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

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota

March 3, 2008

Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Rapid City was held at the City/School Administration Center in Rapid City, South Dakota on Monday, Mach 3, 2008 at 7:00 P.M. The following members were present: Mayor Alan Hanks and the following Alderpersons: Lloyd LaCroix, Tom Johnson, Deb Hadcock, Bob Hurlbut, Bill Okrepkie, Malcom Chapman, Ron Weifenbach, Karen Olson, Ron Kroeger and Sam Kooiker; and the following Alderpersons arrived during the course of the meeting: None; and the following were absent: None. Staff members present included Finance Officer Jim Preston, City Attorney Jason Green, Growth Management Director Marcia Elkins, City Engineer Robert Ellis, Fire Chief Mark Rohlfing, Police Chief Steve Allender, and Administrative Coordinator Jackie Gerry. ADOPTION OF AGENDA The following items were added to the agenda:

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

Motion was made by Chapman and seconded to adopt the agenda as amended. Motion carried. APPROVE MINUTES Motion was made by Johnson and seconded to approve the minutes for February 19, 2008. Motion carried. GENERAL PUBLIC COMMENT Bonnie Redden, Rapid City reported her telephone conversations with representatives of Wal-Mart, and indicated that a proposed Tax Increment District application was made by a developer and not Wal-Mart. Jim Phoenix, Rapid City indicated that his neighborhood is opposed to a big-box store. He suggested that they are not against Wal-Mart, but against a proposed location where Wal-Mart might locate. NON-PUBLIC HEARING ITEMS -- Items 1 - 79 Motion was made by Hurlbut and seconded to open public comment on Items 1 – 62. Motion carried. No comments were offered. Motion was made by Olson and seconded to closed public comment on items 1 – 62. Motion carried. CONSENT ITEMS – Items 1 - 62

CITY COUNCIL MARCH 3, 2008

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Motion was made by Chapman and seconded to approve the following items as they appear on the Consent Items. Motion carried. Vacations of Right-Of-Way Set for Hearing (April 7, 2008) 1. No. 07VR014 - A request by Dennis and Janine Walz for a Vacation of Right-of-Way on

a portion of West South Street Right-of-Way adjacent to Lot 1 of Lot AR of Lot 1 in the SE1/4 NE1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3401 W. South Street.

Alcoholic Beverage License Applications Set for Hearing (March 17, 2008) 2. Rapid City Fine Arts Center, Inc. for a Special Event Beer and Wine License for an

event scheduled April 4, 2008 at the Dahl Arts Center, 713 7th Street 3. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for

an event scheduled April 8, 2008 at the Rapid City Public Library, 610 Quincy Street 4. Leading Edge Management, LLC dba Buffalo Wings and Rings, 5622 Sheridan Lake

Road for a Retail (On-Off Sale) Wine License 5. Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for a Package

(Off-Sale) Liquor License TRANSFER from Albertsons, Inc. dba Albertsons Food Center #845, 855 Omaha Street

6. Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for a Package (Off-Sale) Malt Beverage License TRANSFER from Albertsons, Inc. dba Albertsons Food Center #845, 855 Omaha Street

7. Bosselman, Inc. of South Dakota dba Bosselman Travel Center, 2783 Deadwood Avenue for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from I-90 Fuel Services, Inc. dba Windmill Truck Stop, 2783 Deadwood Avenue

Public Works Committee Consent Items 8. No. PW012908-01 – Acknowledge report on sewer backup appeal from Jerome and

Jeraldine Walenta, 510 E. Watertown Street 9. No. PW012908-03 - Ask City staff to proceed with Code Enforcement in the surrounding

Knollwood Drainage area; clean up the graffiti, and to bring a report forward at the April 15, 2008 Public Works Committee meeting

10. No. PW022608-02 - Authorize staff to advertise for bids for Meade Street Reconstruction – Phase 2 from Flormann Street to Tallent Street Project No. DR03-1333C / CIP #50416

11. No. PW022608-03 - Authorize staff to advertise for bids for Cross Street Railroad Crossing Project No. RR06-1540 / CIP #50172

12. No. PW022608-04 - Authorize staff to advertise for bids for One (1) Tandem Axle Dump Truck (Replacement) for the Street Division

13. No. PW022608-05 - Authorize staff to advertise for bids for Two (2) Sander / Spreader Trucks (Replacements) for the Street Division

14. No. PW022608-06 - Authorize staff to advertise for bids for One (1) Vacuum Street Sweeper (Replacement) for the Street Division

15. No. PW022608-07 - Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with RESPEC to provide Stormwater Quality and Plan Preparation Training for an amount not to exceed $34,490.00

16. No. PW022608-08 - Authorize the Mayor and Finance Officer to sign a Petition to vacate public right-of-way legally described as the north 14 foot strip of the Monroe Street right-of-way, adjacent to Lot A of Block 12 Wise’s Addition, Section 31, T2N, R8E,


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BHM, Rapid City, Pennington County, South Dakota, more generally known as 410 East Monroe Street

17. No. PW022608-09 - Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Kadrmas, Lee & Jackson, Inc. for East North Street / East Boulevard Reconstruction from Saint Joseph Street to Cambell Street Project No. ST08-1511 for an amount not to exceed $124,310.37

18. No. PW022608-10 - Approve a request to revise Subletting of Contract for the North Maple Avenue and East Disk Drive Intersection Reconstruction Project No. ST08-1700 / CIP #50702

19. No. PW022608-11 - Approve a request to raise Liquidated Damages to $2,500 per working day for the North Maple Avenue and East Disk Drive Intersection Reconstruction Project No. ST08-1700 / CIP #50702

20. No. PW022608-12 - Approve the purchase two (2) 2008 Chevrolet Colorado pickups off of the State Contract #15270 from Lamb Chevrolet for $17,715.00 each for the Engineering Division

21. No. PW022608-13 - Approve the purchase two (2) 3/4 Ton, 4x4, Extended Cab, Long Box, Ford F250 pickups from McKie Ford matching State Contract No. 15269 for a price of $22,449.00 each (Replacements) for the Street Division

22. No. PW022608-14 - Approve the purchase one (1) 3/4 Ton, 4x4, Regular Cab, Long Box, Ford F250 pickup from McKie Ford matching State Contract No. 15269 for a price of $20,020.00 (Replacement) for the Street Division

23. No. PW022608-15 - Approve the purchase One (1) Articulating Motorgrader from RDO Equipment Company for a price of $182,434.00 for the Street Division

24. No. 08EX007 - Approve an exception to allow a 36 foot wide approach in Lieu of 28 foot wide approach on the East 33' of Lot 16 and all of Lots 17-20, Block 9, Schnasse Addition, Rapid City, Pennington County, South Dakota for petitioner Fisk Land Surveying

Legal & Finance Committee Consent Items 25. No. LF022708-02 – Confirm appointment of John Brockelsby to the Journey Museum

Board 26. No. LF022708-28 – Acknowledge Capital Improvements Program Committee monthly

update for February 2008 27. No. LF022708-29 – Approve the Parks & Recreation 2007 CIP Funds carry-over 28. No. LF022708-30 – Approve the Parks and Recreation Five-Year Plan for FY2009 – FY

2013 29. Approve the Finance Office Remodel Project for $6,500 from CIP Contingency 30. Set the next CIP Committee meeting for March 28, 2008 at 10:00 A.M. 31. No. LF022708-36 – Approve request to extend floodplain moratorium through March 31,

2008 32. No. LF022708-03 – Authorize staff to advertise for bids for digital video recorder system

for the Police Department 33. No. LF022708-32 – Approve Travel Request for Loyann Kistler to attend Cardinal

Ticketrak User Conference in Addison, TX, April 27-30, 2008, in the approximate amount of $1,378.51

34. No. LF022708-33 – Approve Event Permit for Celts of America to hold parade on March 15, 2008

35. No. LF022708-34 – Approve Event Permit for Alex Johnson Hotel to allow motorcycle parking June 30, 2008, July 14, 2008, and July 28, 2008


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36. No. LF022708-04 – Approve Travel Request for Rod Seals and Nick Carlson to attend Fire Department Instructor’s Conference in Indianapolis, IN, April 7-12, 2008, in the approximate amount of $4,204

37. No. LF022708-05 – Approve the purchase Vehicle Exhaust Removal Systems for Fire Stations 5 and 7

38. No. LF022708-06 – Approve Travel Request for Travis Brink, Marjorie Brekke, Sandra McNeely, and Stephanie Big Crow to attend Thinking Ahead 2008 Conference in Salt Lake City, UT, March 13-15, 2008, in the approximate amount of $3,663.11

39. No. LF022708-07 – Approve Travel Request for Monica Heller, Community Planning Coordinator and Jared Ball, Planner I to attend the American Planning Association National Planning Conference in Las Vegas, Nevada, April 27, 2008-May 1, 2008 in an approximate amount of $3,574.00

40. Acknowledge the following volunteers for purposes of workers compensation insurance coverage: Leticia Penaloza and Rinkal Saini

41. No. LF022708-10 – Authorize Mayor and Finance Officer to sign Local Governing Body Approval Letter for Corner Stone Rescue Mission for Emergency Shelter Grant Funds for the operation of the Mission

42. No. LF022708-11 – Authorize Mayor and Finance Officer to sign Local Governing Body Approval Letter for Corner Stone Women & Children’s Home for Emergency Shelter Grant Funds for the operation of the Mission

43. No. LF022708-12 – Approve Subsidy Committee recommendations for an Amendment to the FY2008 CDBG Annual Action Plan Grant Allocations

44. No. LF022708-13 – Approve Request for Proposals for audio/video equipment in the City Council/School Board Chambers

45. No. LF022708-14 – Authorize Mayor and Finance Officer to sign Agreement with Condrey and Associates in the amount of $12,500 and travel not to exceed $5,000 for a staffing study

46. No. LF022708-15 – Approve the bid award for East Mall Drive Connection - North LaCrosse Street to East North Street, Project No. ST06-1334b / CIP No. 50521, SDDOT Project No. EM 1608(3) - PCN 012F to the lowest responsible bidder meeting specifications, Knife River Midwest, LLC, for the low unit prices bid for a total contract amount of $6,592,466.00

47. No. LF022708-16 – Authorize staff to proceed with Request for Proposals for design and construction of a creative playground to be located in Vickie Powers Park

48. No. LF022708-17 – Authorize staff to proceed with Request for Qualifications for landscape architect, construction management and related services for development of Phase 1 of Vickie Powers Memorial Park

49. No. LF022708-18 – Authorize staff to advertise for bids for hot drink & candy, amusements, and cold drink & cold drink concession products for the Rapid City Swim Center and the Roosevelt Ice Arena

50. No. LF022708-19 – Authorize the Mayor and Finance Officer to sign 2008 Parks Custodial Contract with Black Hills Workshop

51. No. LF022708-27 – Approve Travel Request for Bob Young to attend National Playground Safety Institute in Bismarck, ND, March 16-20, 2008, in the approximate amount of $1,131

52. No. LF022708-20 – Approve Resolution of Intent to Enter into Extended Lease of Land with Presbyterian Retirement Village of Rapid City, Inc. Pursuant to SDCL 9-12-5.2

A RESOLUTION OF INTENT TO ENTER INTO EXTENDED LEASE OF


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

BE IT RESOLVED by the City of Rapid City that the City of Rapid City intends to enter into an extended lease of real property with Presbyterian Retirement Village of Rapid City, Inc. which property is described as Lot Two (2) of the Southeast Quarter of the Northeast Quarter (SE¼NE¼), less Lot H1, in Section Three (3), Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian, Rapid City, Pennington County, South Dakota; and BE IT FURTHER RESOLVED that a copy of this resolution of intent be published once at least ten (10) days prior to the hearing to be held at City Hall, 300 Sixth Street, Rapid City, South Dakota, at 7:00 o’clock, p.m., on the 17th day of March, 2008, or as soon thereafter as the item may come on for hearing at said meeting; and BE IT FURTHER RESOLVED that following the hearing the City Council may adopt a resolution authorizing a lease upon the terms and conditions as it shall determine in said resolution. Dated this 3rd day of March, 2008. CITY OF RAPID CITY ATTEST: s/ Alan Hanks s/ James F. Preston Finance Officer (SEAL)

53. No. LF022708-21 – Acknowledge raffle request from South Dakota Engineering Society 54. No. LF022708-22 – Acknowledge raffle request from Rapid City Regional Hospital

Foundation 55. No. LF022708-23 – Acknowledge raffle request from Rapid City Arts Council 56. No. LF022708-24 – Acknowledge raffle request from Rapid City Girls Junior Olympic

ASA, Inc. 57. No. LF022708-35 – Approve request from Chuck Wendt, d/b/a CW Enterprises for 2008

Ice Cream Vending License 58. No. LF022708-31 – Approve abatement for Robert W. Akers for 2007 in the amount of

$2,903.92 59. Approve the following licenses: Residential Contractor: Kirk Wermager, K & S Custom

Homes; Jacqueline Ann Nettleton, Mountain Movers Construction Inc.; David LaFrance, Black Hills Area Habitat for Humanity; Chris Johnson, C Michael Homes Inc.; Michael Swenson, DAZ Construction; John Diedrichs, Diedrichs Construction; Dave Freytag; and Kent & Cindy Guthrie, Guthrie Inc.; Mobile Home Court: Gikling & Meier LLC, Cherry Avenue Mobile Park; House Mover: John Samples, Kan Build Inc.; Electrical Master: Scott Clarke, Clarke Electric; Electrical Journeyman: Steve Reimer, Jesse Jensen, Matthew Yackley, and Jesse Jensen; Plumbing Apprentice: Dennis Busack, Dustin Christensen, Bradley Hatheway, Adam Hoyt, Nicholas Klimek, Joshua Knock, Wade Medicine, William Peldo, Don Pruess, Dean Williamson, Dusty Yellow, and Danyal Wright; Plumbing Contractor: Barry Akley, Precision Plumbing Inc.; Jon Anderson,


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


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

Growth Management Department Consent Items 60. No. 08PL002 - A request by Dream Design International, Inc. for Robert Sundby for a

Preliminary Plat on Lots 1 and 2 of Sammi's Subdivision, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 of Lot 8 of the E1/2 NE1/4, less Lot H1, of the E1/2 of Lot 8 of the E1/2 of the NE1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4961 Sheridan Lake Road. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the Planning Commission, the plat document shall be revised to show a maximum 40 foot by 40 foot shared approach along the common lot line of proposed Lot 1 and Lot 2. In addition, the plat document shall be revised to show a 20 foot by 40 foot shared approach along the south lot line of proposed Lot 1; 2. Prior to Preliminary Plat approval by the City Council, a shared approach easement, measuring 20 foot by 40 foot shall be obtained from the adjacent property owner located south of proposed Lot 1 or the southern driveway to proposed Lot 1 shall be eliminated; 3. Prior to Preliminary Plat approval by the City Council, that portion of the driveway located on proposed Lot 2 which serves as access to the adjacent property shall be removed or upon submittal of a Final Plat application, surety shall be posted to insure that the driveway is removed; 4. Prior to Preliminary Plat approval by the City Council, construction plans for the existing 30 foot wide access and utility easement shall be submitted for review and approval. In particular, the construction plans shall show the street located in a minimum 49 foot wide easement and constructed with a minimum 24 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations must be obtained; 5. Prior to Preliminary Plat approval by the City Council, a grading and erosion control plan shall be submitted for review and approval if any subdivision improvements are required as a part of this plat review; 6. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show the drainage easement as shown on the site plan; 7. Prior to Preliminary Plat approval by the Planning Commission, a cost estimate of the subdivision improvements, including the cost of removing a portion of the driveway located on proposed Lot 2, shall be submitted for review and approval; 8. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and, 9. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.)

61. No. 08PL008 - A request by Renner & Associates for Jo and Steve Benn for a

Preliminary Plat on Lot 8 of Block 4 of Clarkson Subdivision, located in a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, a portion of Spring Canyon Trail Right-of-way, and a portion of Clarkson Road Right-of-way, Section 31, T1N, R7E, BHM, Pennington


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County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Upon submittal of a Preliminary Plat application, road construction plans for Spring Canyon Trail shall be submitted for review and approval. In particular, the road construction plans shall show the street located in a minimum 52 foot right-of-way and constructed with a minimum 27 foot wide paved surface, curb, gutter, sidewalk, street light conduit, water and sewer or a Variance to the Subdivision Regulations shall be obtained or Spring Canyon Trail shall be vacated; 2. Upon submittal of a Preliminary Plat application, a cost estimate of the subdivision improvements shall be submitted for review and approval; 3. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; 4. prior to Preliminary Plat approval by the City Council, a drainage, grading and erosion control plan be submitted for review and approval if any subdivision improvements are required as a part of this plat review unless a Variance is granted waiving those improvements; and, 5. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.)

62. No. 08PL009 - A request by Fisk Land Surveying & Consulting Engineers for Randy Long

for a Preliminary Plat on Lots 42BR-Revised and 43AR and 43BR of Village on the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 42BR and 43 of Village on the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, located adjacent to the north side of Mulligan Mile. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, construction plans shall be submitted for review and approval showing a sidewalk along both sides of Mulligan Mile or a Variance to the Subdivision Regulations shall be approved; 2. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show the dedication of an additional 3.5 feet of right-of-way for Mulligan Mile or a Variance to the Subdivision Regulations shall be obtained; 3. Prior to Preliminary Plat approval by the City Council, a cost estimate of the subdivision improvements shall be submitted for review and approval; and, 4. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid. 5. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval.)

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


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youth through education, apprenticeship, and workforce development; and the youth will be an important factor in sustaining this venue. Cook encouraged the Council to move forward in approving the selected site. Matt Fridell, Wyss Associates addressed item #71 giving a brief overview of the site selected for ATTA Powwow Gardens and Market and asked for approval so that plans can be formulated. Barney Horrell, Triple C Development, Norfolk, VA addressed item #73 (08EX015), indicating his availability to answer questions. Janelle Finck, Fisk Land Surveying addressed item #73 (08EX015), indicating that the re-development of the property for the new Auto Zone store on East North Street at Racine Street, meets all the requirements with the exception of the driveway approach. Finck indicated that there is no viable option regarding the approach. Arthur Nave, Auto Zone, Memphis, TN addressed item #73 (08EX015), indicating that they are looking forward to building a new store on East North Street; and indicated his availability to answer questions. Steven Brenden, Rapid City addressed items #65 (08TI001) and #66 (08TI002), indicating that the only costs the City should have an interest, is the oversizing costs. He suggested that all other project costs should be paid by the developer. Motion was made by Okrepkie and seconded to closed public comment on items 63 – 79 and 106 and 117. Motion carried. NON-CONSENT ITEMS – Items 63 – 79, 106, 117 The Mayor presented (No. 07CA023), a request by Scull Construction for Whittingham & Lestrange, LPI for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Park Forest to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, described as follows: commencing at the rear lot corner common to Lots 3 and 4 of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey cap stamped LS 6117, Thence S25º59’34”E a distance of 55.29’ to the point of beginning; Thence First Course: along a line with a bearing of N00º00'38"E and a distance of 355.70; Thence Second Course: along a line with a bearing of S10º41'47"E and a distance of 590.96 feet; to an intersection with the northerly line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 5 and the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision with a bearing of N25º59'34"W and a distance of 250.40 feet to the Point of Beginning, located northeast of Table Rock Road. Motion was made by Hadcock and seconded to acknowledge the applicant’s withdrawal of the application. Motion carried. The Mayor presented (No. 07RZ043), second reading of Ordinance No. 5305, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Scull Construction for Whittingham & Lestrange, LPI for a Rezoning from Park Forest District to General Commercial District on a parcel of land located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, described as follows: commencing at the rear lot corner common to Lots 3 and 4 of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey cap stamped LS 6117, Thence S25º59’34”E a distance of 55.29’ to the point of beginning; Thence First Course: along a line with a bearing of N00º00'38"E and a distance of 355.70; Thence Second Course: along a line with a bearing of S10º41'47"E and a distance of 590.96 feet; to an intersection with the northerly line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 5 and the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision with a bearing of N25º59'34"W and a distance of 250.40 feet to the Point of Beginning, located northeast of Table Rock Road. Notice of hearing was published in the Rapid City Journal on June 23, 2007 and June 30, 2007. Ordinance No. 5305 have had the first reading on June 18, 2007, motion was


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made by Hadcock and seconded to acknowledge the applicant’s withdrawal of the application. Motion carried. ORDINANCES Ordinance No. 5371 (No. LF022708-08), Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards an Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code was introduced. Motion was made by Hadcock and seconded that Ordinance No. 5371 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, March 17, 2008. Motion carried. Ordinance No.5370 (No. 08OA001), Adding Non-Overnight Dog Kennels and Corrals for Transitory Animals as a Conditional Use by Amending Section 17.18.030 of the Rapid City Municipal Code having passed first reading on February 19, 2008; motion was made by Hadcock and seconded that the title be read the second time. The following voted AYE: LaCroix. Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; whereupon the Mayor declared the motion passed and Ordinance No. 5370 was declared duly passed upon its second reading. LEGAL & FINANCE COMMITTEE ITEMS The Mayor presented (No. 08TI001), a request by Sperlich Consulting, Inc. for Doeck, LLC to consider an application for a Creation of Tax Increment District on the SE1/4 NE1/4 and the W1/2 SE1/4, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The S1/2 S1/2 W1/2 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 of Block 1, Lots 1, 2, 6 and 7 of Block 2, Lots 1 through 20 of Block 3 and Roberta Street right-of-way adjacent to said lots, Earleen Street right-of-way, Kateland Street right-of-way, all located in Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 of Block 5 and Lot 11 of Block 4, Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 through 17 of Block 1, Lot 1 and Lot 22 of Block 3, Lot 1 and Lot 24 of Block 4, Lot 1 and Lot 24 of Block 5, Lot 1 and 24 of Block 6, Lot 1 of Block 7, Bengal Drive right-of-way adjacent to said lots, all located in Mall Ridge Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The unplatted portion of the SW1/4SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 7 through 16 of Block 2 and Titan Drive right-of-way adjacent to said lots, Lots 1 through 6 of Block 3, Lots 1 through 3 of Block 6 and Three Rivers Drive right-of-way adjacent to said lots, Lots 1, 2, 3A, 4A, 5, 6, and 7 of Block 7, Lots 1 through 14 of Block 8 and Bengal Drive right-of-way adjacent to said lots, Lots 18 through 22 of Block 8, all located in Northbrook Village Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Country Road right-of-way located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot DE of Tract 5 of Sletten Addition, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4 less Lot A and less Lot 1 of Hubbard Subdivision, Section 24, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4NE1/4 of Section 23, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east and west of Haines Avenue and north and south of Country Road. Motion was made by Johnson and seconded to approve a Creation of Tax Increment District located east and west of Haines Avenue and north and south of Country Road.


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Responding to questions from the Council, the Tax Increment District Project Plan was outlined. The plan includes culverts and grading at Cobalt Street and at Three Rivers Drive, oversizing water/sewer for annexed land west of Haines Avenue, and oversizing water/sewer for Brookfield, Professional Service Costs, Contingency Costs, and Necessary and Convenient Costs. It was explained that the Contingency and Necessary and Convenient Costs are not spent without approval of the Tax Increment Finance Committee, Planning Commission, and City Council. Grading is specific to the installation of the culverts and drainage areas. Relative to low income housing, there is no identified percentage that will be devoted to affordable housing. The project under consideration was proposed because of the oversizing costs; and the developers believed that the large crossings, which are part of the Drainage Basin Master Plan, was enough justification to include those costs in the Tax Increment Financing. The Tax Increment Finance Committee did discuss some element of affordable housing, but did not make a recommendation. The Council could approve with an affordable housing component only if the Council knew the number of percentage of the lots that should be affordable housing. It was explained that this component would not change the amortization schedule from the City’s viewpoint; however, it may affect the applicant’s ability to move forward in terms of their Performa for the entire subdivision. A project is an economic development TID if any lots within the project are intended to be used for commercial or industrial purposes. Qualifying as an economic development TID addresses how State funds for education are allocated. Because the Council agreed, by previous actions approving other Tax Increment District Plans, box culverts and grading costs were included in the District under consideration. Responding to a question from Alderman Chapman, the applicant indicated his willingness to come forward with the full amount for the oversizing costs in this TIF district. The boundaries of the Tax Increment District were outlined; and the property proposed for commercial use was also outlined, suggesting that it may consist of one or two acres. Alderman Hadcock suggested that Professional Services, Contingency, and Necessary and Convenient Costs are double line items; and also suggested that this is a residential Tax Increment District rather than an economic development Tax Increment District based on a one acre parcel proposed for commercial use. Hadcock suggested the request be denied. It was indicated that these types of oversizing costs for improvements have not been paid for through a Developer’s Agreement. A request was made for a written opinion from the City Attorney’s Office and Attorney General. Substitute motion was made by Kooiker and seconded to refer the (08TI001), creation of Tax Increment District, located east and west of Haines Avenue and north and south of Country Road to the Tax Increment Finance Committee; ask that further information be gathered about defining this TID as economic development; and ask the applicant what they are willing to provide in terms of low income housing designated lots. It was explained that current rules are set up that if you have a certain amount of commercial property you deem necessary, it can be called an economic development TIF. Upon a vote being taken on the substitute motion, motion carried. The Mayor presented (No. 08TI002), a request by Sperlich Consulting, Inc. for Doeck, LLC to consider an application for a Tax Increment District Project Plan on the SE1/4NE1/4 and the W1/2SE1/4, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The S1/2S1/2W1/2SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South


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Dakota; and, Lot 1 of Block 1, Lots 1, 2, 6 and 7 of Block 2, Lots 1 through 20 of Block 3 and Roberta Street right-of-way adjacent to said lots, Earleen Street right-of-way, Kateland Street right-of-way, all located in Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 of Block 5 and Lot 11 of Block 4, Kateland Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 through 17 of Block 1, Lot 1 and Lot 22 of Block 3, Lot 1 and Lot 24 of Block 4, Lot 1 and Lot 24 of Block 5, Lot 1 and 24 of Block 6, Lot 1 of Block 7, Bengal Drive right-of-way adjacent to said lots, all located in Mall Ridge Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The unplatted portion of the SW1/4SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 7 through 16 of Block 2 and Titan Drive right-of-way adjacent to said lots, Lots 1 through 6 of Block 3, Lots 1 through 3 of Block 6 and Three Rivers Drive right-of-way adjacent to said lots, Lots 1, 2, 3A, 4A, 5, 6, and 7 of Block 7, Lots 1 through 14 of Block 8 and Bengal Drive right-of-way adjacent to said lots, Lots 18 through 22 of Block 8, all located in Northbrook Village Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Country Road right-of-way located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot DE of Tract 5 of Sletten Addition, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4 less Lot A and less Lot 1 of Hubbard Subdivision, Section 24, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The NE1/4NE1/4 of Section 23, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east and west of Haines Avenue and north and south of Country Road. Motion was made by Hadcock and seconded that the application for a Tax Increment District Project Plan be referred to the Tax Increment Finance Committee. Motion carried. Motion was made by Chapman and seconded to (No. LF022708-25), acknowledge the report on use of property adjacent to Executive Golf Course. The property in question is located north of Omaha Street and south of the Executive Golf Course; and is currently owned by the State of South Dakota. The State has inquired of the City if there is an interest in purchasing three individual parcels valued at Ten Dollars per square foot for an estimated cost of $625,000. In reviewing the property, the Parks and Recreation Advisory Board believed it desirable to acquire the property for open space adjacent to the golf course and bike path. In discussions, the Mayor and City staff determined there is no specific use proposed for the property and no identified funding source available for the acquisition. The recommendation is not to purchase the property. There is the possibility that a project could be designed to meet the requirements of the Federal Greenway Funds. The project would be trailheads for the greenway/pedestrian path expansion. Substitute motion was made by Kooiker and seconded to continue the use of property adjacent to Executive Golf Course to the May 28, 2008 Legal and Finance Committee meeting to allow staff an opportunity to continue the discussions with the SD Department of Transportation and determine if the property can be incorporated into the greenway fund. Motion carried. Motion was made by Hadcock and seconded to (No. LF022708-26), request staff to prepare an annexation study of the North Valley Drive Annexation area, a Notice of Hearing, and a Resolution of Intent to Annex. Motion carried.


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Motion was made by Hadcock and seconded to refer (No. LF121207-28A), a Resolution Directing that City Staff Convert the Current Ten Hour Parking Meters along Apolda Street to Two Hour Meters to the March 12, 2008 Legal and Finance Committee meeting. Motion carried. PUBLIC WORKS COMMITTEE ITEMS Motion was made by LaCroix and seconded to table (No. PW021208-01), Concrete Pavement Benefits and Life Cycle Costs presentation by American Concrete Pavement Association, Larry Engbrecht. Motion carried. Motion was made by LaCroix and seconded to designate the proposed new site, located north of the Journey Museum and along the hillside for the ATTA Powwow Gardens and Market Site; and authorize the applicant to proceed with the 11-6-19 Review Application. It was agreed that this endeavor is an opportunity for the youth and the City to learn about the culture and culture of others. ATTA organizers were encouraged to attend the Council’s Annual 2012 Program meeting. Motion carried. Parks & Recreation Director Cole addressed the (No. PW092507-19), requirements for use of Greenway Pedestrian Bike Path Funds. Two public sessions were conducted to solicit input, and correspondence was also received by mail and electronically. Through the public input, it was found that the community wanted new trails throughout the entire community. Pathways are beneficial in terms of health, recreation, environment, and economics. Criteria used in evaluating the comments included guidelines from the Federal Transportation Administration, the Parks and Recreation Department, and the community. The FTA guidelines are the following: the project must be located within Rapid City; must be tied to existing greenway and bike/pedestrian paths; must involve expansion of the existing bike/pedestrian paths; and must not involve condemnation. The P&R Department guidelines are the following: does it improve or fix safety issues; is it part of an unfinished project; is it part of an existing master plan; and what project will create the most use in new biking and walking trips. The community guidelines are the following: will the project make an impact in terms of use, visibility, and economics on the City; will it leverage other resources; are there other monies out there that can be utilized to develop a bigger and better project than just the $1.7 Million from the Highway Transportation Fund; will it improve connections to other bike and pedestrian areas in the City; and will it raise public awareness of walking and biking in the community. More than fifty comments were reviewed and a matrix was developed using the criteria and each project was rated against the criteria. The number one project was the Founders Parks upgrades and trail expansion; second was the connection to the bike path along Steele Avenue to the School of Mines; third was the extension of the bike to Rapid Valley along the greenway or The Rails to Trails; and the fourth project is the extension of the bike path from the Fish Hatchery, west to the Cliffside Park. The Founders Park project would include upgrades, expanding the existing parking area, restrooms, pedestrian bridge creek crossing; and trail connections to existing trails throughout the park. The preliminary cost estimate for these elements is in excess of $1.5 Million. It was noted that there are other funds that could be leveraged to use in this project. The preliminary cost for the connection of the bike path along Steele Avenue, crossing St. Joe Street to the School of Mines is estimated at $325,000. The preliminary cost for the extension of the bike


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path to Rapid Valley is estimated at $800,000 to $1.5 Million depending on whether the bike path is extended along the greenway or The Rails to Trails. The preliminary cost estimated of $300,000 applies only to paving the bike extension between the Fish Hatchery and Cliffside Park. No cost estimate is available for the land acquisition associated with the bike extension between the Fish Hatchery and Cliffside Park. Motion was made by Chapman and seconded to acknowledge the report on the use of Greenway Pedestrian Bike Path Funds; and refer this issue to the March 12, 2008 Legal and Finance Committee meeting for further discussion and recommendation. Motion carried. The Mayor presented (No. 08EX015), an appeal of the denial of a request to allow a driveway approach which is not directly opposite and does not meet minimum spacing requirements on East North Street (proposed Auto Zone). Motion was made by LaCroix and seconded to approve. The City Traffic Engineer evaluated the feasibility of the access location and it appears that the present location of the access is the best location for the driveway. The recommendation is to approve the driveway as located on the site plan. It was point out that the Council is creating a non-conforming situation. The recommendation is to also include a covenant. This covenant will clearly define that the City will not be liable for damages if the City has to close the access in the future. With the consent of the Council, the second to the motion was withdrawn. Motion was made by LaCroix and seconded to approve the driveway as located on the site plan, with the stipulation that the applicant sign a covenant that is acceptable with the City Attorney. The agent for Auto Zone indicated that they will advise their client not to sign a covenant as the reconstruction of East North Street may bring the property into compliance. Opposition to the stipulation of a covenant was expressed by Council members. During the time that the East North Street reconstruction project is being designed, staff would take the opportunity to visit with Checker Auto Parts about realigning their driveway to match the driveway of Auto Zone. Checker Auto Parts will be under no obligation to realign their driveway. Rapid City could act on the proposed covenant if there is a change in use of the property. Substitute motion was made by Hurlbut and seconded approve the driveway as located on the site plan, with the stipulation that the applicant sign a covenant that will be acted upon when there is a change of the business use of the premises. The applicant agreed that this compromise was acceptable. Opposition to the stipulation that the covenant will only be enacted with a change in use was expressed by Council members. Upon a roll call vote on the substitute motion, the following voted AYE: LaCroix, Johnson, Hurlbut, Okrepkie, and Olson; NO: Hadcock, Chapman, Weifenbach, Kroeger, and Kooiker. The Chair voted NO, motion failed. Upon a roll call vote on the original motion to approve, the following voted AYE: Johnson, Hadcock, Chapman, Weifenbach, Olson, and Kooiker; NO: Hurlbut, Okrepkie, Kroeger, and LaCroix. Motion carried. The Mayor presented (No. 08EX013), a request to the Development, Appeals and Review Board (DARB) to hear the request by Merlin Stromer to consider an exception to allow access to a Higher Order Street on Lot B, Bar P-S Subdivision, Rapid City, South Dakota; and make a recommendation to the City Council (File No. 08PL007). Motion was made by LaCroix and


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seconded to continue this item to the March 17, 2008 Council meeting at the applicant’s request. Substitute motion was made by Olson and seconded to refer this item to the March 11, 2008 Public Works Committee meeting. Second substitute motion was made by Kooiker and seconded to request the Development, Appeals and Review Board (DARB) to hear the request by Merlin Stromer to consider an exception to allow access to a Higher Order Street on Lot B, Bar P-S Subdivision. Motion carried. BIDS The following companies submitted bids for the (No. CC030308-02), 2008 Street Painting Contract Project No. PM08-1696 / CIP No. 50594 opened February 26, 2008: Bestway Traffic, Inc., Highway Technologies, Inc. and Traffic Services Company. Staff reviewed the bids and recommends the bid award to Traffic Services Company. Motion was made by Hadcock and seconded to approve the bid award for the 2008 Street Painting Contract Project No. PM08-1696 to the lowest responsible bidder meeting specifications, Traffic Services Company, for the low unit prices bid for a total contract amount of $60,642.90. Motion carried. The following companies submitted bids for the (No. CC030308-02), 2008 Police Vehicle Contract for Six Ford Crown Victoria Patrol Cars opened February 26, 2008: McKie Ford. Staff reviewed the bid and recommends the bid award to McKie. Motion was made by Hadcock and seconded to approve the bid award for the 2008 Police Vehicle Contract for Six Ford Crown Victoria Patrol Cars to the lowest responsible bidder meeting specifications, McKie, for the low unit prices bid for a total contract amount of $148,104.00. Motion carried. MAYOR’S ITEMS Engineering Project Manager Johnson gave a brief Vision 2012 Program update outlining change orders that adjusted project costs; contract amendments that also adjusted project costs; and contingency amounts remaining for the Civic Center and Dahl Arts Center expansion projects. The Council’s Annual 2012 Program meeting is scheduled Monday, March 31, 2008 at 7:00 P.M. in the Council Chambers. Civic Center Manager Maliske was invited to the March 17, 2008 Council meeting to brief the members on the progress of the Civic Center expansion project. Motion was made by Okrepkie and seconded to modify the Vision 2012 Project Update spreadsheet by adding a column for Operations and Maintenance Costs that are on-going expenses to the City. Motion carried. COUNCIL ITEMS & LIAISON REPORTS Alderman Hadcock addressed the Polar Plunge Benefit for South Dakota Special Olympics and extended her appreciation to the participants and the organizers. APPEALS - Sign Code Appeals


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Motion was made by Hadcock and seconded to continue (No. CC110507-03), Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Cabela’s Retail, Inc. for wall signs, joint identification sign, and ground monument sign on Lot 3, Forefather Flats Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3231 East Mall Drive to the March 17, 2008 Council meeting. Motion carried. Motion was made by Hadcock and seconded to continue (No. CC110507-04), Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Rapid Center, LLC for joint identification sign on Lot 3, Starlite Subdivision, and a portion of the SW1/4 of Section 28, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota to the March 17, 2008 Council meeting. Motion carried. PUBLIC HEARING ITEMS – Items 80 – 118 Motion was made by Chapman and seconded to open the public hearing on items 80 – 118. Steven Brenden, Rapid City addressed item #118 (07RZ058), indicating the change in zoning may lead to increased traffic in a school zone. CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 80 - 104 Motion was made by Olson and seconded to approve the following items as they appear on the Continued Public Hearing Consent Items. Motion carried. Continue the following items until March 17, 2008: 80. No. 06PL090 - A request by Dream Design International for a Preliminary Plat on Lots 1

thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated Right-of-Way, Elks Meadows Subdivision, located in the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom Road.

81. No. 07CA062 - A request by Dream Design International, Inc. for Signature Homes, LLC

for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by relocating a minor arterial street on Sections 18 and Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located on proposed LaCrosse Street north of Seger Drive.

82. No. 07PL067 - A request by Whittingham & Lestrange, LPI for a Preliminary Plat on

Tracts 1 thru 3 of Block 1, Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B Revised, Lot 1 and Lot 2 of Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A of Meadow View Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-of-Way; all located in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted portion of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of Block 2 and a portion of Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision; Lots 1 thru 4, a portion of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road


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Right-of-Way of Tower Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section 26 (Promise Road Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the unplatted portion of the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26; Lot H3 of Section 26 and Tucker Street Right-of-way; the unplatted portion of the SE1/4 of the NW1/4 of the NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-way (the Maze property); Tract AR2 and Tract B of Needles Subdivision, Tract a of Meadow View Subdivision in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

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

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

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

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

85. No. 07PL116 - A request by Sperlich Consulting, Inc. for James Letner for a Layout Plat

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

86. No. 07PL134 - A request by Dream Design International, Inc. for a Preliminary Plat on

Lots 1 thru 12 of Block 1, Lots 1 thru 7 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 thru 15 of Block 4, and Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the dedicated Right-of-way, located in the W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

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

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

88. No. 07PL152 - A request by Sperlich Consulting for Ron Shape for a Preliminary Plat

on Lots 1 through 6 of Block 1, Lots 1 through 8 of Block 2, Lots 1 through 8 of Block 3, Lots 1 through 8 of Block 4, Lot 1 of Block 5, Lot 1 of Block 6, and Lot 1 of Block 7, Homestead Subdivision, located in the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM,


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

89. No. 07PL164 - A request by Arleth & Associates for a Preliminary Plat on Lot 2 of the

Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the Plat of the Days Inn Tract and Burger King Tract a replat of Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 719 Jackson Boulevard.

90. No. 07PL166 - A request by Oliver A. Freimark for a Layout Plat on Lot 1 of Spring

Creek Estates Subdivision, located in a portion of the NE1/4 SE1/4, Section 3, T1S, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 3, T1S, R7E, BHM, Pennington County, South Dakota, located at 8686 South Highway 16.

91. No. 07PL180 - A request by Dream Design International for Signature Homes, LLC for a

Layout Plat on Lots 1 thru 263 and Tracts A, B, D, E, F, G, H, I, J and K of Prairie Meadows Subdivision, located in Section 18, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Government Lot 4 less Right-of-way, the unplatted balance of the SE1/4 SW1/4, and the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Country Road, east of Cobalt Avenue and west of 143rd Street.

92. No. 07SV026 - A request by Whittingham & Lestrange, LPI for a Variance to the

Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Catron Boulevard and U. S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on Tracts 1 thru 3 of Block 1, Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B Revised, Lot 1 and Lot 2 of Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A of Meadow View Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-of-Way; all located in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted portion of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of Block 2 and a portion of Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision; Lots 1 thru 4, a portion of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road Right-of-Way of Tower Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section 26 (Promise Road Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the unplatted portion of the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26; Lot H3 of Section 26 and Tucker Street Right-of-Way; the unplatted portion of the SE1/4 of the NW1/4 of the NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-Way (the Maze property); Tract AR2 and Tract B of Needles Subdivision, Tract A of Meadow View Subdivision in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

93. No. 07SV057 - A request by Dream Design International, Inc. for a Variance to the

Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk,


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

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

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

95. No. 07SV070 - A request by Sperlich Consulting, Inc. for James Letner for a Variance to

the Subdivision Regulations to waive the requirement to dedicate ten additional feet of right-of-way along East St. Patrick Street; to waive the requirement to dedicate seventeen additional feet of right-of-way along Creek Drive adjacent to proposed Lot 8; to install additional pavement, curb, gutter, sidewalk and street light conduit along Creek Drive; to install sidewalk along the south side of East St. Charles Street; and, to provide a planting screen easement along East St. Patrick Street and Creek Drive on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1624 East St. Patrick Street.

96. No. 07VR005 - A request by Dream Design International, Inc. for a Vacation of Right-of-

way on the portion of the unplatted balance lying between Lancer Drive and Elk Vale Road of the SE1/4 less Lot H1, less Lots H3 and H4 of the W1/2 SE1/4 and less Lots H3, H4 and H5 of the E1/2 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Lancer Drive and Elk Vale Road.


for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential District with a Planned Residential Development to Medium Density Residential District with a Planned Residential Development on a portion of Government Lot 4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning. Thence, first course: N00º07’57”E, a distance of 607.71 feet, Thence, second course: S89º45’23”E, a distance of 348.37 feet; Thence, third course: S45º18’29”E, a distance of 148.27 feet; Thence, fourth course: S41º57’10”E, a distance of 97.30 feet; Thence, fifth


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


for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Medium Density Residential with a Planned Residential Development on a portion of the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 17, 18, 19, and 20, Thence N89º37’14”W, along the section line common to Sections 18 and 19, a distance of 333.22 feet, to the point of beginning; Thence, first course: N89º37’14”W, along the section line common to Sections 18 and 19, a distance of 1678.81 feet; Thence, second course: N00º22’46”E, a distance of 33.00 feet, to the southeasterly corner of Lot A of the SW1/4 of the SE1/4 of Section 18, T2N, R8E, BHM; Thence, third course: N00º25’46”E, along the easterly boundary of said Lot A, a distance of 208.20 feet, to the northeasterly corner of said Lot A; Thence, fourth course: S89º34’30”E, a distance of 199.01 feet; Thence, fifth course: N00º14’37”E, a distance of 610.83 feet; Thence, sixth course: S89º45’23”E, a distance of 234.88 feet; Thence, seventh course: S39º45’06”E, a distance of 91.40 feet; Thence, eighth course: S74º45’23”E, a distance of 71.54 feet; Thence, ninth course: N50º14’54”E, a distance of 78.96 feet; Thence, tenth course: S39º45’06”E, a distance of 14.60 feet; Thence, eleventh course: curving to the right, on a curve with a radius of 224.00 feet, a delta angle of 23º40’06”, a length of 92.53 feet, a chord bearing of S27º55’03”E, and chord distance of 91.88 feet; Thence, twelfth course: N73º55’00”E, a distance of 208.37 feet; Thence, thirteenth course: N39º45’06”W, a distance of 712.01 feet, to a point on the section 1/16th line; Thence, fourteenth course: S89º33’44”E, along the section 1/16th line, a distance of 1256.40 feet; Thence, fifteenth course: S00º02’35”W, a distance of 975.25 feet, to the northwesterly corner of Lot 1 of North Haines Subdivision; Thence, sixteenth course: S00º02’34”W, along the westerly boundary of said Lot 1, a distance of 299.94 feet, to the southwesterly corner of said Lot 1; Thence, seventeenth course: S00º22’46”W, a distance of 50.01 feet, to a point on the section line common to Sections 18 and 19 and the point of beginning, located north of Country Road, east of Cobalt Avenue and west of 143rd.


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

100. No. 08PL007 - A request by Davis Engineering, Inc. for Merlin Stromer for a Preliminary

Plat on Lots B1 and B2 of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot B of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, located at the northeast corner of the intersection of S.D. Highway 44 and Airport Road.

101. No. 08RZ002 - Second Reading, Ordinance No. 5367, An Ordinance Amending Section

17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for Signature Homes, LLC for a Rezoning from Low Density Residential to Medium Density Residential on a portion of Government Lot 4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning. Thence, first course: N00º07’57”E, a distance of 607.71 feet, Thence, second course: S89º45’23”E, a distance of 348.37 feet; Thence, third course: S45º18’29”E, a distance of 148.27 feet; Thence, fourth course: S41º57’10”E, a distance of 97.30 feet; Thence, fifth course: S60º00’17”E, a distance of 82.33 feet; Thence, sixth course: S74º07’50”E, a distance of 100.83 feet; Thence, seventh course: S89º41’41”E, a distance of 89.82 feet; Thence, eighth course: N85º07’42”E, a distance of 72.62 feet; Thence, ninth course: N74º29’46”E, a distance of 101.06 feet; Thence, tenth course: N56º32’29”E, a distance of 93.59 feet; Thence, eleventh course: S59º22’45”E, a distance of 105.77 feet; Thence, twelfth course: S89º45’23”E, a distance of 54.68 feet; Thence, thirteenth course: S00º14’37”W, a distance of 117.37 feet; Thence, fourteenth course: S89º45’23”E, a distance of 100.00 feet; Thence, fifteenth course: S00º14’37”W, a distance of 40.61 feet; Thence, sixteenth course: S89º37’07”E, a distance of 20.52 feet, to the northwesterly corner of Lot 1 of Mailloux Subdivision in Lot B in the SE ¼ of the SW ¼ of Section 18, T2N, R8E, BHM; Thence, seventeenth course: S00º23’45”W, along the westerly boundary of said Lot 1, a distance of 208.56 feet, to the southwesterly corner of said Lot 1; Thence, eighteenth course: S00º23’45”W, a distance of 33.00 feet, to a point on the section line common to Sections 18, and 19; Thence, nineteenth course: N89º35’54”W, along the section line common to Sections 18, and 19, a distance of 1290.05 feet, to the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning, located north of Country Road, east of Cobalt Avenue and west of 143rd Street.

102. No. 08RZ003 - Second Reading, Ordinance No. 5368, An Ordinance Amending Section

17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for Signature Homes, LLC for a Rezoning from Low Density Residential to Medium Density Residential on a portion of the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at


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

103. No. 08SV001 - A request by Black Hills Surveying for Duane Hosek for a Variance to the

Subdivision Regulations to waive the requirement to install sidewalk and reduce thel pavement width from 27 feet to 24 feet and to dedicate additional Right-of-Way along Midway Street; and a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and to reduce the pavement width from 27 feet to 24 feet and to dedicate additional Right-of-way along Patton Street as per Chapter 16 of the Rapid City Municipal Code on Lots 1 and 2 of Hosek Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all of Block 24 of Mahoney Addition, less the west 25 feet, less the south eight and one half feet and the east eight and one half feet, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1509 Midway.

104. No. 08SV003 - A request by Davis Engineering, Inc. for Merlin Stromer for a Variance to

the Subdivision Regulations to waive the requirement to install curb, gutter, sidwalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots B1 and B2 of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot B of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, located at the northeast corner of the intersection of S.D. Highway 44 and Airport Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS


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Motion was made by Hadcock and seconded to close the public hearing on items 80 – 118. Motion carried. CONSENT PUBLIC HEARING ITEMS – Item 105 Motion was made by Hadcock and seconded to approve the Consent Public Hearings Item. Motion carried. ALCOHOL LICENSES 105. Walter Banovil dba Picasso Barn Pizzeria, 325 Omaha Street, Suite 6 for a Retail (On-

Off Sale) Malt Beverage License with NO Video Lottery TRANSFER from Picasso Barn Pizzeria, LLC dba Picasso Barn Pizzeria, 556 Kirkeby Lane

END OF CONSENT PUBLIC HEARING CALENDAR NON-CONSENT PUBLIC HEARING ITEMS – Items 106 – 118 The Mayor presented (No. 07CA055), a request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Rural Reserve to General Commercial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence N00º04’09”W. along the section line common to Sections 21, and 22, a distance of 530.00 feet to the point of beginning; Thence, first course: S89º55’51”W, a distance of 449.12 feet; Thence, second course: N00º07’41”W, a distance of 860.00 feet; Thence third course: N89º55’51”E, a distance of 450.00 feet, to a point on the section line common to Sections 21, and 22; Thence, fourth course: S00º04’09”E, along the section line common to Sections 21, and 22, a distance of 860.00 feet, to the point of beginning, located north of Seger Drive and west of Elk Vale Road. The following resolution was introduced, read, and LaCroix moved its adoption.

RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY

WHEREAS, the Rapid City Planning Commission has reviewed the proposed amendment to the Comprehensive Plan and made a recommendation to the Rapid City Council; and WHEREAS, the Rapid City Council held a public hearing on the 3rd day of March, 2008 in which they considered the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan; and WHEREAS, the proposed Amendment to the Comprehensive Plan would change the land use designation from Rural Reserve to General Commercial, on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence N00º04’09”W. along the section line common to Sections 21, and 22, a distance of 530.00 feet to the point of beginning; Thence, first course: S89º55’51”W, a distance of 449.12 feet; Thence, second course: N00º07’41”W, a distance of 860.00 feet; Thence third course: N89º55’51”E, a distance of 450.00 feet, to a point on the section line common to Sections 21, and 22; Thence, fourth


24

course: S00º04’09”E, along the section line common to Sections 21, and 22, a distance of 860.00 feet, to the point of beginning; and WHEREAS, it appears that good cause exists to amend the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the Comprehensive Plan be amended to change the land use designation from Rural Reserve to General Commercial, on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence N00º04’09”W. along the section line common to Sections 21, and 22, a distance of 530.00 feet to the point of beginning; Thence, first course: S89º55’51”W, a distance of 449.12 feet; Thence, second course: N00º07’41”W, a distance of 860.00 feet; Thence third course: N89º55’51”E, a distance of 450.00 feet, to a point on the section line common to Sections 21, and 22; Thence, fourth course: S00º04’09”E, along the section line common to Sections 21, and 22, a distance of 860.00 feet, to the point of beginning as attached to the original hereof and that such amendment be filed with the City Finance Office. Dated this 3rd day of March, 2008. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the foregoing resolution was seconded. This Comprehensive Plan Amendment has been discussed by the Future Land Use Committee and the Planning Commission, who have recommended approval. There is no requirement for a Planned Development Designation on this proposed change because of the Light Industrial that exists in the area without a Planned Development. The Rural Reserve is not a zoning, but a Comprehensive Plan Designation that is identified on the Comprehensive Plans and Future Land Use Plans for areas where urban services are not in place. It is intended that the lots would be large lots of forty acres or more. This particular area was identified as such because of floodplain issues in the area. Flood maps have been submitted to FEMA for review and approval. The applicant will have to annex the property into the City limits; and at that time, zonings would be appropriate. The Council could, before approving a rezoning of the property and after annexation, request the applicant to submit those with a Planned Development Designation. The applicant is working with the Future Land Use Committee and would be agreeable to the Planned Development Designation on the 500 foot frontage off Elk Vale Road. The following voted AYE: Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; ABSTAIN: LaCroix; whereupon said resolution was declared duly passed and adopted. The Mayor presented (No. 07CA056), a request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Rural Reserve to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Lot 2R of Beaird Subdivision and the point of beginning, Thence, first course: S74º37’29”E, a distance of 1202.78


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feet; Thence, second course: S31º45’55”E, a distance of 1162.49 feet; Thence, third course: S90º00’00”W, a distance of 439.54 feet; Thence, fourth course: N00º00’00”E, a distance of 428.29 feet; Thence, fifth course: N37º32’29”W, a distance of 394.90 feet; Thence, sixth course: N62º35’52”W, a distance of 1229.50 feet, to the southeasterly corner of Lot 2R of Beaird Subdivision and the point of beginning, located north of Seger Drive and west of Elk Vale Road. Motion was made by Kroeger and seconded to approve. Substitute motion was made by Johnson and seconded to deny without prejudice at the applicant’s request. Motion carried with LaCroix abstaining. The Mayor presented (No. 07CA057), a request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Public to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at section corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, thence N00º02’15”W, a distance of 521.16 feet to the point of beginning, Thence, first course: N00º02’15”W, along the section line common to Sections 20 and 21, a distance of 941.15 feet; Thence, second course: S48º29’18”E, a distance of 331.54 feet; Thence, third course: S83º10’38”E, a distance of 304.61 feet; Thence, fourth course: N88º20’00”E, a distance of 1840.91 feet; Thence, fifth course: N60º21’45”E, a distance of 305.29 feet; Thence, sixth course: N00º00’00”E, a distance of 1256.52 feet; Thence seventh course: N90º00’00”E, a distance of 439.54 feet; Thence eighth course: S31º45’55”E, a distance of 187.71 feet; Thence ninth course: S70º52’51”E, a distance of 832.49 feet; Thence tenth course: S00º00’00”E, a distance of 1709.19 feet; Thence eleventh course: S89º55’51”W, a distance of 3980.51 feet, to a point on the section line common to Sections 20 and 21, and the point of beginning, located north of Seger Drive and west of Elk Vale Road. The following resolution was introduced, read, and Hadcock moved its adoption.

RESOLUTION AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF RAPID CITY

WHEREAS, the Rapid City Planning Commission has reviewed the proposed amendment to the Comprehensive Plan and made a recommendation to the Rapid City Council; and WHEREAS, the Rapid City Council held a public hearing on the 3rd day of March, 2008, at which they considered the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan; and WHEREAS, the proposed Amendment to the Adopted Comprehensive Plan would change the land use designation from Public to Light Industrial, on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at section corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, thence N00º02’15”W, a distance of 521.16 feet to the point of beginning, Thence, first course: N00º02’15”W, along the section line common to Sections 20 and 21, a distance of 941.15 feet; Thence, second course: S48º29’18”E, a distance of 331.54 feet; Thence, third course: S83º10’38”E, a distance of 304.61 feet; Thence, fourth course: N88º20’00”E, a distance of 1840.91 feet; Thence, fifth course: N60º21’45”E, a distance of 305.29 feet; Thence, sixth course: N00º00’00”E, a distance of 1256.52 feet; Thence seventh course: N90º00’00”E, a distance of 439.54 feet; Thence eighth course: S31º45’55”E, a distance of 187.71 feet; Thence ninth course: S70º52’51”E, a distance of 832.49 feet; Thence tenth course: S00º00’00”E, a distance of 1709.19 feet; Thence eleventh


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course: S89º55’51”W, a distance of 3980.51 feet, to a point on the section line common to Sections 20 and 21, and the point of beginning.; and WHEREAS, it appears that good cause exists to amend the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the Comprehensive Plan be amended to change the land use designation from Public to Light Industrial, on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at section corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, thence N00º02’15”W, a distance of 521.16 feet to the point of beginning, Thence, first course: N00º02’15”W, along the section line common to Sections 20 and 21, a distance of 941.15 feet; Thence, second course: S48º29’18”E, a distance of 331.54 feet; Thence, third course: S83º10’38”E, a distance of 304.61 feet; Thence, fourth course: N88º20’00”E, a distance of 1840.91 feet; Thence, fifth course: N60º21’45”E, a distance of 305.29 feet; Thence, sixth course: N00º00’00”E, a distance of 1256.52 feet; Thence seventh course: N90º00’00”E, a distance of 439.54 feet; Thence eighth course: S31º45’55”E, a distance of 187.71 feet; Thence ninth course: S70º52’51”E, a distance of 832.49 feet; Thence tenth course: S00º00’00”E, a distance of 1709.19 feet; Thence eleventh course: S89º55’51”W, a distance of 3980.51 feet, to a point on the section line common to Sections 20 and 21, and the point of beginning. as attached to the original hereof and that such amendment be filed with the City Finance Office. Dated this 3rd day of March, 2008. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL) The motion for the adoption of the foregoing resolution was seconded. The following voted AYE: Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; ABSTAIN: LaCroix; whereupon said resolution was declared duly passed and adopted. The Mayor presented (No. 07CA059), a request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Rural Reserve to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence, N00 04’09”W, a distance of 1390.00 feet to the point of beginning; Thence, first course: S89 55’51”W, a distance of 450.00 feet; Thence, second course: S00 07’41”E, a distance of 860.00 feet; Thence, third course: S89 55’51”W, a distance of 873.79 feet; Thence, fourth course: N00 00’00”E, a distance of 1709.19 feet; Thence, fifth course: S70 52’51”E, a distance of 73.39 feet; Thence, sixth course: S20 31’58”E, a distance of 434.44 feet; Thence seventh course: N89 55’51”E, a distance of 1099.64 feet, to a point on the section line common to sections 21, and 22; Thence eighth course: S00 04’09”E, along the section line common to sections 21 and 22, a distance of 418.04 feet, to the point of beginning, located north of Seger Drive and west of Elk Vale Road. The following resolution was introduced, read, and Hadcock moved its adoption.


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RESOLUTION AMENDING THE COMPREHENSIVE PLAN

OF THE CITY OF RAPID CITY WHEREAS, the Rapid City Planning Commission has reviewed the proposed amendment to the Comprehensive Plan and made a recommendation to the Rapid City Council; and WHEREAS, the Rapid City Council held a public hearing on the 3rd day of March, 2008, at which they considered the recommendation of the Planning Commission and the proposed amendment to the Comprehensive Plan; and WHEREAS, the proposed Amendment to the Comprehensive Plan would change the land use designation from Rural Reserve to Light Industrial, on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence, N00 04’09”W, a distance of 1390.00 feet to the point of beginning; Thence, first course: S89 55’51”W, a distance of 450.00 feet; Thence, second course: S00 07’41”E, a distance of 860.00 feet; Thence, third course: S89 55’51”W, a distance of 873.79 feet; Thence, fourth course: N00 00’00”E, a distance of 1709.19 feet; Thence, fifth course: S70 52’51”E, a distance of 73.39 feet; Thence, sixth course: S20 31’58”E, a distance of 434.44 feet; Thence seventh course: N89 55’51”E, a distance of 1099.64 feet, to a point on the section line common to sections 21, and 22; Thence eighth course: S00 04’09”E, along the section line common to sections 21 and 22, a distance of 418.04 feet, to the point of beginning; and WHEREAS, it appears that good cause exists to amend the Comprehensive Plan. NOW THEREFORE, BE IT RESOLVED, by the City of Rapid City, that the Comprehensive Plan be amended to change the land use designation from Rural Reserve to Light Industrial, on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence, N00 04’09”W, a distance of 1390.00 feet to the point of beginning; Thence, first course: S89 55’51”W, a distance of 450.00 feet; Thence, second course: S00 07’41”E, a distance of 860.00 feet; Thence, third course: S89 55’51”W, a distance of 873.79 feet; Thence, fourth course: N00 00’00”E, a distance of 1709.19 feet; Thence, fifth course: S70 52’51”E, a distance of 73.39 feet; Thence, sixth course: S20 31’58”E, a distance of 434.44 feet; Thence seventh course: N89 55’51”E, a distance of 1099.64 feet, to a point on the section line common to sections 21, and 22; Thence eighth course: S00 04’09”E, along the section line common to sections 21 and 22, a distance of 418.04 feet, to the point of beginning as attached to the original hereof and that such amendment be filed with the City Finance Office. Dated this 3rd day of March, 2008. CITY OF RAPID CITY ATTEST: s/ Alan Hanks, Mayor s/ James F. Preston Finance Officer (SEAL)


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The motion for the adoption of the foregoing resolution was seconded. The following voted AYE: Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; ABSTAIN: LaCroix; whereupon said resolution was declared duly passed and adopted. The Mayor presented (No. 08FV001), a request by Shawn Worland to consider an application for a Fence Height Exception to allow a six foot fence in the front yard setback on 1001 Wambli Drive a portion of Block 6A of Lakota Subdivision No. 2, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1001 Wambli Drive. Motion was made by LaCroix and seconded to approve. Staff recommended denial of the fence height exception because it is not appropriate to have six foot high fences in the front yard. It would give the appearance of an unfriendly neighborhood if all the homes had high fences. It was pointed that the fence was installed in 2005, is six foot high, and is a chain link fence located in the front yard. The applicant approached the Lakota Community Homes Board for permission to install the fence and he also approached the property management and they had no objection to the six foot fence. Motion carried with Weifenbach voting NO. Motion was made by LaCroix and seconded to authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, water, sewer, street light conduit and sidewalk along Spring Canyon Trail as it abuts a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, a portion of Spring Canyon Trail Right-of-way, and a portion of Clarkson Road Right-of-way, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail. Motion carried. (08SV004) The Mayor presented (No. 08SV004), a request by Renner & Associates for Jo and Steve Benn for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along Spring Canyon Trail as per Chapter 16.16 of the Rapid City Municipal Code on Lot 8 of Block 4 of Clarkson Subdivision, located in a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the N1/2 of the SE1/4, a portion of the S1/2 of the NE1/4, a portion of Spring Canyon Trail Right-of-way, and a portion of Clarkson Road Right-of-way, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail. Motion was made by LaCroix and seconded that the Variance be approved with the following stipulation: Prior to City Council approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements. Motion carried. The Mayor presented (No. 08SV005), a request by Fisk Land Surveying & Consulting Engineers for Randy Long for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk, and to reduce the pavement width and right-of-way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 42BR-Revised and 43AR and 43BR of Village on the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 42BR and 43 of Village on the Green No. 2 Subdivision, located in the NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, located adjacent to the north side Mulligan Mile. Motion was made by LaCroix and seconded that the Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way be approved with the stipulation that a note be


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placed on the plat prohibiting on-street parking and that a five foot wide access easement shall be provided along Mulligan Mile as it abuts the property; that the Variance to the Subdivision Regulations to waive the requirement to install sidewalks along both sides of Mulligan Mile be approved with the stipulation that an eight foot wide asphalt walking trail shall be provided along the north side of the northern tier of lots located along the golf course; and, that the Variance to the Subdivision Regulations to reduce the pavement width of Mulligan Mile be denied without prejudice. Motion carried. The Mayor presented (No. 08VR001), a request by Renner & Associates for Jo and Steve Benn for a Vacation of Right-of-Way on a portion of Clarkson Road Right-of-way, located in the S1/2 of the NE1/4 and the N1/2 of the SE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail. Motion was made by LaCroix and seconded to approve the Vacation. The following voted AYE: LaCroix, Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; whereupon motion passed. The Mayor presented (No. 08VR002), a request by Renner & Associates for Jo and Steve Benn for a Vacation of Right-of-Way on a portion of Spring Canyon Trail Right-of-way, located in the S1/2 of the NE1/4 and the N1/2 of the SE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the intersection of Clarkson Road and Spring Canyon Trail. Motion was made by LaCroix and seconded to approve the Vacation. The following voted AYE: LaCroix, Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; whereupon motion passed. The Mayor presented (No. 07RZ058), second reading of Ordinance No. 5328, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Don Jiracek for a Rezoning from Medium Density Residential District to General Commercial District on Lots 1 thru 2 of Block 2 of North Boulevard Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 409 West Boulevard. Notice of hearing was published in the Rapid City Journal on September 8, 2007 and September 15, 2007. Ordinance No. 5328 having had the first reading on September 4, 2007, motion was made by Hadcock and seconded to deny. The following voted AYE: LaCroix, Johnson, Hadcock, Hurlbut, Okrepkie, Chapman, Weifenbach, Olson, Kroeger, and Kooiker; NO: None; whereupon motion passed. BILLS The following bills having been audited, motion was made by Kroeger and seconded to authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment thereof. Motion carried. Payroll Paid Ending 2-29-08, Paid 2-29-08 1,127,496.06 Payroll Paid Ending 2-16-08, Paid 2-22-08 796,840.68 Payroll Paid Ending 2-16-08, Paid 2-22-08 2,969.60 Pioneer Bank, Taxes Paid 2-29-08 277,051.37 Pioneer Bank, Taxes Paid 2-22-08 194,104.59 Pioneer Bank, Taxes Paid 2-22-08 214.65 First Administrators, claims paid 2-19-08 130,722.06 First Administrators, claims paid 2-27-08 32,460.04


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Black Hills Power & Light, electricity 311.58 South Dakota Dept of Revenue, paid sales tax, RPCC 14,282.95 South Dakota Dept of Revenue, paid sales tax 2-21-08 31,922.17 South Dakota Dept of Revenue, paid excise tax 2-21-08 28.11 United States Postmaster, postage 2,700.00 Computer Bill List 2,925,393.99 Subtotal $5,536,497.85 Payroll Paid Ending 2-16-08, Paid 2-22-08 2,814.05 Pioneer Bank, Taxes Paid 2-22-08 198.89 Marlin Leasing, copier lease 4.99 Angie Weeks, mileage 60.00 Wright Express, gasoline 132.98 Total $5,539,708.76 EXECUTIVE SESSION permitted by SDCL 1-25-2 Motion was made by Okrepkie and seconded to go into Executive Session at 9:53 P.M. for the reasons permitted by SDCL 1-25-2. Motion carried. The Council came out of Executive Session at 10:08 P.M. with all members present. STAFF DIRECTION At this time, Council President Chapman assumed the Chair. Motion was made by Olson and seconded to direct the City Attorney’s Office to proceed in the Colonial Motel litigation, in accordance with the discussion in Executive Session. Motion carried. ADJOURN As there was no further business to come before the Council at this time, the meeting adjourned at 10:09 P.M. CITY OF RAPID CITY ATTEST: Mayor Finance Office (SEAL)

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