Kevin Bowman, YJC Excavating & Landscaping, Inc.; Robert W.
      Powles, Piedmont Construction dba Powles & Sons Construction; William J Keller, Hills
      Materials Company; Jerald Mitzel, JV Bailey Co., Inc.; Melvin Geidel, Geidel Excavation;
      Marvin Erickson, Marv’s Excavating, Inc.; Greg Lind, Lind-Exco, Inc.; Cameron Miller,
      Miller Construction; Tony Bolton, B&B Excavating; Gary L. Hamm, Diamond M Inc.;
      Gerold (Dale) Schuelke, Highmark, Inc.; Michael R. Schnell, Simon Contractors of South
      Dakota; Steve Van Houten, Rapid Construction Company; Dane Sundstrom, Xcel
      Demolition; Robert Burns, Earthorizons, Inc.; Howard Nold, Nold Excavating; John
      Duffield, Duffield Construction, Inc.; Perry Van De Steeg, RCS Construction; Mike
      Dimond, JMD Excavating; Kirk Worley, Schad Excavation; Steve Moore, A-1 Ditching;
      Terry Larson, Excavating Specialists; Jon Anderson, Plumbing Plus; Duane K. Olson,
      Olson Excavating; Trenching Contractors: Ed Westcott, Westcott Construction Co, Inc.;
      Paul Ekstrom, Push, Inc.; Don Williams, Cable Communication Services, Inc.; Kenneth
      Kainz, Kainz Power Lines, Inc.; Fred Wolken, Jr., Sprinkler Guys, Inc.; Robert “Scott”
      Raczynski, AAA Plumbing; Sewer and Water Journeyman: Norman Wiederich, Thomas
      Schumacher, Dale Raish, Warren Jaasund, Robert B Hengen, Brandon Fogelman, Jerry
      Bassett, Merritt E Duffield, Dion Frost, Dale Graham, Wesley Hall, Glenn Taylor, Dave
      Hepburn, Percy Lone Elk, Kurt Garlick, Robert Frease, Samuel Morris, III, Jason
      Schuelke, Wayne Hellman, Justin Schuelke, William Haas, Bryan Wildberger, Mike Ryan,
      Wayne May, Donald Krebs, Gene Johnson, Tom Anderson, Lyle Bromwich, Kory
      Hudelson, Bret Olson, Daniel Sagdalen, Joel Bodurtha, Tony Parker, Shelby Moore,
      Ryan Simpson, Mike Atchley, James Bice, Richard Harmon, Dale Mogensen, Dave
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CITY COUNCIL                                                                      MARCH 3, 2008

      Mueller, William Schamber, Art Askland, Brett Torrey, Warren (Mike) Case, Ron Behrens;
      Trenching Journeyman: Tom Beetem, Scott Purcell, Steven Quenzer, Joe B Ford, David
      R Jedlicka, Carol L Green, Stephen M Swanson, Kent Otto, Charles Cummings, David
      Rhodes, Bruce Williams, John Erickson, Kirk Gortmaker, Gary Wickman, Johnny Ward,
      Kelly Thurman, Bob Richardson, Scott Bach, Randy Coffield, Donald Donaldson, Jim
      Giggee, Paul Frey, Brett Larson, Todd Jones, Gerald Hanks, Roger Packard, Reynold
      Rausch

Growth Management Department Consent Items
60.  No. 08PL002 - A request by Dream Design International, Inc. for Robert Sundby for a
     Preliminary Plat on Lots 1 and 2 of Sammi's Subdivision, Section 21, T1N, R7E, BHM,
     Rapid City, Pennington County, South Dakota, legally described as the E1/2 of Lot 8 of
     the E1/2 NE1/4, less Lot H1, of the E1/2 of Lot 8 of the E1/2 of the NE1/4, Section 21,
     T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4961
     Sheridan Lake Road. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING
     STIPULATIONS: 1. Prior to Preliminary Plat approval by the Planning Commission, the
     plat document shall be revised to show a maximum 40 foot by 40 foot shared approach
     along the common lot line of proposed Lot 1 and Lot 2. In addition, the plat document
     shall be revised to show a 20 foot by 40 foot shared approach along the south lot line of
     proposed Lot 1; 2. Prior to Preliminary Plat approval by the City Council, a shared
     approach easement, measuring 20 foot by 40 foot shall be obtained from the adjacent
     property owner located south of proposed Lot 1 or the southern driveway to proposed Lot
     1 shall be eliminated; 3. Prior to Preliminary Plat approval by the City Council, that portion
     of the driveway located on proposed Lot 2 which serves as access to the adjacent
     property shall be removed or upon submittal of a Final Plat application, surety shall be
     posted to insure that the driveway is removed; 4. Prior to Preliminary Plat approval by the
     City Council, construction plans for the existing 30 foot wide access and utility easement
     shall be submitted for review and approval. In particular, the construction plans shall
     show the street located in a minimum 49 foot wide easement and constructed with a
     minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water
     and sewer or a Variance to the Subdivision Regulations must be obtained; 5. Prior to
     Preliminary Plat approval by the City Council, a grading and erosion control plan shall be
     submitted for review and approval if any subdivision improvements are required as a part
     of this plat review; 6. Prior to Preliminary Plat approval by the City Council, the plat
     document shall be revised to show the drainage easement as shown on the site plan; 7.
     Prior to Preliminary Plat approval by the Planning Commission, a cost estimate of the
     subdivision improvements, including the cost of removing a portion of the driveway
     located on proposed Lot 2, shall be submitted for review and approval; 8. 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, 9.
     Prior to the City’s acceptance of the public improvements, a warranty surety shall be
     submitted for review and approval as required.)

61.   No. 08PL008 - A request by Renner & Associates for Jo and Steve Benn for a
      Preliminary Plat on Lot 8 of Block 4 of Clarkson Subdivision, located in a portion of the
      N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, Section 31, T1N, R7E, BHM,
      Pennington County, South Dakota, legally described as a portion of the N1/2 of the
      SE1/4, a portion of the S1/2 of the NE1/4, a portion of Spring Canyon Trail Right-of-way,
      and a portion of Clarkson Road Right-of-way, Section 31, T1N, R7E, BHM, Pennington
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CITY COUNCIL                                                                     MARCH 3, 2008

      County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon
      Trail. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1.
      Upon submittal of a Preliminary Plat application, road construction plans for Spring
      Canyon Trail shall be submitted for review and approval. In particular, the road
      construction plans shall show the street located in a minimum 52 foot right-of-way and
      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 or Spring Canyon Trail shall be vacated; 2. Upon submittal of a Preliminary Plat
      application, a cost estimate of the subdivision improvements shall be submitted for review
      and approval; 3. 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; 4. prior to Preliminary Plat approval by the City
      Council, a drainage, grading and erosion control plan be submitted for review and
      approval if any subdivision improvements are required as a part of this plat review unless
      a Variance is granted waiving those improvements; and, 5. Prior to the City’s acceptance
      of the public improvements, a warranty surety shall be submitted for review and approval
      as required.)

62.   No. 08PL009 - A request by Fisk Land Surveying & Consulting Engineers for Randy Long
      for a Preliminary Plat on Lots 42BR-Revised and 43AR and 43BR of Village on the
      Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Rapid City,
      Pennington County, South Dakota, legally described as Lots 42BR and 43 of Village on
      the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM,
      Pennington County, South Dakota, located adjacent to the north side of Mulligan Mile.
      (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to
      Preliminary Plat approval by the City Council, construction plans shall be submitted for
      review and approval showing a sidewalk along both sides of Mulligan Mile or a Variance
      to the Subdivision Regulations shall be approved; 2. Prior to Preliminary Plat approval by
      the City Council, the plat document shall be revised to show the dedication of an
      additional 3.5 feet of right-of-way for Mulligan Mile or a Variance to the Subdivision
      Regulations shall be obtained; 3. Prior to Preliminary Plat approval by the City Council, a
      cost estimate of the subdivision improvements shall be submitted for review and
      approval; and, 4. 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. 5. Prior to the City’s acceptance of the public
      improvements, a warranty surety shall be submitted for review and approval.)

END OF CONSENT CALENDAR

Motion was made by Hadcock and seconded to open public comment on Items 63 – 79 and 106
and 117. Motion carried. Janet Smith, Rapid City addressed items #65 (08TI001) and #66
(08TI002), suggesting that the location does not meet the definitions of blight. She pointed out
that there is no existing development that requires re-development. Dustin Willett, President of
Rapid City/Pennington County Water Rescue Team addressed item #67 (LF022708-25),
indicating that the property adjacent to the Executive Golf Course has a potential use as a
dive/rescue station. Doree, Rapid City addressed item #71 offering support for the new location
for the ATTA Powwow Gardens and Market; and indicating that her organization would be able
to provide a youth workforce for the venue. Robert Cook, President-Elect of NIEA addressed
item #71 indicating that the ATTA Powwow Gardens and Market will create opportunities for the
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CITY COUNCIL                                                                     MARCH 3, 2008

youth through education, apprenticeship, and workforce development; and the youth will be an
important factor in sustaining this venue. Cook encouraged the Council to move forward in
approving the selected site. Matt Fridell, Wyss Associates addressed item #71 giving a brief
overview of the site selected for ATTA Powwow Gardens and Market and asked for approval so
that plans can be formulated. Barney Horrell, Triple C Development, Norfolk, VA addressed
item #73 (08EX015), indicating his availability to answer questions. Janelle Finck, Fisk Land
Surveying addressed item #73 (08EX015), indicating that the re-development of the property for
the new Auto Zone store on East North Street at Racine Street, meets all the requirements with
the exception of the driveway approach. Finck indicated that there is no viable option regarding
the approach. Arthur Nave, Auto Zone, Memphis, TN addressed item #73 (08EX015), indicating
that they are looking forward to building a new store on East North Street; and indicated his
availability to answer questions. Steven Brenden, Rapid City addressed items #65 (08TI001)
and #66 (08TI002), indicating that the only costs the City should have an interest, is the
oversizing costs. He suggested that all other project costs should be paid by the developer.
Motion was made by Okrepkie and seconded to closed public comment on items 63 – 79 and
106 and 117. Motion carried.

NON-CONSENT ITEMS – Items 63 – 79, 106, 117

The Mayor presented (No. 07CA023), a request by Scull Construction for Whittingham &
Lestrange, LPI for an Amendment to the Adopted Comprehensive Plan to change the land
use designation from Park Forest to General Commercial with a Planned Commercial
Development on a parcel of land located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM,
Rapid City, Pennington County, South Dakota, described as follows: commencing at the rear lot
corner common to Lots 3 and 4 of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey
cap stamped LS 6117, Thence S25º59’34”E a distance of 55.29’ to the point of beginning;
Thence First Course: along a line with a bearing of N00º00'38"E and a distance of 355.70;
Thence Second Course: along a line with a bearing of S10º41'47"E and a distance of 590.96
feet; to an intersection with the northerly line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision;
Thence Third Course: along said Lot 5 and the northerly line of Lot 4 of Block 1 of Tower Ridge
2 Subdivision with a bearing of N25º59'34"W and a distance of 250.40 feet to the Point of
Beginning, located northeast of Table Rock Road. Motion was made by Hadcock and seconded
to acknowledge the applicant’s withdrawal of the application. Motion carried.

The Mayor presented (No. 07RZ043), second reading of Ordinance No. 5305, An Ordinance
Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within
Described Property as requested by Scull Construction for Whittingham & Lestrange, LPI for a
Rezoning from Park Forest District to General Commercial District on a parcel of land
located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM, Rapid City, Pennington County,
South Dakota, described as follows: commencing at the rear lot corner common to Lots 3 and 4
of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey cap stamped LS 6117, Thence
S25º59’34”E a distance of 55.29’ to the point of beginning; Thence First Course: along a line
with a bearing of N00º00'38"E and a distance of 355.70; Thence Second Course: along a line
with a bearing of S10º41'47"E and a distance of 590.96 feet; to an intersection with the northerly
line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 5
and the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision with a bearing of
N25º59'34"W and a distance of 250.40 feet to the Point of Beginning, located northeast of Table
Rock Road. Notice of hearing was published in the Rapid City Journal on June 23, 2007 and
June 30, 2007. Ordinance No. 5305 have had the first reading on June 18, 2007, motion was
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made by Hadcock and seconded to acknowledge the applicant’s withdrawal of the application.
Motion carried.

ORDINANCES

Ordinance No. 5371 (No. LF022708-08), Repealing Chapter 1.08 of the Rapid City Municipal
Code Relating to Wards an Precincts and Adopting a New Revised Chapter 1.08 of the Rapid
City Municipal Code was introduced. Motion was made by Hadcock and seconded that
Ordinance No. 5371 be placed upon its first reading and the title was fully and distinctly read
and second reading set for Monday, March 17, 2008. Motion carried.

Ordinance No.5370 (No. 08OA001), Adding Non-Overnight Dog Kennels and Corrals for
Transitory Animals as a Conditional Use by Amending Section 17.18.030 of the Rapid City
Municipal Code having passed first reading on February 19, 2008; motion was made by
Hadcock and seconded 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.
5370 was declared duly passed upon its second reading.

LEGAL & FINANCE COMMITTEE ITEMS

The Mayor presented (No. 08TI001), a request by Sperlich Consulting, Inc. for Doeck, LLC to
consider an application for a Creation of Tax Increment District on the SE1/4 NE1/4 and the
W1/2 SE1/4, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and,
The S1/2 S1/2 W1/2 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County,
South Dakota; and, Lot 1 of Block 1, Lots 1, 2, 6 and 7 of Block 2, Lots 1 through 20 of Block 3
and Roberta Street right-of-way adjacent to said lots, Earleen Street right-of-way, Kateland
Street right-of-way, all located in Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City,
Pennington County, South Dakota; and, Lot 1 of Block 5 and Lot 11 of Block 4, Kateland
Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and,
Lots 1 through 17 of Block 1, Lot 1 and Lot 22 of Block 3, Lot 1 and Lot 24 of Block 4, Lot 1 and
Lot 24 of Block 5, Lot 1 and 24 of Block 6, Lot 1 of Block 7, Bengal Drive right-of-way adjacent
to said lots, all located in Mall Ridge Subdivision, Section 13, T2N, R7E, BHM, Rapid City,
Pennington County, South Dakota; and, The unplatted portion of the SW1/4SE1/4 of Section 13,
T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 7 through 16 of Block
2 and Titan Drive right-of-way adjacent to said lots, Lots 1 through 6 of Block 3, Lots 1 through 3
of Block 6 and Three Rivers Drive right-of-way adjacent to said lots, Lots 1, 2, 3A, 4A, 5, 6, and
7 of Block 7, Lots 1 through 14 of Block 8 and Bengal Drive right-of-way adjacent to said lots,
Lots 18 through 22 of Block 8, all located in Northbrook Village Subdivision, Section 13, T2N,
R7E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4SE1/4 of Section 13,
T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Country Road right-of-way
located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot
DE of Tract 5 of Sletten Addition, Section 18, T2N, R8E, BHM, Rapid City, Pennington County,
South Dakota; and, The NE1/4 less Lot A and less Lot 1 of Hubbard Subdivision, Section 24,
T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4NE1/4 of
Section 23, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally
described as being located east and west of Haines Avenue and north and south of Country
Road. Motion was made by Johnson and seconded to approve a Creation of Tax Increment
District located east and west of Haines Avenue and north and south of Country Road.
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Responding to questions from the Council, the Tax Increment District Project Plan was outlined.
The plan includes culverts and grading at Cobalt Street and at Three Rivers Drive, oversizing
water/sewer for annexed land west of Haines Avenue, and oversizing water/sewer for
Brookfield, Professional Service Costs, Contingency Costs, and Necessary and Convenient
Costs. It was explained that the Contingency and Necessary and Convenient Costs are not
spent without approval of the Tax Increment Finance Committee, Planning Commission, and
City Council. Grading is specific to the installation of the culverts and drainage areas. Relative
to low income housing, there is no identified percentage that will be devoted to affordable
housing. The project under consideration was proposed because of the oversizing costs; and
the developers believed that the large crossings, which are part of the Drainage Basin Master
Plan, was enough justification to include those costs in the Tax Increment Financing. The Tax
Increment Finance Committee did discuss some element of affordable housing, but did not
make a recommendation. The Council could approve with an affordable housing component
only if the Council knew the number of percentage of the lots that should be affordable housing.
It was explained that this component would not change the amortization schedule from the
City’s viewpoint; however, it may affect the applicant’s ability to move forward in terms of their
Performa for the entire subdivision. A project is an economic development TID if any lots within
the project are intended to be used for commercial or industrial purposes. Qualifying as an
economic development TID addresses how State funds for education are allocated. Because
the Council agreed, by previous actions approving other Tax Increment District Plans, box
culverts and grading costs were included in the District under consideration.

Responding to a question from Alderman Chapman, the applicant indicated his willingness to
come forward with the full amount for the oversizing costs in this TIF district.

The boundaries of the Tax Increment District were outlined; and the property proposed for
commercial use was also outlined, suggesting that it may consist of one or two acres. Alderman
Hadcock suggested that Professional Services, Contingency, and Necessary and Convenient
Costs are double line items; and also suggested that this is a residential Tax Increment District
rather than an economic development Tax Increment District based on a one acre parcel
proposed for commercial use. Hadcock suggested the request be denied. It was indicated that
these types of oversizing costs for improvements have not been paid for through a Developer’s
Agreement. A request was made for a written opinion from the City Attorney’s Office and
Attorney General.

Substitute motion was made by Kooiker and seconded to refer the (08TI001), creation of Tax
Increment District, located east and west of Haines Avenue and north and south of Country
Road to the Tax Increment Finance Committee; ask that further information be gathered about
defining this TID as economic development; and ask the applicant what they are willing to
provide in terms of low income housing designated lots. It was explained that current rules are
set up that if you have a certain amount of commercial property you deem necessary, it can be
called an economic development TIF. Upon a vote being taken on the substitute motion, motion
carried.

The Mayor presented (No. 08TI002), a request by Sperlich Consulting, Inc. for Doeck, LLC to
consider an application for a Tax Increment District Project Plan on the SE1/4NE1/4 and the
W1/2SE1/4, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and,
The S1/2S1/2W1/2SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South
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Dakota; and, Lot 1 of Block 1, Lots 1, 2, 6 and 7 of Block 2, Lots 1 through 20 of Block 3 and
Roberta Street right-of-way adjacent to said lots, Earleen Street right-of-way, Kateland Street
right-of-way, all located in Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City,
Pennington County, South Dakota; and, Lot 1 of Block 5 and Lot 11 of Block 4, Kateland
Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and,
Lots 1 through 17 of Block 1, Lot 1 and Lot 22 of Block 3, Lot 1 and Lot 24 of Block 4, Lot 1 and
Lot 24 of Block 5, Lot 1 and 24 of Block 6, Lot 1 of Block 7, Bengal Drive right-of-way adjacent
to said lots, all located in Mall Ridge Subdivision, Section 13, T2N, R7E, BHM, Rapid City,
Pennington County, South Dakota; and, The unplatted portion of the SW1/4SE1/4 of Section 13,
T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 7 through 16 of Block
2 and Titan Drive right-of-way adjacent to said lots, Lots 1 through 6 of Block 3, Lots 1 through 3
of Block 6 and Three Rivers Drive right-of-way adjacent to said lots, Lots 1, 2, 3A, 4A, 5, 6, and
7 of Block 7, Lots 1 through 14 of Block 8 and Bengal Drive right-of-way adjacent to said lots,
Lots 18 through 22 of Block 8, all located in Northbrook Village Subdivision, Section 13, T2N,
R7E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4SE1/4 of Section 13,
T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Country Road right-of-way
located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot
DE of Tract 5 of Sletten Addition, Section 18, T2N, R8E, BHM, Rapid City, Pennington County,
South Dakota; and, The NE1/4 less Lot A and less Lot 1 of Hubbard Subdivision, Section 24,
T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4NE1/4 of
Section 23, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally
described as being located east and west of Haines Avenue and north and south of Country
Road. Motion was made by Hadcock and seconded that the application for a Tax Increment
District Project Plan be referred to the Tax Increment Finance Committee. Motion carried.

Motion was made by Chapman and seconded to (No. LF022708-25), acknowledge the report on
use of property adjacent to Executive Golf Course. The property in question is located north of
Omaha Street and south of the Executive Golf Course; and is currently owned by the State of
South Dakota. The State has inquired of the City if there is an interest in purchasing three
individual parcels valued at Ten Dollars per square foot for an estimated cost of $625,000. In
reviewing the property, the Parks and Recreation Advisory Board believed it desirable to acquire
the property for open space adjacent to the golf course and bike path. In discussions, the
Mayor and City staff determined there is no specific use proposed for the property and no
identified funding source available for the acquisition. The recommendation is not to purchase
the property. There is the possibility that a project could be designed to meet the requirements
of the Federal Greenway Funds. The project would be trailheads for the greenway/pedestrian
path expansion.

Substitute motion was made by Kooiker and seconded to continue the use of property adjacent
to Executive Golf Course to the May 28, 2008 Legal and Finance Committee meeting to allow
staff an opportunity to continue the discussions with the SD Department of Transportation and
determine if the property can be incorporated into the greenway fund. Motion carried.

Motion was made by Hadcock and seconded to (No. LF022708-26), request staff to prepare an
annexation study of the North Valley Drive Annexation area, a Notice of Hearing, and a
Resolution of Intent to Annex. Motion carried.



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Motion was made by Hadcock and seconded to refer (No. LF121207-28A), a Resolution
Directing that City Staff Convert the Current Ten Hour Parking Meters along Apolda Street to
Two Hour Meters to the March 12, 2008 Legal and Finance Committee meeting. Motion carried.

PUBLIC WORKS COMMITTEE ITEMS

Motion was made by LaCroix and seconded to table (No. PW021208-01), Concrete Pavement
Benefits and Life Cycle Costs presentation by American Concrete Pavement Association, Larry
Engbrecht. Motion carried.

Motion was made by LaCroix and seconded to designate the proposed new site, located north
of the Journey Museum and along the hillside for the ATTA Powwow Gardens and Market Site;
and authorize the applicant to proceed with the 11-6-19 Review Application. It was agreed that
this endeavor is an opportunity for the youth and the City to learn about the culture and culture
of others. ATTA organizers were encouraged to attend the Council’s Annual 2012 Program
meeting. Motion carried.

Parks & Recreation Director Cole addressed the (No. PW092507-19), requirements for use of
Greenway Pedestrian Bike Path Funds. Two public sessions were conducted to solicit input,
and correspondence was also received by mail and electronically. Through the public input, it
was found that the community wanted new trails throughout the entire community. Pathways
are beneficial in terms of health, recreation, environment, and economics.

Criteria used in evaluating the comments included guidelines from the Federal Transportation
Administration, the Parks and Recreation Department, and the community. The FTA guidelines
are the following: the project must be located within Rapid City; must be tied to existing
greenway and bike/pedestrian paths; must involve expansion of the existing bike/pedestrian
paths; and must not involve condemnation. The P&R Department guidelines are the following:
does it improve or fix safety issues; is it part of an unfinished project; is it part of an existing
master plan; and what project will create the most use in new biking and walking trips. The
community guidelines are the following: will the project make an impact in terms of use,
visibility, and economics on the City; will it leverage other resources; are there other monies out
there that can be utilized to develop a bigger and better project than just the $1.7 Million from
the Highway Transportation Fund; will it improve connections to other bike and pedestrian areas
in the City; and will it raise public awareness of walking and biking in the community.

More than fifty comments were reviewed and a matrix was developed using the criteria and
each project was rated against the criteria. The number one project was the Founders Parks
upgrades and trail expansion; second was the connection to the bike path along Steele Avenue
to the School of Mines; third was the extension of the bike to Rapid Valley along the greenway
or The Rails to Trails; and the fourth project is the extension of the bike path from the Fish
Hatchery, west to the Cliffside Park.

The Founders Park project would include upgrades, expanding the existing parking area,
restrooms, pedestrian bridge creek crossing; and trail connections to existing trails throughout
the park. The preliminary cost estimate for these elements is in excess of $1.5 Million. It was
noted that there are other funds that could be leveraged to use in this project. The preliminary
cost for the connection of the bike path along Steele Avenue, crossing St. Joe Street to the
School of Mines is estimated at $325,000. The preliminary cost for the extension of the bike
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path to Rapid Valley is estimated at $800,000 to $1.5 Million depending on whether the bike
path is extended along the greenway or The Rails to Trails. The preliminary cost estimated of
$300,000 applies only to paving the bike extension between the Fish Hatchery and Cliffside
Park. No cost estimate is available for the land acquisition associated with the bike extension
between the Fish Hatchery and Cliffside Park.

Motion was made by Chapman and seconded to acknowledge the report on the use of
Greenway Pedestrian Bike Path Funds; and refer this issue to the March 12, 2008 Legal and
Finance Committee meeting for further discussion and recommendation. Motion carried.

The Mayor presented (No. 08EX015), an appeal of the denial of a request to allow a driveway
approach which is not directly opposite and does not meet minimum spacing requirements on
East North Street (proposed Auto Zone). Motion was made by LaCroix and seconded to
approve. The City Traffic Engineer evaluated the feasibility of the access location and it
appears that the present location of the access is the best location for the driveway. The
recommendation is to approve the driveway as located on the site plan. It was point out that the
Council is creating a non-conforming situation. The recommendation is to also include a
covenant. This covenant will clearly define that the City will not be liable for damages if the City
has to close the access in the future.

With the consent of the Council, the second to the motion was withdrawn.

Motion was made by LaCroix and seconded to approve the driveway as located on the site plan,
with the stipulation that the applicant sign a covenant that is acceptable with the City Attorney.
The agent for Auto Zone indicated that they will advise their client not to sign a covenant as the
reconstruction of East North Street may bring the property into compliance. Opposition to the
stipulation of a covenant was expressed by Council members. During the time that the East
North Street reconstruction project is being designed, staff would take the opportunity to visit
with Checker Auto Parts about realigning their driveway to match the driveway of Auto Zone.
Checker Auto Parts will be under no obligation to realign their driveway. Rapid City could act on
the proposed covenant if there is a change in use of the property.

Substitute motion was made by Hurlbut and seconded approve the driveway as located on the
site plan, with the stipulation that the applicant sign a covenant that will be acted upon when
there is a change of the business use of the premises. The applicant agreed that this
compromise was acceptable. Opposition to the stipulation that the covenant will only be
enacted with a change in use was expressed by Council members. Upon a roll call vote on the
substitute motion, the following voted AYE: LaCroix, Johnson, Hurlbut, Okrepkie, and Olson;
NO: Hadcock, Chapman, Weifenbach, Kroeger, and Kooiker. The Chair voted NO, motion
failed.

Upon a roll call vote on the original motion to approve, the following voted AYE: Johnson,
Hadcock, Chapman, Weifenbach, Olson, and Kooiker; NO: Hurlbut, Okrepkie, Kroeger, and
LaCroix. Motion carried.

The Mayor presented (No. 08EX013), a request to the Development, Appeals and Review
Board (DARB) to hear the request by Merlin Stromer to consider an exception to allow access
to a Higher Order Street on Lot B, Bar P-S Subdivision, Rapid City, South Dakota; and make a
recommendation to the City Council (File No. 08PL007). Motion was made by LaCroix and
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seconded to continue this item to the March 17, 2008 Council meeting at the applicant’s
request.

Substitute motion was made by Olson and seconded to refer this item to the March 11, 2008
Public Works Committee meeting.

Second substitute motion was made by Kooiker and seconded to request the Development,
Appeals and Review Board (DARB) to hear the request by Merlin Stromer to consider an
exception to allow access to a Higher Order Street on Lot B, Bar P-S Subdivision. Motion
carried.

BIDS

The following companies submitted bids for the (No. CC030308-02), 2008 Street Painting
Contract Project No. PM08-1696 / CIP No. 50594 opened February 26, 2008: Bestway Traffic,
Inc., Highway Technologies, Inc. and Traffic Services Company. Staff reviewed the bids and
recommends the bid award to Traffic Services Company. Motion was made by Hadcock and
seconded to approve the bid award for the 2008 Street Painting Contract Project No. PM08-
1696 to the lowest responsible bidder meeting specifications, Traffic Services Company, for the
low unit prices bid for a total contract amount of $60,642.90. Motion carried.

The following companies submitted bids for the (No. CC030308-02), 2008 Police Vehicle
Contract for Six Ford Crown Victoria Patrol Cars opened February 26, 2008: McKie Ford. Staff
reviewed the bid and recommends the bid award to McKie. Motion was made by Hadcock and
seconded to approve the bid award for the 2008 Police Vehicle Contract for Six Ford Crown
Victoria Patrol Cars to the lowest responsible bidder meeting specifications, McKie, for the low
unit prices bid for a total contract amount of $148,104.00. Motion carried.

MAYOR’S ITEMS

Engineering Project Manager Johnson gave a brief Vision 2012 Program update outlining
change orders that adjusted project costs; contract amendments that also adjusted project
costs; and contingency amounts remaining for the Civic Center and Dahl Arts Center expansion
projects. The Council’s Annual 2012 Program meeting is scheduled Monday, March 31, 2008 at
7:00 P.M. in the Council Chambers. Civic Center Manager Maliske was invited to the March 17,
2008 Council meeting to brief the members on the progress of the Civic Center expansion
project.

Motion was made by Okrepkie and seconded to modify the Vision 2012 Project Update
spreadsheet by adding a column for Operations and Maintenance Costs that are on-going
expenses to the City. Motion carried.

COUNCIL ITEMS & LIAISON REPORTS

Alderman Hadcock addressed the Polar Plunge Benefit for South Dakota Special Olympics and
extended her appreciation to the participants and the organizers.

APPEALS - Sign Code Appeals

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Motion was made by Hadcock and seconded to continue (No. CC110507-03), 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 to the March 17, 2008 Council meeting. Motion carried.

Motion was made by Hadcock and seconded to continue (No. CC110507-04), 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 March 17,
2008 Council meeting. Motion carried.

PUBLIC HEARING ITEMS – Items 80 – 118

Motion was made by Chapman and seconded to open the public hearing on items 80 – 118.
Steven Brenden, Rapid City addressed item #118 (07RZ058), indicating the change in zoning
may lead to increased traffic in a school zone.

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 80 - 104

Motion was made by Olson and seconded to approve the following items as they appear on the
Continued Public Hearing Consent Items. Motion carried.

Continue the following items until March 17, 2008:
80.   No. 06PL090 - A request by Dream Design International for a Preliminary Plat on Lots 1
      thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of
      Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots
      1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12
      and Dedicated Right-of-Way, Elks Meadows Subdivision, located in the E1/2 NE1/4,
      Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally
      described as the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM,
      Pennington County, South Dakota, located east of the intersection of Elk Vale Road and
      Old Folsom Road.

81.   No. 07CA062 - A request by Dream Design International, Inc. for Signature Homes, LLC
      for an Amendment to the Adopted Comprehensive Plan to revise the Major Street
      Plan by relocating a minor arterial street on Sections 18 and Section 19, T2N, R8E,
      BHM, Pennington County, South Dakota, located on proposed LaCrosse Street north of
      Seger Drive.

82.   No. 07PL067 - A request by Whittingham & Lestrange, LPI for a Preliminary Plat on
      Tracts 1 thru 3 of Block 1, Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B
      Revised, Lot 1 and Lot 2 of Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A
      of Meadow View Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-
      of-Way; all located in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N,
      R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion
      of the unplatted portion of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of
      Block 2 and a portion of Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision;
      Lots 1 thru 4, a portion of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road
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      Right-of-Way of Tower Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section
      26 (Promise Road Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the
      unplatted portion of the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26;
      Lot H3 of Section 26 and Tucker Street Right-of-way; the unplatted portion of the SE1/4
      of the NW1/4 of the NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-way (the
      Maze property); Tract AR2 and Tract B of Needles Subdivision, Tract a of Meadow View
      Subdivision in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South
      Dakota, located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

83.   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.

84.   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.

85.   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.

86.   No. 07PL134 - A request by Dream Design International, Inc. for a Preliminary Plat on
      Lots 1 thru 12 of Block 1, Lots 1 thru 7 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 thru
      15 of Block 4, and Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the
      dedicated Right-of-way, located in the W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E,
      BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the
      unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City,
      Pennington County, South Dakota, located at the southern terminus of Dreamscape
      Drive.

87.   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.

88.   No. 07PL152 - A request by Sperlich Consulting for Ron Shape for a Preliminary Plat
      on Lots 1 through 6 of Block 1, Lots 1 through 8 of Block 2, Lots 1 through 8 of Block 3,
      Lots 1 through 8 of Block 4, Lot 1 of Block 5, Lot 1 of Block 6, and Lot 1 of Block 7,
      Homestead Subdivision, located in the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM,
                                              17
CITY COUNCIL                                                                    MARCH 3, 2008

      Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4
      of the NE1/4 of Section 3, located in the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM,
      Rapid City, Pennington County, South Dakota, located at the eastern terminus of
      Homestead Street and west of Reservoir Road.

89.   No. 07PL164 - A request by Arleth & Associates for a Preliminary Plat on Lot 2 of the
      Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City,
      Pennington County, South Dakota, legally described as the Plat of the Days Inn Tract
      and Burger King Tract a replat of Lot 2 of the Trijowinn Subdivision, located in the NW1/4,
      Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 719
      Jackson Boulevard.

90.   No. 07PL166 - A request by Oliver A. Freimark for a Layout Plat on Lot 1 of Spring
      Creek Estates Subdivision, located in a portion of the NE1/4 SE1/4, Section 3, T1S, R7E,
      BHM, Pennington County, South Dakota, legally described as a portion of the NE1/4
      SE1/4, Section 3, T1S, R7E, BHM, Pennington County, South Dakota, located at 8686
      South Highway 16.

91.   No. 07PL180 - A request by Dream Design International for Signature Homes, LLC for a
      Layout Plat on Lots 1 thru 263 and Tracts A, B, D, E, F, G, H, I, J and K of Prairie
      Meadows Subdivision, located in Section 18, T2N, R7E, BHM, Rapid City, Pennington
      County, South Dakota, legally described as Government Lot 4 less Right-of-way, the
      unplatted balance of the SE1/4 SW1/4, and the unplatted balance of the S1/2 SE1/4,
      Section 18, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located
      north of Country Road, east of Cobalt Avenue and west of 143rd Street.

92.   No. 07SV026 - A request by Whittingham & Lestrange, LPI for a Variance to the
      Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk,
      street light conduit, water and sewer along Catron Boulevard and U. S. Highway 16
      as per Chapter 16.16 of the Rapid City Municipal Code on Tracts 1 thru 3 of Block 1,
      Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B Revised, Lot 1 and Lot 2 of
      Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A of Meadow View
      Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-of-Way; all located
      in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City,
      Pennington County, South Dakota, legally described as a portion of the unplatted portion
      of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of Block 2 and a portion of
      Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision; Lots 1 thru 4, a portion
      of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road Right-of-Way of Tower
      Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section 26 (Promise Road
      Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the unplatted portion of
      the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26; Lot H3 of Section 26
      and Tucker Street Right-of-Way; the unplatted portion of the SE1/4 of the NW1/4 of the
      NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-Way (the Maze property); Tract
      AR2 and Tract B of Needles Subdivision, Tract A of Meadow View Subdivision in Section
      26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of
      the intersection of U. S. Highway 16 and Catron Boulevard.

93.   No. 07SV057 - A request by Dream Design International, Inc. for a Variance to the
      Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk,
                                          18
CITY COUNCIL                                                                  MARCH 3, 2008

      street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid
      City Municipal Code on Lots 1 thru 12 of Block 1, Lots 1 thru 7 of Block 2, Lots 1 thru 4
      of Block 3, Lots 1 thru 15 of Block 4, and Lots 1 thru 31 of Block 5 of Hyland Crossing
      Subdivision and the Dedicated Right-of-way, located in the W1/2 SE1/4; SE1/4 SE1/4,
      Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally
      described as the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM,
      Rapid City, Pennington County, South Dakota, located at the southern terminus of
      Dreamscape Drive.

94.   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.

95.   No. 07SV070 - A request by Sperlich Consulting, Inc. for James Letner for a Variance to
      the Subdivision Regulations to waive the requirement to dedicate ten additional
      feet of right-of-way along East St. Patrick Street; to waive the requirement to
      dedicate seventeen additional feet of right-of-way along Creek Drive adjacent to
      proposed Lot 8; to install additional pavement, curb, gutter, sidewalk and street
      light conduit along Creek Drive; to install sidewalk along the south side of East St.
      Charles Street; and, to provide a planting screen easement along East St. Patrick
      Street and Creek Drive 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
      1624 East St. Patrick Street.

96.   No. 07VR005 - A request by Dream Design International, Inc. for a Vacation of Right-of-
      way on the portion of the unplatted balance lying between Lancer Drive and Elk Vale
      Road of the SE1/4 less Lot H1, less Lots H3 and H4 of the W1/2 SE1/4 and less Lots H3,
      H4 and H5 of the E1/2 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington
      County, South Dakota, located southeast of the intersection of Lancer Drive and Elk Vale
      Road.

97.   No. 08CA001 - A request by Dream Design International, Inc. for Signature Homes, LLC
      for an Amendment to the Adopted Comprehensive Plan to change the land use
      designation from Low Density Residential District with a Planned Residential
      Development to Medium Density Residential District with a Planned Residential
      Development on a portion of Government Lot 4, Section 18, T2N, R8E, BHM, Rapid
      City, Pennington County, South Dakota, more fully described as follows: Commencing at
      the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning.
      Thence, first course: N00º07’57”E, a distance of 607.71 feet, Thence, second course:
      S89º45’23”E, a distance of 348.37 feet; Thence, third course: S45º18’29”E, a distance of
      148.27 feet; Thence, fourth course: S41º57’10”E, a distance of 97.30 feet; Thence, fifth
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CITY COUNCIL                                                                   MARCH 3, 2008

      course: S60º00’17”E, a distance of 82.33 feet; Thence, sixth course: S74º07’50”E, a
      distance of 100.83 feet; Thence, seventh course: S89º41’41”E, a distance of 89.82 feet;
      Thence, eighth course: N85º07’42”E, a distance of 72.62 feet; Thence, ninth course:
      N74º29’46”E, a distance of 101.06 feet; Thence, tenth course: N56º32’29”E, a distance of
      93.59 feet; Thence, eleventh course: S59º22’45”E, a distance of 105.77 feet; Thence,
      twelfth course: S89º45’23”E, a distance of 54.68 feet; Thence, thirteenth course:
      S00º14’37”W, a distance of 117.37 feet; Thence, fourteenth course: S89º45’23”E, a
      distance of 100.00 feet; Thence, fifteenth course: S00º14’37”W, a distance of 40.61 feet;
      Thence, sixteenth course: S89º37’07”E, a distance of 20.52 feet, to the northwesterly
      corner of Lot 1 of Mailloux Subdivision in Lot B in the SE ¼ of the SW ¼ of Section 18,
      T2N, R8E, BHM; Thence, seventeenth course: S00º23’45”W, along the westerly
      boundary of said Lot 1, a distance of 208.56 feet, to the southwesterly corner of said Lot
      1; Thence, eighteenth course: S00º23’45”W, a distance of 33.00 feet, to a point on the
      section line common to Sections 18, and 19; Thence, nineteenth course: N89º35’54”W,
      along the section line common to Sections 18, and 19, a distance of 1290.05 feet, to the
      Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning,
      located north of Country Road, east of Cobalt Avenue and west of 143rd Street.

98.   No. 08CA002 - A request by Dream Design International, Inc. for Signature Homes, LLC
      for an Amendment to the Adopted Comprehensive Plan to change the land use
      designation from Low Density Residential to Medium Density Residential with a
      Planned Residential Development on a portion of the unplatted balance of the S1/2
      SE1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more
      fully described as follows: Commencing at the Section Corner common to Sections 17,
      18, 19, and 20, Thence N89º37’14”W, along the section line common to Sections 18 and
      19, a distance of 333.22 feet, to the point of beginning; Thence, first course:
      N89º37’14”W, along the section line common to Sections 18 and 19, a distance of
      1678.81 feet; Thence, second course: N00º22’46”E, a distance of 33.00 feet, to the
      southeasterly corner of Lot A of the SW1/4 of the SE1/4 of Section 18, T2N, R8E, BHM;
      Thence, third course: N00º25’46”E, along the easterly boundary of said Lot A, a distance
      of 208.20 feet, to the northeasterly corner of said Lot A; Thence, fourth course:
      S89º34’30”E, a distance of 199.01 feet; Thence, fifth course: N00º14’37”E, a distance of
      610.83 feet; Thence, sixth course: S89º45’23”E, a distance of 234.88 feet; Thence,
      seventh course: S39º45’06”E, a distance of 91.40 feet; Thence, eighth course:
      S74º45’23”E, a distance of 71.54 feet; Thence, ninth course: N50º14’54”E, a distance of
      78.96 feet; Thence, tenth course: S39º45’06”E, a distance of 14.60 feet; Thence,
      eleventh course: curving to the right, on a curve with a radius of 224.00 feet, a delta
      angle of 23º40’06”, a length of 92.53 feet, a chord bearing of S27º55’03”E, and chord
      distance of 91.88 feet; Thence, twelfth course: N73º55’00”E, a distance of 208.37 feet;
      Thence, thirteenth course: N39º45’06”W, a distance of 712.01 feet, to a point on the
      section 1/16th line; Thence, fourteenth course: S89º33’44”E, along the section 1/16th
      line, a distance of 1256.40 feet; Thence, fifteenth course: S00º02’35”W, a distance of
      975.25 feet, to the northwesterly corner of Lot 1 of North Haines Subdivision; Thence,
      sixteenth course: S00º02’34”W, along the westerly boundary of said Lot 1, a distance of
      299.94 feet, to the southwesterly corner of said Lot 1; Thence, seventeenth course:
      S00º22’46”W, a distance of 50.01 feet, to a point on the section line common to Sections
      18 and 19 and the point of beginning, located north of Country Road, east of Cobalt
      Avenue and west of 143rd.

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CITY COUNCIL                                                                    MARCH 3, 2008

99.    No. 08PL001 - A request by Black Hills Surveying for Duane Hosek for a Preliminary
       Plat on Lots 1 and 2 of Hosek Subdivision, Section 25, T2N, R7E, BHM, Rapid City,
       Pennington County, South Dakota, legally described as all of Block 24 of Mahoney
       Addition, less the west 25 feet, less the south eight and one half feet and the east eight
       and one half feet, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South
       Dakota, located at 1509 Midway.

100.   No. 08PL007 - A request by Davis Engineering, Inc. for Merlin Stromer for a Preliminary
       Plat on Lots B1 and B2 of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N,
       R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South
       Dakota, legally described as Lot B of Bar P-S Subdivision, located in the SW1/4 Section
       20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington
       County, South Dakota, located at the northeast corner of the intersection of S.D. Highway
       44 and Airport Road.

101.   No. 08RZ002 - Second Reading, Ordinance No. 5367, 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 Signature Homes, LLC for
       a Rezoning from Low Density Residential to Medium Density Residential on a
       portion of Government Lot 4, Section 18, T2N, R8E, BHM, Rapid City, Pennington
       County, South Dakota, more fully described as follows: Commencing at the Section
       Corner common to Sections 13, 18, 19, and 24, and the point of beginning. Thence, first
       course: N00º07’57”E, a distance of 607.71 feet, Thence, second course: S89º45’23”E, a
       distance of 348.37 feet; Thence, third course: S45º18’29”E, a distance of 148.27 feet;
       Thence, fourth course: S41º57’10”E, a distance of 97.30 feet; Thence, fifth course:
       S60º00’17”E, a distance of 82.33 feet; Thence, sixth course: S74º07’50”E, a distance of
       100.83 feet; Thence, seventh course: S89º41’41”E, a distance of 89.82 feet; Thence,
       eighth course: N85º07’42”E, a distance of 72.62 feet; Thence, ninth course: N74º29’46”E,
       a distance of 101.06 feet; Thence, tenth course: N56º32’29”E, a distance of 93.59 feet;
       Thence, eleventh course: S59º22’45”E, a distance of 105.77 feet; Thence, twelfth course:
       S89º45’23”E, a distance of 54.68 feet; Thence, thirteenth course: S00º14’37”W, a
       distance of 117.37 feet; Thence, fourteenth course: S89º45’23”E, a distance of 100.00
       feet; Thence, fifteenth course: S00º14’37”W, a distance of 40.61 feet; Thence, sixteenth
       course: S89º37’07”E, a distance of 20.52 feet, to the northwesterly corner of Lot 1 of
       Mailloux Subdivision in Lot B in the SE ¼ of the SW ¼ of Section 18, T2N, R8E, BHM;
       Thence, seventeenth course: S00º23’45”W, along the westerly boundary of said Lot 1, a
       distance of 208.56 feet, to the southwesterly corner of said Lot 1; Thence, eighteenth
       course: S00º23’45”W, a distance of 33.00 feet, to a point on the section line common to
       Sections 18, and 19; Thence, nineteenth course: N89º35’54”W, along the section line
       common to Sections 18, and 19, a distance of 1290.05 feet, to the Section Corner
       common to Sections 13, 18, 19, and 24, and the point of beginning, located north of
       Country Road, east of Cobalt Avenue and west of 143rd Street.

102.   No. 08RZ003 - Second Reading, Ordinance No. 5368, 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 Signature Homes, LLC for
       a Rezoning from Low Density Residential to Medium Density Residential on a
       portion of the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Rapid
       City, Pennington County, South Dakota, more fully described as follows: Commencing at
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CITY COUNCIL                                                                   MARCH 3, 2008

       the Section Corner common to Sections 17, 18, 19, and 20, Thence N89º37’14”W, along
       the section line common to Sections 18 and 19, a distance of 333.22 feet, to the point of
       beginning; Thence, first course: N89º37’14”W, along the section line common to Sections
       18 and 19, a distance of 1678.81 feet; Thence, second course: N00º22’46”E, a distance
       of 33.00 feet, to the southeasterly corner of Lot A of the SW1/4 of the SE1/4 of Section
       18, T2N, R8E, BHM; Thence, third course: N00º25’46”E, along the easterly boundary of
       said Lot A, a distance of 208.20 feet, to the northeasterly corner of said Lot A; Thence,
       fourth course: S89º34’30”E, a distance of 199.01 feet; Thence, fifth course: N00º14’37”E,
       a distance of 610.83 feet; Thence, sixth course: S89º45’23”E, a distance of 234.88 feet;
       Thence, seventh course: S39º45’06”E, a distance of 91.40 feet; Thence, eighth course:
       S74º45’23”E, a distance of 71.54 feet; Thence, ninth course: N50º14’54”E, a distance of
       78.96 feet; Thence, tenth course: S39º45’06”E, a distance of 14.60 feet; Thence,
       eleventh course: curving to the right, on a curve with a radius of 224.00 feet, a delta
       angle of 23º40’06”, a length of 92.53 feet, a chord bearing of S27º55’03”E, and chord
       distance of 91.88 feet; Thence, twelfth course: N73º55’00”E, a distance of 208.37 feet;
       Thence, thirteenth course: N39º45’06”W, a distance of 712.01 feet, to a point on the
       section 1/16th line; Thence, fourteenth course: S89º33’44”E, along the section 1/16th
       line, a distance of 1256.40 feet; Thence, fifteenth course: S00º02’35”W, a distance of
       975.25 feet, to the northwesterly corner of Lot 1 of North Haines Subdivision; Thence,
       sixteenth course: S00º02’34”W, along the westerly boundary of said Lot 1, a distance of
       299.94 feet, to the southwesterly corner of said Lot 1; Thence, seventeenth course:
       S00º22’46”W, a distance of 50.01 feet, to a point on the section line common to Sections
       18 and 19 and the point of beginning, located north of Country Road, east of Cobalt
       Avenue and west of 143rd.

103.   No. 08SV001 - A request by Black Hills Surveying for Duane Hosek for a Variance to the
       Subdivision Regulations to waive the requirement to install sidewalk and reduce
       thel pavement width from 27 feet to 24 feet and to dedicate additional Right-of-Way
       along Midway Street; and a Variance to the Subdivision Regulations to waive the
       requirement to install sidewalk and to reduce the pavement width from 27 feet to
       24 feet and to dedicate additional Right-of-way along Patton Street as per Chapter
       16 of the Rapid City Municipal Code on Lots 1 and 2 of Hosek Subdivision, Section 25,
       T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all
       of Block 24 of Mahoney Addition, less the west 25 feet, less the south eight and one half
       feet and the east eight and one half feet, Section 25, T2N, R7E, BHM, Rapid City,
       Pennington County, South Dakota, located at 1509 Midway.

104.   No. 08SV003 - A request by Davis Engineering, Inc. for Merlin Stromer for a Variance to
       the Subdivision Regulations to waive the requirement to install curb, gutter,
       sidwalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of
       the Rapid City Municipal Code on Lots B1 and B2 of Bar P-S Subdivision, located in
       the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E,
       BHM, Pennington County, South Dakota, legally described as Lot B of Bar P-S
       Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4,
       Section 29, T1N, R9E, BHM, Pennington County, South Dakota, located at the northeast
       corner of the intersection of S.D. Highway 44 and Airport Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

                                              22
CITY COUNCIL                                                                    MARCH 3, 2008

Motion was made by Hadcock and seconded to close the public hearing on items 80 – 118.
Motion carried.

CONSENT PUBLIC HEARING ITEMS – Item 105

Motion was made by Hadcock and seconded to approve the Consent Public Hearings Item.
Motion carried.

ALCOHOL LICENSES

105.   Walter Banovil dba Picasso Barn Pizzeria, 325 Omaha Street, Suite 6 for a Retail (On-
       Off Sale) Malt Beverage License with NO Video Lottery TRANSFER from Picasso Barn
       Pizzeria, LLC dba Picasso Barn Pizzeria, 556 Kirkeby Lane

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 106 – 118

The Mayor presented (No. 07CA055), a request by City of Rapid City for an Amendment to the
Adopted Comprehensive Plan to change the land use designation from Rural Reserve to
General Commercial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South
Dakota, more fully described as follows: Commencing at the Section Corner common to
Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence N00º04’09”W. along the section line
common to Sections 21, and 22, a distance of 530.00 feet to the point of beginning; Thence, first
course: S89º55’51”W, a distance of 449.12 feet; Thence, second course: N00º07’41”W, a
distance of 860.00 feet; Thence third course: N89º55’51”E, a distance of 450.00 feet, to a point
on the section line common to Sections 21, and 22; Thence, fourth course: S00º04’09”E, along
the section line common to Sections 21, and 22, a distance of 860.00 feet, to the point of
beginning, located north of Seger Drive and west of Elk Vale Road. The following resolution
was introduced, read, and LaCroix moved its adoption.

                  RESOLUTION AMENDING THE COMPREHENSIVE PLAN
                            OF THE CITY OF RAPID CITY

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 day of March, 2008 in 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 change the land use
designation from Rural Reserve to General Commercial, on a portion of Section 21, T2N, R8E,
BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the
Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence N00º04’09”W.
along the section line common to Sections 21, and 22, a distance of 530.00 feet to the point of
beginning; Thence, first course: S89º55’51”W, a distance of 449.12 feet; Thence, second
course: N00º07’41”W, a distance of 860.00 feet; Thence third course: N89º55’51”E, a distance
of 450.00 feet, to a point on the section line common to Sections 21, and 22; Thence, fourth
                                               23
CITY COUNCIL                                                                   MARCH 3, 2008

course: S00º04’09”E, along the section line common to Sections 21, and 22, a distance of
860.00 feet, to the point of beginning; 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 amended to change the land use designation from Rural Reserve to General Commercial, on
a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully
described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and
28, T2N, R8E, BHM, thence N00º04’09”W. along the section line common to Sections 21, and
22, a distance of 530.00 feet to the point of beginning; Thence, first course: S89º55’51”W, a
distance of 449.12 feet; Thence, second course: N00º07’41”W, a distance of 860.00 feet;
Thence third course: N89º55’51”E, a distance of 450.00 feet, to a point on the section line
common to Sections 21, and 22; Thence, fourth course: S00º04’09”E, along the section line
common to Sections 21, and 22, a distance of 860.00 feet, to the point of beginning as attached
to the original hereof and that such amendment be filed with the City Finance Office.

Dated this 3rd day of March, 2008.

                                                      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. This Comprehensive
Plan Amendment has been discussed by the Future Land Use Committee and the Planning
Commission, who have recommended approval. There is no requirement for a Planned
Development Designation on this proposed change because of the Light Industrial that exists in
the area without a Planned Development. The Rural Reserve is not a zoning, but a
Comprehensive Plan Designation that is identified on the Comprehensive Plans and Future
Land Use Plans for areas where urban services are not in place. It is intended that the lots
would be large lots of forty acres or more. This particular area was identified as such because
of floodplain issues in the area. Flood maps have been submitted to FEMA for review and
approval. The applicant will have to annex the property into the City limits; and at that time,
zonings would be appropriate. The Council could, before approving a rezoning of the property
and after annexation, request the applicant to submit those with a Planned Development
Designation. The applicant is working with the Future Land Use Committee and would be
agreeable to the Planned Development Designation on the 500 foot frontage off Elk Vale Road.
The following voted AYE: Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson,
Kroeger, and Kooiker; NO: None; ABSTAIN: LaCroix; whereupon said resolution was declared
duly passed and adopted.

The Mayor presented (No. 07CA056), a request by City of Rapid City for an Amendment to the
Adopted Comprehensive Plan to change the land use designation from Rural Reserve to
Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota,
more fully described as follows: Commencing at the southeasterly corner of Lot 2R of Beaird
Subdivision and the point of beginning, Thence, first course: S74º37’29”E, a distance of 1202.78
                                               24
CITY COUNCIL                                                                   MARCH 3, 2008

feet; Thence, second course: S31º45’55”E, a distance of 1162.49 feet; Thence, third course:
S90º00’00”W, a distance of 439.54 feet; Thence, fourth course: N00º00’00”E, a distance of
428.29 feet; Thence, fifth course: N37º32’29”W, a distance of 394.90 feet; Thence, sixth course:
N62º35’52”W, a distance of 1229.50 feet, to the southeasterly corner of Lot 2R of Beaird
Subdivision and the point of beginning, located north of Seger Drive and west of Elk Vale Road.
Motion was made by Kroeger and seconded to approve. Substitute motion was made by
Johnson and seconded to deny without prejudice at the applicant’s request. Motion carried with
LaCroix abstaining.

The Mayor presented (No. 07CA057), a request by City of Rapid City for an Amendment to the
Adopted Comprehensive Plan to change the land use designation from Public to Light
Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more
fully described as follows: Commencing at section corner common to Sections 20, 21, 28, and
29 T2N, R8E, BHM, thence N00º02’15”W, a distance of 521.16 feet to the point of beginning,
Thence, first course: N00º02’15”W, along the section line common to Sections 20 and 21, a
distance of 941.15 feet; Thence, second course: S48º29’18”E, a distance of 331.54 feet;
Thence, third course: S83º10’38”E, a distance of 304.61 feet; Thence, fourth course:
N88º20’00”E, a distance of 1840.91 feet; Thence, fifth course: N60º21’45”E, a distance of
305.29 feet; Thence, sixth course: N00º00’00”E, a distance of 1256.52 feet; Thence seventh
course: N90º00’00”E, a distance of 439.54 feet; Thence eighth course: S31º45’55”E, a distance
of 187.71 feet; Thence ninth course: S70º52’51”E, a distance of 832.49 feet; Thence tenth
course: S00º00’00”E, a distance of 1709.19 feet; Thence eleventh course: S89º55’51”W, a
distance of 3980.51 feet, to a point on the section line common to Sections 20 and 21, and the
point of beginning, located north of Seger Drive and west of Elk Vale Road. The following
resolution was introduced, read, and Hadcock moved its adoption.

                  RESOLUTION AMENDING THE COMPREHENSIVE PLAN
                            OF THE CITY OF RAPID CITY

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 day of March, 2008, 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 Adopted Comprehensive Plan would change the
land use designation from Public to Light Industrial, on a portion of Section 21, T2N, R8E, BHM,
Pennington County, South Dakota, more fully described as follows: Commencing at section
corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, thence N00º02’15”W, a
distance of 521.16 feet to the point of beginning, Thence, first course: N00º02’15”W, along the
section line common to Sections 20 and 21, a distance of 941.15 feet; Thence, second course:
S48º29’18”E, a distance of 331.54 feet; Thence, third course: S83º10’38”E, a distance of 304.61
feet; Thence, fourth course: N88º20’00”E, a distance of 1840.91 feet; Thence, fifth course:
N60º21’45”E, a distance of 305.29 feet; Thence, sixth course: N00º00’00”E, a distance of
1256.52 feet; Thence seventh course: N90º00’00”E, a distance of 439.54 feet; Thence eighth
course: S31º45’55”E, a distance of 187.71 feet; Thence ninth course: S70º52’51”E, a distance
of 832.49 feet; Thence tenth course: S00º00’00”E, a distance of 1709.19 feet; Thence eleventh

                                              25
CITY COUNCIL                                                                   MARCH 3, 2008

course: S89º55’51”W, a distance of 3980.51 feet, to a point on the section line common to
Sections 20 and 21, and the point of beginning.; 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 amended to change the land use designation from Public to Light Industrial, on a
portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described
as follows: Commencing at section corner common to Sections 20, 21, 28, and 29 T2N, R8E,
BHM, thence N00º02’15”W, a distance of 521.16 feet to the point of beginning, Thence, first
course: N00º02’15”W, along the section line common to Sections 20 and 21, a distance of
941.15 feet; Thence, second course: S48º29’18”E, a distance of 331.54 feet; Thence, third
course: S83º10’38”E, a distance of 304.61 feet; Thence, fourth course: N88º20’00”E, a distance
of 1840.91 feet; Thence, fifth course: N60º21’45”E, a distance of 305.29 feet; Thence, sixth
course: N00º00’00”E, a distance of 1256.52 feet; Thence seventh course: N90º00’00”E, a
distance of 439.54 feet; Thence eighth course: S31º45’55”E, a distance of 187.71 feet; Thence
ninth course: S70º52’51”E, a distance of 832.49 feet; Thence tenth course: S00º00’00”E, a
distance of 1709.19 feet; Thence eleventh course: S89º55’51”W, a distance of 3980.51 feet, to
a point on the section line common to Sections 20 and 21, and the point of beginning. as
attached to the original hereof and that such amendment be filed with the City Finance Office.

Dated this 3rd day of March, 2008.

                                                      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. The following voted
AYE: Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and
Kooiker; NO: None; ABSTAIN: LaCroix; whereupon said resolution was declared duly passed
and adopted.

The Mayor presented (No. 07CA059), a request by City of Rapid City for an Amendment to the
Adopted Comprehensive Plan to change the land use designation from Rural Reserve to
Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota,
more fully described as follows: Commencing at the Section Corner common to Sections 21, 22,
27, and 28, T2N, R8E, BHM, thence, N00 04’09”W, a distance of 1390.00 feet to the point of
beginning; Thence, first course: S89 55’51”W, a distance of 450.00 feet; Thence, second
course: S00 07’41”E, a distance of 860.00 feet; Thence, third course: S89 55’51”W, a distance
of 873.79 feet; Thence, fourth course: N00 00’00”E, a distance of 1709.19 feet; Thence, fifth
course: S70 52’51”E, a distance of 73.39 feet; Thence, sixth course: S20 31’58”E, a distance of
434.44 feet; Thence seventh course: N89 55’51”E, a distance of 1099.64 feet, to a point on the
section line common to sections 21, and 22; Thence eighth course: S00 04’09”E, along the
section line common to sections 21 and 22, a distance of 418.04 feet, to the point of beginning,
located north of Seger Drive and west of Elk Vale Road. The following resolution was
introduced, read, and Hadcock moved its adoption.
                                               26
CITY COUNCIL                                                                    MARCH 3, 2008


                  RESOLUTION AMENDING THE COMPREHENSIVE PLAN
                            OF THE CITY OF RAPID CITY

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 day of March, 2008, 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 change the land use
designation from Rural Reserve to Light Industrial, on a portion of Section 21, T2N, R8E, BHM,
Pennington County, South Dakota, more fully described as follows: Commencing at the Section
Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence, N00 04’09”W, a
distance of 1390.00 feet to the point of beginning; Thence, first course: S89 55’51”W, a distance
of 450.00 feet; Thence, second course: S00 07’41”E, a distance of 860.00 feet; Thence, third
course: S89 55’51”W, a distance of 873.79 feet; Thence, fourth course: N00 00’00”E, a distance
of 1709.19 feet; Thence, fifth course: S70 52’51”E, a distance of 73.39 feet; Thence, sixth
course: S20 31’58”E, a distance of 434.44 feet; Thence seventh course: N89 55’51”E, a
distance of 1099.64 feet, to a point on the section line common to sections 21, and 22; Thence
eighth course: S00 04’09”E, along the section line common to sections 21 and 22, a distance of
418.04 feet, to the point of beginning; 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 amended to change the land use designation from Rural Reserve to Light Industrial, on
a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully
described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and
28, T2N, R8E, BHM, thence, N00 04’09”W, a distance of 1390.00 feet to the point of beginning;
Thence, first course: S89 55’51”W, a distance of 450.00 feet; Thence, second course: S00
07’41”E, a distance of 860.00 feet; Thence, third course: S89 55’51”W, a distance of 873.79
feet; Thence, fourth course: N00 00’00”E, a distance of 1709.19 feet; Thence, fifth course: S70
52’51”E, a distance of 73.39 feet; Thence, sixth course: S20 31’58”E, a distance of 434.44 feet;
Thence seventh course: N89 55’51”E, a distance of 1099.64 feet, to a point on the section line
common to sections 21, and 22; Thence eighth course: S00 04’09”E, along the section line
common to sections 21 and 22, a distance of 418.04 feet, to the point of beginning as attached
to the original hereof and that such amendment be filed with the City Finance Office.

Dated this 3rd day of March, 2008.

                                                      CITY OF RAPID CITY
ATTEST:                                               s/ Alan Hanks, Mayor
s/ James F. Preston
Finance Officer

(SEAL)

                                               27
CITY COUNCIL                                                                       MARCH 3, 2008

The motion for the adoption of the foregoing resolution was seconded. The following voted
AYE: Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and
Kooiker; NO: None; ABSTAIN: LaCroix; whereupon said resolution was declared duly passed
and adopted.

The Mayor presented (No. 08FV001), a request by Shawn Worland to consider an application
for a Fence Height Exception to allow a six foot fence in the front yard setback on 1001
Wambli Drive a portion of Block 6A of Lakota Subdivision No. 2, Section 25, T2N, R7E, BHM,
Rapid City, Pennington County, South Dakota, more generally described as being located at
1001 Wambli Drive. Motion was made by LaCroix and seconded to approve. Staff
recommended denial of the fence height exception because it is not appropriate to have six foot
high fences in the front yard. It would give the appearance of an unfriendly neighborhood if all
the homes had high fences. It was pointed that the fence was installed in 2005, is six foot high,
and is a chain link fence located in the front yard. The applicant approached the Lakota
Community Homes Board for permission to install the fence and he also approached the
property management and they had no objection to the six foot fence. Motion carried with
Weifenbach voting NO.

Motion was made by LaCroix and seconded to authorize the Mayor and Finance Officer to sign
the waiver of right to protest a future assessment for the installation of curb, gutter, water,
sewer, street light conduit and sidewalk along Spring Canyon Trail as it abuts a portion of the
N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, a portion of Spring Canyon Trail Right-of-
way, and a portion of Clarkson Road Right-of-way, Section 31, T1N, R7E, BHM, Pennington
County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail.
Motion carried. (08SV004)

The Mayor presented (No. 08SV004), a request by Renner & Associates for Jo and Steve Benn
for a Variance to the Subdivision Regulations to waive the requirement to install
pavement, curb, gutter, sidewalk, street light conduit, water and sewer along Spring
Canyon Trail as per Chapter 16.16 of the Rapid City Municipal Code on Lot 8 of Block 4 of
Clarkson Subdivision, located in a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the
NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a
portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, a portion of Spring Canyon
Trail Right-of-way, and a portion of Clarkson Road Right-of-way, Section 31, T1N, R7E, BHM,
Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring
Canyon Trail. Motion was made by LaCroix and seconded that the Variance be approved with
the following stipulation: Prior to City Council approval, the applicant shall sign a waiver of right
to protest any future assessment for the improvements. Motion carried.

The Mayor presented (No. 08SV005), a request by Fisk Land Surveying & Consulting Engineers
for Randy Long for a Variance to the Subdivision Regulations to waive the requirement to
install sidewalk, and to reduce the pavement width and right-of-way width as per Chapter
16.16 of the Rapid City Municipal Code on Lots 42BR-Revised and 43AR and 43BR of Village
on the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Rapid City,
Pennington County, South Dakota, legally described as Lots 42BR and 43 of Village on the
Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Pennington
County, South Dakota, located adjacent to the north side Mulligan Mile. Motion was made by
LaCroix and seconded that the Variance to the Subdivision Regulations to waive the
requirement to dedicate additional right-of-way be approved with the stipulation that a note be
                                               28
CITY COUNCIL                                                                       MARCH 3, 2008

placed on the plat prohibiting on-street parking and that a five foot wide access easement shall
be provided along Mulligan Mile as it abuts the property; that the Variance to the Subdivision
Regulations to waive the requirement to install sidewalks along both sides of Mulligan Mile be
approved with the stipulation that an eight foot wide asphalt walking trail shall be provided along
the north side of the northern tier of lots located along the golf course; and, that the Variance to
the Subdivision Regulations to reduce the pavement width of Mulligan Mile be denied without
prejudice. Motion carried.

The Mayor presented (No. 08VR001), a request by Renner & Associates for Jo and Steve Benn
for a Vacation of Right-of-Way on a portion of Clarkson Road Right-of-way, located in the S1/2
of the NE1/4 and the N1/2 of the SE1/4, Section 31, T1N, R7E, BHM, Pennington County, South
Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail. Motion was
made by LaCroix and seconded to approve the Vacation. The following voted AYE: LaCroix,
Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker;
NO: None; whereupon motion passed.

The Mayor presented (No. 08VR002), a request by Renner & Associates for Jo and Steve Benn
for a Vacation of Right-of-Way on a portion of Spring Canyon Trail Right-of-way, located in the
S1/2 of the NE1/4 and the N1/2 of the SE1/4, Section 31, T1N, R7E, BHM, Pennington County,
South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail. Motion
was made by LaCroix and seconded to approve the Vacation. The following voted AYE:
LaCroix, Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and
Kooiker; NO: None; whereupon motion passed.

The Mayor presented (No. 07RZ058), second reading of Ordinance No. 5328, An Ordinance
Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within
Described Property as requested by Don Jiracek for a Rezoning from Medium Density
Residential District to General Commercial District on Lots 1 thru 2 of Block 2 of North
Boulevard Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located at 409 West Boulevard. Notice of hearing was published in the Rapid City Journal on
September 8, 2007 and September 15, 2007. Ordinance No. 5328 having had the first reading
on September 4, 2007, motion was made by Hadcock and seconded to deny. The following
voted AYE: LaCroix, Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson,
Kroeger, and Kooiker; NO: None; whereupon motion passed.

BILLS

The following bills having been audited, motion was made by Kroeger and seconded to
authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds,
in payment thereof. Motion carried.

Payroll Paid Ending 2-29-08, Paid 2-29-08                                           1,127,496.06
Payroll Paid Ending 2-16-08, Paid 2-22-08                                             796,840.68
Payroll Paid Ending 2-16-08, Paid 2-22-08                                               2,969.60
Pioneer Bank, Taxes Paid 2-29-08                                                      277,051.37
Pioneer Bank, Taxes Paid 2-22-08                                                      194,104.59
Pioneer Bank, Taxes Paid 2-22-08                                                          214.65
First Administrators, claims paid 2-19-08                                             130,722.06
First Administrators, claims paid 2-27-08                                              32,460.04
                                                29
CITY COUNCIL                                                                  MARCH 3, 2008

Black Hills Power & Light, electricity                                                311.58
South Dakota Dept of Revenue, paid sales tax, RPCC                                 14,282.95
South Dakota Dept of Revenue, paid sales tax 2-21-08                               31,922.17
South Dakota Dept of Revenue, paid excise tax 2-21-08                                  28.11
United States Postmaster, postage                                                   2,700.00
Computer Bill List                                                              2,925,393.99
      Subtotal                                                                 $5,536,497.85

Payroll Paid Ending 2-16-08, Paid 2-22-08                                           2,814.05
Pioneer Bank, Taxes Paid 2-22-08                                                      198.89
Marlin Leasing, copier lease                                                            4.99
Angie Weeks, mileage                                                                   60.00
Wright Express, gasoline                                                              132.98
       Total                                                                   $5,539,708.76

EXECUTIVE SESSION permitted by SDCL 1-25-2

Motion was made by Okrepkie and seconded to go into Executive Session at 9:53 P.M. for the
reasons permitted by SDCL 1-25-2. Motion carried. The Council came out of Executive
Session at 10:08 P.M. with all members present.

STAFF DIRECTION

At this time, Council President Chapman assumed the Chair. Motion was made by Olson and
seconded to direct the City Attorney’s Office to proceed in the Colonial Motel litigation, in
accordance with the discussion in Executive Session. Motion carried.

ADJOURN

As there was no further business to come before the Council at this time, the meeting adjourned
at 10:09 P.M.

                                                     CITY OF RAPID CITY
ATTEST:

                                                     Mayor
Finance Office

(SEAL)




                                              30

				
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