proceedings of the city council monday,...

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota

June 4, 2007

Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Rapid City was held at the City/School Administration Center in Rapid City, South Dakota on Monday, June 4, 2007 at 7:00 P.M. The following members were present: Mayor Jim Shaw and the following Alderpersons: Ron Kroeger, Sam Kooiker, Malcom Chapman, Lloyd LaCroix, Bill Okrepkie, and Deb Hadcock; and the following Alderpersons arrived during the course of the meeting: Tom Johnson; and the following were absent: Mike Schumacher, Karen Olson and Bob Hurlbut. Staff members present included Assistant Finance Officer Coleen Schmidt, City Attorney Jason Green, Growth Management Director Marcia Elkins, Public Works Director Dirk Jablonski, Fire Chief Gary Shepherd, Police Chief Craig Tieszen, and Administrative Coordinator Jackie Gerry. ADOPTION OF AGENDA The following items were added to the agenda:

• Alcoholic Beverage License Applications Set for Hearing (June 18, 2007) 26.A. Barbecsul, Inc. dba Sandtrap Grill & Bar (Meadowbrook Golf Course), 3625

Jackson Blvd. for a Retail (On-Off Sale) Malt Beverage License TRANSFER from Ron Stevens & Sandy Thornburg dba Meadowbrook Golf Course, 3625 Jackson Blvd.

26.B. Barbecsul, Inc. dba Sandtrap Grill & Bar (Meadowbrook Golf Course), 3625 Jackson Blvd. for a Retail (On-Sale) Wine License TRANSFER from Ron Stevens & Sandy Thornburg dba Meadowbrook Golf Course, 3625 Jackson Blvd.

27.C. Barbecsul, Inc. dba Executive Golf Course, 200 12th Street for a Retail (On-Off Sale) Malt Beverage License TRANSFER from Ron Stevens & Sandy Thornburg dba Executive Golf Course, 200 12th Street

• 71.A. Authorize the Mayor and Finance Officer to sign a contract with SoDak State Rallies, Inc. to rent bleachers for the 2007 South Dakota State Harley Owners Group Rally on June 8 – 9, 2007; with an amended requirement for insurance of $1 Million rather than the $2 Million originally required

• Disaster Training Exercise, Alderman Chapman • Consider Items 82 and 257 together

LaCroix moved, second by Chapman and carried to adopt the agenda as amended. APPROVE MINUTES Okrepkie moved, second by LaCroix and carried to approve the minutes of May 21, 2007. AWARDS AND RECOGNITIONS On behalf of the City of Rapid City, Jim Shaw, Mayor accepted the “My Boss is a Patriot” Award from Lona Wiens, Executive Director of the South Dakota National Guard for Employee Support of Guard & Reserve. Wiens explained that the nomination was made by Lt. Col. Jerome Wright

CITY COUNCIL JUNE 4, 2007

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because the City of Rapid City is a tremendous supporter of the Guard and Reserve Program; and because the City, as an employer, supports the Guard, Reserve, and Active Military, as was evident when he, Jerry Wright, was recalled from the retired military to active duty last November to serve in Operation Iraqi Freedom. Jerry Wright is Division Manager of the Solid Waster Operations, a division of the Public Works Department. At 7:16 p.m., Alderman Johnson entered the meeting. GENERAL PUBLIC COMMENT Steven Brenden, Rapid City spoke of Tax Increment Financing indicating their use is over-extended and should be used in blighted areas. NON-PUBLIC HEARING ITEMS -- Items 2 - 94 Okrepkie moved, second by Chapman and carried to open public comment on items 2 – 76. Steven Brenden, Rapid City addressed item #28 (PW032707-01) indicating concern about the drainage issues; #42 explaining that Boise enticed higher paying jobs, and #77 (07RZ014) asking the Council not to allow construction in the flood zone. Michael Houdyshell, attorney for CSU Properties, LLC addressed item #38 (PW052907-14), asking the Council to continue this item. Shelby Ashland and Hannah Hearn, Rapid City Youth Soccer League members addressed item #44, extending their appreciation to the City on efforts to develop a soccer complex. Helen Pick, Joan Martin, Dan Davis, Rapid City Soccer Sport Complex addressed item #44, extending their appreciation to the City, Doyle Estes, private developer, on efforts to develop a soccer complex. Rob Corner, Rapid City addressed item #45, indicating his support for a moratorium and asking the Council not to allow building in the floodway. Dr. Raymond Burnett, Rapid City addressed item #45, indicating that he has lived in the area for 34 years and suggested that adding fill will only increase the floodplain and that there will be more runoff if building is allowed in the area. Jim Munro, Rapid City addressed item #45 indicating his support for a moratorium. Chris Jaeger, Rapid City addressed item #45, indicating his support for a moratorium and indicated to allow any development will set a precedent for others to build in the area. Chapman moved, second by Kooiker and carried to close public comment on Items 2 – 76. CONSENT ITEMS – Items 2 - 76 The following items were removed from the Consent Items: 38. No. PW052907-14 – Deny a request from CSU Properties, LLC to allow a structure within the public right-of-way 44. Request the City Attorney’s office and other appropriate staff to enter into discussions with the land owner and soccer representatives regarding the site for the soccer complex and bring forward a recommendation to the City Council. 74. No. 07PL054 - A request by Cody Schad for a Layout Plat located near the Strato Bowl. 75. No. 07PL061 - A request by Centerline, Inc. for Action Development, Inc. for a Layout Plat located at the intersection of E. North Street and the proposed E. Anamosa Street.


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Okrepkie moved, second by Hadcock and carried to approve the following items as they appear on the Consent Items. Vacations of Right-Of-Way Set for Hearing (July 2, 2007) 2. 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.

Alcoholic Beverage License Applications Set for Hearing (June 18, 2007) 3. Coco Palace, LLC dba Coco Palace, 1900 N. Maple Avenue for a Retail (On Sale) Wine

License 4. Coco Palace, LLC dba Coco Palace, 1900 N. Maple Avenue for a Retail (On-Off Sale)

Malt Beverage License NO Video Lottery 5. World Class Golf, Inc. dba World Class Golf, 5622 Sheridan Lake Road, Suite 105 for a

Retail (On-Off Sale) Malt Beverage License NO Video Lottery 6. Century Motels, Inc. dba Howard Johnson, 950 North Street for a Retail (On Sale)

Liquor License TRANSFER from M G Oil Company dba East St. Patrick Casino, 1026 E. St. Patrick Street

7. Doyle Estes, High Plains Securities, Inc. dba High Plains Securities, 4030 Cheyenne Blvd. for an (IN-ACTIVE) Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from SKS Productions dba Venue Eight, 504 Mt. Rushmore Road

8. Big D Oil Company dba Big D Oil #8, 2303 Jackson Blvd. for a Package (Off Sale) Malt Beverage License TRANSFER from James Barry Stoick dba Stoicks, 2303 Jackson Blvd.

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

2007 – 2008 RETAIL (ON-OFF SALE) MALT BEVERAGE WITH VIDEO LOTTERY

10. Doyle Estes, High Plains Securities, Inc. dba High Plains Securities, 4030 Cheyenne Blvd. for an (IN-ACTIVE) Retail (On-Off Sale) Malt Beverage License with Video Lottery

11. Dave M. & Linda K. Handley dba Hot Spot Casino, 420 E. St. Patrick Street, Suite 107 for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

12. Nifty Fifties, Inc. dba Parkway Restaurant, 312 East Blvd. North for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

13. Doyle Estes, High Plains Securities, Inc. dba High Plains Securities, 4030 Cheyenne Blvd. for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

2007 – 2008 RETAIL (ON-OFF SALE) MALT BEVERAGE NO VIDEO LOTTERY

14. Asian Garden, Inc. dba Asian Garden, 740 Mt. View Road for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

15. S & Y, Inc. dba Golden Phoenix Restaurant, 2421 W. Main Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

16. Chrisbro, LLC dba Hampton Inn, 1720 Rapp Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

17. Li Zhu Zhu dba Hong Kong Buffet, 927 East North Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery


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18. Khoury’s Mediterranean Cuisine, Inc. dba Khoury’s Mediterranean Cuisine, 2520 W. Main Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

19. Los Espinos, LLC dba LaCosta Mexican Restaurant, 603 Omaha Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

20. NPC International, Inc. dba Pizza Hut #2776, 2604 W. Main Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

21. NPC International, Inc. dba Pizza Hut #2777, 2005 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

22. At Tatiana’s, Inc. dba At Tatiana’s The Russian Restaurant, 1118 East North Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

2007 – 2008 PACKAGE (OFF-SALE) MALT BEVERAGE

23. Albertson’s LLC dba Albertson’s Food Center #845, 855 Omaha Street for a Package (Off Sale) Malt Beverage License

24. Cigarette Chain, Inc. dba Cigarette Chain, 1903 N. Maple Avenue for a Package (Off Sale) Malt Beverage License

25. Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #1604, 1200 N. LaCrosse Street for a Package (Off Sale) Malt Beverage License

26. Carol Enterprises dba Don’s Valley Express, 4030 Cheyenne Blvd. for a Package (Off Sale) Malt Beverage License

Public Works Committee Consent Items 27. Acknowledge the report on funding recommendations from the Opportunity Capture Fund

Oversight Board. (Accurpress, C-lock) 28. No. PW032707-01 – Approve an annexation request from Rapid Canyon Sanitary District

to include Lots 1 through 15 and Tract A of Block 1, all located in Government Lot 1, T1N, R7E, BHM, Pennington County, South Dakota

29. No. PW052907-03 – Approve Change Order No. 1F for Soo San Drive Box Culvert Project No. DR06-1565 / CIP No. 50633 to Heavy Constructors, Inc. for a decrease of $5,895.88

30. No. PW052907-04 – Approve Change Order No. 3F for Prairie Fire Sewer Main - Southside Drive 27” Sanitary Sewer Trunk Line Project No. SS06-1594 / CIP No. 50659 to Site Work Specialists, Inc. for a decrease of $617.90

31. No. PW052907-05 – Approve Change Order No. 1 for Red Rock Water Storage Reservoir Project No. W03-1184 / CIP No. 50284 to Heavy Constructors, Inc. for an increase of $21,613.99

32. No. PW052907-06 – Authorize staff to advertise for bids for 1st Street and Philadelphia Sewer Main Replacement Project No. SS05-1443 / CIP #50579

33. No. PW052907-07 – Authorize the Mayor and Finance Officer to sign a Right-of-Way Acquisition Agreement with the South Dakota Department of Transportation SDDOT Project No. PH 1771(13), PCN 00LM, for the intersection of Sheridan Lake Road and West Main Street to allow installation of traffic signal poles in the right of way

34. No. PW052907-10 – Approve the Standard Specifications for Public Works Construction as revised

35. No. PW052907-11 – Authorize staff to seek engineering consultant proposals for Silver Street Area Utility Improvements Project No. SSW07-1656 / CIP #50418

36. Authorize the submittal of a grant application to Federal Transit Administration for 2007 Operating and Capital assistance


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37. No. PW050107-19 – Approve, per staff’s recommendation, a request for Exception to allow Roll Curb with Curbside Sidewalk along Lane/Place and Subcollector Streets. (07EX026)

39. No. 06EX072 - Approve a request by Boschee Engineering to allow an exception to the 40-unit rule for the Oliver Subdivision to allow 156 dwelling units in lieu of 155 dwelling units approved on June 19, 2006

40. No. PW052907-13 – Authorize the Mayor and Finance Officer to sign an Agreement with Brosz Engineering, Inc. for Professional Engineering Services for the design and construction engineering services on the repair of the Meadowbrook Golf Course Bridge (Structure Number 52-387-313)

Legal & Finance Committee Consent Items 41. Acknowledge report on funding recommendations from the Opportunity Capture Fund

Oversight Board (Accurpress, C-lock). 42. Acknowledge report on trip to Boise concerning development and parking (Alderman

Olson). 43. Request the City Attorney’s office to draft an ordinance amendment to add making

telephone calls to all Council members to notify them of special council meetings where action will be taken.

45. Approve moratorium on the rezoning of and development of property including fill located in the Flood Hazard Zoning District west of the Chapel Lane Bridge for 90 days to allow the reformation of the Floodplain Policy Task Force and to review the Rapid City Floodplain Development Policy. RESOLUTION ESTABLISHING A MORATORIUM ON REZONING PROPERTY WITHIN THE 500 YEAR FLOOD PLAIN AND ON THE ISSUANCE OF FLOOD PLAIN DEVELOPMENT PERMITS FOR THE AREA WEST OF CHAPEL LAND ROAD. WHEREAS, the City of Rapid City suffered a devastating flood in June of 1972; and WHEREAS, more than two hundred people were killed as a result of the flood; and WHEREAS, there were a number of people killed in the June 1972 flood in the area to the west of Chapel Lane Road located within the 500 year flood plain as designated by the Federal Emergency Management Agency; and WHEREAS, the City of Rapid City has adopted zoning ordinances to regulate development in areas designated as 500 year flood plain and also requires a flood plain development permit before any work may be done in the 500 year flood plain; and WHEREAS, the City of Rapid City has from time to time been presented with requests to rezone property located within the 500 year flood plain to allow various uses, particularly for property located to the west of Chapel Lane Road; and WHEREAS, the Rapid City Common Council deems it in the best interest of the City of Rapid City to review its adopted policy regarding rezoning of the 500 year flood plain to insure that it adequately protects the lives, health and safety of the citizens of Rapid City.


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NOW THEREFORE BE IT RESOLVED by the Rapid City Common Council that there is hereby imposed a moratorium on changes to the zoning designation of property and on the issuance of flood plain development permits for property that is located west of Chapel Valley Road; and BE IT FURTHER RESOLVED by the Rapid City Common Council that this moratorium shall last for ninety days from the effective date of this resolution unless sooner terminated by official action of the Common Council; and BE IT FURTHER RESOLVED by the Rapid City Common Council that there shall be appointed by the Mayor with the consent of the Council a committee to review the current policy and make recommendations to the Council; and BE IT FURTHER RESOLVED by the Rapid City Common Council that this resolution is necessary for the immediate preservation of the public health and safety and therefore, it shall take effect immediately upon its passage and publication. Dated this 4th day of June, 2007. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL)

46. No. LF053007-02 – Authorize staff to apply for BJA FY 07 Edward Byrne Memorial Justice Assistance Grant in the sum of $48,545.

47. No. LF053007-03 – Approve Event Permit for Rapid City Rally Task Force to place picnic tables in downtown district August 6-10, 2007.

48. No. LF053007-05 – Approve Event Permit for Rapid City Police Department Annual Cruiser Night to be held June 8, 2007.

49. No. LF053007-06 – Approve Event Permit for Rapid City YMCA to hold a Street Dance between 8th and 9th Street on August 3, 2007.

50. Approve an ambulance rate increase of 4.1% in accordance with the regional medical CPI figures (this was approved and recommended by the EMS Oversight Committee).

51. No. LF050307-07 – Authorize the Mayor and Finance Officer to sign State of South Dakota Fire Suppression Agreement for the City of Rapid City.

52. No. LF053007-08 – Authorize the Mayor and Finance Officer to sign Agreement between the City of Rapid City and 4D Enterprises LLC for the Completion of Improvements.

53. No. LF053007-09 – Authorize the Mayor and Finance Officer to sign the Allocation Award between the State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission Project Number SD-07-12 in the Amount of $5,000.

54. No. 07TI007 – Approve a request by Dream Design International, Inc. to consider an application for a Resolution Creating Tax Increment District No. 63 on Government Lot 3 and the SE1/4NW1/4 less Lot A and the unplatted portion of the NE1/4SW1/4 less the south 270 feet and less part of Copperfield Subdivision all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Government Lot 2 less Rushmore Business Park and the West 660 feet of Government Lot 1 less Rushmore


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Business Park and the north 1081.18 feet of the SW1/4NE1/4 less Rushmore Business Park and the west 660 feet of the north 1081.18 feet of the SE1/4NE1/4 less Rushmore Business Park, and E. Anamosa Street right-of-way, Concourse Drive right-of-way, and Turbine Drive right-of-way all located within the area as described above and Homestead Street right-of-way located west of Concourse Drive, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Elk Vale Road and north of Copperfield Subdivision. RESOLUTION CREATING TAX INCREMENT DISTRICT NUMBER SIXTY THREE AS SUBMITTED BY THE RAPID CITY PLANNING COMMISSION WHEREAS the property within the following described District meets the qualifications and criteria set forth in SDCL 11-9; and, WHEREAS the Council of the City of Rapid City finds that the aggregated assessed value of taxable property in this District, plus the assessed values of all other districts currently in effect, does not exceed ten percent (10%) of the total assessed value of taxable property in the City of Rapid City; and, WHEREAS the Council finds that: (1) Not less than twenty-five percent (25%), by area, of the real property within the district is a blighted area as defined in SDCL 11-9-9 through 11-9-11; and, (2) The improvement of the area is likely to significantly enhance the value substantially on all of the other real property in the district. NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the real property legally described as: Government Lot 3 and the SE1/4NW1/4 less Lot A and the unplatted portion of the NE1/4SW1/4 less the south 270 feet and less part of Copperfield Subdivision all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Government Lot 2 less Rushmore Business Park and the West 660 feet of Government Lot 1 less Rushmore Business Park and the north 1081.18 feet of the SW1/4NE1/4 less Rushmore Business Park and the west 660 feet of the north 1081.18 feet of the SE1/4NE1/4 less Rushmore Business Park, and E. Anamosa Street right-of-way, Concourse Drive right-of-way, and Turbine Drive right-of-way all located within the area as described above and Homestead Street right-of-way located west of Concourse Drive, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota is hereby designated as Tax Increment District Number 63. Dated this 4th day of June, 2007. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer


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(SEAL)

55. No. 07TI008 – Approve a request by Dream Design International, Inc. to consider an application for a Tax Increment District No. 63 Project Plan on Government Lot 3 and the SE1/4NW1/4 less Lot A and the unplatted portion of the NE1/4SW1/4 less the south 270 feet and less part of Copperfield Subdivision all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Government Lot 2 less Rushmore Business Park and the West 660 feet of Government Lot 1 less Rushmore Business Park and the north 1081.18 feet of the SW1/4NE1/4 less Rushmore Business Park and the west 660 feet of the north 1081.18 feet of the SE1/4NE1/4 less Rushmore Business Park, and E. Anamosa Street right-of-way, Concourse Drive right-of-way, and Turbine Drive right-of-way all located within the area as described above and Homestead Street right-of-way located west of Concourse Drive, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Elk Vale Road and north of Copperfield Subdivision. RESOLUTION APPROVING THE PROJECT PLAN FOR TAX INCREMENT DISTRICT NUMBER SIXTY THREE AS SUBMITTED BY THE RAPID CITY PLANNING COMMISSION WHEREAS the Council of the City of Rapid City has determined that it is in the best interest of the City to implement plans which promote economic development and growth in the City; and WHEREAS the Council embraces the concept of Tax Increment Financing as a tool to encourage this desirable growth and redevelopment; and WHEREAS there has been established Tax Increment District Number Sixty Three; and WHEREAS the Council deems desirable to promote economic development and create jobs in the corporate limits of the City of Rapid City; and WHEREAS the Project Plan submitted helps make this development feasible by assisting in the development of public improvements to serve Copperfield Vistas and other adjacent areas of development; and WHEREAS the use of Tax Increment Funding to promote this development is in keeping within the statutes adopted by the South Dakota State Legislature; and WHEREAS there has been developed a Project Plan for this Tax Increment District which proposes these improvements; and WHEREAS the Council has considered the Project Plan submitted by the Planning Commission and determined that the Project Plan for Tax Increment District Sixty Three is economically feasible; and WHEREAS the Council has further determined that this Project Plan is in conformity with the adopted Comprehensive Plan.


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NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the Tax Increment District Project Plan for Tax Increment District Number Sixty Three be and hereby is approved as submitted by the Rapid City Planning Commission. Dated this 4th day of June, 2007. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL)

56. Acknowledge the following volunteer for workmen compensation purposes: Sue Colgan, Nicholas Fields, Sara Minnich, Alexis Newton, Dominique Quick Bear, Dylan Schieffer, Datelynd Sirles, Taylor Amiotte, Cerissa Baker, Tara Barkley, Andrew Burnison-Swales, Kelsey Chaloupka, Codi Cline, Michelle Everson, Brendan Johnson, Christopher Krsnak, Chelsey Martin, Thomas Odegaard, Nichole Olsen, Nicholas Pataski, Austyn Pfortmiller, Andrew Sabo, Brian Thompson, Brittney Bodenhamer, Bradley Cordes, Hannah Croyle, Kimberly Cummings, Brittani Ferguson, Tella Kinloch, Teresa Kjos, Melissa Lepel, Ashleigh Shaw, Shana Siers, Marlys Thesing, Kevin Wright, Zachary Bunker, Andrew Christenson, Alyssa Dugan, Samantha Fiegen, Jazmine Good Iron, Jonathan Horst, Philip Nelson, Kelly Roe, Kelli Salberg, Ashley Schweigert, Jessica VenOsdel, Justin Wilson, Teagle Yellow Horse, Jamila Bennett, ShanaLe Boss, Ronald Christopherson, JR, John Clarke, Adam Couture, Dakota Cummings, Tiffany Douglas, Timothy Flora, Nolan Gadd, Camille Griffith, Dylan Johnson, Taryn Rave, Krystina Robinson, Nicole Scheutzow, Elisa Schnell, Kaylora Buckwalter, Justin Busch, Danielle Calhoun, Catherine Davisson, Cody Ebright, Samantha Harper, Christopher Johnson-Harmon, Gina Munoz, Jonelle Platt, Joshua Reddell, Cody Volker.

57. No. LF053007-10 – Approve a Resolution Declaring Property Surplus.

RESOLUTION DECLARING PROPERTY SURPLUS WHEREAS the below-described property is no longer necessary, useful or suitable for municipal purposes NOW, THEREFORE, BE IT RESOLVED that the following property be declared surplus and disposed of according to state statutes, including disposal, sale or trade-in on new equipment: Airport 1 – IBM Typewriter Selectric II 1 – IBM Typewriter Selectric II (parts only) 1 – Polaroid Passport camera S/N: K50513E Inv #18049 1 – Sony tripod 1 – Overhead projector model AI-1000 S/N: 1090043 Inv #12891 1 – Transvue 1140 slide tray


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1 – Velbon camera mount tripod stand 1 – Microphone and stand AKG 190 ES/Atlas Sound 1 – Advance Papoose vacuum PA500 S/N: 288159 1 – Advance Aquamatic scrubber 263501 S/N: 0523583 1 – Advance Aquamatic carpet scrubber A26B S/N: 299956 1 – Parts washer 115V (21” x 30’ x 26”) model 878A S/N: 12650 8 – 8’ (4-4’ bulbs/fixture) Lighting fixtures 18 – 4’ (4 bulbs/fixture) Recessed lighting fixtures 4 – 2’ (U-tube fixture) Recessed lighting fixtures 15 – Jumbo toilet tissue roll dispensers 1 – Treadmill Inv #014920 1 – Weight bench Inv #013641 1 – Fargo ID Card Printer Model 081822 S/N: 90060035 1 – Cleaning Kit/Transformer 13 – CRT Monitors (FIDS) 1 – Tennant Vacuum attachment 1 – Dayton Floor scrubber 1 – Smarte Carte lockers ACE 1 – HP office jet K60 fax, scanner, printer & copier S/N: BMD0112412434 1 – HP PSC1315 scanner, copier printer S/N: 0406110553 1 – 4’ circular office table 2 – long lunch tables 4 – metal folding chairs 1 – 4’ circular folding table 1 – metal desk 5’x3’, 3 drawer 1 – large desk 1 – computer desk Cemetery 1 - Wood Garage door 10’ wide x 8’ high, includes all the rails 1 - 1985 Cushman Truckster VIN: 1CUMH2223FL002787 Inv #008764 1 - Snapper riding mower S/N: 757773222 Code Enforcement 2 – Sony digital still cameras model #MVC-FD75 S/N: 1370691 S/N: 1540677 Civic Center 1 – Power extractor 4 – Indoor/outdoor big box speakers (5’x5’) 6 – Monitor speakers 3 – Masterbuilt square style roll-around Freezers


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Inv # 6209 Inv # 6210 Inv #6214 1 – Taylor slushie drink machine, needs significant repair 1985 ¾ ton 4x4 Chevrolet VIN: 1GCGK24M5FJ130845 Mileage: 140,415 – fair condition 3 – Yardman Y28 weed eaters w/15” cut Finance 1 – Sharp CS-2194H calculator – inoperable 1 – Sharp CS-2194 calculator 1 – Gateway EV700 monitor GIS 1 - Gateway 8400 NTS Server, S/N: 19319921 System #465 Inv #015713 (System #0465) Golf-Meadowbrook 1979 Ford 1 ton pickup VIN: F25HPDE0795 Mileage: 88,603 1992 Ford ½ ton pickup VIN: 2FTEF15N2NCA97734 Mileage: 97,159 1 – Cushman 1 seater S/N: 898507-8110 Inv #007959 1 – Cub tractor S/N: 20306J 1 – Jacobsen 3810’s S/N: 67760-1907 4 – Wall lockers 1 – Kenmore washing machine 1 – Chopsaw JD 935 Rotary mower parts Misc. computer parts Cash drawers Misc. irrigation fittings 1 – Western golf dispenser S/N: 450-0293 1 – Jacobsen blower B-40 S/N: 85040-1838 Misc. office chairs Misc. tires 1 – T15/70D14 1 – 25-7.50-15NHS 2 – 23-8.50-12

1 – 9.5L-14 Growth Management 1 – Gateway 980 Server S/N: 0029292275 Inv #015833 (System #0599) 1 – LaserJet 4 printer S/N: JPBD029459 Inv #015175 1 – Belkin USB battery backup S/N: F6C550-AVR 1 – Gateway Solo 2550 laptop S/N: 1106602683 Inv #015636 (System #0431) 1 – Lanier recorder P-140 S/N: 1969890 Inv #013807 1 – Sharp EL-1197 GII calculator


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1 – Sharp CS-1194 calculator 1 – Canon P106-DHII calculator 1 – Texas Instruments TI-5045 II calculator 2 – Panasonic dot matrix KX P 2023 printers S/N: 7LEBVF33063 S/N: 6HMBVF64376 1 – DeskJet 895 Cxi printer S/N: SG9311W086 Inv #020075 1 – 21" Diamondtron Monitor SN CNG63700JZ 1 – 21" Gateway 2000 VX1100 Monitor SN 802007741 1 – Rubbermaid Keyboard Tray Library 1989 Dodge Caravan VIN: 2B4FK45J5KR232113 Mileage: 133,134 fair condition Material Recovery Facility Macola accounting software & contract Inv #018548 & 019015 1 – Gateway NT Server Inv #015817 1 – Stationary Compactor SP Model 6002D Inv# 018317 Mayor 1 – Gateway CPU Model G6-350 S/N: 0011536302 (System #0328) w/keyboard and mouse Parks 1 - Craftsman ½ hp upright drill press 1 - Honda Greens Mower, S/N: GL01-28170Z 1 - 5.5 Honda small engine 1 - Power washer Aladen – Fuel Oil 1 - 1988 Homemade 18’ Trailer (#3) VIN: 327313 2 - Full size crossbox tool boxes 3 - Woods Mower D-80’s S/N: 5320 Inv #014147 S/N: 04598 Inv #4932 1 - 2 ton Floor jack 5 - Monitors S/N: M1E2JB097615 S/N: M1541A602316 S/N: LJC04209461 S/N: T7002022 S/N: LIC12704007 3 - CPU’s S/N: 0011758104 S/N: 0011757508 S/N: 0016827747


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2 - Printers S/N: US76E11056 S/N: TH44L180N9 1 - Fax machine 1 - Computer desk 1 - Desktop monitor stand Police 2003 Ford Crown Victoria VIN: 2FAHP71W23X190731 Mileage: 111,508 1996 Ford Crown Victoria VIN: 2FALP71W3TX143509 Mileage: 133,940 1994 Ford Crown Victoria VIN: 2FALP72W2RX189838 Mileage: 88,662 2003 Ford Crown Victoria VIN: 2FAHP71W43X190729 Mileage:112,446 2003 Ford Crown Victoria VIN: 2FAHP71W23X190728 Mileage: 101,700 2003 Ford Crown Victoria VIN: 2FAHP71W63X190733 Mileage: 119,339 2003 Ford Crown Victoria VIN: 2FAHP71W43X190732 Mileage: 118,646 1991 Jeep Cherokee VIN: 1J4FJ28S9ML578492 Mileage: 89,302 1995 Oldsmobile Achieva VIN: 1G3NL55M9SM341771 Mileage: 90,710 1984 Chevrolet bus VIN: 2GBHG31M1E4162817 Mileage:77,656 13 - Gateway e3400 CPU’s S/N: 22670592 S/N: 22670585 S/N: 22670584 S/N: 22670591 S/N: 22670588 S/N: 22670586 S/N: 22670770 S/N: 22670581 S/N: 22670587 S/N: 22670593 S/N: 22670590 S/N: 22670594 S/N: 22670589 1 – Gateway ALR8200 CPU S/N: 17853298 1 – HP Network switch 10mb S/N: 60852 4 – HP Network switches 100mb S/N: b0f380 S/N: 61042 S/N: 2909 S/N: 2920 13 – Panasonic Toughbook notebooks S/N: 6145 S/N: 5951 S/N: 6140 S/N: 6129 S/N: 5536 S/N: 6124 S/N: 3355 S/N: 3330


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S/N: 3483 S/N: 6017 S/N: 6066 S/N: 5923 S/N: 4318 3 – MicroSolutions p2 300 PC’s S/N: ALM0292 S/N: ALM0288 S/N: ALM0 1 – Compaq Presario 4880 S/N: 4g382 Bad Computers Four Computer CPU systems inoperative boxes misc bad parts and good parts Panasonic Toughbook parts and pieces in a box 4 – Winbook Laptops 1 – Compaq Laptop p1 1 – IBM ThinkPad C466 3 – Gateway 15” Flat panel monitors 1 – HP Deskjet 880C color printer S/N: MY92C152X4 1 – Intermec 3400 barcode printer S/N: 95111001132 3400A001 11 – Slide trays for slide projector 1 – Royce 23-channel CB radio w/mic and 2 antenna S/N: 12-008363 1 – Sawyers 550A single slide projector S/N: 9199 1 – Superb 2-burner gas camp stove Public Works 5 – Gateway monitors EV700 4 – Tower, keyboard, mouse and speakers System – S0337 System – S0380 System – S0384 System – S0333 1 – HP LaserJet4 printer 1 – Samsung Syncmaster 900 monitor 2 – Motorola pagers 2 – NEC pagers 1 – Motorola vehicle mount mobile phone 1986 Mazda pickup VIN: JM2UF3110G0633628 Mileage: 60,187 – poor condition 1992 GMC Safari van VIN: 1GTDM15Z4NB538019 Mileage: 80,893 – fair condition 1992 Ford F250 ¾ ton pickup VIN: 2FTEF25YXNCB00640 Mileage: 67,525 – fair condition Rapid Transit 2 – HP deskjet 990 CSE printers Inv # 20404 Inv # 20405 1 – Brother GX6750 typewriter 1 – B199 ribbon


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1 – 86CTORC corrective tape 1 – 69TL corrective tape 2 – SF216NTI Sharp copier toner 1 – Motorola phone & charger Model V60 1 – Panasonic vacuum cleaner 1 – Desk chair Recreation 6 – 20 gallon garbage cans 1 – Nacho cheese dispenser 1 – Cup dispenser 1 – Ice cabinet 1 – Floor scrubber (needs work) Streets 1 – Coffing one ton Chain Hoist model Ec2012, 115/220 volt 1ph 1 – One Dayton model 32999 2stage Air Compressor Kohler 10 hp tank mounted 1 – One Coats model 40-40sa S/N: 4040sa-15345 Tire changer Inv #008566 1993 Chevrolet ½ ton Pickup S/N: 1GCEK14K3PZ215217 Mileage: 168,200 1991 Chevrolet ¾ ton Pickup S/N: 1GCFK24Z6ME146730 Mileage: 99,200 1997 Ford Crown Victoria VIN: 2FALP71W4VX150602 Mileage: 119,100 Sweeper main brooms Tables and chairs Rain suits Cannon typewriter and stand Panasonic KX-F1000 fax machine Swimming Pools 1 - Harmsco upright vacuum better filter Model #126 S/N: 10744 w/hose, vacuum head, pole & filters 2 - Spectrum 5’ tall Lifeguard stands S/N: 024898 S/N: 024888 2 - Pulsar Chlorine feeders Model PS-8000 S/N: 99G4007 S/N: 99G40057 1 - Slushy machine, Wilch beverage freezer Model 3311-2 S/N: EH9569 1 - HP Computer scanner, scanjet 5P Model C5110A S/N: SG746110YC Inv #015420 1 - Gateway Monitor Model 700-069EV S/N: 17004A602206 1 - HP Desk jet 810C Printer S/N: MY01K1B21W Water 2001 Chevrolet S10 4x4 pickup VIN: 1GCDT19W418208424 Mileage: 115,862 2001 Dodge ¾ ton pickup VIN: 3B7KC26ZX1M267212 Mileage: 113,145 1 – Brother MFC-8300 printer, copier & fax S/N: U56461G0J213271


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1 – JVC VCR with remote S/N: 090X0516 1 – Echo weed trimmer 1 – Stihl FS-76 weed trimmer 1 – HP deskjet 820 Cxi printer S/N: US86D120CB 1 – Sharp CS-1191 calculator S/N: 8D276676 1 – 3 shelf wooden bookcase (3’x3-1/2’) 1 – US Robotics fax modem S/N: 000268053581 1086 2 – Desk organizers 1 – Under desk mount keyboard shelf 3 – Stacking letter trays, blue 3 – Copy holders 2 – Calendar holders 2 – keyboard holders with wrist pad 1 – Wooden printer stand with corner spacer 3 boxes full of metal/plastic 2-hole tablet holders 1 – Robotics voice/data switch S/N: 80-001224-02 1 – Gateway PC 75MHZ, 8mb RAM, 540mb HD, CD S/N: 3741012 1 – Dell laptop with powercord/charger S/N: 33F438A01 1 – Glod Star 12” monitor S/N: MC-901011471 1 – HP 12” monitor S/N: 2852A28648 1 – Samsung 10” monitor S/N: 87411191471 1 – IBM keyboard 1 – IBM large desktop computer 1 – HP printer, tractor feed 1 – Printer stand 1 – Gateway keyboard S/N: 00269949 1 – Mouse pad holder Assorted computer/communication cables 1 – 1985 Midland 2 way radio, 2 channel S/N: 202273 1 – 2-way radio w/mic 1 – 4 door file cabinet, grey 4 – 3 drawer metal files, small countertop size 1 – 2 drawer metal file, small countertop size 1 – NEC pager with charger 1 – Motorola mobile phone system w/stand MSN: 194GUW R932Y Commnet bag phone plus wire connections Water Reclamation 1 – Gateway 2000 Colorbook model CB486SX33 S/N: 9405A5029 1 – Gateway Solo model Solo2550 S/N: 0018492666 Inv #15707 (System #0462) 1 – Gateway Monitor S/N: MIA8J7399337 1 – Gateway CPU Inv #15736 (System #0484) 1 – HP Deskjet 5550 printer S/N: MY27A1P36Y 1 – HP Scanjet 4400c S/N: CN15E1D1PO 1999 Dodge ¾ ton pickup VIN: 3B7KF26Z0XM599112 Mileage: 126,021 BE IT FURTHER RESOLVED that the Mayor and Finance Officer may do all acts necessary to dispose of this property according to state law.


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Dated this 4th day of June, 2007. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL)

58. No. LF053007-11 – Authorize the Mayor and Finance Officer to sign Plan Amendment No. 2 to the City’s Healthcare Plan.

59. No. LF053007-12 – Approve a Resolution to Establish a Reduced Recreation Rate Structure as an Incentive for Certain City Employees, Retirees, and Officials to Participate in Physical Fitness Activities. RESOLUTION TO ESTABLISH A REDUCED RECREATION RATE STRUCTURE AS AN INCENTIVE FOR CERTAIN CITY EMPLOYEES, RETIREES, AND OFFICIALS TO PARTICIPATE IN PHYSICAL FITNESS ACTIVITIES WHEREAS, making healthy lifestyle choices, including exercising regularly are an important part of a healthy workforces and community; and WHEREAS, the City of Rapid City Council has determined it is in the best interest of the City to encourage physical fitness and wellness for the City of Rapid City’s employees, retirees, council members and Mayor and their immediate family members; and WHEREAS, an incentive is provided by means of a reduced rate structure for recreation passes designated as Silver and Platinum by the City of Rapid City’s Parks and Recreation Department, to benefited employees, retirees, the Mayor and their immediate family members who are enrolled in the City’s health insurance plan; and WHEREAS, council members and their immediate family members (dependents) are also eligible for these rates. NOW THEREFORE BE IT RESOLVE by the City Council that the following annual rates shall be effective July 1, 2007, and are subject to change when Parks and Recreation Department rates change : Silver - Individual $202.00 Family $386.00 Platinum - Individual $501.00 Family $952.50 Dated this 4th day of June, 2007. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston


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Finance Officer (SEAL)

60. No. LF053007-13 – Authorize the Mayor and Finance Officer to sign Contract for the Employee Assistance Program with Lutheran Social Services.

61. No. LF053007-20 – Acknowledge Capital Improvements Program Committee monthly update for May, 2007.

62. No. LF053007-21 – Approve the 2007 Capital Plan for Streets, Drainage and MIP Projects for May, 2007.

63. Approve an increase of the annual Capital Improvements Program (CIP) contribution to Fire Equipment from $150,000 to $200,000.

64. No. LF053007-22 – Approve the 2007 Sports Facility Partnership Fund Grant Applications.

65. No. LF053007-23 – Approve the Parks and Recreation Five Year Plan (2008-2012) as amended.

66. No. LF053007-24 – Authorize staff to apply for homeland security grant for two-way radios to be used in the event of emergency by the Public Works Department.

67. No. LF053007-14 – Approve Travel Request for Jerry Cole and Lon Van Deusen from the Department of Parks and Recreation to attend the 2007 NRPA Congress & Exposition in Indianapolis, IN, September 25-29, 2007, at an approximate cost of $4,432.

68. No. LF0503007-15 – Approve Travel Request for Kane Messer to attend STAR (Serving the American Rinks) Conference - Basic Refrigeration School in Centennial, Colorado from August 13-16, 2007, at an approximate cost of $1,418.

69. No. LF0503007-16 – Authorize the Mayor and Finance Officer to sign the Golf Course Food and Beverage Concession Agreement with Barbecsul, Inc.

70. No. LF053007-19 – Authorize the Mayor and Finance Officer to sign three copies of the HUD Funding Approval/Agreement for the Community Development Block Grant funds for FY 2007 and to complete the Request for Release of Funds and Certification to U.S. Department of Housing and Urban Development (HUD).

71. Approve the following licenses: Residential Contractor: James Bialota Jr., Bialota Carpentry & Homes; Phil Spizzirri, The Renovators; and Zach & Doug Gimpel, Great Plains Builders LLC; Trenching Contractor: Ed Westcott, Westcott Construction; Central Station Service: Silent Knight Security Group, Tom Palkert; Pawn Shop: First Stop Gun & Coin, Mark L Blote.

Growth Management Department Consent Items 72. No. 07PL045 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Preliminary

Plat on Lots 25 thru 32 of Block 18, Lots 9 thru 15 and Lots 18 thru 20 of Block 24, Lots 4 thru 9 of Block 25, and Lots 1 thru 5 of Block 26, Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Savannah Street and southeast of the intersection of Albert Land and Plateau Lane. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, all necessary changes shall be made to the construction plans as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the Growth Management Department; 2. Prior to Preliminary Plat approval by the City Council, a Variance to the Subdivision Regulations shall be obtained to allow a lot twice as long as it


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is wide or the plat document shall be revised to comply with the length to width requirement; 3. Prior to Preliminary Plat approval by the City Council, a Master Utility Plan showing private utilities shall be submitted for review and approval. In particular, the Master Utility Plan shall show the location of Black Hills Fibercom in relation to the storm sewer pipe extending north from Lot 1 of Block 25. In addition, the construction plans shall be revised to show the relocation of the storm sewer pipe and/or the private utility if needed. The plat document shall also be revised to provide additional utility and/or drainage easements as needed; 4. Prior to Preliminary Plat approval by the City Council, a drainage plan showing the computation for all drainage and stormwater facilities shall be submitted for review and approval. In addition, the plat document shall be revised to provide drainage easements as needed; 5. Prior to Preliminary Plat approval by the City Council, additional water information shall be submitted for review and approval demonstrating that the proposed water system will provide adequate fire and domestic flows; 6. Prior to Preliminary Plat approval by the City Council, the construction plans shall be revised to show a new fire hydrant in lieu of a salvaged fire hydrant; 7. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to provide a minimum 50 foot non-access easement along all corner lots or an Exception to the Street Design Criteria Manual shall be obtained; 8. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; 9. Prior to submittal of a Final Plat application, the plat document shall be revised to show the western leg of Savannah Street as Leola Lane; 10. 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, 11. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.)

73. No. 07PL053 - A request by Renner & Associates, LLC for Stephen E. Hilton for a

Layout Plat on Hilton Tract of Palmer Subdivision of Section 14, T2N, R6E, BHM, Pennington County, South Dakota, legally described as Tract A of Palmer Subdivision and the SW1/4 of the NW1/4 of Section 14, T2N, R6E, BHM, Pennington County, South Dakota, located east of Potter Road and north of Palmer Road. (APPROVE LAYOUT PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Layout Plat approval by the Planning Commission the applicant shall submit a structural site plan showing the existing structures and utilities located on the subject property; 2. Upon submittal of a Preliminary Plat application, a grading plan and an erosion and sediment control plan for all improved areas shall be submitted for review and approval; 3. Upon submittal of a Preliminary Plat application, a drainage plan in compliance with the Drainage Criteria Manual shall be submitted for review and approval. In addition, the drainage plan shall demonstrate that the design flows do not exceed pre-developed flows or on-site detention shall be provided. If on-site detention is required, then design calculations and details for the detention shall be submitted for review and approval. In addition, the plat document shall be revised to provide drainage easements as necessary; 4. Upon submittal of a Preliminary Plat application, s ewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines be submitted for review and approval or a Variance to the Subdivision Regulations must be obtained. If on-site wastewater treatment systems are proposed then information on depth and type of soil, and capacity of septic tanks proposed must be submitted for review and approval and percolation tests demonstrating that the soils are suitable for on-site wastewater treatment systems be submitted for review and approval; 5. Upon submittal of a


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Preliminary Plat application, water plans prepared by a Registered Professional Engineer showing the extension of water mains shall be submitted for review. If a shared well and/or a community water system is proposed then it shall be designed as a public water system or a Variance to the Subdivision Regulations shall be obtained. In particular, the water system shall be designed and constructed to provide adequate fire and domestic flows. In addition, the plat document shall be revised to show utility easement(s) as needed; 6. Upon submittal of a Preliminary Plat application, road construction plans for Palmer Road 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; 7. Upon submittal of a Preliminary Plat application, a Wildland Fire Mitigation Plan shall be submitted for review and approval; 8. Upon submittal of a Preliminary Plat application, a cost estimate of the subdivision improvements shall be submitted for review and approval; 9. 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, 10. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval.)

76. No. 07VE004 - A request by Angle Survey for Brandon Payne for a Vacation of an

Access Easement on Lots 23 and 24 of Block 1 of Hillsview Haven Subdivision, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 23640 and 23642 Busted Five Court. (ACKNOWLEDGE THE APPLICANT’S REQUEST TO WITHDRAW THIS REQUEST OF VACATION OF AN ACESS EASEMENT.)

END OF CONSENT CALENDAR Kroeger moved, second by Hadcock and carried to continue (PW052907-14) a request from CSU Properties, LLC to allow a structure within the public right-of-way to the July 2, 2007 Council meeting. Okrepkie moved, second by LaCroix and carried to request the City Attorney’s office and other appropriate staff to enter into discussions with the land owner and soccer representatives regarding the site for the soccer complex and bring forward a recommendation to the City Council. Kroeger moved, second by Okrepkie and carried to continue No. 07PL054, a request by Cody Schad for a Layout Plat on Lots 1, 2, 3 and 4 of Quartz Canyon Subdivision, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Government Lot 1, and Lot A of Lot 2 of SW/14 NW/14, and Government Lot 2 less Lot A, all of Section 7, T1S, R7E, BHM, and Government Lot 6 of Section 6, T1S, R7E, BHM, Pennington County, South Dakota, located near the Strato Bowl to the June 18, 2007 Council meeting. Hadcock moved, second by Johnson and carried to continue No. 07PL061, a request by Centerline, Inc. for Action Development, Inc. for a Layout Plat on Lots 1, 2 and 3 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, less Lot H1, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of E. North Street and the proposed E. Anamosa Street to the June 18, 2007 Council meeting.


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Okrepkie moved, second by LaCroix and carried to open public comment on Items 77 – 94. Steven Brenden, Rapid City addressed item #81 (LF051607-11) indicating that a tenant should not be required to repair something that is the responsibility of the property owner; and item #85 (LF053007-18) suggesting more discussion is needed. Okrepkie moved, second by LaCroix and carried to closed public comment on Items 77-94. NON-CONSENT ITEMS – Items 77 - 94 ORDINANCES Ordinance No. 5293 (No. 07RZ014), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by Rimrock Estates, LLC for Heavy Constructors, Inc. for a Rezoning from Flood Hazard District to Medium Density Residential District on Lot 1 of Knecht Park Subdivision, Sections 8 and 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Idlehurst Lane and Jackson Boulevard was introduced. Okrepkie moved, second by LaCroix and carried that Ordinance No. 5293 be continued to the September 4, 2007 Council meeting. Ordinance No. 5301 (No. 07RZ040), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on that portion of the dedicated right-of-way for South Valley Drive adjacent to the westerly boundary of Lot 1 of Lot D and Lot D to the SW corner of Section 4, located in the SW1/4 SW1/4, Section 4, All located in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast corner of the intersection of South Valley Drive and S. D. East Highway 44 was introduced, Okrepkie moved, second by LaCroix and carried that Ordinance 5301 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 18, 2007. Ordinance No.5302 (No. 07RZ041), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on the eastern 33 feet of Section 5 beginning at the SE corner of Section 5 extending 450 feet northerly, located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on a portion of South Valley Drive south of S. D. Highway 44 was introduced, Okrepkie moved, second by LaCroix and carried that Ordinance 5302 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 18, 2007. Ordinance No.5303 (No. 07RZ042), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot 1 of Mailloux Subdivision, located in the SE1/4 SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1030 Country Road was introduced, Okrepkie moved, second by LaCroix and carried that Ordinance 5303 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 18, 2007.


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Ordinance No. 5292 (No. LF051607-11), Amending the Service Call Charge on After-Hour Requests to Reconnect Water and to Delete the Shut Off Policy for New Accounts by Amending Certain Subsections of Section 13.04 of the Rapid City Municipal Code having passed first reading on May 21, 2007, Okrepkie moved, second by LaCroix that the title be read the second time. The following voted AYE: Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, and Hadcock; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5292 was declared duly passed upon its second reading. GROWTH MANAGEMENT DEPARTMENT ITEMS The Mayor presented No. 06PL169, a request by Boschee Engineering for Dr. Don Oliver for a Preliminary Plat on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West. Kroeger moved, second by Okrepkie that the Preliminary Plat be approved with the following stipulations: 1. Prior to Preliminary Plat approval by the City Council, road construction plans for Wilderness Canyon Road shall be submitted for review and approval. In particular, the plans shall show Wilderness Canyon Road constructed with a minimum 27 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 2. Prior to Preliminary Plat approval by the City Council, road construction plans for the access easement shall be submitted for review and approval. In particular, the plans shall show the access easement constructed with a minimum 20 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 3. Prior to Preliminary Plat approval by the City Council, sight distance data along Wilderness Canyon Trail shall be submitted for review and approval. In addition, the plat document shall be revised to relocate the access easement if needed; 4. Prior to Preliminary Plat approval by the City Council, an Exception shall be obtained to allow 156 lots with one point of access in lieu of maximum of 40 dwelling units exclusively accessed from a street or the plat document shall be revised accordingly; 5. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; 6. Prior to submittal of a Final Plat application, the property shall be rezoned to support the proposed lot sizes or a Variance shall be obtained from the Pennington County Board of Adjustment to reduce the minimum 40 acre lot size requirement of the General Agriculture District; 7. Prior to submittal of a Final Plat application, the plat document shall be revised to show the existing well and the service lines extending from the well located within utility easement(s); 8. Prior to submittal of a Final Plat application, the applicant shall submit proof of the legal entity which will provide the mechanism for maintenance of the community water facility for review and approval; 9. Upon submittal of a Final Plat application, a note shall be placed on the plat document stating that “a reserve drainfield area shall be identified upon submittal of a building permit” and that “on-site wastewater disposal systems shall be mound systems, holding tanks or evapotranspiration systems only if percolation and profile information is not sufficient for conventional systems”; 10. 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, 11. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required. Motion carried.


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The Mayor presented No. 06SV066, a request by Boschee Engineering for Dr. Don Oliver for a Variance to the Subdivision Regulations to waive the Requirement to install curb, gutter, sidewalk, street light conduit, water, sewer, pavement; and to allow 10 foot wide dirt road to serve as access to Lot 1 and to allow Wilderness Canyon Road to remain a 24 foot paved street with water as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West. Kroeger moved, second by Hadcock, for discussion, that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Wilderness Canyon Road be approved with the following stipulation: 1. Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessments for the improvements; that the Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, water, and sewer along the access easement be approved; and, that the Variance to the Subdivision Regulations to waive the requirement to pave the access easement be denied; and that the Variance to the Subdivision Regulations to waive the requirement to install street light conduit be approved. Motion carried. LEGAL & FINANCE COMMITTEE ITEMS Okrepkie moved, second by Kroeger and carried to approve No. LF053007-01, Travel Request for Tom Johnson, Malcom Chapman, Bob Hurlbut, Bill Okrepkie, & Lloyd LaCroix to attend the National League of Cities - Congress of Cities & Exposition Conference in New Orleans, LA, November 12-18, 2007, in an approximate amount of $16,783.00. Okrepkie moved, second by LaCroix and carried to approve Omaha Corridor Enhancement Project, Memorial Park South 2006 carry forward in the amount of $100,000 in the Parks and Recreation Five Year Plan. Okrepkie moved, second by LaCroix for discussion, to approve No. LF053007-18, a request from Community Education Centers to increase the number of occupants at the Community Alternatives of the Black Hills Facility from 80 to 88. Motion carried. PUBLIC WORKS COMMITTEE ITEMS Kroeger moved, second by LaCroix to approve No. PW052907-02, Elk Vale Road & Highway 44 Sanitary Sewer Crossing Upgrade Project in the amount of $500,000.00 from the .16 Utility Fund with repayment from Rapid Valley Sanitary District in the amount of $50,000.00 to be paid at time of contract approval and connection fees. Responding to requests from Aldermen Hadcock and Okrepkie, Hani Shafai, Dream Design International explained that the current twelve inch sanitary sewer is undersized and some portions do not meet the State requirements and must be upgrade to an eighteen inch main. He indicated that the upgrade will allow development along Interstate 90 to pump to a lift that will pump to the main. He also indicated that this upgrade will be able to accommodate the Copperfield development lift station. Shafai pointed out an 800 acre basin that drains, by gravity, into the main and explained that Rapid Valley has ten percent, 80 acres, of the basin and has agreed to pay $50,000 as soon as the contract is signed. He also indicated that Copperfield has agreed to pay ten percent of the costs to connect their lift station. Shafai also explained that the existing lift station will not be adequate


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to handle the entire basin, as it too is undersized. He indicated that upgrading the main and lift station will allow existing businesses to eliminate their septic systems and connect to the main. He pointed out that with the existing businesses and new developments, more than sixty percent of the connection fees will be recovered within the next two years. In response to a question from Alderman Hadcock relating to a Tax Increment District, Elkins indicated that Copperfield Vista has improvements that are going through the Tax Increment Financing process and involve items within the Economic Development Foundation area. She explained that the area where this improvement is identified, was not included in the Tax Increment District and was not proposed at any time and was never discussed. Elkins indicated that this involves another jurisdiction and a great amount of land is outside the City limits. Alderman Hadcock indicated her support for a Tax Increment District rather than connection fees that will not be repaid in a short period of time. Alderman Chapman indicated his concern about the connection fees being returned to the City; and suggested the .16 Utility Fund could be depleted when using the connection fee process. Responding to a concern from Alderman Kooiker, City Attorney Green indicated that the Council can change the collection and collect the fees at a different stage in the process. Because this would be a policy change, he recommended that Council have a thorough discussion. Responding to a question from Alderman Okrepkie, Elkins indicated that without the upgrade, development along the I90 corridor can not be approved. Upon a vote being taken on the motion to approve, motion carried with Hadcock voting NO. Kroeger moved, second by Okrepkie to approve Elk Vale Drive Lift Station Upgrade Project in the amount of $2,500,000 from the .16 Utility Fund with repayment from connection fees. Alderman Hadcock pointed out that an Elk Vale reservoir is expected to be repaid from connection fees. She pointed out the number of other projects expected to be repaid from connection fees that remain unpaid. Hadcock also outlined the number of other infrastructure projects that are needed in the community. Hadcock believed that there other alternatives to financing the infrastructure in this area. Alderman Johnson believed that there is a need to do a complete audit of the City’s existing tap fee repayments to make certain all fees have been collected. Elkins indicated that the first reservoir on Elk Vale Road is identified in an approve Tax Increment District; and there is no funding source identified for the second reservoir on Elk Vale Road. Elkins indicated that this is a short-term solution as the first 1,000 GPM will be used rather quickly in this sanitary sewer main. Elkins indicated that she would bring this project forward for discussion before the Tax Increment Finance Committee. Substitute motion was made by Okrepkie, second by Hadcock to approve Elk Vale Drive Lift Station Upgrade Project in the amount of $2,500,000 from the .16 Utility Fund with repayment from connection fees; or alternatively, a Tax Increment Finance District. Alderman Okrepkie pointed out the potential increase in sale tax revenue from projects built along the I90 corridor. Alderman Kooiker reminded the members that the .16 Utility Fund is a revolving fund, and suggested the City needs to have an alternative funding source. In response to a question from Alderman LaCroix, Elkins indicated that the .16 Utility Fund provides the upfront money and it could be repaid from a TIF. Alderman Johnson reminded the members that other money will come back into the .16 Utility Fund. Upon a vote being taken on the substitute motion, motion carried. Chapman moved, second by Hadcock to refer to the June 26, 2007 Public Works Committee meeting, discussion about connection fees. Alderman Johnson asked that staff conduct an audit of outstanding connection fees and reimbursements, and bring the information forward during the discussion. Upon a vote being taken, motion carried.


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Kroeger moved, second by Chapman and carried to continue -- Direction to staff regarding Bunker Drive after the Executive Session. BIDS The following companies submitted bids for No. CC052107-02, Omaha Street Corridor Enhancement Project Phase 1 - South Memorial Park Project No. POENH (131) PCN H107 opened May 15, 2007: Ainsworth-Benning Construction, Inc. and R. C. S. Construction, Inc. Staff reviewed the bids and recommends the bid award to R. C. S. Construction, Inc. LaCroix moved, second by Johnson and carried to approve the bid award for the Omaha Street Corridor Enhancement Project Phase 1 - South Memorial Park Project No. POENH (131) PCN H107 to the lowest responsible bidder meeting specifications, R. C. S. Construction, Inc. for the low unit prices bid for the base bid, Alternates 2 and 3, for a total contract amount of $876,704.48. The following companies submitted bids for No. CC060407-02, Articulating Motor Grader for Street Division opened May 29, 2007: Butler Machinery Company and RDO Equipment Company (2 bids). Staff reviewed the bids and recommends the bid award to RDO Equipment Company. LaCroix moved, second by Okrepkie and carried to approve the bid award for an Articulating Motor Grader to the lowest responsible bidder meeting specifications, RDO Equipment Company for the low unit prices bid for a total contract amount of $182,434.00. The following companies submitted bids for No. CC060407-02, Hot Mixed Asphaltic Concrete for Various City Departments opened May 29, 2007: Simon Contractors and Hills Materials. Staff reviewed the bids and recommends the bid award to Hills Materials. LaCroix moved, second by Chapman and carried to approve the bid award for Hot Mixed Asphaltic Concrete to the lowest responsible bidder meeting specification, Hills Materials for the low unit prices bid $204,083.00. The following companies submitted bids for No. CC060407-02, Ready Mixed Concrete for Various city Departments opened May 29, 2007: Hills Materials and Birdsall Sand & Gravel. Staff reviewed the bids and recommends the bid award to Birdsall Sand & Gravel. LaCroix moved, second by Okrepkie and carried to approve the bid award for Ready Mixed Concrete to the lowest responsible bidder meeting specifications, Birdsall Sand & Gravel for the low unit prices bid $56,168.75. The following companies submitted bids for No. CC060407-02, Limestone Gravel for Various City Departments opened May 29, 2007: Hills Materials and Pete Lien & Sons Inc. Staff reviewed the bids and recommends the bid award to Pete Lien & Sons, Inc. LaCroix moved, second by Okrepkie and carried to approve the bid award for Limestone Gravel to the lowest responsible bidder meeting specifications, Pete Lien & Sons, Inc. for the low unit prices bid $29,282.50 MAYOR’S ITEMS Public Works Director Jablonski gave a brief 2012 report indicating that the police evident/traffic/transit building is in design; Pactola water plan is in the final contract stage; school zone flashers and traffic signals are being installed; park land acquisition is complete; playground substandard equipment replacement is in design; downtown renovation – Kansas


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City Street between 5th and 6th Streets is on-going; ATTA site study is being conducted; Dahl remodel and addition is in progress; soccer complex site evaluation is in progress; and Roosevelt Park complex amenities are complete. COUNCIL ITEMS & LIAISON REPORTS Alderman Chapman reported his participation in a City-wide disaster training exercise and indicated that the exercise was well conducted. He explained that two scenarios were staged – a chemical contamination at Stevens High School, and the flooding of Rapid Creek from Pactola. He reported the participation of a number of City employees from various department; City Council, County Commissioners, various County departments, Sheriff, 911, ITS, FBI, and National Weather Bureau. As a local official, Chapman indicated that in the event of a major disaster, elected officials do not make decision in a vacuum. He explained that there are a lot of talented people in the community that will help make those decisions; get the information to those policy makers, who then need to make decisions. Chapman indicated that it is important to do training at both the local and national levels; and to continue to put people in positions to learn at all levels. PUBLIC HEARING ITEMS – Items 95 - 264 Chapman moved, second by Okrepkie and carried to open the public hearing on Items 95 – 264. No comments were offered. CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 95 - 129 The following items were removed from the continued Public Hearing Consent Items: 111. No. 07PL038 - A request by Dream Design International, Inc. for a Preliminary Plat located southeast of the intersection of Interstate 90 and North LaCrosse Street. 112. No. 07PL060 - A request by Dream Design International, Inc. for a Preliminary Plat located east of Dyess Avenue and north of Interstate 90. 124. No. 07VR002 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way located on Rapp Street east of LaCrosse Street. 129. No. 07CA009 - A request by Rimrock Estates, LLC for Heavy Constructors, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Flood Hazard to Medium Density Residential with a Planned Residential Development located southwest of the intersection of Idlehurst Lane and Jackson Boulevard. LaCroix moved, second by Johnson and carried to approve the following items as they appear on the Continued Public Hearing Consent Items. Continue the following items until June 18, 2007: 95. No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of

Section Line Highway on that portion of the statutory Section Line Right-of-Way lying in the NE1/4, SE1/4, Section 13, T2N, R7E, and that portion of the statutory Section Line Right-of-Way, lying in Tract 5, Sletten Addition, located in the NW1/4, SW1/4, Section 18,


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T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the north to east curve of West Nike Road.

96. 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.

97. No. 06PL103 - A request by CETEC Engineering, Inc. for Park Hill Development, Inc. for

a Preliminary Plat on Lots 18 thru 35, Block 2; Lots 14 thru 25, Block 5; and the dedicated public right-of-way, Park Meadows Subdivision, located in the SW1/4 NE1/4, SE1/4 NE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the SW1/4 NE1/4, SE1/4 NE1/4, less the Right-of-Way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Smith Avenue.

98. No. 06PL108 - A request by DGM Development for a Preliminary Plat on Lots 1 thru

190, Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 10 and 11, Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4325 and 4385 Haines Avenue.

99. No. 06PL133 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary

Plat on Lots 16 thru 23, Block 1; Lots 1 thru 5, Block 3; Lots 1 thru 10, Block 4; Lots 1 thru 16, Block 5; Lots 1 thru 6, Block 6; and drainage Lot 1, Brookfield Subdivision, formerly a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Three Rivers Drive.

100. No. 06PL178 - A request by Boschee Engineering for OTS, Inc. for a Preliminary Plat on

Lots 1 thru 8 of Block 1, lots 1 thru 8 of Block 2, Lots 1 thru 17 of Block 3, and lots 1 thru 9 of Block 4, Catron Crossing Subdivision located in the SW1/4 SW1/4, W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Bendt Drive.

101. No. 06PL189 - A request by Michael Hanson for John & Meredith Humke for a

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


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SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Nugget Gulch Drive and Harvard Avenue.

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

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

103. No. 06SV069 - A request by Fisk Land Surveying for Judy Lien for a Variance to the

Subdivision Regulations to waive the requirement to install sidewalks, curb, gutter, street light conduit, sewer and water main along Mall Drive and N. Maple Avenue and to reduce the pavement width from 40 feet to 26 feet along Mall Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2, 3 and 4 of LJS Subdivision, formerly a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Maple Avenue and Mall Drive.

104. No. 06VR009 - A request by Dream Design International, Inc. for a Vacation of Right-of-

Way on Lot 2, O'Meara Addition and Lot B of the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Tower Road at the intersection of Skyline Ranch Road and Tower Road.

105. No. 07CA008 - A request by Dream Design International, Inc. for an Amendment to the

Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial on Lot 1 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elk Vale Road and Creek Drive.

106. No. 07PL006 - A request by Centerline, Inc. for Broadmoor Homeowners' Association for

a Preliminary Plat on Lots 39 and 40 of Broadmoor Subdivision Phase 1, formerly a portion of Lot B of Broadmoor Subdivision Phase 1 located in Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot A less Lot H1 and Lot B less Lot 12 revised thru 14 revised and Lot C Revised and Lot D of Broadmoor Subdivision Phase 1, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Sheridan Lake Road and Sunset Vista Road.

107. No. 07PL015 - A request by Dream Design International, Inc. for a Preliminary Plat on

Lots 1 thru 21 of Block 1, Lots 1 thru 4 of Block 2, Lots 1 thru 5 of Block 3, Lots 1 thru 3 of


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Block 4, Lots 1 and 2 of Block 5, and Lots 1 thru 6 of Block 6 and Utility Lot 1 of Copperfield Vistas Subdivision, all located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of Lot 28 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a rebar with survey cap “LS 6251”; thence, westerly along the north line of said Lot 28 in Block 1 of Copperfield Subdivision, S89º59’08”W, a distance of 109.97 feet, more or less, to the northwest corner of said Lot 28, said corner being marked by a 5/8 inch rebar; thence, southwesterly along the northerly edge of Copperfield Drive right-of-way, S71º30’56”W, a distance of 63.29 feet, more or less to the northeast corner of Lot 1 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 83.02 feet, more or less; thence, continuing northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 15.67 feet, more or less, to the northwest corner of said Lot 1, said corner being coincident with the northeast corner of Lot 3 in Block 7 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap; thence, northwesterly along the north line of said Lot 3 in Block 7 of Copperfield Subdivision, N88º42’16”W, a distance of 51.73 feet, more or less, to the northwest corner of said Lot 3, said point being coincident with the northeast corner of Lot 4 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap “LS 2652”; thence, northwesterly along the north line of said Lot 4 in Block 7 of Copperfield Subdivision, N88º18’11”W, a distance of 76.36 feet, more or less, to the northwest corner of said Lot 4, said point being coincident with the northeast corner of Lot 5 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 5 in Block 7 of Copperfield Subdivision, N71º45’04”W, a distance of 68.75 feet, more or less; thence, N15º55’14”E, a distance of 104.91 feet, more or less; thence, N74º04’46”W, a distance of 45.00 feet, more or less; thence, N15º55’14”E, a distance of 160.58 feet, more or less; thence, S76º13’24”E, a distance of 120.24 feet, more or less; thence, S78º04’22”E, a distance of 59.02 feet, more or less; thence, N13º46’36”E, a distance of 98.10 feet, more or less; thence, N76º13’24”W, a distance of 13.77 feet, more or less; thence, N13º46’36”E, a distance of 52.00 feet, more or less; thence, S76º13’24”E, a distance of 5.67 feet, more or less; thence, N13º46’36”E, a distance of 80.12 feet, more or less; thence, N00º35’05”E, a distance of 68.76 feet, more or less; thence, N00º00’00”W, a distance of 83.80 feet, more or less; thence, S90º00’00”W, a distance of 0.65 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 18.65 feet, more or less; thence, N00º00’00”W, a distance of 200.26 feet, more or less; thence, S90º00’00”W, a distance of 20.17 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 2.17 feet, more or less; thence, N00º00’00”W, a distance of 455.50 feet, more or less; thence, curving to southwest to the left on a curve with a radius of 562.00 feet, a delta of 01º25’51”, an arc length of 14.03 feet, and a chord bearing of S78º05’02”W and chord distance of 14.03 feet; thence, N12º37’53”W, a distance of 76.00 feet, more or less; thence, curving to the northeast to the right on a


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curve with a radius of 638.00 feet, a delta of 10º54’37”, an arc length of 121.49 feet, and a chord bearing of N82º49’25”E and chord distance of 121.30 feet; thence, N44º21’49“E, a distance of 14.30 feet, more or less; thence, N00º00”00”W, a distance of 15.20 feet, more or less; thence, N90º00’00”E, a distance of 52.00 feet, more or less; thence, S00º00’00”E, a distance of 15.13 feet, more or less; thence, S45º00’00”E, a distance of 14.14 feet, more or less; thence, N90º00’00”E, a distance of 142.69 feet, more or less, to a point on the north/south 1/4 section line of Section 4, T1N, R8E, BHM, Pennington County, South Dakota; thence, southerly along said 1/4 section line, S00º05’16”E, a distance of 941.09 feet, more or less, to a point marked by an iron pin; thence, continuing southerly along said 1/4 section line, S00º05’03”E, a distance of 517.62 feet, more or less, to a point located on said 1/4 section line being marked by a rebar with survey cap “LS 6251”; thence, continuing southerly along said 1/4 section line, S00º03’43”E, a distance of 781.29 feet, more or less; thence, S89º47’47”W, a distance of 303.32 feet, more or less to a point along the easterly line of Lot 17 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 17 in Block 1 of Copperfield Subdivision, N22º39’36”W, a distance of 46.14 feet, more or less, to the northeast corner of said Lot 17, said corner being coincident with the southeast corner of Lot 18 in Block 1of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 18 in Block 1 of Copperfield Subdivision, N01º44’10”W, a distance of 58.19 feet, more or less, to the northeast corner of said Lot 18, said corner being coincident with the southeast corner of Lot 19 in Block 1 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked with a rebar and survey cap “LS 2652”; thence, northeasterly along the east line of said Lot 19 in Block 1 of Copperfield Subdivision, N26º46’20”E, a distance of 44.28 feet, more or less, to the northeast corner of said Lot 19, said corner being coincident with the southeast corner of Lot 20 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked by a rebar with survey cap “LS 2652”; thence, northeasterly along the east line of Lots 20 through 24 inclusive of Block 1 of Copperfield Subdivision, as shown on the plats recorded in Book 22 of Plats on Page 21and in Book 22 of Plats on Page 195, N27º11’29”E, a distance of 364.58 feet, more or less to the northeast corner of said Lot 24 in Block 1 of Copperfield Subdivision, said corner being coincident with the southeast corner of Lot 25 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northeasterly along the east line of said Lot 25 in Block 1 of Copperfield Subdivision, N19º26’44”E, a distance of 83.01 feet, more or less, to the northeast corner of Said Lot 25, said corner being coincident with the southeast corner of Lot 26 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195; thence, northeasterly along the east lines of Lots 26, 27 and 28 of Block One of Copperfield Subdivision, N02º40’24”E, a distance of 239.67 feet, more or less to the point of beginning, located east of Valley Drive and west of Concourse Drive.

108. No. 07PL026 - A request by Dream Design International, Inc. for a Preliminary Plat on

Lot 6A and Lot 6B of Block 19 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6 of Block 19 of Red Rock Estates, located in the SE1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Ainsdale Court.


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109. No. 07PL029 - A request by D. C. Scott Co. Land Surveyors for Wesleyan Church for a Preliminary Plat on Lot 1 of Word of Hope Subdivision, located in the NE1/4 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NE1/4 SE1/4, lying southeast of Elk Vale Road, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Jolly Lane, at the north end between Jolly Lane cul-de-sac and curve in Elk Vale Road.

110. No. 07PL034 - A request by Ron Davis for Davis Engineering, Inc. for a Preliminary Plat

on Lots 8 thru 12 of Block 5; Lot 11 of Block 6; Lots 1 thru 3 of Block 7; and Lot 2 of Block 8 of Murphy Ranch Estates Subdivision, located on the NE1/4 of the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of the unplatted balance of Tract F on the NE1/4 of the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located east of Reservoir Road and south of Longview Road.

113. No. 07PL062 - A request by Boschee Engineering for Scott and Janice Zandstra for a

Preliminary Plat on Lot 1 of Block 1 of Paradise Pines Subdivision, located in the SW1/4 of the SE1/4, Section 7; and the NW1/4 of the NE1/4, Section 18, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 2E, less Right-of-way of the SW1/4 of the SE1/4, Section 7, T1S, R7E, BHM; and a portion of the NW1/4 of the NE1/4, Section 18, T1S, R7E, BHM, Pennington County, South Dakota, located southwest of the intersection of Wilderness Canyon Road and U.S. Highway 16.

114. No. 07RZ012 – Second Reading, Ordinance No. 5267, An Ordinance Amending Section

17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by Dream Design International, Inc. for a Rezoning from No Use District to General Commericial District on Lot 1 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elk Vale Road and Creek Drive.

115. No. 07SV001 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Variance to

the Subdivision regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highway as per Chapter 16.16 of the Rapid City Municipal Code on a portion of the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, and a portion of Tract 5 of Sletten Addition, located in the NW1/4 of the SW1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the easterly 1/4 Corner of Section 13, T2N, R7E, common with the westerly 1/4 corner of Section 18, T2N, R8E, and common with the northwesterly corner of Tract 5 of Sletten Addition, and the Point of Beginning; Thence, first course: S89º38’53”E, along the northerly boundary of said Tract 5 of Sletten Addition, a distance of 33.00 feet, to a point on the easterly edge of the statutory section line right-of-way in said Section 18; Thence, second course: S00º07’25”W, along the easterly edge of said statutory section line right-of-way, a distance of 1090.65 feet, to a point of curve of Lot H-1 of Tract 5 of Sletten Addition; Thence, third course: northwesterly, curving along the northeasterly edge of the right-of-way of said Lot H-1 of Tract 5 of Sletten Addition, curving to the left on a curve with a radius of 285.79 feet, a delta angle of 27º48’23”, an arc length of 138.70 feet, a chord bearing of N13º46’46”W, and a chord distance of 137.34 feet, to the northwesterly corner


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of said Lot H-1 of Tract 5 of Sletten Addition, and a point of compound curvature; Thence, fourth course: northwesterly, curving to the left on a curve with a radius of 253.40 feet, a delta angle of 14º54’34”, an arc length of 65.94 feet, a chord bearing of N30º00’02”W, and a chord distance of 65.75 feet, to a point on the westerly edge of the statutory section line right-of-way in said Section 13; Thence, fifth course: N00º07’25”E, along the westerly edge of said statutory section line right-of-way, a distance of 900.49 feet, to a point on the Center 1/4 line of said Section 13; Thence, sixth course: N89º56’42”E, along said Center 1/4 line of said Section 13, a distance of 33.00 feet, to the easterly 1/4 Corner of Section 13, T2N, R7E, common with the westerly 1/4 Corner of Section 18, T2N, R8E, and common with the northwesterly corner of Tract 5 of Sletten Addition, and the Point of Beginning, located at the northern terminus of Cobalt Drive.

116. No. 07SV005 - A request by Dream Design International, Inc. for a Variance to the

Subdivision Regulations to waive the requirement to provide easements across lots or centered on rear or side lot lines for utilities and drainage as per Chapter 16.12.200.A of the Rapid City Municipal Code on Lots 1 thru 21 of Block 1, Lots 1 thru 4 of Block 2, Lots 1 thru 5 of Block 3, Lots 1 thru 3 of Block 4, Lots 1 and 2 of Block 5, and Lots 1 thru 6 of Block 6 and Utility Lot 1 of Copperfield Vistas Subdivision, all located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of Lot 28 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a rebar with survey cap “LS 6251”; thence, westerly along the north line of said Lot 28 in Block 1 of Copperfield Subdivision, S89º59’08”W, a distance of 109.97 feet, more or less, to the northwest corner of said Lot 28, said corner being marked by a 5/8 inch rebar; thence, southwesterly along the northerly edge of Copperfield Drive right-of-way, S71º30’56”W, a distance of 63.29 feet, more or less to the northeast corner of Lot 1 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 83.02 feet, more or less; thence, continuing northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 15.67 feet, more or less, to the northwest corner of said Lot 1, said corner being coincident with the northeast corner of Lot 3 in Block 7 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap; thence, northwesterly along the north line of said Lot 3 in Block 7 of Copperfield Subdivision, N88º42’16”W, a distance of 51.73 feet, more or less, to the northwest corner of said Lot 3, said point being coincident with the northeast corner of Lot 4 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap “LS 2652”; thence, northwesterly along the north line of said Lot 4 in Block 7 of Copperfield Subdivision, N88º18’11”W, a distance of 76.36 feet, more or less, to the northwest corner of said Lot 4, said point being coincident with the northeast corner of Lot 5 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 5 in Block 7 of Copperfield Subdivision, N71º45’04”W, a distance of 68.75 feet, more or less; thence, N15º55’14”E, a distance of 104.91 feet, more or less; thence, N74º04’46”W,


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a distance of 45.00 feet, more or less; thence, N15º55’14”E, a distance of 160.58 feet, more or less; thence, S76º13’24”E, a distance of 120.24 feet, more or less; thence, S78º04’22”E, a distance of 59.02 feet, more or less; thence, N13º46’36”E, a distance of 98.10 feet, more or less; thence, N76º13’24”W, a distance of 13.77 feet, more or less; thence, N13º46’36”E, a distance of 52.00 feet, more or less; thence, S76º13’24”E, a distance of 5.67 feet, more or less; thence, N13º46’36”E, a distance of 80.12 feet, more or less; thence, N00º35’05”E, a distance of 68.76 feet, more or less; thence, N00º00’00”W, a distance of 83.80 feet, more or less; thence, S90º00’00”W, a distance of 0.65 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 18.65 feet, more or less; thence, N00º00’00”W, a distance of 200.26 feet, more or less; thence, S90º00’00”W, a distance of 20.17 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 2.17 feet, more or less; thence, N00º00’00”W, a distance of 455.50 feet, more or less; thence, curving to southwest to the left on a curve with a radius of 562.00 feet, a delta of 01º25’51”, an arc length of 14.03 feet, and a chord bearing of S78º05’02”W and chord distance of 14.03 feet; thence, N12º37’53”W, a distance of 76.00 feet, more or less; thence, curving to the northeast to the right on a curve with a radius of 638.00 feet, a delta of 10º54’37”, an arc length of 121.49 feet, and a chord bearing of N82º49’25”E and chord distance of 121.30 feet; thence, N44º21’49“E, a distance of 14.30 feet, more or less; thence, N00º00”00”W, a distance of 15.20 feet, more or less; thence, N90º00’00”E, a distance of 52.00 feet, more or less; thence, S00º00’00”E, a distance of 15.13 feet, more or less; thence, S45º00’00”E, a distance of 14.14 feet, more or less; thence, N90º00’00”E, a distance of 142.69 feet, more or less, to a point on the north/south 1/4 section line of Section 4, T1N, R8E, BHM, Pennington County, South Dakota; thence, southerly along said 1/4 section line, S00º05’16”E, a distance of 941.09 feet, more or less, to a point marked by an iron pin; thence, continuing southerly along said 1/4 section line, S00º05’03”E, a distance of 517.62 feet, more or less, to a point located on said 1/4 section line being marked by a rebar with survey cap “LS 6251”; thence, continuing southerly along said 1/4 section line, S00º03’43”E, a distance of 781.29 feet, more or less; thence, S89º47’47”W, a distance of 303.32 feet, more or less to a point along the easterly line of Lot 17 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 17 in Block 1 of Copperfield Subdivision, N22º39’36”W, a distance of 46.14 feet, more or less, to the northeast corner of said Lot 17, said corner being coincident with the southeast corner of Lot 18 in Block 1of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 18 in Block 1 of Copperfield Subdivision, N01º44’10”W, a distance of 58.19 feet, more or less, to the northeast corner of said Lot 18, said corner being coincident with the southeast corner of Lot 19 in Block 1 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked with a rebar and survey cap “LS 2652”; thence, northeasterly along the east line of said Lot 19 in Block 1 of Copperfield Subdivision, N26º46’20”E, a distance of 44.28 feet, more or less, to the northeast corner of said Lot 19, said corner being coincident with the southeast corner of Lot 20 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked by a rebar with survey cap “LS 2652”; thence, northeasterly along the east line of Lots 20 through 24 inclusive of Block 1 of Copperfield Subdivision, as shown on the plats recorded in Book 22 of Plats on Page 21and in Book 22 of Plats on Page 195, N27º11’29”E, a distance of 364.58 feet, more or less to the northeast corner of said Lot 24 in Block 1 of Copperfield


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Subdivision, said corner being coincident with the southeast corner of Lot 25 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northeasterly along the east line of said Lot 25 in Block 1 of Copperfield Subdivision, N19º26’44”E, a distance of 83.01 feet, more or less, to the northeast corner of Said Lot 25, said corner being coincident with the southeast corner of Lot 26 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195; thence, northeasterly along the east lines of Lots 26, 27 and 28 of Block One of Copperfield Subdivision, N02º40’24”E, a distance of 239.67 feet, more or less to the point of beginning, located east of Valley Drive and west of Concourse Drive.

117. No. 07SV010 - A request by D. C. Scott Co. Land Surveyors for Wesleyan Church for a

Variance to the Subdivision Regulations to waive the requirement to develop section line right-of-way on an extension of Jolly Lane, dedicate additional public right-of-way on an extension of Jolly Lane, or install sidewalk on Jolly Lane; and to waive the requirements to install curb, gutter, sidewalk, sewer, water, or planting screen easement on Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Word of Hope Subdivision, located in the NE1/4 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NE1/4 SE1/4, lying southeast of Elk Vale Road, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Jolly Lane, at the north end between Jolly Lane cul-de-sac and curve in Elk Vale Road.

118. No. 07SV016 - A request by David Kallemeyn for Irvin W. and Illa M. Cannon for a

Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, pavement, street light conduit, water and sewer along Easy Street and to waive the requirement to install sidewalk along Corral Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 24A and 24B of the NE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 24 of the NE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3375 Corral Drive.

119. No. 07SV020 - A request by Cody Schad for a Variance to the Subdivision

Regulations to waive the requirement to install curb, gutter, pavement, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2, 3 and 4 of Quartz Canyon Subdivision, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Government Lot 1, and Lot A of Lot 2 of SW/14 NW/14, and Government Lot 2 less Lot A, all of Section 7, T1S, R7E, BHM, and Government Lot 6 of Section 6, T1S, R7E, BHM, Pennington County, South Dakota, located near the Strato Bowl.

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

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


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

121. No. 07SV024 - A request by Centerline, Inc. for Action Development, Inc. for a Variance

to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit and to reduce the right-of-way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, less Lot H1, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of E. North Street and the proposed E. Anamosa Street.

122. No. 07UR005 - An appeal of the Planning Commission's decision on a request by

Unique Signs for Dwayne Pankratz for a Conditional Use Permit to allow an off-premise billboard sign in a General Commercial District on a 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 at 1751 Elkvale Road.

123. No. 07VR001 - A request by Boschee Engineering for OTS, Inc. for a Vacation of

Section Line Highway on a parcel of land located in the SW1/4 of Section 22, T1N, R7E, and the NW1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Sheridan Lake Road and Wildwood Drive.

125. No. 07VR003 - A request by Dream Design International, Inc. for a Vacation of Right-of-

Way on the Lot H-1 located in the S1/2 N1/2 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of I-90 and west of East North Street.

126. No. 07VR004 - A request by Richard E. Huffman for a Vacation of Right-of-Way

adjacent to Lots 1 thru 32 of Block 5 of Simmons Addition, plus 1/2 vacated Elm Street, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 101 and 141 E. Omaha Street and 320 Maple Avenue.

Continue the following items until July 16, 2007: 127. No. 06PL176 - A request by Renner & Associates for Rob Livingston for a Preliminary

Plat on Lots 1 thru 15 of Block 1 of Blake Estates Subdivision, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located northwest of the intersection of Blake Road and West Highway 44.

128. No. 06SV075 - A request by Renner & Associates for Rob Livingston for a Variance to

the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Section Line Highway and to waive the requirement to allow a lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 15 of Block 1 of Blake Estates Subdivision, Section 18, T1N, R7E, BHM, Pennington County, South


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Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located north of the intersection of West Highway 44 and Blake Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS The Mayor presented No. 07PL038, a request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 through 7 of Block 1, Tracts A, B, C, D, and E of Block 2, Lots 1 through 9 of Block 3, Tracts G and J, of Rushmore Crossing, and Eglin Street (formerly part Farnwood Avenue), Luna Avenue extension, areas dedicated for public right-of-way purposes, easements and vacation of easements and public right-of-ways of Rushmore Crossing in Sections 29, 30 and 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota, legally described as Lots BR of Lots 2 of the SE1/4 SW1/4 of Section 29; Lots C of Lots 2 of the SE1/4 SW1/4 of Section 29; Tract C of the SW1/4 of Section 29; Lots 1 of the SW1/4 SE1/4 Section 29; Lots A of Lots 1 and 2 on the SE1/4 SE1/4 of Section 29; Lots 1R of Lots 1 and 2 of the SE1/4 SW1/4 of Section 29; unplatted portions of the SW1/4 of Section 29; Lots H-1, located in the N1/2 SE1/4 of Section 30; part of Lots 1 and 2, Block 2 of Rapps Addition, located in the SE1/4 of Section 30; part of Lots M, located in the NW1/4 SE1/4 of Section 30; part of Lots K-4 of Marshall Heights Tract, located in the SW1/4 of Section 30; and the unplatted portions of the SE1/4 of Section 30; and Tract C in the NE1/4 NW1/4 and the NW1/4 NE1/4 of Section 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Interstate 90 and North LaCrosse Street. Kroeger moved, second by Hadcock to approve Preliminary Plat with the following stipulations: 1. Prior to Preliminary Plat approval by the City Council, all necessary changes shall be made to the construction plans as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the Growth Management Department no later than April 9, 2007; 2. Prior to Preliminary Plat approval by the City Council, complete water plans showing the design of the off-site improvements shall be submitted for review and approval; 3. Prior to Preliminary Plat approval by the City Council, complete sewer plans showing the design of the off-site improvements shall be submitted for review and approval; 4. Prior to Preliminary Plat approval by the City Council, the applicant shall demonstrate that the existing Elk Vale Road lift station has capacity to accommodate the proposed development or construction plans must be submitted for review and approval showing the improvements to the lift station as needed; 5. Prior to Preliminary Plat approval by the City Council, the geotechnical report shall be revised to include soils resistivity test results. If the results indicate severe potential towards corrosion of buried metal, then information shall be provided identifying that corrosion protection per Rapid City Standard Specifications is adequate protection or additional corrosion protections shall be provided as needed for buried water system metal fixtures; 6. Prior to Preliminary Plat approval by the City Council, the applicant shall demonstrate the ability to maintain the 48 inch RCP drainage pipe extending between the north and south detention ponds at a 30 foot depth within a 30 foot wide easement or the easement width must be revised accordingly; 7. Prior to Preliminary Plat approval by the City Council, drainage information shall be submitted for review and approval demonstrating that run-off from Rapp Street will not flow into the Quality Inn parking lot or the construction plans shall be revised accordingly; 8. Prior to Preliminary Plat approval by the City Council, road construction plans for Interstate 90 shall be submitted for review and approval. In particular, the plans shall show the street constructed with curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 9. Prior to Preliminary Plat approval by the City Council, road construction plans for E. North Street shall be submitted for review and approval. In particular, the plans shall


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show the street constructed with sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 10. Prior to Preliminary Plat approval by the City Council, road construction plans for Rapp Street shall be submitted for review and approval. In particular, the plans shall show the street constructed with sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained. In addition, the plat document shall be revised to show an additional five feet of right-of-way along Rapp Street; 11. Prior to Preliminary Plat approval by the City Council, road construction plans for the section line highways shall be submitted for review and approval. In particular, the plans shall show the streets constructed with a minimum 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained or the section line highways shall be vacated; 12. Prior to Preliminary Plat approval by the City Council, road construction plans for Sunnyside Avenue shall be submitted for review and approval. In particular, the plans shall show the street constructed with a minimum 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 13. Prior to Preliminary Plat approval by the City Council, road construction plans for Cambell Street shall be submitted for review and approval. In particular, the plans shall show the street constructed with a minimum 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained. In addition, the plat document shall be revised to show the dedication of 9.5 additional feet of right-of-way; 14. Prior to Preliminary Plat approval by the City Council, road construction plans for Access Easements shall be submitted for review and approval. In particular, the plans shall show the streets located in a minimum 59 foot wide right-of-way and constructed with a minimum 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 15. Prior to Preliminary Plat approval by the City Council, the construction plans shall be revised demonstrating that storage is being provided along Eglin Street, LaCrosse Street, Luna Avenue, E. North Street and the intersection of LaCrosse Street and E. Anamosa Street as per the Traffic Impact Study. In addition, the construction plans shall be revised to show new striping along LaCrosse Street and E. North Street to provide the required storage as per the Traffic Impact Study; 16. Prior to Preliminary Plat approval by the City Council, the Traffic Impact Study shall be revised to clearly identify the criteria used in determining the need for the connection of Luna Avenue to E. Anamosa Street and what threshold will require the street improvement. In addition, the construction plans shall be revised to include the improvements as needed. The applicant shall also enter into an agreement with the City regarding the construction of the street improvements to serve their development as identified in the Traffic Impact Study; 18. Prior to Preliminary Plat approval by the City Council, the Traffic Impact Study shall be adjusted to assume 900,000 square feet of commercial development in lieu of 861,000 square feet. In addition, the construction plans shall be revised to provide any additional street improvements as needed; 19. Prior to Preliminary Plat approval by the City Council, the construction plans shall be revised to show the fence along Interstate 90 as a maximum four foot high fence or a Fence Height Exception to allow the proposed six foot high fence shall be obtained; 20. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to provide an easement for that portion of the retaining wall(s) located outside of right-of-way used in the design of the street(s). In addition, an Engineer stamped design for all proposed retaining walls in excess of four feet shall be submitted for review and approval; 21. Prior to Preliminary Plat approval by the City Council, the applicant must identify the location and design of the approach to the Quality Inn property. In addition, the applicant must demonstrate that the parking lot and retaining wall are outside of the right-of-way; 22. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show the lot located in the


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northwest corner of the intersection of Eglin Street and Rapp Street labeled with a lot and block number. In addition, a note shall be placed on the plat document identifying the use of the lot since the size of the lot precludes any structural development or the lot shall be platted into an adjacent property; 23. Prior to Preliminary Plat approval by the City Council, a copy of the approved Approach Permit from the South Dakota Department of Transportation for the modifications to the approach onto East North Street shall be submitted for review and approval; 24. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show the ten foot wide power line easement located in the southeast corner of the property to be vacated. In addition, written documentation from the utility company shall be submitted for review and approval concurring with the proposed easement vacation; 25. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to provide non-access easements as per the Street Design Criteria Manual or an Exception shall be obtained; 26. Prior to Preliminary Plat approval by the City Council, a revised cost estimate of the subdivision improvements shall be submitted for review and approval; 27. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to retain that portion of the Rapp Street right-of-way and the 66 foot wide public access easement to be vacated as a utility easement or the utilities shall be relocated. In addition, written documentation from Black Hills Power shall be submitted for review and approval indicating concurrence with the Vacation requests; 28. Prior to submittal of a Final Plat application, the plat document shall be revised to show Eglin Street as Farnwood Avenue or a Road Name Change shall be submitted for review and approval; 29. Prior to submittal of a Final Plat application, the plat title shall be revised to read “Lot H-1 located in the S1/2N1/2SE1/4 of Section 30”. In addition, the title shall be revised to read “part of Lot M of the NW1/4SE1/4 of Section 30”. The plat shall also be revised to show the correct book and page in lieu of “Plat Book 9, Page 58” as currently shown. In addition, the plat document shall also be revised to eliminate one of the Director of Equalization signatures. The plat shall also be revised to remove the “temporary easements” from the document. In addition, the plat title shall be revised to specifically identify the proposed vacation of each proposed access easement, right-of-way and/or section line highway; 30. Upon submittal of a Final Plat application, surety shall be posted for traffic signals as needed and/or the applicant shall enter into an agreement to install the signalized lights when warrants are met; 31. 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, 32. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required; and deleting Stipulation #17. Motion carried with Alderman Chapman abstaining. The Mayor presented No. 07PL060, a request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Forefather Flats Subdivision, located in the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as that portion of the SW1/4 located north of Interstate 90, including Lot 3 of Starlite Subdivision, Less GLM Subdivision No. 2, all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Dyess Avenue and north of Interstate 90. Kroeger moved, second by Okrepkie to approve Preliminary Plat with the following revised stipulations: 1. Upon Final Plat submittal, all necessary changes shall be made to the construction plans as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the Growth Management Department; 2. Prior to Preliminary Plat approval by the City Council, the applicant shall demonstrate that the existing N. Elk Vale Road lift station has capacity to accommodate the proposed development or construction plans must be submitted for review and approval showing the improvements to the lift station as needed; 3. Prior to Preliminary Plat


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approval by the City Council, the water and sewer plans shall be revised to show service lines. In addition, the plans shall show the abandonment of any unused service lines at the main. The plat document shall also be revised to show utility easements as needed; 4. Prior to Preliminary Plat approval by the City Council, additional drainage information shall be submitted for review and approval. In particular, determination of the C values used in the drainage report shall be identified. In addition, the drainage plan shall address the conveyance of storm sewer from the south–southeast area of the property through Lots 1 and 2. The plat document shall also be revised to provide drainage easements as needed; 5. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show access easements along the south lot line of proposed Lots 1 and 2 as shown on the Master Plan. In addition, construction plans for the access easements shall be submitted for review and approval showing the streets located in a minimum 59 foot wide right-of-way and constructed with a minimum 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 6. Prior to Preliminary Plat approval by the City Council, revised construction plans for the 54 foot wide access and utility easement located along the common lot line of proposed Lots 1 and 2 shall be submitted for review and approval. In particular, the revised construction plans shall show the street located in a minimum 59 foot wide easement and constructed with street light conduit and sidewalk along both sides of the street or a Variance to the Subdivision Regulations shall be obtained; 7. Prior to Preliminary Plat approval by the City Council, road construction plans for E. Mall Drive shall be submitted for review and approval showing a sidewalk along both sides of the street or a Variance to the Subdivision Regulations shall be obtained; 8. Prior to Preliminary Plat approval by the City Council, road construction plans for Interstate 90 shall be submitted for review and approval. In particular, the plans shall show the street constructed with curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 9. Prior to Preliminary Plat approval by the City Council, road construction plans for Offutt Street shall be submitted for review and approval. In particular, the plans shall show the street constructed with a minimum 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 10. Prior to Preliminary Plat approval by the City Council, road construction plans for Beale Street shall be submitted for review and approval. In particular, the plans shall show the street constructed with a minimum 26 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained; 11. Upon submittal of Initial Development Plan, the Traffic Impact Study shall be revised as follows: Include projected traffic counts from “The Meadows Development” and additional proposed commercial development along E. Mall Drive to be located west of the subject property; Identify the criteria used in determining the need for the expansion of E. Mall Drive from the existing three lanes to the proposed five lanes as shown in the Traffic Impact Study and identify what threshold will require the street improvements; Adjust the maximum traffic utilizing N. Elk Vale Road to 20%; Provide storage for Access One and Access Three based on the queue lengths identified in the Traffic Impact Study; Show and analyze Dyess Avenue and E. Mall Drive as a four legged intersection in lieu of a three legged intersection; Show and analyze the approach to E. Mall Drive located along the east lot line of the subject property as shown on the Master Plan; Identify and analyze the truck route traffic for the subject property; Clarify the analysis for the signalized access points along E. Mall Drive and space for optimum signal progression. In addition, a minimum of two southbound lanes in the northern leg of the intersection of Access Two and E. Mall Drive shall be provided if Access Two is to be signalized; Analyze the Interstate 90 interchanges at E. North Street and N. Elk Vale Road to determine when dual northbound and southbound lefts will be required and identify if the proposed development is creating the


40

need for the dual lefts; Analyze the intersection of E. Mall Drive and N. Elk Vale Road to address the future widening of N. Elk Vale Road to five lanes; All other red line comments shall be addressed; 12. Prior to Preliminary Plat approval by the City Council, the construction plans shall be revised to include street improvements as identified in the revised Traffic Impact Study as needed for the proposed development. The plat document shall also be revised to eliminate the non-access easement for the approach located along the east lot line of the subject property if the approach location is supported by the revised Traffic Impact Study. The applicant shall also enter into an agreement with the City regarding the construction of the street improvements to serve their development as identified in the Traffic Impact Study; 13. Prior to Preliminary Plat approval by the City Council, the Master Plan shall be revised aligning “Access Three” with the approach along the north side of E. Mall Drive. In addition, the Master Plan shall be revised to preclude backing from the adjacent parking spaces into the access easement(s); 14. Prior to Preliminary Plat approval by the City Council, a 404 Permit shall be obtained from the Corp of Engineers or an acknowledgement from the Corp of Engineers shall be submitted indicating that a 404 Permit is not needed; 15. Prior to Preliminary Plat approval by the City Council, note #1 on the plat document shall be revised to eliminate “except where major drainage easements are located” or a Variance to the Subdivision Regulations shall be obtained to waive the requirement to provide a minimum eight foot wide minor drainage and utility easement on the interior side of all lot lines and right-of-way; 16. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; 17. Upon submittal of a Final Plat application, surety shall be posted for traffic signals as needed and/or the applicant shall enter into an agreement to install the signalized lights when warrants are met; 18. 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, 19. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required. Alderman Chapman spoke of the untimely submittals by the developers’ consultants and efforts of City staff and suggested the City’s polices and procedures should be met. Upon a vote being taken on the motion to approve, motion carried with Chapman voting NO. The Mayor presented No. 07VR002, a request by Dream Design International, Inc. for a Vacation of Right-of-Way on the Rapp Street H-Lot located in the NE1/4 SW1/4 and NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Rapp Street east of LaCrosse Street. The following resolution was introduced, read, and LaCroix moved its adoption:

RESOLUTION OF VACATION OF PUBLIC RIGHT-OF-WAY

WHEREAS it appears that the Rapp Street H-Lot located in the NE1/4 SW1/4 and NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on Rapp Street east of LaCrosse Street; is not needed for public purposes; and WHEREAS the owner(s) of property adjacent to the above-described right-of-way desires said public right-of-way to be vacated and released.


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NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the public right-of-way heretofore described, and as shown on Exhibit "A", attached hereto, and incorporated herein, is hereby vacated. BE IT FURTHER RESOLVED, that the Mayor and Finance Officer are hereby authorized to execute a release of public right-of-way in regard thereto. Dated this 4th day of June, 2007. CITY OF RAPID CITY ATTEST: s/ Jim Shaw, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the foregoing resolution was second by Okrepkie. The following voted AYE: Kroeger, Kooiker, Johnson, LaCroix, Okrepkie, and Hadcock; NO: None; ABSTAINING: Chapman; whereupon said resolution was declared duly passed and adopted. The Mayor presented No. 07CA009, a request by Rimrock Estates, LLC for Heavy Constructors, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Flood Hazard to Medium Density Residential with a Planned Residential Development on Lot 1 of Knecht Park Subdivision, Sections 8 and 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Idlehurst Lane and Jackson Boulevard. Hadcock moved, second by Okrepkie and carried to continue to the September 4, 2007 Council meeting. LaCroix moved, second by Okrepkie and carried to close the public hearing on Items 95 – 264. CONSENT PUBLIC HEARING ITEMS – Item 130 - 255 LaCroix moved, second by Okrepkie and carried to approve the following items as they appear on the Consent Public Hearing Items. ALCOHOL LICENSES 130. Rapid City Area Chamber of Commerce for a special Beer and Wine License for an

event scheduled July 10, 2007 at Black Hills Federal Credit Union, 2700 North Plaza Drive

131. Restaurant Adventures, Inc. dba Adventures In Barbeque, 208 East North Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

2007 – 2008 RETAIL (ON-OFF SALE) MALT BEVERAGE WITH VIDEO LOTTERY 132. Hotel Management Co. Inc dba Alex Johnson Hotel, 523 Sixth Street for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 133. MG Oil Company dba BP Casino, 609 Mt. View Rd, Ste. C-1, for Retail (On-Off Sale) Malt

Beverage License with Video Lottery


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134. D&S Time Square Casino, Inc. dba Breakroom Casino, 355 11th Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

135. Harbry Enterprises, Inc. dba Buck’N Gator Lounge, 4095 Sturgis Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

136. Robert W. Johnson dba Canyon Lake Pub & Casino, 4116 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

137. Carolyn’s Casino, Inc. dba Carolyn’s Casino 512 West Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

138. Continental Leisure, Inc. dba Carousel Casino, 2050 West Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

139. Cimarron Casino, Inc. dba Chicago Street Casino, 3609 Sturgis Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

140. Colonial House, Inc. dba Colonial House Restaurant, 2501 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

141. Dean Henrichsen dba Dean”O”s Casino, 903 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

142. MG Oil Company dba East North Casino, 230 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

143. MG Oil Company dba East St. Patrick Casino, 1226 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

144. Cimarron Casino, Inc. dba Eastside Plaza Casino, 1000 Cambell Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

145. Ken-Ben, Inc. dba Eighth Street Lounge, 2201 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

146. Elks Lodge dba Elks Lodge No. 1187, 3333 E. 39th Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

147. M. G. Oil Company dba Chance's Casino, 110 Cambell Street, Ste. E for Retail (On-Off Sale) Malt Beverage License with Video Lottery

148. MG Oil Company dba Haines Avenue Casino, 1735 Haines Avenue for Retail (On-Off Sale) Malt Beverage License with Video Lottery

149. SCL, Inc. dba Hall Inn, 214 E. St. Joe Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

150. SD Vending, Inc. dba Happy Jack’s East, 909 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

151. SD Vending, Inc. dba Happy Jack’s Downtown, 713 Omaha Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

152. SD Vending, Inc. dba Happy Jack’s Cambell Street, 1601 Cambell Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

153. SD Vending, Inc. dba Happy Jack’s, Too, 909 St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

154. Omaha Players Company dba Happy Jack’s Omaha Street, 1109 W. Omaha Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

155. SD Vending, Inc. dba Happy Jack’s West, 1925 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

156. SD Vending, Inc. dba Happy Jack’s Valley, 747 Timmons Blvd., Ste. B for Retail (On-Off Sale) Malt Beverage License with Video Lottery

157. M&B Investments, Inc. dba The Hideaway, 1575 LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery


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158. Wilburn Powers, Inc. dba Horseshoe Bar, 1407 1/2 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

159. Wyngard Pot-O-Gold Casino, Inc. dba Luck D's Casino, 1330 E. St. Patrick St. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

160. Wal-East Development dba Jackpot Casino, 685 LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

161. Wal-East Development dba Jackpot Casino Too, 1415 N. LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

162. ZBT, Inc. dba Jackpot Casino East, 2708 East Hwy 44 for Retail (On-Off Sale) Malt Beverage License with Video Lottery

163. CHAS, Inc. dba Jackpot Casino West, 2144 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

164. SARF, Inc. dba Joker’s Casino South, 1320 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

165. ZBT, Inc. dba Joker’s Casino North, 608 1/2 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

166. Kelly’s Sports Lounge, Inc. dba Kelly’s Sport Lounge, 825 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

167. MG Oil Company dba LaCrosse Street Casino #1, 720 N. LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

168. MG Oil Company dba LaCrosse Street Casino #2, 720 N. LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

169. Cimarron Casino, Inc. dba Main Street Gap Casino, 1727 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

170. Laural A. Hawkins dba The Marble Club, 2315 1/2 Mt. Rushmore Rd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

171. Rapid Bowl, Inc. dba Meadowood Lanes, 3809 Sturgis Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

172. CCKT, Inc. dba King of Heart’s Casino, 3030 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

173. Entertainment, Inc. dba Nu Robbinsdale Casino, 803 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

174. WR Rapid City Ventures, LP dba Oakleaf Beer Garden, 2211 LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

175. Poker Joe’s, Inc. dba Poker Joe’s, 211 Cambell Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

176. WynGard Investment Partners dba Pot-O-Gold Casino, 1300 Centre Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

177. CCKT, Inc. dba Queen of Hearts Casino, 316 E. Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

178. MG Oil Company dba Market Square Casino, 1624 E. St. Patrick for Retail (On-Off Sale) Malt Beverage License with Video Lottery 701

179. Frank Morrison dba Thirsty's, 819 Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

180. Robbinsdale Rec Center, Inc. dba Robbinsdale Rec Center 805 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

181. Fox Family Enterprises, Inc. dba Rodeway Inn, 2208 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery


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182. MG Oil Company dba Rushmore Casino, 1808 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

183. Lybek’s 21st Century, Inc. dba Shenanigan’s Casino. 3788 East Hwy 44 for Retail (On-Off Sale) Malt Beverage License with Video Lottery

184. Shooters, Inc. dba Shooters, 2424 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

185. United Food, Inc. dba Toby’s Casino, 720 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

186. United Food, Inc. dba Toby’s Casino South, 710 Cleveland Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

187. MG Oil Company dba Uncle Sam’s East, 1122 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

188. MG Oil Company dba Uncle Sam’s South, 2110 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

189. MG Oil Company dba Uncle Sam’s West, 2730 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

190. Western Dakota Gaming, Inc. dba Valley Sports Casino, 1865 South Valley Drive for Retail (On-Off Sale) Malt Beverage License with Video Lottery

191. MG Oil Company dba Warehouse Bar, 200 E. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

192. Peaceful Pines Casino, Inc. dba West Main Square Casino, 3205 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

193. Hungry's Restaurant, Inc. dba Marlin’s Roadhouse Grill, 2803 Deadwood Avenue for Retail (On-Off Sale) Malt Beverage License with Video Lottery

194. I-90 Fuel Services, Inc. dba Windmill Truck Stop, 2783 Deadwood Avenue for Retail (On-Off Sale) Malt Beverage License with Video Lottery

2007 – 2008 RETAIL (ON-OFF SALE) MALT BEVERAGE NO VIDEO LOTTERY 195. Black Hills Amateur Baseball dba Amateur Baseball McKeague Field Avenue for Retail

(On-Off Sale) Malt Beverage License 196. Hog Wild, LLC dba Black Hills Harley Davidson, 3030 Lange Ranch Road Avenue for

Retail (On-Off Sale) Malt Beverage License 197. Central States Fair, Inc. dba Central States Fair, 800 San Francisco Street Avenue for

Retail (On-Off Sale) Malt Beverage License 198. CEC Entertainment, Inc. dba Chuck E Cheese’s, 30 Knollwood Drive Avenue for Retail

(On-Off Sale) Malt Beverage License 199. Mae Jean Adams dba The Corn Exchange, 727 Main Street Avenue for Retail (On-Off

Sale) Malt Beverage License 200. Mary Jane or Oliver Feimark dba Embers Bar B Q, 5412 So. Hwy 16 Avenue for Retail

(On-Off Sale) Malt Beverage License 201. Ron Stevens Sandy Thornburg dba Executive Golf Course, 200 12th Street Avenue for

Retail (On-Off Sale) Malt Beverage License 202. GF Pizza, Inc. dba Godfathers Pizza, 110 Cambell Street Avenue for Retail (On-Off Sale)

Malt Beverage License 203. Dan T. Ly dba Golden Fortune, 1204 East North Street Avenue for Retail (On-Off Sale)

Malt Beverage License 204. Yeung, Inc. dba Great Wall Chinese Restaurant, 2421 West Main Avenue for Retail (On-

Off Sale) Malt Beverage License


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205. Century Motels, Inc. dba Howard Johnson Express Inn, 950 North Street Avenue for Retail (On-Off Sale) Malt Beverage License

206. Rhonda Berger dba Ichiban, 1109 W. Omaha St., Ste. A Avenue for Retail (On-Off Sale) Malt Beverage License

207. Yeung, Inc. dba Imperial Chinese Restaurant, 702 East North Street Avenue for Retail (On-Off Sale) Malt Beverage License

208. Museum Alliance of Rapid City dba The Journey Museum, 222 New York Street Avenue for Retail (On-Off Sale) Malt Beverage License

209. Ron Stevens & Sandy Thornburg dba Meadowbrook Golf Course, 3625 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License

210. Northcott Company dba Perkins Restaurant, 2305 Mt. Rushmore Road Avenue for Retail (On-Off Sale) Malt Beverage License

211. Northcott Company dba Perkins Restaurant, 1715 N. LaCrosse Avenue for Retail (On-Off Sale) Malt Beverage License

212. Picasso Barn Pizzeria, LLC dba Picasso Barn Pizzeria, 556 Kirkeyby Lane Avenue for Retail (On-Off Sale) Malt Beverage License

213. Piece of Cake, LLC dba Piece of Cake, 901 Mt. Rushmore Road Avenue for Retail (On-Off Sale) Malt Beverage License

214. Piesano’s Pacchi, Inc. dba Piesano’s, 3618 Canyon Lake Dr #121 Avenue for Retail (On-Off Sale) Malt Beverage License

215. Dakota Fresh-Mex, LLC dba Qdoba, 741 Mt. View Road Avenue for Retail (On-Off Sale) Malt Beverage License

216. Rapid City Softball Association dba Star of the West Complex, 1511 Sedivy Lane Avenue for Retail (On-Off Sale) Malt Beverage License

217. Delmonico Grill dba Delmonico Grill, 609 Main Street Avenue for Retail (On-Off Sale) Malt Beverage License

218. City of Rapid City dba Rushmore Plaza Civic Center, 444 N. Mt. Rushmore Road Avenue for Retail (On-Off Sale) Malt Beverage License

219. Mai T. Goodsell dba Saigon Restaurant, 221 East North Street Avenue for Retail (On-Off Sale) Malt Beverage License

220. Wine Cellar Restaurant, LLC dba Wine Cellar Restaurant, 513 6th Street Avenue for Retail (On-Off Sale) Malt Beverage License

221. Chris Emme, Lee Ann Emme, Jenneye Sartorius dba S & E Investments, 3300 N. Deadwood Avenue for Retail (On-Off Sale) Malt Beverage License

222. BH Food Services, Inc. dba Fuddruckers at Rushmore Mall, 2200 N. Maple Ave #330 Avenue for Retail (On-Off Sale) Malt Beverage License

223. Atlantis LLC dba Watiki Indoor Water Park Resort / Fairfield Inn & Suites by Marriott, 1314 N. Elk Vale Road Avenue for Retail (On-Off Sale) Malt Beverage License

224. Two Lefties' and Rancho's Mexican Grills LLC dba Panchero's Mexican Grill, 1221 W. Omaha Avenue for Retail (On-Off Sale) Malt Beverage License

2007 – 2008 PACKAGE (OFF-SALE) MALT BEVERAGE 225. Fuel Food Mart, Inc. dba Amoco Food Shop No. 4, 901 East North Street for Package

(Off-Sale) Malt Beverage License 226. Fuel Food Mart, Inc. dba Amoco Food Shop No. 5, 601 Mt. View Road for Package (Off-

Sale) Malt Beverage License 227. MG Oil Company dba Amoco Food Shop No. 8, 302 East North Street for Package (Off-

Sale) Malt Beverage License


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228. MG Oil Company dba Amoco Food Shop No. 9, 1220 E. St. Patrick Street for Package (Off-Sale) Malt Beverage License

229. MG Oil Company dba Amoco Food Shop No. 10, 1818 Mt. Rushmore Road for Package (Off-Sale) Malt Beverage License

230. Big D Oil Company dba Big D Oil Co. Store #41, 1160 LaCrosse Street, for Package (Off-Sale) Malt Beverage License

231. Big D Oil Company dba Big D Oil Co. Store #42, 850 East North Street for Package (Off-Sale) Malt Beverage License

232. Big D Oil Company dba Big D Oil Co. Store #17, 3540 Sturgis Road for Package (Off-Sale) Malt Beverage License

233. B & L, Inc. dba Boyd’s Liquor Mart, 909 E. St. Patrick Street for Package (Off-Sale) Malt Beverage License

234. B & L, Inc. dba Boyd’s Liquor Mart, 2001 West Main Street for Package (Off-Sale) Malt Beverage License

235. Robert L. Stiehl dba Circle S Market, 310 Fairmont Boulevard for Package (Off-Sale) Malt Beverage License

236. Moyle Petroleum dba Common Cents Food Store #107, 4128 Canyon Lake Drive for Package (Off-Sale) Malt Beverage License

237. Moyle Petroleum dba Common Cents Food Store, 1909 LaCrosse Street for Package (Off-Sale) Malt Beverage License

238. Moyle Petroleum dba Common Cents Food Store, 1129 West Omaha Street for Package (Off-Sale) Malt Beverage License

239. Moyle Petroleum dba Common Cents Food Store, 2660 Mt. Rushmore Road for Package (Off-Sale) Malt Beverage License

240. M. G. Oil Company dba Corner Pantry, 501 Deadwood Avenue for Package (Off-Sale) Malt Beverage License

241. Nash Finch Company dba Family Thrift No. 253, 1516 E. St. Patrick Street for Package (Off-Sale) Malt Beverage License

242. Fresh Start Conv. Stores dba Fresh Start-Rapid City, 520 Birch Avenue for Package (Off-Sale) Malt Beverage License

243. I-90 Amoco, Inc. dba I-90 Standard, 2213 N. LaCrosse Street for Package (Off-Sale) Malt Beverage License

244. Kusler’s Conoco, Inc. dba Kusler’s Conoco, 701 E. St. Patrick Street for Package (Off-Sale) Malt Beverage License

245. Mini Mart, Inc. dba Mini Mart No. 443, 3106 West Main Street for Package (Off-Sale) Malt Beverage License

246. Mini Mart, Inc. dba Mini Mart No. 444, 1627 Mt. Rushmore Road for Package (Off-Sale) Malt Beverage License

247. Mini Mart, Inc. dba Mini Mart No. 447, 1601 North Haines Avenue for Package (Off-Sale) Malt Beverage License

248. Mini Mart, Inc. dba Mini Mart No. 451, 4260 Canyon Lake Drive for Package (Off-Sale) Malt Beverage License

249. Moyle Petroleum dba North Street Smoke Shop, 634 East North Street for Package (Off-Sale) Malt Beverage License

250. Safeway Stores 46, Inc. dba Safeway No. 1554, 730 Mt. View Road for Package (Off-Sale) Malt Beverage License

251. Safeway Stores 46, Inc. dba Safeway No. 581, 2120 Mt. Rushmore Road for Package (Off-Sale) Malt Beverage License


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252. James Barry Stoick dba Stoicks, 2303 Jackson Boulevard for Package (Off-Sale) Malt Beverage License

253. Superpumper, Inc. dba Superpumper No. 16, 3275 Highway 79 South for Package (Off-Sale) Malt Beverage License

254. Superpumper, Inc. dba Superpumper No. 27, 2215 Haines Avenue for Package (Off-Sale) Malt Beverage License

255. Jim Buchli dba Rushmore Sinclair, 2420 Mt. Rushmore Road for Package (Off-Sale) Malt Beverage License

NON-CONSENT PUBLIC HEARING ITEMS – Items 256 – 264 The Mayor presented No. 07FV002, a request by Steve and Helen Duffy to consider an application for a Fence Height Exception to allow a six foot high fence within the required 25 foot front yard set back on Lots 20 and 22 of Block 13, West Boulevard, Section 20, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1622 West Boulevard. Kroeger moved, second by Hadcock and carried to approve the Fence Height Exception with the following stipulations: The proposed six foot fence must be removed from the sight triangle; and the gate shall swing into the property and not out into the right-of-way. The Mayor presented No. 07RZ022, second reading of Ordinance No. 5294, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Lot 4 of Block 16 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota less the following described property: beginning at the northwest corner of Section 29, thence S89º56'23"E, 2053.37 feet; thence S00º00'39"W, 77.05 feet to a point of curvature; thence southerly along the arc of said curve to the right whose radius is 374.00 feet and whose delta is 21º21'18", an arc length of 139.40 feet to a point on said curve; thence N68º38'03"W, 150.00 feet; thence S42º44'25"W, 163.28 feet; thence S88º50'49"W, 453.19 feet; thence S85º24'59"W, 183.42 feet; thence N74º24'46"W, 476.27 feet; thence N79º54'55"W, 162.92 feet; thence S79º09'58"W, 154.84 feet; thence S19º17'53"E, 150.00 feet to a point lying on a curve concave to the south and whose chord bears S69º10'39"W, 20.01 feet; thence westerly along the arc of said curve to the left whose radius is 376.00 feet and whose delta is 03º02'57", an arc length of 20.01 feet; thence N19º17'53"W, 150.15 feet; thence S65º34'24"W, 254.94 feet to a point lying on a curve concave to the south and whose chord bears N77º30'26"W, 120.54 feet; thence westerly along the arc of said curve to the left whose radius is 226.00 feet and whose delta is 30º56'04", an arc length of 122.02 feet; thence N00º18'22"W, 263.37 feet to the point of beginning, all located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Bethpage Drive between Prestick Road and Lundin Court. Notice of hearing was published in the Rapid City Journal on May 26, 2007 and June 2, 2007. Ordinance No. 5294 having had the first reading on May 21, 2007, Okrepkie moved, second by Kroeger that the title be read the second time. The following voted AYE: Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, and Hadcock: NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5294 the second time. The Mayor presented No. 07RZ023, second reading of Ordinance No. 5295, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density


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Residential District to General Agriculture District on Lot 8 of Block 15 and Outlot G-1 of Red Rock Estates; and the balance of Tract 1 less Red Rock Estates and less right of way; and well lot and the balance of Picardi Ranch Road of the Red Ridge Ranch; and the W1/2 NW1/4 NE1/4 less Red Ridge Ranch and less Red Rock Estates and less right-of-way; and the E1/2 NW1/4 NE1/4 less Red Ridge Ranch and less right-of-way; and the SW1/4 NE1/4 less Red Ridge Ranch less Red Rock Estates less Red Rock Estates Phase 1A and less right-of-way; and the E1/2 NW1/4 less Red Rock Estates and less right-of-way; and the E1/2 NE1/4 less Red Rock Meadows Subdivision, less Red Rock Estates, less Lot H1 and less right-of-way; all located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Muirfield Drive and Potrush Road between Prestwick Road and Kennemer Drive. Notice of hearing was published in the Rapid City Journal on May 26, 2007 and June 2, 2007. Ordinance No. 5295 having had the first reading on May 21, 2007, Okrepkie moved, second by Hadcock that the title be read the second time. The following voted AYE: Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, and Hadcock: NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5295 the second time. The Mayor presented No. 07RZ024, second reading of Ordinance No. 5296, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Outlot G less Lots 20 and 21 of Block 2 and less Lots 4 and 5 of Block 4 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Muirfield Drive and east of Prestwick Road. Notice of hearing was published in the Rapid City Journal on May 26, 2007 and June 2, 2007. Ordinance No. 5296 having had the first reading on May 21, 2007, Okrepkie moved, second by Kroeger that the title be read the second time. The following voted AYE: Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, and Hadcock: NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5296 the second time. The Mayor presented No. 07RZ025, second reading of Ordinance No. 5297, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Lot 2 of Block 24 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located between Dunsmore Road and Kennemer Drive and south of Donegal Way and north of Portrush Road. Notice of hearing was published in the Rapid City Journal on May 26, 2007 and June 2, 2007. Ordinance No. 5297 having had the first reading on May 21, 2007, Okrepkie moved, second by LaCroix that the title be read the second time. The following voted AYE: Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, and Hadcock: NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5297 the second time. The Mayor presented No. 07RZ026, second reading of Ordinance No. 5298, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Outlot 1 of Red Rock Estates and Outlot A of Tract A of Countryside Subdivision all located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Portrush Road and Muirfield Drive. Notice of hearing was published in the Rapid City Journal on May 26, 2007 and June 2, 2007. Ordinance No. 5298 having had the first reading on May 21, 2007, Okrepkie moved, second by LaCroix that the title be read the second time. The following voted AYE:


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Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, and Hadcock: NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5298 the second time. The Mayor presented No. 07RZ027, second reading of Ordinance No. 5299, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Lot 6 of Block 9 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Bethpage Drive and Prestwick Road. Notice of hearing was published in the Rapid City Journal on May 26, 2007 and June 2, 2007. Ordinance No. 5299 having had the first reading on May 21, 2007, Okrepkie moved, second by LaCroix that the title be read the second time. The following voted AYE: Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, and Hadcock: NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5299 the second time. The Mayor presented No. 07RZ039, second reading of Ordinance No. 5300, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the E1/2 of the SE1/4 SE1/4 and Easterly 33' of E1/2 of NE1/4 SE1/4 all located in Section 21, T2N, R8E, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Seger Drive and North Elk Vale Road. Notice of hearing was published in the Rapid City Journal on May 26, 2007 and June 2, 2007. Ordinance No. 5300 having had the first reading on May 21, 2007, Okrepkie moved, second by LaCroix that the title be read the second time. The following voted AYE: Kroeger, Kooiker, Chapman, Johnson, LaCroix, Okrepkie, and Hadcock: NO: None; whereupon the Mayor declared the motion passed and read the title of Ordinance No. 5300 the second time. BILLS The following bills having been audited, it was moved by LaCroix, second by Hadcock and carried to authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment thereof. Payroll Paid Ending 05-31-07, Paid 05-31-07 1,160,498.47 Payroll Paid Ending 05-26-07, Paid 06-01-07 754,571.13 Payroll Paid Ending 05-26-07, Paid 06-01-07 3,469.60 Pioneer Bank, Taxes Paid 05-31-07 292,710.14 Pioneer Bank, Taxes Paid 06-01-07 182,134.39 Pioneer Bank, Taxes Paid 06-01-07 243.74 First Administrators, claims paid 05-22-07 88,532.45 First Administrators, claims paid 05-29-07 141,876.06 1st National Bank in Sioux Falls, bond payment 216,759.69 United States Postmaster, postage 1,800.00 United States Postmaster, postage 3,154.63 Computer Bill List 3,288,456.60 Subtotal $6,134,206.90 Payroll Paid Ending 05-26-07, Paid 06-01-07 2,738.42


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Pioneer Bank, Taxes Paid 06-01-07 194.68 City of Rapid City, postage 197.59 City of Rapid City, unemployment insurance 133.00 Marlin Leasing, copier lease 10.00 Prairie Wave Communications, telephone 10.37 Western Stationers, copy paper 11.17 Subtotal $6,137,502.13 Site Works Specialists, Inc., Change Order 4,327.35 Total $6,141,829.48 Okrepkie moved, second by Kroeger and carried to reconsider the following Alcohol Licenses: 150. SD Vending, Inc. dba Happy Jack’s East, 909 E. St. Patrick Street for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 151. SD Vending, Inc. dba Happy Jack’s Downtown, 713 Omaha Street for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 152. SD Vending, Inc. dba Happy Jack’s Cambell Street, 1601 Cambell Street for Retail (On-

Off Sale) Malt Beverage License with Video Lottery 153. SD Vending, Inc. dba Happy Jack’s, Too, 909 St. Patrick Street for Retail (On-Off Sale)

Malt Beverage License with Video Lottery 156. SD Vending, Inc. dba Happy Jack’s Valley, 747 Timmons Blvd., Ste. B for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 250. Safeway Stores 46, Inc. dba Safeway No. 1554, 730 Mt. View Road for Package (Off-

Sale) Malt Beverage License 251. Safeway Stores 46, Inc. dba Safeway No. 581, 2120 Mt. Rushmore Road for Package

(Off-Sale) Malt Beverage License Johnson moved, second by Chapman and carried with Alderman LaCroix abstaining, to approve the following Alcohol Licenses: SD Vending, Inc. dba Happy Jack’s East, 909 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery; SD Vending, Inc. dba Happy Jack’s Downtown, 713 Omaha Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery; SD Vending, Inc. dba Happy Jack’s Cambell Street, 1601 Cambell Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery; SD Vending, Inc. dba Happy Jack’s, Too, 909 St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery; and SD Vending, Inc. dba Happy Jack’s Valley, 747 Timmons Blvd., Ste. B for Retail (On-Off Sale) Malt Beverage License with Video Lottery. LaCroix moved, second by Okrepkie and carried with Alderman Johnson abstaining, to approve the following Alchohol Licenses: Safeway Stores 46, Inc. dba Safeway No. 1554, 730 Mt. View Road for Package (Off-Sale) Malt Beverage License; and Safeway Stores 46, Inc. dba Safeway No. 581, 2120 Mt. Rushmore Road for Package (Off-Sale) Malt Beverage License. EXECUTIVE SESSION Chapman moved, second by LaCroix and carried to go into Executive Session at 9:11 P.M. for the reasons permitted by SDCL 1-24-2 (1) (3) and (4). The Council came out of Executive Session at 10:17 P.M. with all members present.


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Chapman moved, second by Okrepkie to direct staff to look for concrete funding options on the property acquisition items discussed in executive session. Motion carried with Johnson voting NO. The next item for discussion is direction to staff regarding Bunker Drive. Frank Lotten, Executive Homes explained that Bunker Drive is on the schedule to be completed the third week of July. In response to a question from Alderman Kooiker, Frank indicated that there is a new buyer who will take possession June 29; and through the purchase agreement, the buyer is required to complete the road. Alderman Kooiker asked that the purchase agreement be provided to the City Attorney’s office for review. Alderman LaCroix explained that he drives this road on a daily basis and indicated his interest in having the road completed, soon. Frank indicated that equipment was on site to begin the road construction last week, but the contractor was told by Dream Design not to begin because they had utilities to cross the road. Alderman Johnson indicated that his concern is that a buyer’s agreement does not obligate the buyer to construct the road in any timely fashion; and it is not enforceable by the City Attorney. Alderman Hadcock asked that someone verify whether utilities are to be extended across the road. Kooiker moved, second by Hadcock to refer direction to staff regarding Bunker Drive to the June 8, 2007 special Council meeting; and ask the City Attorney’s Office to look at options and investigate the utility work as discussed. Motion carried with LaCroix and Okrepkie voting NO. ADJOURN As there was no further business to come before the Council at this time, the meeting adjourned at 10:27 P.M. CITY OF RAPID CITY ATTEST: Mayor Finance Office (SEAL)

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