PROCEEDINGS OF THE CITY COUNCIL Rapid City, South...

PROCEEDINGS OF THE CITY COUNCIL Rapid City, South Dakota

June 2, 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, June 2, 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, Public Works Director Robert Ellis, Fire Chief Mark Rohlfing, Police Chief Steven Allender, and Administrative Coordinator Jackie Gerry. ADOPTION OF AGENDA The following items were added to the agenda:

• Journey Museum, Alderman Okrepkie • Floodplain Development Policy Committee, Alderman Chapman

Motion was made by Chapman, seconded and carried to adopt the agenda as amended. APPROVE MINUTES Motion was made by Okrepkie, seconded and carried to approve the minutes for May 19, 2008. GENERAL PUBLIC COMMENT Billy Mitchell, Rapid City Professional Fire Fighters offered an update on the department’s program entitled Fire Ops 101, that will consist of classroom time and actual scenarios of fire and accident recovery. Jim.Bussell, MDA Coordinator for the Rapid City Professional Fire Fighters extended their appreciation to the Council, Mayor and staff for the support in backing their first, large scale, on-the-street “Fill the Boot” campaign. This event is a 54 year tradition between the members of the International Association of Fire Fighters and MDA. The money raised goes to MDA programs, MDA research, and sending children to MDA Camp. The Rapid City Professional Fire Fighters set a goal of $12,600, and through the three-day program, the Rapid City Professional Fire Fighters were able to raise a total of $42,882. The Rapid City Professional Fire Fighters are able to send every age eligible child in the State of South Dakota to MDA Camp and money left over will do more good things. Bussell also extended the appreciation of the Rapid City Professional Fire Fighters to the community for their generosity. NON-PUBLIC HEARING ITEMS -- Items 1 - 93

CITY COUNCIL JUNE 2, 2008

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Motion was made by Okrepkie, seconded and carried to open public comment on Items 1 – 69. Lila Doud, Director of Mothers Against Drunk Driving (MADD) addressed items 40 (LF051408-08) and 41 (LF051408-09), applauding the law enforcement officers who strive to keep the streets and neighborhoods safe. She suggested that a grant that provides officers to patrol the streets should not be rejected; and urged the Council to reapply for the grant that makes the community a safer place to live. Cindy Crocker, Volunteer for Mothers Against Drunk Driving (MADD) addressed items 40 (LF051408-08) and 41 (LF051408-09), encouraging the Council to reapply for the grant explaining that she is a widow raising two young children because someone driving under the influence made a poor choice that took the life of her husband. Crocker told the members that she tells her story to many to try and impress upon them about how important it is to make the right choices. Mike Gooch, Rapid City addressed 40 (LF051408-08) and 41 (LF051408-09), urging the Council to reapply for the grant. Jean Kessloff, Rapid City addressed item 53 (LF052808-35), explaining that when an alteration changes the style, historic fabric, or essence of a home, the contributing status of a property is considered an adverse impact to a historic district and decreases the 2 to 1 ratio. The ratio required to maintain the boundaries of the district is two contributing properties to one non-contributing property. Kessloff indicated that 912 St. Andrew Street is presently a contributing property; but the proposed changes result in the property being reclassified as non-contributing. She explained that each time a property is reclassified the district comes closer to losing its historic status on the State and National Register of Historic Places. Kessloff outlined options for the members to consider: approve as submitted; require that the alternations maintain its contributing status; or request that the applicant work with the Rapid City Historic Preservation Commission to find a solution to the remodeling. Joel Schwiesow, Rapid City addressed item 53 (LF052808-35), asking that the Council concur with the Legal Finance Committee recommendation. Motion was made by Okrepkie, seconded and carried to close public comment on Items 1 – 69. CONSENT ITEMS – Items 1 - 69 The following items were removed from the Consent Items: 32. No. LF052808-01 – Deny request for payment in the sum of $4,944 from the Minnilusa Historical Association 33. No. LF052808-02 – Approve Travel Request for Mayor Alan Hanks, Tom Johnson, Ron Weifenbach, Deb Hadcock, Karen Olson, Bill Okrepkie, Lloyd LaCroix, and Ron Kroeger to attend NLC – Thinking & Acting Strategically in Local Government in Rapid City, SD, June 29-July 1, 2008, in the approximate amount of $2,360 36. Approve allocation of $10,000 from 8913 – Miscellaneous Improvements (Streets, Drainage, and MIP Projects) for acquisition of land located on the Southeast Corner of Omaha and Fifth Street (Wolff’s Bargain Den) 40. No. LF051408-08 – Authorize staff to apply for Highway Safety Grant for DUI Enforcement Program 41. No. LF051408-09 – Authorize staff to apply for Highway Safety Grant for Overtime and Equipment


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48. No. LF052808-30 – Authorize Mayor and Finance Office to sign the Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Lots 1A, 3A, 24 and 25 all in Minnesota Ridge Subdivision, Phase 4B 53. No. LF052808-35 - Find that all feasible and prudent alternatives to the house remodel and garage addition at 912 St. Andrew Street have been pursued and that all possible planning to minimize harm to the historic property has taken place 67. No. 08PL054 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Mall Drive Subdivision, and Lots 1A and 1B of Interstate 90 Heartland Business Park, formerly a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Block 6 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Mall Drive and Dakota Craft Drive. 68. No. 08PL060 - A request by Hadcock Construction, Inc. for Allan L. and Leah J. Dewald for a Layout Plat on Lot B of Dewald's Subdivision, formerly a portion of the SW1/4 NE1/4 NW1/4 and a portion of the W1/2 NW1/4 of Section 13, T1N, R6E, BHM, Pennington County, South Dakota, legally described as a portion of the SW1/4 NE1/4 NW1/4 and a portion of the W1/2 NW1/4 of Section 13, T1N, R6E, BHM, Pennington County, South Dakota, located north of the terminus of Nameless Cave Road and northeast of Cavern Road. 69. No. 08PL062 - A request by Sperlich Consulting, Inc. for Orthopedic Building Partnership for a Preliminary Plat on Lots 1R, 5R and 6 of Old Rodeo Subdivision, formerly Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 7220 South Highway 16 and 7111 Jordan Drive. Motion was made by Chapman, seconded and carried to approve the following items as they appear on the Consent Items. Alcoholic Beverage License Applications Set for Hearing (June 16, 2008) 1. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for

an event scheduled July 8, 2008 in the 7TH Street public right-of-way between Main Street and Saint Joseph Street and Art Alley

2. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled August 12, 2008 at Great Western Bank, 14 Saint Joseph Street

3. Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled August 21, 2008 at Western Mailers, 224 East Saint Joseph Street

4. Cortez, LLC dba Alex Johnson Hotel, 523 Sixth Street for a Retail (On-Sale) Liquor License, Sunday on-sale TRANSFER from Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street


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5. Cortez, LLC dba Alex Johnson Hotel, 523 Sixth Street for a Retail (On-Off Sale) Malt Beverage License, NO Video Lottery TRANSFER from Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street

6. Cortez, LLC dba Alex Johnson Hotel, 523 Sixth Street for a Package (Off-Sale) Liquor License TRANSFER from Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street

2008 – 2009 Retail (On-Off Sale) Malt Beverage License with Video Lottery 7. Dave & Linda Handley dba Hot Spot Casino, 420 E. St. Patrick, Ste. 107 for Retail (On-

Off Sale) Malt Beverage License with Video Lottery 8. B S Corp., Inc. dba Casa Re-al, 2315 1 / 2 Mt. Rushmore Road for Retail (On-Off Sale)

Malt Beverage License with Video Lottery 9. Poker Joe’s, Inc. dba Poker Joe’s, 211 Cambell Street for Retail (On-Off Sale) Malt

Beverage License with Video Lottery 10. Western Dakota Gaming, Inc. dba Valley Sports Casino, 1865 South Valley Drive for

Retail (On-Off Sale) Malt Beverage License with Video Lottery 2008 – 2009 Retail (On-Off Sale) Malt Beverage License NOT ELIGIBLE Video Lottery 11. CEC Entertainment, Inc. dba Chuck E Cheese’s, 30 Knollwood Drive for Retail (On-Off

Sale) Malt Beverage License NO Video Lottery 12. NPC International, Inc. dba Pizza Hut No. 2776, 2604 West Main Street for Retail (On-Off

Sale) Malt Beverage License NO Video Lottery 13. NPC International, Inc. dba Pizza Hut No. 2777, 2005 Mt. Rushmore Road for Retail (On-

Off Sale) Malt Beverage License NO Video Lottery 14. Rapid City Softball Association dba Star of the West Complex, 1511 Sedivy Lane for

Retail (On-Off Sale) Malt Beverage License NO Video Lottery 2008 – 2009 Package (Off Sale) Malt Beverage License 15. B & L, Inc. dba Boyd’s Liquor Mart, 909 E. St. Patrick Street for Package (Off Sale) Malt

Beverage License 16. B & L, Inc. dba Boyd’s Liquor Mart, 2001 West Main Street for Package (Off Sale) Malt

Beverage License 17. Cigarette Chain, Inc. dba Cigarette Chain, 1903 North Maple Avenue for Package (Off

Sale) Malt Beverage License 18. Safeway Stores 46, Inc. dba Safeway No. 581, 2120 Mt. Rushmore Road for Package

(Off Sale) Malt Beverage License 19. Wal-Mart Stores, Inc. dba Wal-Mart Super Center, 1200 N. LaCrosse Street for Package

(Off Sale) Malt Beverage License Public Works Committee Consent Items 20. No. PW052708-11 - Acknowledge report on Civic Center traffic, parking, and

handicapped access management issues 21. No. PW040108-07 – Approve moving forward with the Robbinsdale Park sidewalks plan 22. No. PW052708-01 – Approve Change Order No. 1F for Meadowbrook Golf Course

Bridge Repair Project No. PR07-1674 to Heavy Constructors, Inc. for an increase of $1,356.95


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23. No. PW052708-02 – Authorize staff to advertise for bids for Elk Vale Road Sanitary Trunk Sewer Extension Project No. SS07-1658 / CIP No. 50686

24. No. PW052708-03 - Authorize staff to advertise for bids for Elk Vale Low Level Reservoir Project No. W07-1638 / CIP No. 50321; funding source is $1.5 Million from the Water Enterprise Fund with the balance from the .16 Utility Fund Oversight

25. No. PW052708-04 – Authorize Mayor and Finance Officer to sign an Agreement with American Technical Services, Inc. for Roosevelt Park Improvement Project No. PR07-1680 / CIP No. 50092 to perform material testing and inspection of soils and concrete for an amount not to exceed $2,740.00

26. No. PW052708-05 - Authorize Mayor and Finance Officer to sign an Agreement with American Technical Services, Inc. for Canyon Lake Drive Maintenance Building Project No. GB08-1714 / CIP No. 50092 to perform material testing and inspection on maintenance shop for an amount not to exceed $5,174.00

27. No. PW052708-06 – Authorize staff to seek proposals for engineering services for a Motor Control Center at the Water Reclamation Facility Project No. WRF08-1732 / CIP No. 50730

28. No. PW052708-07 - Authorize lowering the percentage of work that the General Contractor must perform from 50% to 30% for the Elk Vale Low Level Reservoir Project No. W07 – 1638 / CIP No. 50321 by modifying paragraph 7.40 of Section 7 - General Conditions of the City of Rapid City Standard Specifications for Public Works Construction, 2007 Edition for the Elk Vale Low Level Reservoir project only

29. No. PW052708-08 - Accept donation of Lot 2 of WREA subdivision from West River Electric Association, Inc. for construction of Elk Vale Road Sanitary Trunk Sewer Extension, Project No. SS07-1658

30. No. PW052708-09 – Approve a request for authorization for repairs of No.1 Centrifuge at the Water Reclamation Facility for an estimated cost of repair of $53,325, plus shipping

31. No. 08EX049 – Approve a request by Richard Crist to consider an exception to allow a circular driveway which will provide two driveways to one residence on Lot 17, Enchanted Hills Subdivision #2, Section 23, T1N, R7E, BHM, Pennington County, South Dakota. (File# 08UR003)

Legal & Finance Committee Consent Items 34. No. LF052808-03 - Acknowledge Capital Improvements Program Committee Monthly

update for May, 2008 35. No. LF052808-04 – Approve the Capital Plan for Streets, Drainage, and MIP Projects for

May, 2008 37. No. LF052808-05 – Approve Event Permit for Alex Johnson Hotel for Motorcycle Parking

on Sixth Street between Main and St. Joe August 2-8, 2008 38. No. LF052808-06 – Approve Event Permit for Alex Johnson Hotel/Rapid City Downtown

Association for July 8, 2008, from 5:30 p.m. to 7:30 p.m. 39. No. LF052808-07 – Approve Travel Request for a Police Officer to attend training for a

new canine handler of a police dog in Fort Collins, CO, June 22-July 18, 2008, in the amount of $3,620

42. No. LF052808-10 – Approve Resolution Writing Off Uncollectible Ambulance Billing Accounts

RESOLUTION WRITING OFF UNCOLLECTIBLE AMBULANCE BILLING ACCOUNTS


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WHEREAS, The City Finance Office has determined that certain ambulance billing accounts, shown on Appendix A, attached, and totaling $65,706.67 are uncollectible; and WHEREAS, it is necessary to relieve the amounts receivable of the City of Rapid City for these accounts. NOW, THEREFORE BE IT RESOLVED, by the City of Rapid City, that the City Finance Officer be directed to remove such accounts from the active receivable of the City, said accounts being detailed in the official files of the City Finance Office. Dated this 2nd day of June, 2008. CITY OF RAPID CITY ATTEST: s/ Alan Hanks s/ James F. Preston Finance Officer (SEAL)

43. No. LF052808-11 – Approve Travel Request for Greta Chapman to attend American Library Association Annual Conference in Anaheim, CA, June 26-July 5, 2008, in the approximate amount of $1,880.04

44. No. LF052808-12 - Authorize Mayor and Finance Officer to sign the Allocation Award between the State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission Project Number SD-08-16 in the Amount of $26,275.00

45. No. LF052808-14 – Authorize staff to prepare agreements and deeds as well as submit the SDCL 11-6-19 Review Application for the exchange of additional right-of-way for US16B (East Catron Boulevard) for the property at the Southeast Corner of Omaha Street and 5th Street (Former Wolfe's Bargain Den) with the South Dakota Department of Transportation

46. No. LF052808-28 – Authorize Mayor and Finance Office to sign the Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Lots 44 and 48 all in Minnesota Ridge Subdivision, Phase 2

47. No. LF052808-29 – Authorize Mayor and Finance Office to sign the Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Lots 38 and 39 all in Minnesota Ridge Subdivision, Phase 3

49. No. LF052808-31 – Authorize Mayor and Finance Office to sign the Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Minnesota Ridge Subdivision, Lots 9A And 9B of Robbinsdale Addition No. 10

50. No. LF052808-32 – Authorize Mayor and Finance Officer to sign the Agreement Between The City of Rapid City and Kensington Heights, LLC to Allow for Acceptance of Public Improvements Before the Completion of Sidewalks for Lots 8 and 9 of Block 1 and Lot 1 of Block 3 all in Kensington Heights Subdivision, Phase I

51. No. LF052808-33 – Authorize Mayor and Finance Officer to Sign the Agreement Between The City of Rapid City and Kensington Heights, LLC to Allow for Acceptance of Public


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Improvements Before the Completion of Sidewalks for Lots 7, 8, 9 and 19 of Block 2 and Lot 15 of Block 1 all in Kensington Heights Subdivision, Phase II

52. No. LF052808-34 – Authorize Mayor and Finance Officer to Sign the Agreement Between The City of Rapid City and Kensington Heights, LLC to Allow for Acceptance of Public Improvements Before the Completion of Sidewalks for Lots 18 and 19 of Block 1 and Lots 6, 9, 10 and 11 of Block 3 all in Kensington Heights Subdivision, Phase III

54. Acknowledge the following volunteers for workmen’s compensation purposes: Stevens High School Students: Dave Caneo, Hayley Smith, Justin Ladenburger, Tracy Godbe, Amelia Ford, Jenna Olson, Billy Dawes, Amber Vedilago, Taylor Neisen, Felicia Reimann, Heather Young, Stacie Brincie, Arlen Hatten, Heidi Hansen, Kaitlyn Wright, Kolton Emery, Ryan Sturzenbecher, Nick Burgess, Taylor Anderson, Paige Moser, Katy Jenisch, Andrew Pribyl, Michelle Krynski, Tyler Niederwerder, Chris Easton, Mariah Koehne, Frankie Russett, Karen Balsley, Tory Fleischhacker, Brian Gilbert, David Maxey, Brenna Saunders, Tanner Feuster, Drew Klonder, Jason Friedrich, Ryan Jensen, Brooke Dilley, Alex Ames, C. Thatcher, Taylor Den Harton, Darian McDonald, Samara Taylor, Taylor Reber, Steven Gilbert, Alisha Schram, Jordan Cailli, Alex Schone, Ben Schreves, Daryll Crarnoyer, Alex Keller, Melissa Smith, Cassie Bellson, Bre Hilt, Trista, Miles Penticoff, Emilie Hamilton, Cassie Richertsen, Elizabeth Mentele, Jessie Sewell, Zach Wevik, Brandon Hoffman, Matt Lewis, Zach Spreizer, Emily Wilson, Sami Simon, Ashleigh Wilson, Alonna Fry, Teresa Aldrich, Aaron Odegaard, Brooke Garner, Karah Odegaard, Liz Cavanaugh, Allie Reynolds, Alisa Lekness, Courtni Jones, Andrew Hildebrant, Jason Rave, Taryn Arbuler, Jenny Ghent, Brianna Flynn, Billy Boughton, Bobby James, Hannah Baker, Jamie Scholl, Abi Day, Melissa Salvino, Tanner Daly, Shanelle Nelson, Natalie Joyce, Tanner Sprague, Beckie Cole, Cassie Moore, Celarisa Bangerter, Allyx Deneke, Megan Anderson, Wesley Quigley, Divondra Floyd, Alex Pappel, Mercedes Wellendorf, James Rattlingsleap, Dillon Beach, Chase Tigner, Kayla Aust, Joshua Scharf, Travis Haibeck, Zach Hendricks, Nick Janssen, Robert Vilhauer, Tiffany Mansfield, Sharral Marrowbone, Justin Cournoyer, Darrel Puckett, Waylon Uhre, John Phelps, Kory Dale, Michael Collins, Tim Beck, Michael Cross, Will Hockins, Derek Lankford, Kayden Huper, cody Arnold, Neco Biou, Kevin Ficken, Caleb Stanley, Garrett Pefrik, Corey Hurtig, Ryan Rabe, Shane M., Read Rice, Travis Eagle, Tim Schestay, Annie Anderson, Tanner Loen, Jacob Laird, Matt Holland, Jordan Sheesley, Taylor Gust, Jessica Pei, Trendor Anderson, Alec Horan, Larry Theberge, Bryan Wagner, Jasmine Maclin, Paigi McCarrick, Kendra Norwood, Katy Hazeltine, Ashley Neish, Priscila Kinoshita, Miranda Scmitt, Stephany Bennett, Dakota Moore, Dien Idding, Conner Ruhyan, Zack Horsley, Kelly Gillan, Clint Lupi, Adam Miyer, Amber Deilago, Zach Smith, Daryle Courmoyer, Jackie Ewellyn, Jennifer Hendricksen, Chataie clark, Alyson Perrett, Erin Jennings, Cleone Thatcher, Emma Hamby, Brittney Kerr, Aiden Cratty, Cory Fairmen, Chris Wells, Josh Aguillera, Corben Mudlin, Julius Bertrand, Easton Mercy, Sarah Jundt, Kyle Forelick, Hannah Ceremuga, Katie Anderson, Alison Benett, Kylee Davis, Athena Anderson, Shayna Hack, Claire Smiarowski, Lacey Geary, Austin Jonchim, Morgan Russell, Brodie Moore, Ashley Neish, Paul Dickson, Kyle Duntee, Meghan Goulding, Bryce Edlund, Myla Walker, Amber Brant, maria Crisman, Ethan Culey, Kelly Keehan, Kristi Blackler, Sarah Larimer, Kylie Knight, Frank Kulesza, Kayla Magnusnon, Cooper Fitchner, Tori Smolarek, Bailey Schroeder, Scott Schipke, Katelynn Meisner, Barry Vargo, Caleb Kadrmas, Jarrett Jensen, Alannah Hawks, Frank C. Ruleszen, Ryan Rabe, Tanner Schmitt, Katy Hazeltine, Chris Dell, Katie Hilton, April Magnuson, Robin Yang, Dyllan Harrington, Morico Cullen, Sophie Schwandt, Renee Aadland, Jaime Brandsted, Kristina Hague, Aaron Velosquez, Ty Bruce, Jordan Olson,


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Garrett Petrik, Ruby Yang, Daniel Thyren, Nathan Peter, Tess Malott, Kylee Davis, Jess Frease, Allison Puckett, Hannah Ceremuga, Jose Arenas, Caleb Ahrenstorff, Jordan Cailliel, carly Borr, Casey Johnson, Kevin Ficken, Kyler Huber, Alex Ferdinand, Alec Swanson, Kendra Werdin, Emily Johnson, Keley Madrin, Shala Seely, Dani Sheely, Kristina Stebly, Kia Hardy, Calab Allard, Jose Luras, Kamo Mako, Dave Cuneo, Sarah Jamklar, Joey LaFleur, Arica Hibbeling, Heidi Hollan, Jessica Weinhouse, Brock Estes, Dan Rausch, Megan Vink, Joanna Orr, Jessica Long, Kristen Hamby, Chris Robinson, Brady Derdraup, Angela Izzillo, Paul Miller, Taylor Crawford, Dane Schroeder, Kory Dale, Kyles Hubes, Nathan Horsley, Jared Roehrich, Raelynn Coldwell, Jordan Lanird, Susan Harling, Ben Shreves, Jesse LaFrambdise, Trenton Mevon, Ryan Granberg, Denton Stephens, Allyson Poston, Zack Hendricks, Tamer Hoffman, Steven Caibert, Ben Hansen, Teresa Aldvich, Alonna Fry, Bria Gilbert, Tim Heard, Michael Maliske, August Gafich, Brandon Raford, Cody Oetego, Hayden Fulsen, tanner Feuster, Cadden Burgess, Cameron Edwards-Halvorsen, Blake Wilbett, Caleb Allord, Kyle Chapman, Sarah Janklau, Dylan Tusbaugh, J.R. Banham, Andrew Romboldt, Travis Mohler, Nick Caswell, Matt Lewis, Robert Villhaua, Zach Anderson, Tyler Scoville, Sawyer Solonrock, Allen Wellman, Kasey Kasernan, Nate Scull, Joe Dressler, Justin Courmoyer, Blaine Leftwich, Josh Bocbany, Seth McReynolds, Chris Dell, Andrew Warren, Dru Davis, Todd Erman, Tim Glidden, Tracy Bengaman, Tim Jackson, Alec Dykeman, Lee Putnan, Jared Nooney, Jared Anderson, David McKehrney, Cain Dahlberg, Casie Stockman, Bekan Holtz, Alissa Amende, Megan Sturzenbeeher, Tyler Satterwhite, Taylor Anderson, Cody Ficken, Wesley Quigley, Allyx Deneke, Summer Whillock, Lexi Chleborad, Emily Wilson, Ariel Walker, Amanda Geersen, Taylor Reber, Liz Wallis, Olivia Derrek, Kala Kaseman, Bobby Podowski, Nick Rowlette, Matt Wedebind, Cirsten Fichter, Thomas Vedilago, Alex Swier, Cody Troutman, Steve Smith, Larry Elwess, Richelle Lewis, Alisha Lloyd, Rebecca Green, Tatum LeBeau, Demi Glorich, Stephanie Arthow, Alex Swier, Jenny Sayles, Logan LaFleur, Thane Lees, Jared Roe. Canyon Lake Senior Center: Ron Roland, Millie Roland, Dave Linde, Marilyn Borgeson, Cliff Coleman, Gordon Scofield, Laura Abrams. Boy Scouts Troop 4: Michael Penwell, Faron Penwell, Dalton Penwell, Griffin Wingler, Brenden Oppelt, Dan Arnio, Hazel Rogers, Tim Bunce, Cody Guerrero, Lori Brey, Tallon Brey, Travis Larson, Jade Larson. Northrop Grumman: Kate Hagan, Paul Berglund, Joseph Birgen. Suspended Sentence Car Club: Billy Woldner, Brian Miller, Jason Pratt, Ryan Pordie, Kimberly Pordie, Tyler Farmer, Christian Hober, Tom Richmond. EAFB Leadership Class: Zakary Hunter, Jennifer Arroyo, Angella Sutton, Martin Chmelik, Casey Boland, Chris Leon-Guerrero, Kyle Gibson, Anthony White, Brian Kuykendall, Candace Thomas, John Bookout, William Bracy, Christopher Whitfield, Scott Causey, Mark Englert, Leon Howard, Daniel Hogue, Jeremy Chestnut, Clay Corleu, Krystl Rumen, Ron Studer, Chris Smith, Alexander Alston, Maurice Williams, Crystal Leng, Justin Glover, Paul Telen, Andre Penn. Knights of Columbus Blessed Sacrament: James Kramer, Don Schuldt, Joe Izzillo, James Nestor, Richard Falk, Duane Day, Frank Matejcik, Lyle Hendrickson. Sam’s Club/PSP Group: Linda Teal, Robin Caswell. Black Hills Workshop: Mike Turner, Eugene LeRoy, Darcy Peterson, Al Weber, Tina Boschee, Richard LeCroix, Waylan Larnie, Annette Featherman, Mark Samuelson, Lori Valandra, Rich Maxwell, Jimi Obretenci, Rogene Maxwell, Kaleb Valandra. Cub Scout Troop 7: Richard McGillick, Matthew McGillick, Paul Granels, Ralph Grahek, Greg Josten, Andrew Josten, Michael Josten, Michael Hanson, Drew Barnes, Wiley Barnes, Jim Sears, Tim Sears, Nathan Carlin, Mason Kanp, Gene Fisher, Jacob Fisher, Chrissy Fisher, Pat Bosson, Mark Elder, Gib Elder, Lizzy Elder. 7th Day Adventist Elementary School: Nora Kertzman, Debra Darnall, Britney, Kenzie,


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Shannon, Craig, Cory, Audie, Tom Richmond, Jezic, Marcus, Hannah, Cole, Neve, Braedy, Daya, Rhiannon. Venture Scouts: Janet Keegan, Meghan Keegan. Boy Scout Troop 55: Karen Dringman, Derrick Dringman, Andrew Jones, Clark Jones, Cory Petersen, John Petersen, Zach Larson, Ken Olson, Thor Olson, Johny Reishus, Kathy Reishus. Rapid City Youth Soccer League Destiny Team: Hannah Hearn, Kelly Hearn, Jim Hearn, Dan Davis, Emily Herrera, Jan Herrera, Amanda Fritz, Donna Larson, Kip Larson, Reagan Larson, Colette Christensen. Girls, Inc.: Delraya Bissonette, Valentina Brown, Sheila Comstock, Addison Hallgren, Haley Goodhart, Kalisha Wright, Ashlyn Moore, Marcades Reed, Athena Reed, Shay Jiron, Bailey Leonard, Thomasena Galvan, Kristin Huether, Jaden Rasch, Kate Swallow, Carrie Robley, Bevn O’Grady. Girl Scout Troop 74314: Bobbie Battest, Anna Battest, Chris Brown, Katie Brown, Julie Erickson, Kyle Erickson, Tate Erickson, Haley Erickson, Gabrielle Carter, Janet Carter, Todd Ennen, Denise McCormick, Jini McCormick, Kaleah Evans, Rachel McCormick, Jacob McCormick, Kira Ennen, Diana Koehn. Rapid City Regional Hospital WINGS Group: Tom Berg, Renee Brand, Janet Stewart, Lori Lewis. Boy Scout Troop 72. 9th Grade Academy: Dakota Staramy, Jason Snearer, Ryeson Quam, Joe Eich, Marteena Hultgren, Kory Kap Censtein, Adam H., Katie Adams, Dave Brockie, Kendall Comfert, Rebecca Brady, Taegen B., Brandon Golby, Melissa Talbot, Tyler T., Clair Bear Saverlive, Kersten Blake, Kelsey Dunn, Katy Taylor, Bill Nash, Tanner Spilde, Jessica Bennefond, Drew Brown, Winona Raney, Roxie VanBoening, John Stanley, Sara Kaye, Lane Stoff, Chris Lunsford, Brad Eite, Tanner Nelson, Tyler Yanif, Knox Puetz, Becky Uecker, Samantha Novak, Ryan Anderson, Sheere Clifford, Nick K., Will Payer. Liberty Baptist Tabernacle: Paul Baran, James Clayton, Steve Colton, Larry Brock, Chuck Palmer, Sadie Palmer, Ryan Palmer, Zeb Palmer, Doug Pietersma, Tifara Pietersma. Boy Scout Troop 131: Ron Nordeu, Zach Lewis, Dan Shank, Rich Amiotte, Brenden Amiotte, McCain Moulton, Pam Hollibaugh, Nolan Hollibaugh, Mike Keller, Richard Keller, Brent Nelson, Ryan Nelson, Robbie Nelson, Krey Warshaw, Trent Olson. Boy Scout Troop 1187: Kenny Moose, Ben Haskell, Daniel George, Dennis Sutterer, Will Sutterer, Nathaniel Brown, Seth Eisengraun, Josh Moore, Brenten Haskell, Hunter Jackson, Jacob Boyer, Cody Boyer, Mike Sutterer, K. Jackson, Alec Schieckoff, Josh Moore, Coby Hettich, William Smith, Matthew Sutterer, Fred Schieckoff. Target: Shannan Bitz, Sidney Bitz, Shelly Unigga, Rita Hanson, Darlene Smith, Jenna Katz, Matt Stewart, Marty Cavanaugh, Coleen Wagner, Taylor Wagner, Karla Schutz, Taylan Schutz, Kayla Schutz, Judian Schutz, Allison Huffmon, Christian Huffmon. Rushmore Lions: Lyle Freimark, Gary Johnson, Jim Kunz, Roger Kritenbrink, Chuck Albright, Zack Word, Rudy Rudel, Harold Loffelmacher, Dick Wupper, Bob Audette, Dennis Luce, Galen Jones, Curt Anderson, Bill Carey, Robert Franson. Milwaukee Neighborhood Watch: Lee Dennison, Brad Dennison, Lauren Erickson, Ernie Ralhoff, Geri Hutchins, Winston Hutchins, Michael Gerlock, Lori Gerlock, Logan Gerlock, Delores Cooper, Richard Cooper, Mya Gerlock, Tony Morgan, Kandace Muth, Dorothy Harr. Jefferson Academy: Josiah Herman, Adam Coutume, Corey Scheerer, Kylie Ramsdell, Taylor Swan, Brad Cordes, Zack Telefsky, Bethany Bockwoldt, Daniel Kihegan, Tessa Johnson, Samatha Fiegar, Mandi Wood, Hope Rosales, Janet Lopez, Tawnya Hendricks, Trevor Waldmann, Tom Odegaard, Amy Munoz, Michael Rostad, Anthony Rodriguez, Shana Siers, Aaron Rosse, Waylon Uhre, Codi Clive, Barbara Green, Elissa Hamilton-Alexander, Tanner Geldert, Melinda Keefe, Samantha Herberg, Jesse Brown, Cameron Rose, Jessa Rowland, Cory Jones, Guenther Eichler, Nylan Winter, Johnny Dalton, Jeremy Young, Teagle Y., Kyle Lange, Allen Leland, Cedric LeClaire, Dallas, Cody Pete, Justin Wikos, Josh Kunde, Seth Fernon, Tiffany Oper, Broddum Adams, Kyle Armstrong, Chad


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Jacobson, Josh Marua, Collin Anderson, Miranda Bridges, Marlye Miner, Nick Rataski, Ashleigh Shaw, Kelsey Peterson, Brittany Feuerhelm, Aaron Rosse, John Shaw Jr., Kolby King, Kyle Sawer, Kelsey McGriff, Jamie Bonrud, Christina Luera, Jevin Buckle, Drew Pearson, Brittany Keifer, Kelli Salberg, Sheyla Lima, Trevor Field, Brandon Johnson, Cassie Nelin, Aimee Nonnast

55. No. LF052808-15 – Approve Resolution Declaring Property Surplus

RESOLUTION DECLARING PROPERTY SURPLUS WHEREAS the below-described property is no longer necessary, useful or suitable for municipal purposes NOW, THEREFORE, BE IT RESOLVED that the following property be declared surplus and disposed of according to state statutes, including disposal, sale or trade-in on new equipment: Growth Management Belkin Battery Backup 550VA Gateway 2000 speakers Parks Morrison Service body tool box Craftsman table saw Golf Course Metal desk Eureka vacuum Panasonic pin feed printer Slazenger glove display 3 framed golf pictures Small metal box Casio cash register 2 antique crocket sets Sharp typewriter Cambridge computer speakers Fax machine Brother typewriter Computer desk chair Foot joy large apparel display 3 small wicker shelving units Foot joy glove display 15700 gateway computer Wood display case 5 hanging plastic green plants Wood shelf with coat hooks Westbend 36 cup coffee maker


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2 star receipt printers Jetdirect 170x modem copy server Gateway keyboard Jacobsen 3810 mower S/N: 67760-1701 Misc. parts for above mower Jacobsen C318 mower 42” cut S/|N: 66130-2651 Wastewater Iomega zip drive S/N: RBFJ0493AE HP OfficeJet 7210 S/N: MY522C7129 Panasonic KX-P2023 S/N: 9KEBVF55499 Printer cart Gateway CPU S/N: 0011528625 Inv #15532 Gateway CPU S/N: 0016709137 Inv #15679 Gateway keyboard S/N: B905675 Motorola 2 channel base radio w/mike & sprinkler S/N: 9404834 Commnet car phone S/N: 9A1.M65329048 Commnet car phone S/N: GVC (6) HP DeskJet 895 cxi S/N: MY8C9190MH Inv #18650 HP DeskJet 970cxi S/N: MY07N181N7 Under the desk mount keyboard tray Gateway FPD1530 flat screen monitor S/N: MUL5016E0023735 Hach DR/2000 Spectrophotometer S/N: 920300017972 Inv #12905 YSI Model 55 Handheld Dissolved Oxygen System S/N: 96H1181AD Inv #18110 Broyhill trailer mounted weed sprayer S/N: A0050362 Texaco Meropa 220 gearbox S/N: B10141408900-01 Texaco Meropa 220 gearbox S/N: B10141408900-02 Texaco Meropa 220 gearbox S/N: B10141408900-03 Texaco Meropa 220 gearbox S/N: B10141408900-04 American sterilizer S/N: 165MAC434J Hach portable D.O. meter S/N: 600 Chloride emergency light S/N: 0449 Proten air meter Bausch & Lomb spectronic 20 S/N: 2302 Issco model 2440 flow meter S/N: 06276-014 Printer stand 2 each printer carts Multitech phone modem S/N: 10708239 Toshiba Strata Vle phone system S/N: 25165 284 International Farm tractor S/N: 2020001J011379 Inv#16204 1978 Ford F-600 Snow plow/sander VIN: B60CVEJ2304 Inv #1577 Attorney’s Office Gateway computer w/15” monitor, keyboard and speakers, System #S6093 Gateway computer w/15” monitor, keyboard and speakers, System #S6095 Police


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RCA 13” Television model E13155WN S/N: 224755086 Hitachi 13” Television model CT1347 S/N: S4K003944 w/remote 2) each Panasonic top-loading VHS videotape recorder Panasonic Broadcast model NV-A500 professional VHS editing controller JVC Broadcast charger/power supply model AA-P47U S/N: 16711340 JVC 12-volt Production monitor model TM-22U S/N: 7305134 Assorted video cables 1 box of 3,000 VHS labels Bogen aluminum heavy duty Video tripod model 3068 w/model 3066 fluid head 1 box pegboard hooks 1 box 16mm Emergency Preparedness Movies Bell & Howell Filmosound 16mm film projector model 1550 mag. sound S/N: 2168070 Olympus Pearlcorder S950 microcassette recorder S/N: 726908PLP 2) each Argos 16 ohm small tower PA speakers Model SD-1065 (NOT hi-fi) Buolk Magnaraser reel tape eraser 110v Various Computer Towers – hard drives have been removed Gateway ATXSTFELPE3600PC S/N: 0026342500 MSI/AMD 6) each Built in House AOC 7VLR S/N: AGR83345130 2) each Hansol H750B17DF S/N: N0336002229 & N0336000814 KDS VS-7ES/N: 0892204960 Gateway ATXSTFMNTE4600 S/N: 0022654938 Gateway ATXSTFMNTE4600 S/N: 0022654937 Gateway ATXSTFMNTE4600 S/N: 0022654936 HP GRLYB0306 S/N: CN389523RF HP DJ660A#ABA S/N: U5U32405XM Compaq S/N: 2H02DCT6EBGY HP Color LaserJet 4500N S/N: JPHCD05573 HP LaserJet 2200DN S/N: JPQGB59552 Lexmark 5021-010 S/N: 5802509 KDS KD-1732 S/N: 1292045679 AOC 7VIRA S/N: ACJ084616330 AOC 7VIRA S/N: ACJ084616563 HP C6429A S/N: SG97DIVOY9 HP C5871A S/N: MX8A8ITIQC Panasonic CF-27 Laptop S/N: 9IK5A05961 Panasonic CF-27 Laptop S/N: 9IKSA06019 Panasonic CF-27 Laptop S/N: 9IKSA06122 Panasonic CF-27 Laptop S/N: 9IKSA06142 Panasonic CF-27 Laptop S/N: 9IKSA03022 HP S/N: JPBEO47341 Okidata Printer GE7000A S/N: 809B2253201 CTX PV510 S/N: 01122200728 Panasonic CF-27 Laptop S/N: 1HKYA06570 Panasonic CF-27 Laptop S/N: 1HKYA06506 HP LaserJet 4 C2037A S/N: JPFJ001521 Gateway 15” flat panel monitor FDP1520 S/N: LIC15271812


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14) each 16” tires, various brands and tread 13) each 15” tires, various brands and tread Push bumper for a Ford Excursion 7) each 16” Ford steel rims Vector light bar 2) each Raytheon Protect IR, infra red device 15) each Roll cage/prisoner partitions Prisoner cage for a Ford Excursion 6) each Polaroid Spectra cameras Polaroid close-up lens 2 pack of Polaroid 669 film 2) each Polaroid Spectra duplicators 10) each camera case dividers & neck straps Public Works/Engineering Panasonic KX-P2023 printer S/N: 5ETBVI19645 Gateway G9900 keyboard S/N: J852800 Keyboard 2196003-XX-XXX S/N: 50480949 Intel mouse S/N: 1085035 Gateway Pentium III computer w/monitor, keyboard & CD S/N: 0021072351, #S0491 Gateway Pentium III computer w/monitor, keyboard & CD S/N: 0011528615, #S0340 Gateway Pentium III computer w/monitor, keyboard & CD S/N: 0011528591, #S0334 Gateway Pentium computer w/keyboard & CD S/N: 0019342168, #S0468 2) each mouse 1992 GMC pickup VIN: 1GCFC24K5F2217638 1993 Chevrolet pickup VIN: 1GTDM1524NB538019 GBC Binding machine S/N: NEQ7039 Panasonic VHS model AG-1320P S/N: J7KN05913 Panasonic KX-P2180 printer S/N: 3JKBMI20060, Inv 19832 Lanier Dictaphone model P-140 S/N: 1946691, Inv 7535 Computer speaker model GCS100 S/N: CHW0103043 Miscellaneous office supplies Wooden stool 2) each Palms Tape recorder Library 1989 Chevrolet pickup VIN: 1GCCT19Z9K2209000 Finance Gateway CPU GP6-350 S/N: 0011528582, Inv 15555, System #S0376 Gateway CPU GP6-400c S?N: 0015811163, Inv 15628, System #S0423 2) each Gateway keyboards Mouse HP DeskJet 500 printer Inv 13336 Polaroid instamatic camera


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Water 1997 Ford F250 pickup VIN: 3FTHF26H2VMA47626 1999 Ford F250 pickup VIN: 1FTRF27WXXKB84907 Sharp calculator S/N: 2C029990 5 boxes Telephone station wire 4 rolls per box Panasonic KX-P2180 dot matrix printer S/N: 3JKBMI18715 w/2 ribbons & cable Underdesk mount keyboard shelf Computer cables Fire 5 drawer file cabinet 3 drawer file cabinet 3) each office chairs 2) each recliners Large office chair TV stand, small Computer/printer table on wheels Admiral refrigerator 1 box of bag cell phones Duel seat office chair w/connecting table between seats 19” TV Candy machine Pop machine Landice treadmill Squat rack Computer equipment 50” riding lawn mower Generator (10KW) 1987 Pierce 100’ ladder truck VIN: 1P9CA01J0JA040498 Inv 4053 1993 Chevrolet 4WD pickup VIN: 1GCFK24K9PZ217158 Inv 1427 1993 Chevrolet Suburban VIN: 1GKGK26K7PJ748296 Inv 1441 1931 American LaFrance truck VIN: 7229 Inv 6312 Assorted handheld radios, pagers, chargers, etc Telephone system 8’ – 5 station computer desk 20) each stackable chairs 4 drawer file cabinet Recumbent bike Schwin airdyne bike Stair stepper Inclined weight bench 3) each bicycles Table saw 2) each Hydraulic hose reels w/hose Misc tires and wheels Antifreeze recycler


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3) each Light bars 6.5 KW Honda powered generator Portable air tank Drill press Chop saw 2) each electric smoke ejector fans Assorted fire hose 2) each barrel pumps Air operated bumper jack Push mower Streets Epson LD570 Dot Matrix printer S/N: 1F8E845624 Gateway VX1130 19” monitor S/N: 302001276 HP DeskJet model 5650 printer S/N: MY3873KOWZ Wooden computer desk Airport 1978 Fiat Allis loader model 545B, 5-1/2 yard bucket 1977 Massey Ferguson tractor model MF31 w/4 foot PTO driven Heston mower Craftco joint & crack cleaner model 200 Craftco power brush & blower model 140 Military generator, generator set type MEPO16A on off road low trailer MDT Yard Machine lawn mower, 18.5 HP 42” cut, Hydrostatic attachments include: Thatcher model 45-01851 Lawnsweep 38 inch Agri-Fab model 45-02211 Clark floor scrubber, model Clarkomatic TB-20EL, PCRC #4439 Casex carpet scrubber, model Magna Twin 22, PCRC #14265 Flashing yellow warning construction lights, roughly 75-100, solar charger for batteries 9 rolls of Misc. low voltage wire, some partial rolls 7 rolls lath & wire Snow fence 2 rolls 4’ wire game fence 3) each 10 hole Rims w/12.00-20 14 ply tires Open split rim w/8.25.20 tire 10 hole rim w/9-22.5 tire 10 hole rim w/18-22.5 tire 8 hole rim w/7.50RILT M+S tire Computer monitors Impressions model 7V NEC model MultiSync E750 Zenith model Data Systems NEC model MultiSync M500 Compaq model MV740 2 each Dell Keyboards, 1 each, Gateway, HP, Compaq and Micron Dell CPU model OptiPlex GX100 Micron CPU model Client Pro


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HP LaserJet 6P printer, PCRC #15403 HP LaserJet 6L printer, PCRC #15419 Panasonic printer model P2023 Zero model Electronics Solutions Multi-Cage 3 boxes of Misc. computer cords and TV remotes 2) LED boards PCRC #’s 13131 & 13133 3) each Rheem roof top Air/Heat Units model RRGG-12E60CKR power supply 208/230 3ph compressor 208/230 3ph, natural gas Civic Center BOCA ticket system, Inv 015147 5) each desk top computers, Inv #’s 01559, 015560, 013361, 015562, 015563 600) each Samonite folding chairs, Inv 009726 10) each lockers Wooden desk 43” Sony Screen TV, Inv 017313 BE IT FURTHER RESOLVED that the Mayor and Finance Officer may do all acts necessary to dispose of this property according to state law. Dated this 2nd day of June, 2008. CITY OF RAPID CITY ATTEST: s/ Alan Hanks s/ James F. Preston Finance Officer (SEAL)

56. No. LF052808-16 – Approve Resolution to Amend the City of Rapid City’s Short Term Disability Plan

RESOLUTION TO AMEND THE CITY OF RAPID CITY’S

SHORT TERM DISABILITY PLAN WHEREAS, the City of Rapid City has established a short term disability plan; and WHEREAS, the plan has been revised from time to time, most recently by resolution approved on April 15, 2002; and WHEREAS, the most recent resolution failed to include the members of the International Association of Firefighters; and WHEREAS, the most recent amendment to the resolution contained a typographical error on the Schedule of Continuing Benefits.


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NOW, THEREFORE, BE IT RESOLVED by the City of Rapid City that the City of Rapid City’s Short Term Disability Plan is hereby amended to read as follows:

CITY OF RAPID CITY SHORT-TERM DISABILITY PLAN

The following explanation is a description of the Short-Term Disability Plan benefit provided to eligible employees of the City of Rapid City. The Plan is administered under the language established by the employee’s Union Contract or Non-Union Personnel Policy and in conjunction with this resolution. Eligibility: All employees of the City of Rapid City, who are participating members of the South Dakota Retirement System. Regular, part-time employees who are eligible for benefits under the agreement shall receive Short-Term Disability benefits pro-rated on the employee’s normal schedule as compared to 2080 hours, consistent with the schedule applicable to the employee’s length of service. Benefits commence if the employee has exhausted all but 40 hours or less of their available general Sick Leave A balance. Please note that AFSCME, IAFF, and Non-Union employees must be off work for 3 consecutive working days prior to receiving the Short Term Disability Benefit and that time will be charged to Sick A, Vacation or Leave Without Pay. Disability: An employee who is unable to perform the essential functions of his/her work assignment due to bodily injury or sickness in the opinion of his medical examiner. Employee’s Responsibility: It shall be the responsibility of each employee to inform their supervisor of the status of their injury/illness prior to each payroll period. A Verification of Disability form must be completed and returned to the Payroll Coordinator prior to the applicable payroll period. Said notice must be in writing, signed by the attending physician and in addition, must include the time from specified date to specified date in which the employee will be absent. If the employee fails to notify the Payroll Coordinator of the status during the payroll period, pay adjustments will be made when the proper paperwork is received. Dispute Resolution: In case of a dispute between the employee and the City regarding any conditions of disability, a review of the case will be conducted in the following manner: 1. The City may request that a copy of the findings of the medical examiner chosen by the employee be furnished to a medical examiner chosen by the City for verification. If the findings are verified by the City medical examiner, no further review shall be conducted. 2. In the event the findings of the medical examiner employed by the employee do not agree with the findings of the medical examiner employed by the City, the City will at the written request of the employee ask that the two medical examiners agree upon and appoint a third qualified and disinterested medical examiner for the purpose of making a physical examination of the employee.


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3. Such three doctors, one representing the City, one representing the employee, and one disinterested doctor approved by the employee’s doctor and the City’s doctor, shall constitute a board of three, a majority vote of which shall decide the issue. 4. The expense of the employment of the third medical examiner shall be borne one-half by the employee and one-half by the City. Length of Absence: All absences shall be considered as a single period of disability unless acceptable evidence is furnished that the cause of the latest disability cannot be connected with the causes of any of the prior disabilities. If an employee is off more than once because of the same illness, the periods of disability will count towards the maximum period of benefits, 26 weeks. However, if an employee has returned and worked for a full year, the period of disability will be treated as a new illness or disability with benefit eligibility being a maximum of 26 weeks. SCHEDULE OF CONTINUING BENEFITS UNDER SHORT-TERM DISABILITY PLAN 100% Salary Continuation - Maximum Hours Paid Years of Service completed 40 hr/wk 56 hr/wk 90 days – 3 years 80 120 3 years – 4 years 240 360 5 years – 6 years 440 660 7 years – 8 years 640 960 9 years – 10 years 840 1260 More than 10 years 1040 1560 60% Salary Continuation - Years of Service completed 40 hr/wk 56 hr/wk 90 days – 3 years 160 240 3 years – 4 years 800 1200 5 years – 6 years 600 900 7 years – 8 years 400 600 9 years – 10 years 200 300 More than 10 years -0- -0- Dated this 2nd day of June, 2008. CITY OF RAPID CITY ATTEST: s/ Alan Hanks s/ James F. Preston Finance Officer (SEAL)


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57. No. LF052808-17 – Authorize Mayor and Finance Officer to sign Addendum to Golf Concessionaire Agreement with Matt Kimball

58. No. LF052808-19 – Authorize Mayor and Finance Officer to sign Contract for Services for Design, Development and Construction Consultation for a Playground to be Constructed in Vickie Powers Memorial Park with Leathers and Associates, Inc.

59. No. LF052808-24 – Authorize Mayor and Finance Officer to sign Agreement Between the City of Rapid City and Signature Development Co., LLC, to Allow for Acceptance of Public Improvements Before the Completion of Sidewalks for Villaggio at Golden Eagle Subdivision

60. No. LF052808-26 – Approve Travel Request for Jason E. Green to Attend IMLA 73RD Annual Conference in Las Vegas, NV, September 14-17, 2008, in the approximate amount of $2,077

61. No. LF052808-27 – Acknowledge raffle request from South Dakota Elks Association 62. Approve the following licenses: Mobile Home Court: Rand & Gayla Williams, Red Willow

Mobile Home Court; Residential Contractor: Charles Rogers, Country Home Builders; Sewer and Water Journeyman License: Cody Severson, J Grubl Excavating; Sewer and Water Journeyman License: Mary Symonds, J Grubl Excavating

Growth Management Department Consent Items 63. 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. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to City Council approval of the Preliminary Plat application, a drainage plan must be submitted for review and approval. In particular, the drainage plan must show calculations for the flows of the existing drainage channel. In addition, the plat document must be revised to provide drainage easements as necessary; 2. Prior to City Council approval of the Preliminary Plat application, sewer plans prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains and service lines to the existing and proposed lots shall be submitted for review and approval or a Variance to the Subdivision Regulations must be obtained. In addition, the plat document must also be revised to provide utility easements as needed; 3. Prior to City Council approval of the Preliminary Plat application, a Wildland Fire Mitigation plan be submitted for review and approval; 4. Prior to City Council approval of the Preliminary Plat application, a cost estimate of the subdivision improvements shall be submitted for review and approval; 5. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and the subdivision inspection fees shall be paid; and, 6. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval.)

64. No. 08PL041 - A request by D. C. Scott Surveyors, Inc. for Blu-Knu Enterprises, LLC for

a Layout Plat on Lots 2R and 3R of Blu-Knu Subdivision, located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2 and 3 of Blu-Knu Subdivision and unplatted land in the SW1/4 SW1/4, Section 27, located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Lien Street and Deadwood Avenue. (APPROVE LAYOUT PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to submittal of a Preliminary Plat application, a Comprehensive


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Plan Amendment to the Major Street Plan relocating the collector extending through the property shall be approved or the plat document shall be revised to show the street; 2. Prior to submittal of a Preliminary Plat application, the plat document shall be revised to show the elimination of two of the approaches to Lot 2 in order to meet access management requirements as per the South Dakota Department of Transportation. In addition, the plat document shall be revised to show a non-access easement along Deadwood Avenue except for the approved approach location(s); 3. Upon submittal of a Preliminary Plat application, a parking plan showing the existing uses shall be submitted for review and approval to determine that sufficient parking is being provided on Lot 2; 4. Upon submittal of a Preliminary Plat application, a landscaping plan and a sign package shall be submitted for review and approval; 5. Upon submittal of a Preliminary Plat application, construction plans for Deadwood Avenue shall be submitted for review and approval showing a sidewalk along both sides of the street and street light conduit or a Variance to the Subdivision Regulations shall be obtained; 6. Upon submittal of a Preliminary Plat application, construction plans for Lien Street shall be submitted for review and approval showing a sidewalk along both sides of the street, street light conduit, sewer and 4 additional feet of pavement along the street or a Variance to the Subdivision Regulations shall be obtained. In addition, 5 additional feet of right-of-way shall be dedicated for that portion of the street currently located within a 90 foot wide right-of-way; 7. Upon submittal of a Preliminary Plat application, a grading plan for all improved areas shall be submitted for review and approval; 8. Upon submittal of a Preliminary Plat application, a drainage plan in compliance with the Drainage Criteria Manual shall be submitted for review and approval. In addition, the drainage plan shall demonstrate that the design flows do not exceed pre-developed flows or on-site detention shall be provided. The plat document shall also be revised to provide drainage easements as necessary; 9. Upon submittal of a Preliminary Plat application, sewer plans prepared by a Registered Professional Engineer showing the existing sewer mains and service lines to proposed Lot 2 and the extension of sanitary sewer mains and service lines to proposed Lot 3R shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. The plat document shall also be revised to provide utility easements as needed; 10. Upon submittal of a Preliminary Plat application, water plans prepared by a Registered Professional Engineer showing the existing water mains and service lines to proposed Lot 2 and the extension of water mains and service lines to proposed Lot 3R shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In addition, the water plans shall demonstrate that adequate fire and commercial flows are being provided. The plat document shall also be revised to provide utility easements as needed; 11. Upon submittal of a Preliminary Plat application, written documentation identifying that all of the affected utility companies concur with the proposed vacation of the existing 8 foot wide utility and minor drainage easement located along the rear lot lines shall be submitted for review and approval or the plat document shall be revised to show the easement; 12. Upon submittal of a Preliminary Plat application, a cost estimate of the subdivision improvements shall be submitted for review and approval; 13. Prior to Preliminary Plat approval by the City Council, an Erosion and Sediment Control Permit in compliance with the adopted Stormwater Quality Manual shall be submitted for review and approval; 14. 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, 15. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.)


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65. No. 08PL050 - A request by Centerline, Inc. for Action Development, Inc. for a

Preliminary Plat on Lots 1 and 8 of Anamosa Crossing Subdivision, formerly a portion of Tract 1 of Century 21 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 northwest of the intersection of East North Street and the future East Anamosa Street. (APPROVE PRELIMINARY PLAT WITH THE FOLLOWING STIPULATIONS: 1. Prior to Preliminary Plat approval by the City Council, all necessary changes shall be made to the construction plans as identified on the red lined drawings. In addition, the red lined drawings shall be returned to the Growth Management Department; 2. Prior to Preliminary Plat approval by the City Council, construction plans for E. North Street shall be submitted for review and approval. In particular, the construction plans shall show the street constructed with sewer and sidewalk. In addition, a water main shall be extended along the west side of E. North Street from Century Road to the north lot line of proposed Lot 1 or a Variance to the Subdivision Regulations shall be obtained; 3. Prior to Preliminary Plat approval by the City Council, construction plans for Century Road shall be submitted for review and approval. In particular, the construction plans shall show a sewer main constructed along the entire street right-of-way or a Variance to the Subdivision Regulations shall be obtained; 4. Prior to Preliminary Plat approval by the City Council, the plat document shall be revised to show non-access easements as per the Street Design Criteria Manual or an Exception shall be obtained; 5. Prior to submittal of a Final Plat application, an alternate street name for Charleston Drive shall be submitted to the Emergency Services Communication Center for review and approval. In addition, the plat document shall be revised to show the approved street name; 6. 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, 7. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required.)

66. No. 08PL052 - A request by Renner & Associates for Andrea K. Sabow for a Preliminary

Plat on Tracts A and B of Tower Place, (description formerly as shown in Book 57 of Deeds, Page 7057, recorded on January 26, 1995), located in the N1/2 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 E1/4 NW1/4 SW/14, Section 14, T1N, R7E, BHM, Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4, N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way for “Old U.S. Highway 16” shown on the plat filed in Highway Plat Book 2, Page 48, and bounded on the south by Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and bounded on the west by the west boundary line of said NE1/4 SW1/4, located at 1640 Skyline Ranch Road. (ACKNOWLEDGED THE APPLICANT’S REQUEST TO WITHDRAW THE PRELIMINARY PLAT APPLICATION.)

END OF CONSENT CALENDAR


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Motion was made by Hadcock and seconded to (No. LF052808-01), deny a request for payment in the sum of $4,944 from the Minnilusa Historical Association. It is indicated that the Minnilusa Historical Association receives a City subsidy through the Allied Arts; but their failure to submit a completed subsidy application resulted in a recommendation from the Allied Arts to the City for non-funding. The Executive Director of the Minnilusa Historical Association indicated to staff that they understand the situation and agree to undertake the expenses this year and will submit a subsidy application for 2009. Alderman Kooiker indicated that he would not support funding the entire request; but given the nature of the request for the curation of an important collection of Native American artifacts the Council should appropriate $2,000 to assist in this endeavor. Substitute motion was made by Kooiker and seconded to appropriate $2,000 from Council Contingency. Aldermen Olson, Johnson, and Chapman indicated their opposition to the appropriation suggesting it will set a precedent for other organizations to bypass the subsidy process; and pointing out the amount that the City subsidizes the museum on an annual basis. With the consent of the Council, Alderman Kooiker withdrew the substitute motion. Upon a vote being taken on the motion to deny, motion carried. Motion was made by Hadcock and seconded to (No. LF052808-02), approve Travel Request for Mayor Alan Hanks, Tom Johnson, Ron Weifenbach, Deb Hadcock, Karen Olson, Bill Okrepkie, Lloyd LaCroix, and Ron Kroeger to attend NLC – Thinking & Acting Strategically in Local Government in Rapid City, SD, June 29-July 1, 2008, in the approximate amount of $2,360. Alderman Hurlbut encouraged all Council members to attend the conference. He indicated his concern that those attending a competing conference should make a choice between the conferences. Alderman Johnson pointed out that those Council members attending the conference are hard-working individuals who give of their time and income to attend conferences; and who attend a great number of City meetings. He believed that the expenditure should be from a different line item rather than travel. Substitute motion was made by Chapman and seconded to strike the word “Travel” and approve an education request. It is indicated that the Travel Policy requires approval of a Travel Request for in-town educational events. In the opinion of City Attorney Green, the City Council can alter the Travel Policy by resolution at any time; but taking action to approve an item that is inconsistent with the policy would be altering the policy for that particular item. With the consent of the Council, Alderman Chapman withdrew the substitute motion. Question was called and there being no objection, a vote was taken on the motion to approve. Motion carried. Motion was made by Hadcock and seconded to approve the allocation of $10,000 from 8913 – Miscellaneous Improvements (Streets, Drainage, and MIP Projects) for the acquisition of land located on the Southeast Corner of Omaha and Fifth Street (Wolff’s Bargain Den). The City would like to acquire the property from the State for the purpose of constructing a surface parking lot that would be used during construction of the third level of the parking ramp. In this transaction, the City would purchase the property at its appraised value of $55,000; trade public right-of-way located along Catron Blvd. valued at $45,000; and pay $10,000 to the State. There is public right-of-way located along Catron Blvd., adjacent to the land that the City has leased to the National Guard; and that lease must be modified for the right-of-way that is needed for the expansion of Catron Blvd. (US16B). What is to be acquired is a 0.36 acre parcel which is only


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two-thirds of what might appear to be a viable lot available to the City. There is another 0.12 acre lot owned by MDU on the same corner; and MDU has other facilities on that lot and the City is exploring the potential of building a parking lot in conjunction with MDU. The dimension of the lot is 145 feet along the frontage on Omaha Street and back onto Fifth Street there are some curve radius there, but it is about 85 feet. This is a fairly small lot, but there would be some opportunity to do some beautification. It is possible, in the future, should the City determine there is a more important use of that site the asphalt that is put down for the parking lot could be reused for any kind of business on that site. In the long term it would provide parking for customers that use the C / SAC building, or staff, or possibly City vehicles. To insure the safety of the pedestrians there is a marked cross-walk and there is a pedestrian count-down timer that indicates the amount of time a pedestrian has to cross the street. Upon a vote being taken on the motion to approve, motion carried. Motion was made by Hadcock, seconded and carried to (No. LF051408-08), authorize staff to apply for Highway Safety Grant for DUI Enforcement Program. Motion was made by Hadcock, seconded and carried to (No. LF051408-09), authorize staff to apply for Highway Safety Grant for Overtime and Equipment. Motion was made by Hadcock and seconded to (No. LF052808-30), authorize Mayor and Finance Office to sign the Agreement between the City of Rapid City and 3T’s Land Development LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Lots 1A, 3A, 24 and 25 all in Minnesota Ridge Subdivision, Phase 4B. These agreements will ensure that sidewalks will be constructed at the time a building permit is issued and before a certificate of occupancy is issued. Motion carried. Motion was made by LaCroix and seconded to (No. LF052808-35), find that all feasible and prudent alternatives to the house remodel and garage addition at 912 St. Andrew Street have been pursued and that all possible planning to minimize harm to the historic property has taken place. The Historic Preservation Commission made a determination, and subsequently the State Office of History has also made the determination that it was an adverse impact. The State Office of History has determined there is no need to do a case report because of the discussions and field inspection; and there is no need to provide any more review as all options have been evaluated. Question was called and there being no objection, a vote was taken on the motion to approve. Motion carried. Motion was made by LaCroix, seconded and carried to continue (No. 08PL054), a request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Mall Drive Subdivision, and Lots 1A and 1B of Interstate 90 Heartland Business Park, formerly a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Block 6 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Mall Drive and Dakota Craft Drive to the June 16, 2008 Council meeting.


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Motion was made by LaCroix and seconded that (No. 08PL060), a request by Hadcock Construction, Inc. for Allan L. and Leah J. Dewald for a Layout Plat on Lot B of Dewald's Subdivision, formerly a portion of the SW1/4 NE1/4 NW1/4 and a portion of the W1/2 NW1/4 of Section 13, T1N, R6E, BHM, Pennington County, South Dakota, legally described as a portion of the SW1/4 NE1/4 NW1/4 and a portion of the W1/2 NW1/4 of Section 13, T1N, R6E, BHM, Pennington County, South Dakota, located north of the terminus of Nameless Cave Road and northeast of Cavern Road be approved with the following stipulations: 1. Upon submittal of a Preliminary Plat application, a drainage and grading plan shall be submitted for review and approval. In addition, the plat document must be revised to provide drainage easements as necessary; 2. Upon submittal of the Preliminary Plat, a sewer plan prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains, manholes and service lines shall be submitted for review and approval or a Variance to the Subdivision Regulations must be obtained. If individual on-site waste water treatment systems are proposed, the applicant must submit the depth of the soil, type of soil, location and capacity of all septic tanks proposed, location and results of the percolation tests demonstrating that the soils are suitable for on-site wastewater treatment systems shall be submitted for review and approval; 3. Upon submittal of the Preliminary Plat, water system plans prepared by a Registered Professional engineer verifying the source and demonstrating sufficient quantities for domestic and fire flows shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained; 4. Upon submittal of the Preliminary Plat, road construction plans for the access easement shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained; 5. Prior to Preliminary Plat approval by City Council, the access easement shall be recorded at the Register of Deeds office as a miscellaneous document. In addition, the applicant shall demonstrate the right to use the existing access easement to serve the proposed lot; 6. Prior to Preliminary Plat approval by City Council, the applicant shall obtain a Special Exception to allow a cul-de-sac in excess of 1,200 feet and to waive the requirement to provide intermediate turnarounds or the street must be redesigned to comply with the Street Design Criteria Manual; 7. Prior to Preliminary Plat approval by City Council, a Wild Fire Mitigation Plan shall be submitted for review and approval. In addition, the Wild Fire Mitigation Plan must be implemented; 8. Upon submittal of the Preliminary Plat, a cost estimate for the subdivision improvements shall be submitted for review and approval; 9. Upon submittal of the Preliminary Plat, an Erosion and Sediment Control Permit in compliance with the adopted Stormwater Quality Manual shall be submitted for review and approval; 10. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and subdivision inspection fees shall be paid as required; 11. Prior to Final Plat approval, portions of the property shall be rezoned or the lots shall be reconfigured to meet the minimum lot size requirements of the General Agricultural District or a Lot Size Variance from Pennington County shall be obtained; and, 12. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required. Motion carried with Alderman Hadcock abstaining. Motion was made by LaCroix, seconded and carried that (No. 08PL062), a request by Sperlich Consulting, Inc. for Orthopedic Building Partnership for a Preliminary Plat on Lots 1R, 5R and 6 of Old Rodeo Subdivision, formerly Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 7220 South Highway 16 and 7111 Jordan Drive be approved with the following stipulations: 1. Prior to Preliminary Plat approval by


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the City Council, construction plans for U.S. Highway 16 shall be submitted for review and approval or a Variance to the Subdivision Regulations shall be obtained. In addition, a non-access easement shall be identified along the eastern lot line, as no access will be allowed onto U.S. Highway 16; 2. Prior to Preliminary Plat approval by the City Council, a sewer plan prepared by a Registered Professional Engineer showing the extension of sanitary sewer mains, manholes and service lines to the property to the south shall be submitted for review and approval; 3. Prior to Preliminary Plat approval by the City Council, all redline comments made on the construction plans shall be addressed and resubmitted for review and approval. In addition, the red lined drawings shall be returned to the Growth Management Department; 4. Prior to Preliminary Plat approval by City Council, an Erosion and Sediment Control Permit in compliance with the adopted Stormwater Quality Manual shall be submitted for review and approval if subdivision improvements are required; 5. Prior to Preliminary Plat approval by the City Council, a cost estimate for the subdivision improvements shall be submitted for review and approval; 6. Upon submittal of a Final Plat application, surety for any required subdivision improvements that have not been completed shall be posted and subdivision inspection fees shall be paid as required; and, 7. Prior to the City’s acceptance of the public improvements, a warranty surety shall be submitted for review and approval as required. NON-CONSENT ITEMS – Items 70 - 93 Motion was made by Okrepkie, seconded and carried to open public comment on Items 70 – 93. Debra Weinert, Edward Jones Financial Advisor addressed item 80 (LF040208-16A), indicating that City employees are not satisfied with the City’s current retirement plan. Weinert explained that the City is already at risk because of something called fiduciary responsibility. The item that is before the City Council does not expose the City to any where near the risks that already exist, and does not expose the City to unlimited liability. Weinert indicated that the new plan provides more safeguards for the City employees’ money and can protect the City from potential law suits. Weinert suggested that if the City Council does not approve the plan, that it be referred to committee, order a risk assessment, and have a trust attorney review the plan. Billy Mitchell, Fire Department addressed item 80 (LF040208-16A), suggesting that City employees have not been properly represented by ICMA. He explained that a City employee must pay an annual subscription of $20 to ICMA to seek the advice of a financial advisor who is in Omaha. Mitchell urged the Council to approve the plan because there would be someone local who understands what is going on and would be able to advise a City employee on the best way to achieve whatever goal set by an employee. Nick Carlson, Fire Department addressed item 80 (LF040208-16A), indicating that he has contributed to ICMA since 1995. He explained that for the past three years ICMA has charged more fees and has required that an option or stock be held for at least three months and assessed additional penalties if that was not done. Since 1989 City employees had available to them, a South Dakota Retirement Supplement, but that information was not made available to him. Mike Wright, Fire Department addressed item 80 (LF040208-16A), encouraging the Council to grant permission to Edward Jones to start an alternative 457 Plan. Wright related his personal experiences with ICMA, indicating that he found them to provide poor customer service, and on occasion shown some incompetence. He believed the City has a responsibility to offer City employees varied investment opportunities. Sandra Schwan, Co-Chair for Summers Night addressed item 85 (PW052708-10), requesting the use of two sets of the banner poles, located on Main Street and St. Joseph Street, to promote an arts and music festival held each Thursday evening beginning June 12 until August 28. Schwan asked that the group be allowed the use of the banner poles for the duration of the event, indicating that the group is willing to pay a one time $375 fee to put up and take down the


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banners; but asked that the Council waive any additional fees to take down and put the banners back up. Schwan indicated that because they are a volunteer committee with limited resources for marketing this event, Coca Cola is sponsoring the event and have donated the banners that will include a logo but no advertising. In addition to the banner poles, Schwan also requested permission to hang banners from the historic lamp posts in downtown Rapid City. Motion was made by Okrepkie, seconded and carried to close public comment on Items 70 – 93. Ordinances Ordinance No. 5388 (No. LF043008-23), to Adopt a Policy for the City to Participate in the Cost of Bringing Private Nonconforming Water and Sewer Service Lines up to Current Standards by Adding a New Chapter to Title 13 of the Rapid City Municipal Code was introduced. Motion was made by Hadcock and seconded that Ordinance No. 5388 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 16, 2008. Motion carried. Ordinance No. 5390 (No. LF052808-21), Creating the Position of City Engineer within the Engineering Division by Amending Section 2.44.070 of the Rapid City Municipal Code was introduced. Motion was made by Hadcock and seconded that Ordinance No. 5390 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 16, 2008. Motion carried. Ordinance No. 5393 (No. LF052808-23A), to Create A Life Safety Loan Program by Amending Title 3 of the Rapid City Municipal Code was introduced. Motion was made by Hadcock and seconded that Ordinance No. 5393 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 16, 2008. This loan program will be funded using SAB funds; and the maximum amount that will be approved for a project is $50,000. Substitute motion was made by Okrepkie and seconded to continue (No. LF052808-23A), First Reading, Ordinance No. 5393, to Create A Life Safety Loan Program by Amending Title 3 of the Rapid City Municipal Code to the August 4, 2008 Council meeting. Motion carried. Ordinance No. 5394 (No. 08RZ015), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Double RF Development Co., LLC for a Rezoning from Light Industrial District to General Commercial District on Lot 1 of BHP Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Deadwood Avenue and West Chicago Street was introduced. Motion was made by Hadcock and seconded that Ordinance No. 5394 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 16, 2008. Motion carried. Ordinance No. 5395 (No. 08RZ016), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Double RF Development Co., LLC for a Rezoning from Light Industrial District to General Commercial District on a parcel of land, hereon referred to as Lot B located in Lot 3, NW1/4 SE1/4, Section 34, T2N, R7E, commencing at the northwesterly corner of said Lot 3 and the point of beginning. Thence: a bearing of N89º38’00”E and a distance of 158.76 feet along the northerly line of said Lot B; Thence: a bearing of S42º49’00”E and a distance of 117.54 feet


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along the easterly line of said Lot B, which is coincident with the westerly Right of way line of Deadwood Avenue; Thence: a bearing of S35º40’00”E and a distance of 114.63 feet along said easterly line of said Lot B; Thence: a bearing of S89º42’00”W and a distance of 304.40 feet along the southerly line of said Lot B; Thence: a bearing of N00º20’50”W and a distance of 179.93 feet along the westerly line of said Lot B, to the point of beginning, said Lot B contains 0.98 acres of land, more or less; and, Lot 1, all located in BHP Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Deadwood Avenue and West Chicago Street was introduced. Motion was made by Hadcock and seconded that Ordinance No. 5395 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 16, 2008. Motion carried. Ordinance No. 5396 (No. 08RZ017), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Doeck, LLC for a Rezoning from No Use District to Low Density Residential District on a portion of the SE¼ of the NE¼, and a portion of the NE¼ of the SE¼, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning; Thence, first course: S00º02’25”W, along the Section Line common to said Sections 13 and 14, a distance of 338.77 feet; Thence, second course: N46º19’06”W, a distance of 364.65 feet; Thence, third course: N00º21’21”W, a distance of 576.95 feet; Thence, fourth course: N14º28’41”W, a distance of 182.07 feet; Thence, fifth course: N00º21’21”W, a distance of 85.00 feet; Thence, sixth course: N00º07’31”W, a distance of 52.00 feet; Thence, seventh course: N89 52’29”E, a distance of 0.75 feet; Thence, eighth course: N00º07’31”W, a distance of 111.82 feet; Thence, ninth course: N89º52’29”E, a distance of 130.75 feet; Thence, tenth course: S00º07’31”E, a distance of 11.82 feet; Thence, eleventh course: N89º52’29”E, a distance of 185.16 feet, to a point on the Section Line common to said Sections 13 and 14; Thence, twelfth course: S00º10’27”W, along the Section Line common to said Sections 13 and 14, a distance of 904.01 feet, to the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning, located at the western terminus of Cobalt Drive was introduced. Motion was made by Hadcock and seconded that Ordinance No. 5396 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 16, 2008. Motion carried. Ordinance No. 5397 (No. 08RZ018), An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the SE1/4 of the NE1/4, and the NE1/4 of the SE1/4, and the SE1/4 of the SE1/4, all Section 14; and the NE1/4 of the NE1/4 of Section 23; all less the East 33 feet previously annexed and less A portion of the SE¼ of the NE¼, and a portion of the NE¼ of the SE¼, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning; Thence, first course: S00º02’25”W, along the Section Line common to said Sections 13 and 14, a distance of 338.77 feet; Thence, second course: N46º19’06”W, a distance of 364.65 feet; Thence, third course: N00º21’21”W, a distance of 576.95 feet; Thence, fourth course: N14º28’41”W, a distance of 182.07 feet; Thence, fifth course: N00º21’21”W, a distance of 85.00 feet; Thence, sixth course: N00º07’31”W, a distance of 52.00 feet; Thence, seventh course: N89 52’29”E, a distance of 0.75 feet; Thence, eighth course: N00º07’31”W, a distance of 111.82


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feet; Thence, ninth course: N89º52’29”E, a distance of 130.75 feet; Thence, tenth course: S00º07’31”E, a distance of 11.82 feet; Thence, eleventh course: N89º52’29”E, a distance of 185.16 feet, to a point on the Section Line common to said Sections 13 and 14; Thence, twelfth course: S00º10’27”W, along the Section Line common to said Sections 13 and 14, a distance of 904.01 feet, to the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Bunker Drive and west of Haines Avenue was introduced. Motion was made by Hadcock and seconded that Ordinance No. 5397 be placed upon its first reading and the title was fully and distinctly read and second reading set for Monday, June 16, 2008. Motion carried. Legal & Finance Committee Items Motion was made by Hadcock and seconded to approve 2012 funding for Skyline Wilderness Park for $39,636.68, as an amendment to the 2012 Plan. Motion carried. City Attorney Green addressed the policy on use of electronic communications during meetings indicating that under South Dakota law, public bodes, such as the City Council are required to hold their meetings in open session; provide notice, which is done by posting the agenda to the web; and allow the public to attend the proceedings. In order to conduct the official business of the City, there must be a quorum of the City Council but members do not have to be physically present, but can be present by telephone or video conference. If six members are together in the same place, there is no violation of the statute; but practically, if six members are going to be in the same place at the same time, the informal gathering should be noticed to avoid question. Green defined an e-mail address as something that is available to anyone who types in the right address. A message received remains in an In-Box and is available at any time to view by the recipient. Chat rooms and instant messaging work similarly, and in order to talk to someone, you must have permission from that person. It is only useful when both parties, and possibly a third party, are on-line and the messages received must be viewed at that time; these messages are not saved. A blog is a web-log that is update virtually and instantaneously, and available to anyone who logs on to the correct website. Text and other similar messages used on cellular telephones are essentially e-mail on a cellular telephone, and do not go through the City’s computer server. Green advised the members that his office researched the topic of electronic communications. The National League of Cities has no resources regarding this matter; as did the International Municipal Lawyer’s Association, but they did put the question out to their list serve and received six responses that varied based on the State’s that said that it was probably not a good idea. Westlaw, the on-line legal research was also used, which also resulted in no resources being available. There were also conversations with the South Dakota Attorney General’s Office. Electronic communications mediums are not addressed by South Dakota state statute, by State law, by City ordinance, or by any opinion by the South Dakota Open Meetings Commission. There is no statute or case law that addresses the use of these mediums during open meetings. There is case law on the use of e-mail outside the context of a public meeting. Some municipalities have addressed electronic communication and some have prohibited its use.


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Green indicated that he has some additional concerns that are specific to e-mails. A mass e-mail to all Council members does not violate any open meeting provision in South Dakota; but the potential problem comes up when Council members start responding to each other and that is an e-mail discussion. That has the potential to be deemed an open meeting violation by the Open Meetings Commission. Another one to be found troublesome in other jurisdictions is a serial e-mail, where one Council member will e-mail a thought to another Council member, who will add their thoughts and then forwards the e-mail. That has specifically been found in other jurisdictions to violate the open meeting provision; but South Dakota has not addressed this type of electronic communication. The mass e-mail to the Council group is okay if it is used to simply distribute information. If they are used as a discussion basis, that has the potential for problems. Green outlined the following four options for consideration by the Council: make no change as South Dakota does not mandate a change; adopt a rule to limit use of electronic communication; adopt a Council rule to prohibit electronic communication during public meetings; or adopt an ordinance that would limit or prohibit the use of electronic communication during public meetings. Green recommended the Council direct his office to prepare an ordinance to prohibit electronic communication entirely; and recommended that if the Council is going to address it for themselves, they also apply the ordinance to those bodies that fall under the umbrella of the City that conduct meetings before the public. Green also recommended that the Council direct the IT Division to investigate methods to provide access to messages that are sent to the Council group. This will protect the Council in case anyone raises a challenge about any discussions that might take place in an e-mail form. Motion was made by Hadcock and seconded to direct staff to prepare an ordinance to prohibit the use of electronic communications during public meetings. Alderman Johnson believed that addressing electronic communication only at public meetings is being short-sighted; and suggested the issue of communicating with and by the Council should be addressed more broadly. Alderman LaCroix offered support of adopting rules rather than imposing the rules by ordinance. Alderman Hadcock pointed out that the use of electronic communications among the Council is seen as a violation of the public’s trust; and enforcement by ordinance is more appropriate. Responding to a question from Alderman Chapman, Green indicated that the ordinance, itself, has the effect of a City enacted law. The Council can ask the City Attorney to prosecute someone and seek the maximum penalty authorized by law, which is a $500 fine and 30 days in jail, or both. More practically, the Council has the ability to impose discipline on members who violate the rules and the laws pertaining to the action of Council members. Upon a vote being taken on the motion, motion carried. Motion was made by Okrepkie and seconded to direct the IT Division to investigate methods to provide public access to messages that are sent to the Council group. Motion carried. Motion was made by Hadcock and seconded to (No. LF052808-13), authorize Mayor and Finance Officer to sign Addendum No. 3 South Dakota Department of Military Affairs Lease Agreement to allow City to transfer property and grant construction easements to the South Dakota Department of Transportation for US 16B (East Catron Boulevard) Reconstruction. Motion carried. Motion was made by LaCroix and seconded to (No. LF040208-16A), authorize Mayor and Finance Officer to sign Directed Trust Agreement with MG Trust Company, LLC, regarding the


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City’s 457(b) Plan. City Attorney Green advised the members that the comments made about risk assessments and other plan is irrelevant to the matter before the Council. Responding to a question from Alderman Hadcock, Green explained that based on the amount of money that City employees collectively have invested in ICMA, a certain charge schedule is applied. If the amount goes down because a number of employees have reduced their investment or taken their investment out, the charge for the remaining employees is likely to increase. Alderman Hadcock pointed out that a number of City employees are dissatisfied; and indicated her hope that a solution could be found to satisfy the employees. Alderman Johnson pointed out that City employees have two options; and indicated that a third choice does not make sense. He suggested this proposal should be brought before all City employees to see if there’s an interest in moving. Alderman Kooiker suggested that the City should correspond with ICMA about their poor customer service. He indicated that he is not opposed to adding another investment firm, but suggested a Request for Proposals should be drafted to solicit interest to make certain the City gets the best option to benefit the employees. Substitute motion was made by Kooiker and seconded to refer this item to the June 11, 2008 Legal Finance Committee meeting. Motion carried with Weifenbach voting NO. Motion was made by Hadcock and seconded to (No. LF052808-25), authorize Mayor and Finance Officer to sign Second Assignment Agreement for Tax Increment District No. 38 between the City of Rapid City, Heartland Retail Center LLC and Great Western Bank. Motion carried with LaCroix abstaining. Motion was made by Hadcock and seconded to (No. LF052808-36), continue a request to authorize Mayor and Finance Officer to sign Contract for Private Development Tax Increment District Number Sixty-five between Dennis Zandstra Real Estate Holdings, LLC and the City of Rapid City to the June 16, 2008 Council meeting. Substitute motion was made by Johnson and seconded to (No. LF052808-36), authorize Mayor and Finance Officer to sign Contract for Private Development Tax Increment District Number Sixty-five between Dennis Zandstra Real Estate Holdings, LLC and the City of Rapid City. Alderman Johnson indicated that this agreement sets forth how the development will be done; how to protect the City’s interest; and solve the access issue to the development. He encouraged the Council to support the motion on the floor to approve. Alderman Hadcock asked the Council to approve the agreement with the stipulation of a signed purchase agreement. City Attorney Green advised the members that the Council does not have the legal authority to contingently approve an agreement; and should rely upon the Mayor and Finance Officer not to sign the agreement until there is an executed purchase agreement that is presented by the sellers. Assistant City Attorney Landeen outlined the conditions in the agreement. After the agreement is approved, within 90 days, the developers are required to dedicate the H-Lots sufficient to build Minnesota Street from the intersection of the Southeast Connector. The next step is that they will complete the entire design of that length of street, including the entire infrastructure within that corridor by September 1, 2008. The developers have agreed that they will provide the design to the City, which the City will be able to use, at no cost, should the developers not fulfill their obligation under the agreement and build the street. August 1, 2009 the developer will construct the intersection at the Southeast Connector and provide the secondary access. When there is a contract in place and sufficient surety to secure construction of the intersection


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and the access road, the developer will be able to begin platting so that they may begin to generate revenue. June 1, 2011 the developer will need to construct the balance of Minnesota Street. Once the contract has been entered into and the surety provided, they will be able to begin platting other areas. Until the street is completed, no Certificate of Occupancy will be issued for those areas that the developer was allowed to plat. Landeen indicated that in discussions with the Department of Transportation, their concern is that until the streets are actually in place, they do not want any additional houses or additional traffic on those streets until they are actually done. Plum Creek is also required to remove the temporary access on the completion of the secondary access. Relative to the IDPF Loan of $700,000 initially intended for the secondary access, Landeen indicated that Plum Creek will be able to use this loan money for the construction of the secondary access and the access road. Also included in the agreement is the mutual rescission of the previous oversize agreement. The oversizing Is now rolled into the TIF and is being repaid from the TIF. Landeen explained that, relative to the interest, the language in the agreement is the language approved by the policy committee that is working on revising the TIF language. Green explained that the idea here is that it may be more difficult to obtain a favorable interest rate until there is a cash flow sufficient to support repayment. Elkins explained that the TIF was approved September 2007 and this is the developers’ agreement that is working its way through the process. She indicated that in previous action by the Council the language is approved that is represented in the developers’ agreement. Amendment to the substitute motion was made by Kooiker and seconded to strike, from the contract document, the following language: “and confirmed by the financial institution financing the public improvements”. Alderman Johnson believed it is an error to strike the language from the contract because the City has the entire control; and when the risk is reduced the bank will reduce the interest rate. Alderman Weifenbach pointed out that there is no history in the City with Tax Increment Financing Districts that prove that when the Tax Increment District cash flowed, a lending institution reduced their interest rate. Upon a roll call vote on the amendment, the following voted AYE: Hadcock, Chapman, Weifenbach, Olson, and Kooiker; NO: LaCroix, Johnson, Hurlbut, Okrepkie, and Kroeger. Amendment failed on a tie vote. Responding to concerns from Alderman Hadcock, it is indicated that TIF includes the installation of a twelve inch water main; and there is a preliminary design for the sewer lift station. The design will allow 650 homes and five to six years of development. Work is in progress for a utility easement that will allow for the construction of a sewer main within the next five years. Upon a roll call on the motion to approve, the following voted AYE: Johnson, Hurlbut, Okrepkie, Weifenbach, Olson, Kroeger, and LaCroix; NO: Hadcock, Chapman, and Kooiker. Motion carried. Motion was made by Johnson and seconded to (No. LF052808-38), authorize Mayor and Finance Officer to sign Contract for Private Development Tax Increment District Number Sixty-five between Plum Creek Development, LLC and the City of Rapid City. Upon a roll call vote, the following voted AYE: Hurlbut, Okrepkie, Weifenbach, Olson, Kroeger, LaCroix, and Johnson; NO: Chapman, Kooiker, and Hadcock. Motion carried. Motion was made by Johnson and seconded to (No. LF052808-39), authorize Mayor and Finance Officer to sign Acknowledgement that Oversizing Reimbursement Agreement for Plum Creek Phase Two, between Plum Creek Development, LLC and the City of Rapid City Has


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Been Rescinded by Mutual Consent. Upon a roll call vote, the following voted AYE: Okrepkie, Olson, Kroeger, LaCroix, Johnson, and Hurlbut; NO: Chapman, Kooiker, and Hadcock. Motion carried. Public Works Committee Items Motion was made by LaCroix and seconded to approve (No. PW052708-10), waiving the fees for the placement of banners in downtown Rapid City for the Summers Night Festival. Alderman Hadcock indicated her objection in setting this precedence because the Parks Department personnel’s time is valuable; and she believed the banner setup fee to be reasonable. She also expressed her concern over other organized activities that will require the use of the banner poles and questioned whether the setup fee will be waived for the Summers Night Festival each time their banners are removed. Alderman LaCroix indicated that the organizers of the Summers Night Festival are agreeable that if other organized events need the use of the banner poles the banners for Summers Night can be taken down. Substitute motion was made by Hadcock and seconded to approve a request for the placement of banners in downtown Rapid City for the Summers Night Festival; and charge a one-time setup fee of $375; and waive the weekly fee for the banner poles on Main Street and St. Joseph Street. Alderman Johnson pointed out that there are other organizations that also operate with limit funds; and suggested the Council apply the policy fairly to all groups requesting the use of the banner poles. Alderman Olson pointed out that the banner policy permits banners to be up for only a two-week period. She asked the Council to support and enforce the banner policy. Alderman Kooiker offered support believing the compromise to be reasonable; but offered a word of caution about the possibility of off-premise advertising. Alderman Okrepkie offered support of the request suggesting there are groups interested in revitalizing downtown. He asked for approval of this first time event and suggested that future festivals should be self-sufficient. He also suggested there is no off-premise advertising but merely a logo on the banner. Second substitute motion was made by Chapman to approve the request for the dollar amount, that if they have to come down because someone else wants to put some up and are willing to pay, then the group incurs the costs; and that the Council revisits the policy or resolution that was created for the banner poles. City Attorney Green advised the Council that the second substitute motion is out of order because it is substantially the same as the first substitute motion. He advised the Council that the request to review the banner policy be a separate motion. The Chair restated the second substitute motion to approve the placement of banners in downtown Rapid City for the Summers Night Festival; charge the setup fee of $375; but in the event that someone else requests the use of the banner poles, that they would pay an additional $375 every time the banners come down and go back up. Upon a roll call vote on the second substitute motion, the following voted AYE: Chapman, Weifenbach, Olson, Kroeger, Kooiker, Johnson, and Hadcock; NO: LaCroix, Hurlbut, and Okrepkie. Motion carried. The Chair recommended referring the historic lamp posts to the Legal Finance Committee to establish a policy relating to banners; whereupon Olson moved, seconded and carried to approve.


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Bids The following companies submitted bids for (No. CC060208-02.1), Well No. 6 Pump Replacement Project No. W08-1724 / CIP No. 50724 opened May 27, 2008: Water System Drilling, Inc., Layne-Western, a division of Layne Christensen Company and Weston Engineering, Inc. Staff reviewed the bids and recommends the bid award to Water System Drilling, Inc. Motion was made by Johnson, seconded and carried to approve the bid award for Well No. 6 Pump Replacement Project No. W08-1724 to the lowest responsible bidder meeting specifications, Water System Drilling, Inc. for the low unit prices bid for a total contract amount of $44,751.90. The following companies submitted bids for (No. CC060208-02.2), Vacuum Street Sweeper for Street Division opened May 27, 2008: Sheehan Mack Sales & Equipment and Northern Truck Equipment Corp. Staff reviewed the bids and recommends the bid award to Sheehan Mack Sales & Equipment. Motion was made by LaCroix, seconded and carried to approve the bid award for Vacuum Street Sweeper to the lowest responsible bidder meeting specifications, Sheehan Mack Sales & Equipment for the low unit prices bid of $225,562, less trade-in of $30,000 for a total contract amount of $195,562. The following companies submitted bids for (No. CC060208-02.3), Tandem Dump Truck for Water Division opened May 27, 2008: Sanitation Products, Inc., Northern Truck Equipment Corp., and Eddie’s Truck Sales, Inc. Staff reviewed the bids and recommends the bid award to Eddie’s Truck Sales, Inc. Motion was made by LaCroix, seconded and carried to approve the bid award for Tandem Dump Truck to the lowest responsible bidder meeting specifications, Eddie’s Truck Sales, Inc. for the low unit prices bid of $97,363.00, less trade-in of $6,000 for a total contract amount of $91,363. The following companies submitted bids for (No. CC060208-02.4), Tandem Dump Truck with Plow for Street Division opened May 27, 2008: Sanitation Products, Inc., Northern Truck Equipment Corp., and Eddie’s Truck Sales, Inc. Staff reviewed the bids and recommends the bid award to Eddie’s Truck Sales, Inc. Motion was made by LaCroix, seconded and carried to approve the bid award for Tandem Dump Truck with Plow to the lowest responsible bidder meeting specifications, Eddie’s Truck Sales, Inc. for the low unit prices bid of $110,200, less trade-in $5,500 for a total contract amount of $104,700. The following companies submitted bids for (No. CC060208-02.5), Two (2) Sander Trucks with Plow for Street Division opened May 27, 2008: Sanitation Products, Inc., Northern Truck Equipment Corp., West River Internationals, Inc., and Eddie’s Truck Sales, Inc. Staff reviewed the bids and recommends the bid award to Sanitation Products, Inc. Motion was made by LaCroix, seconded and carried to approve the bid award for Sander Trucks with Plow to the lowest responsible bidder meeting specifications, Sanitation Products, Inc. for the low unit prices bid for a total contract amount of $231,046.72. Council Items & Liaison Reports Alderman Okrepkie reported that there is interest from the community in having the Journey Museum exhibit a planetarium. There is also interest in a traveling planetarium that the Journey Museum can bring to Rapid City and exhibit in the downtown area.


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Alderman Chapman reported that the Floodplain Development Policy Committee, after discussing policy and regulations, and receiving recommendations from Parks and Recreation, will host a public meeting on Monday, June 9, 2008 at seven o’clock at the Journey Museum to receive public comment on the recommendations formulated by the Committee. Staff Items Public Works Director Ellis gave a (No. CC060208-03), brief Vision 2012 Update noting the zero balances for completed projects and adjustments made for projects in progress. Motion was made by Okrepkie, seconded and carried to acknowledge the update. Appeals -- Sign Code Appeals Motion was made by Johnson, seconded and carried 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; and (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 August 18, 2008 Council meeting. PUBLIC HEARING ITEMS – Items 94 – 270 Motion was made by Okrepkie, seconded and carried to open the public hearing on items 94 – 270. No comments were offered. CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 94 - 132 The following items were removed from the Continued Public Hearing Consent Items: 127. No. 08SV029 - A request by Sperlich Consulting, Inc. for Orthopedic Building Partnership for a Variance to the Subdivision Regulations to waive the requirement to install Water, sewer, curb, gutter, sidewalk, and street light conduit along S.D. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1R, 5R and 6 of Old Rodeo Subdivision, formerly Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 7220 South Highway 16 and 7111 Jordan Drive. Motion was made by Okrepkie, seconded and carried to approve the following items as they appear on the Continued Public Hearing Consent Items. Continue the following items until June 16, 2008: 94. No. 06PL090 - A request by Dream Design International to consider an application 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


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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, more generally described as being located east of the intersection of Elk Vale Road and Old Folsom Road.

95. No. 07PL067 - A request by Whittingham & Lestrange, LPI to consider an application 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 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, more generally described as being located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

96. 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.

97. 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.

98. 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.


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99. No. 07SV026 - A request by Whittingham & Lestrange, LPI to consider an application 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, more generally described as being located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

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

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

101. No. 08CA009 - A request by Dream Design International, Inc. for an Amendment to the

Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a portion of the E½ of the SW¼ of the NW¼, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 3 of Block 4 of Big Sky Business Park, common to the southeasterly corner of Lot 2 of Block 4 of Big Sky Business Park, and the point of beginning, Thence, first course: S89º47’32”E, along the southerly boundary of said Lot 3 of Block 4, a distance of 199.60 feet, to the southeasterly corner of said Lot 3 of Block 4; Thence, second course: S89º44’39”E, a distance of 30.00 feet; Thence, third course: S00º06’50”W, a distance of 1025.13 feet, to a point on the northerly boundary of Tract A of F & N Subdivision; Thence, fourth course: N89º48’13”W, along the northerly boundary of said Tract A, a distance of 229.83 feet; Thence, fifth course: N00º07’35”E, a distance of 1025.15 feet, to the southwesterly corner of said Lot 3 of Block 4, common to the southeasterly corner of said Lot 2 of Block


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3, and the point of beginning, located east of Elk Vale Road and west of Degeest Drive and south of Berniece Street.


Adopted Comprehensive Plan to change the land use designation from General Commercial with a Planned Commercial Development to Public on a portion of Tract A of F & N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S89º48’53”E, along the northerly boundary of said Tract A, a distance of 168.32 feet; Thence, second course: S20º15’16”E, a distance of 114.68 feet; Thence, third course: S00º07’35”W, a distance of 571.08 feet; Thence, fourth course: N85º25’19”W, a distance of 207.67 feet, to a point on the westerly boundary of said Tract A; Thence, fourth course: N00º01’18”E, along the westerly boundary of said Tract A, a distance of 662.63 feet, to the northwesterly corner of said Tract A, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Street.


Comprehensive Plan to change the future land use designation from Office Commercial with a Planned Commercial Development to Public on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 2 of Block 2 of Neff’s Subdivision, and the point of beginning; Thence, first course: N85º25’19”W, a distance of 207.00 feet; Thence, second course: N00º07’35”E, a distance of 571.08 feet; Thence, third course: S20º15’16”E, a distance of 592.63 feet; Thence, fourth course: S00º09’08”W, a distance of 31.62 feet, to the northwesterly corner of said Lot 2 of Block 2 of Neff’s Subdivision, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.


Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Public on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 1 of Block 1 of Neff’s Subdivision, and to the point of beginning, Thence, first course: N13º51’21”W, a distance of 205.16 feet, to a point on the westerly boundary of Tract A of F & N Subdivision; Thence, second course: S85º25’19”E, a distance of 207.67 feet; Thence, third course: S27º32’45”W, a distance of 198.25 feet, to a point on the northerly boundary of said Lot 1; Thence, fourth course: S84º06’34”W, along the northerly boundary of said Lot 1, a distance of 66.55 feet, to the northwesterly corner of Lot 1 of Block 1 of Neff’s Subdivision, and to the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.


Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Office Commercial with a Planned Commercial Development on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the


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northeasterly of Tract B of Neff’s Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S89º44’04”E, along the westerly boundary of said Tract A, a distance of 112.99 feet, to a corner on the westerly boundary of said Tract A; Thence, second course: S13º51’21”E, a distance of 205.16 feet, to the northwesterly corner of Block 1 of Neff’s Subdivision V, common to a point on the southerly boundary of said Tract A; Thence, third course: S00º07’01”W, along the southerly boundary of said Tract A, common to the westerly boundary of said Block 1, a distance of 148.23 feet, to a point on the southerly boundary of said Tract A; Thence, fourth course: N89º39’33”W, along the southerly boundary of said Tract A, a distance of 164.80 feet, to the southwesterly corner of said Tract A, common to the easterly boundary of said Tract B; Thence, fifth course: N00º29’28”E, along the westerly boundary of said Tract A, common to the easterly boundary of said Tract B, a distance of 346.97 feet, to the northeasterly of Tract B of Neff’s Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, located east of the northern terminus of Jolly Lane and west of Sweetbriar Street.


Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to Low Density Residential on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 6 of Block 1 of Neff’s Subdivision No. 2, and the point of beginning, Thence, first course: S89º55’24”W, a distance of 30.00 feet; Thence, second course: N00º04’43”E, a distance of 8.38 feet; Thence, third course: curving to the left, on a curve with a radius of 288.00 feet, a delta angle of 20º19’59”, a length of 102.21 feet, a chord bearing of N10º05’17”W, and chord distance of 101.67 feet; Thence, fourth course: N20º15’16”W, a distance of 5.25 feet; Thence, fifth course: N69º44’43”E, a distance of 50.69 feet; Thence sixth course: curving to the right, on a curve with a radius of 400.00 feet, a delta angle of 20º23’26”, a length of 142.35feet, a chord bearing of N79º56’27”E, and chord distance of 141.60 feet; Thence, seventh course: S89º51’50”E, a distance of 98.10 feet, to a point on the section 1/16th line; Thence, eighth course: S00º06’38”W, along the section 1/16th line, a distance of 155.91 feet, to a point on the northerly boundary of Block 1 of Neff’s Subdivision No. 2; Thence, ninth course: N89º52’44”W, along the northerly boundary of said Block 1 of Neff’s Subdivision No. 2, a distance of 235.17 feet, to the northwesterly corner of said Lot 6 of Block 1 of Neff’s Subdivision No. 2, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

107. No. 08PL030 - A request by Dream Design International Inc. to consider an application

for a Preliminary Plat on Lots 1-8 of Block 1 and 2; Lots 1-33 of Block 3; Tracts A, B, C and D of Block 4; and the Drainage Lot 1, Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.


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108. No. 08PL036 - A request by Joe Muth for Doeck, L.L.C. for a Layout Plat on Lot 1 of Block 10 of Auburn Hills Subdivision, located in the NE1/4 NE1/4, less the east 33 feet, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance, located in the NE1/4 NE1/4, less the east 33 feet, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Bunker Drive.

109. No. 08PL038 - A request by Sperlich Consulting, Inc. for TK Engesser Investments, LLC

for a Preliminary Plat on Lots 1 thru 4 of Engessor Subdivison, located in the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located southwest of the intersection of South Dakota Highway 44 and Radar Hill Road.

110. No. 08PL051 - A request by Fisk Land Surveying & Consulting Engineers for Donald and

Christine Potts for a Preliminary Plat on Lots 2A, 2B and 2C of Lot 2 of Potts Subdivision, formerly Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Covenant Drive.


Lots 2A, 2B and 2C of Block 3 of Rushmore Crossing, formerly Lots 2 and 3 of Rushmore Crossing, located in the S1/2 of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2 and 3 of Block 3 of Rushmore Crossing, located in the S1/2 of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north side of Eglin Street.

112. No. 08PL055 - A request by Advanced Engineering for David M. Grundstrom for a

Preliminary Plat on Lots 1 of Lot B3 and Lot 2 of B3 of Parcel B of MJK Subdivision, formerly Lot B3 of Parcel B of the MJK Subdivision located in the NW1/4 of the SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B3 of Parcel B of the MJK Subdivision located in the NW1/4 of the SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 4045 Derby Lane.

113. No. 08PL061 - A request by Kadrmas, Lee and Jackson for Speedway Enterprises, LLC

for a Layout Plat on Lots 1 and 2 of Race Track Subdivision, formerly the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section


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10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of East S.D. Highway 44 and Jolly Lane.

114. No. 08PL064 - A request by FMG, Inc. for Pat Tlustos for a Preliminary Plat on Lots 6

thru 8 of Block 2 of I-90 Heartland Business Park and dedicated public right-of-way shown as Rearden Court all located in the SE1/4 of Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the S½ of SE¼ of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more particularly described as follows: Commencing at a point which is a 5/8” rebar with survey cap marked “FMG Inc. LS SD 6119” marking the northwest corner of Lot 1 of Block 7 of I-90 Heartland Business Park; Thence N26º45'42"E a distance of 608.43’, more or less, to a point; Thence S89º57’07”E a distance of 370.00’, more or less, to a point; Thence S72º38’37”E a distance of 162.98’, more or less, to a point; Thence S55º39’21”E a distance of 878.48’, more or less, to a point; Said point being on the section line between Section 21, T2N, R8E, BHM and Section 28, T2N, R8E, BHM; Thence N89º57’07”W a distance of 1524.86’, more or less, to the point of beginning, located west of Elk Vale Road and north of Seger Drive.


Lots 1 thru 20 of Block 1, located in portions of the E1/2 NW1/4 and the NE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as located in the E1/2 NW1/4 and the NE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Copperfield Drive.


Lots 1 thru 3 of Block 1 of the Gateway Subdivision, located in the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted portion of the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Interstate 90 and south of East Mall Drive.

117. No. 08RZ007 - Second Reading, Ordinance No. 5381, An Ordinance Amending Section

17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from Office Commercial District to General Commercial District on a portion of the E½ of the SW¼ of the NW¼, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 3 of Block 4 of Big Sky Business Park, common to the southeasterly corner of Lot 2 of Block 4 of Big Sky Business Park, and the point of beginning, Thence, first course: S89º47’32”E, along the southerly boundary of said Lot 3 of Block 4, a distance of 199.60 feet, to the southeasterly corner of said Lot 3 of Block 4; Thence, second course: S89º44’39”E, a distance of 30.00 feet; Thence, third course: S00º06’50”W, a distance of 1025.13 feet, to a point on the northerly boundary of Tract A of F & N Subdivision; Thence, fourth course: N89º48’13”W, along the northerly boundary of said Tract A, a distance of 229.83 feet; Thence, fifth course: N00º07’35”E, a distance of 1025.15 feet, to the southwesterly corner of said Lot 3 of Block 4, common to the southeasterly corner of said Lot 2 of Block 3, and the point of beginning, located east of Elk Vale Road and west of Degeest Drive and south of Berniece Street.


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118. No. 08RZ008 - Second Reading, Ordinance No. 5382, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Public District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S89º48’53”E, along the northerly boundary of said Tract A, a distance of 168.32 feet; Thence, second course: S20º15’16”E, a distance of 707.30 feet; Thence, third course: S00º09’08”W, a distance of 31.62 feet, to the northwesterly corner of Block 2 of Neff’s Subdivision No. 2; Thence, fourth course: N85º25’19”W, a distance of 414.67 feet, to a point on the westerly boundary of said Tract A; Thence, fifth course: N00º01’18”E, along the westerly boundary of said Tract A, a distance of 662.63 feet, to the northwesterly corner of said Tract A, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.


17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from Low Density Residential District to Public District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner Block 2 of Neff’s Subdivision No.2, and the point of beginning, Thence, first course: S00º14’20”W, along the westerly boundary of said Block 2, a distance of 128.02 feet, to the northeasterly corner of Block 1 of Neff Subdivision V; Thence, second course: S84º01’28”W, along the northerly boundary of said Block 1, a distance of 365.67 feet, to the northwesterly corner of said Block 1; Thence, third course: N13º51’21”W, a distance of 205.16 feet, to a corner on the westerly boundary of Tract A of F & N Subdivision; Thence, fourth course: S85º25’19”E, a distance of 414.67 feet, to the northwesterly corner Block 2 of Neff’s Subdivision No.2, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.


17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from Low Density Residential District to Office Commercial District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly of Tract B of Neff’s Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S89º44’04”E, along the westerly boundary of said Tract A, a distance of 112.99 feet, to a corner on the westerly boundary of said Tract A; Thence, second course: S13º51’21”E, a distance of 205.16 feet, to the northwesterly corner of Block 1 of Neff’s Subdivision V, common to a point on the southerly boundary of said Tract A; Thence, third course: S00º07’01”W, along the southerly boundary of said Tract A, common to the westerly boundary of said Block 1, a distance of 148.23 feet, to a point on the southerly boundary of said Tract A; Thence, fourth course: N89º39’33”W, along the southerly boundary of said Tract A, a distance of 164.80 feet, to the southwesterly corner of said Tract A, common to the easterly boundary of said Tract B; Thence, fifth course: N00º29’28”E, along the westerly boundary


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of said Tract A, common to the easterly boundary of said Tract B, a distance of 346.97 feet, to the northeasterly of Tract B of Neff’s Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, located east of the northern terminus of Jolly Lane and west of Sweetbriar Street.


17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Office Commercial District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Tract A of F & N Subdivision, thence S89º48’53”E, along the northerly boundary of said Tract A, a distance of 168.32 feet, to the point of beginning; Thence, first course: S89º47’42”E, along the northerly boundary of said Tract A, a distance of 701.98 feet, to section 1/16th corner; Thence, second course: S00º06’38”W, along the section 1/16th line, a distance of 537.65 feet; Thence, third course: N89º51’50”W, a distance of 98.10 feet; Thence, fourth course: curving to the left, on a curve with a radius of 400.00 feet, a delta angle of 20º23’26”, a length of 142.35 feet, a chord bearing of S79º56’27”W, and chord distance of 141.60 feet; Thence, fifth course: S69º44’43”W, a distance of 50.69 feet; Thence, sixth course: S20º15’16”E, a distance of 5.25 feet; Thence, seventh course: curving to the right, on a curve with a radius of 288.00 feet, a delta angle of 20º19’59”, a length of 102.21 feet, a chord bearing of S10º05’17”E, and chord distance of 101.67 feet; Thence, eighth course: S00º04’43”W, a distance of 8.38 feet, to a point on the southern boundary of said Tract A; Thence, ninth course: S89º55’23”W, along the southerly boundary of said Tract A, a distance of 29.49 feet, to the northeasterly corner of Block 2 of Neff’s Subdivision No. 2; Thence, tenth course: N89º50’11”W, along the southerly boundary of said Tract A, common to the northerly boundary of said Block 2, a distance of 161.21 feet, to the a southerly corner of said Tract A, common to the northwesterly corner of said Block 2; Thence, eleventh course: N00º09’08”E, a distance of 31.62 feet; Thence, twelfth course: N20º15’16”W, a distance of 707.30 feet, to a point on the northerly boundary of said Tract A, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.


17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Low Density Residential District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly corner of Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S00º07’40”W, a distance of 25.77 feet, to the northwesterly corner of Block 12 of Big Sky Subdivision; Thence, second course: S00º07’40”W, along the westerly boundary of said Block 12, a distance of 144.58 feet; Thence, third course: S71º37’02”W, along the westerly boundary of said Block 12, common to the easterly boundary of said Tract A, a distance of 14.49 feet; Thence, fourth course: S40º22’12”E, along the westerly boundary of said Block 12, a distance of 920.50 feet; Thence, fifth course: S18º55’40”E, along the westerly boundary of said Block 12, a distance of 55.05 feet; Thence, sixth course: S22º39’24”E, along the westerly boundary of said Block 12, a distance of 54.51 feet; Thence, seventh course: S05º44’23”E, along the westerly boundary of said Block 12, a distance of 47.63 feet;


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Thence, eighth course: N89º57’36”E, along the westerly boundary of said Block 12, a distance of 92.82 feet, to the northwesterly corner of Lot 1 of Block 10 of Big Sky Subdivision; Thence, ninth course: S00º00’05”W, along the westerly boundary of said Lot 1 of Block 10, a distance of 115.16 feet, to the southwesterly corner of said Lot 1 of Block 10; Thence, tenth course: S00º00’05”W, a distance of 52.00 feet, to the northwesterly corner Lot 1 of Block 9 of Big Sky Subdivision; Thence, eleventh course: S00º00’05”W, along the westerly boundary of said Lot 1 of Block 9, a distance of 134.71 feet, to a point on the southwesterly corner of said Lot 1 of Block 9; Thence, twelfth course: N89º47’43”W, along the northerly boundary of Lot 31 of Degeest Subdivision, a distance of 252.04 feet, to the northwesterly corner of said Lot 31 of Degeest Subdivision; Thence, thirteenth course: N89º47’43”W, a distance of 63.00 feet, to the northeasterly boundary of Block 1 of Mack Subdivision; Thence, fourteenth course: N89º47’43”W, along the northerly boundary of said Block 1 of Mack Subdivision, a distance of 399.97 feet, to the northwesterly corner of said Block 1 of Mack Subdivision; Thence, fifteenth course: N00º12’35”E, a distance of 631.94 feet, to the northeasterly corner Block 1 of Neff’s Subdivision No. 2; Thence, sixteenth course: N89º52’44”W, along the northerly boundary of said Block 1 said Neff’s Subdivision No. 4, a distance of 468.56 feet, to the northwesterly corner of said Block 1 of Neff’s Subdivision No. 2; Thence, seventeenth course: S89º55’24”W, a distance of 30.00 feet; Thence, eighteenth course: N00º04’43”E, a distance of 8.38 feet; Thence, nineteenth course: curving to the left, on a curve with a radius of 288.00 feet, a delta angle of 20º19’59”, a length of 102.21 feet, a chord bearing of N10º05’17”W, and chord distance of 101.67 feet; Thence, twentieth course: N20º15’16”W, a distance of 5.25 feet; Thence, twenty-first course: N69º44’43”E, a distance of 50.69 feet; Thence twenty-second course: curving to the right, on a curve with a radius of 400.00 feet, a delta angle of 20º23’26”, a length of 142.35 feet, a chord bearing of N79º56’27”E, and chord distance of 141.60 feet; Thence, twenty-third course: S89º51’50”E, a distance of 98.10 feet, to a point on the section 1/16th line; Thence, twenty-fourth course: N00º06’38”E, along the section 1/16th line, a distance of 537.65 feet, to the section 1/16th corner, common to a point on the northerly boundary of said Tract A; Thence, twenty-fifth course: S89º48’43”E, along the northerly boundary of said Tract A, a distance of 226.22 feet, to the northeasterly corner of Tract A of F & N Subdivision, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

123. No. 08SV007 - A request by Craig and Tamara Mestad for a Variance to the

Subdivision Regulations to waive the requirement to install, curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Sammis Trail and Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B C and D of Tract 20 of Highview Subdivision, located in the SE1/4 NE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 20 of Highview Subdivision, NE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1445 Sammis Trail.

124. No. 08SV014 - A request by Dream Design International Inc. to consider an application

for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Sweetbriar Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1-8 of Block 1 and 2; Lots 1-33 of Block 3; Tracts A, B, C and D of Block 4; and the Drainage Lot 1, Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E,


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BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

125. No. 08SV024 - A request by Fisk Land Surveying & Consulting Engineers for Donald and

Christine Potts for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and street light conduit along Catron Boulevard and Covenant Drive and to waive the requirement to install pavement, curb, gutter, water, sewer, sidewalk and street light conduit and dedicate Right-of-way along the section line Right-of-way and to waive sidewalk along a portion of Covenant Drive as per Chapter 16 of the Rapid City Municipal Code on Lots 2A, 2B and 2C of Lot 2 of Potts Subdivision, formerly Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Covenant Drive.

126. No. 08SV028 - A request by Kadrmas, Lee and Jackson for Speedway Enterprises, LLC

for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Race Track Subdivision, formerly the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of East S.D. Highway 44 and Jolly Lane.

128. No. 08SV030 - A request by Dream Design International, Inc. for a Variance to the

Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer and to reduce the width of the access easement from 59 feet to 26 feet; to waive the requirement to install sidewalk along the north side of East Mall Drive; to waive the requirement to install asphalt, curb, gutter, sidewalk, street light conduit, water, sewer and additional right-of-way along Beale Street; and, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3 of Block 1 of the Gateway Subdivision, located in the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted portion of the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Interstate 90 and south of East Mall Drive.

Continue the following items until July 7, 2008: 129. No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of

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


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

130. No. 08PL016 - A request by Renner & Associates for Pete Lien and Sons for a

Preliminary Plat on Lots 1 thru 2 of Keller Subdivision and Tract 1 of Schaeferville Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of the NE1/4; Lot 1 of Limestone Tunnel Subdivision; Lot B of the NW1/4 of the NE1/4; Lots 1 thru 3 of Block 1 and vacated Feist Road of Feist Addition; Lots 1 thru 4 of Lot 1 of the NE1/4 of the NE1/4; Lot A, Lots 1 thru 6 of Lot B, and a Subdivision of Lot1C; Lot X and Y, a Subdivision of Lot 1D: Lots A, B, and C of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located north and south of Universal Drive and west of Sturgis Road.

131. No. 08SV010 - A request by Renner & Associates for Pete Lien and Sons for a Variance

to the Subdivision Regulations to waive the requirement to construct curb, gutter, sidewalk, street light conduit, water, sewer and to waive the requirement to dedicate additional Right-of-way and pavement along Sturgis Road and the Section Line Right-of-way, Neiger Court, Zenker Place and in the access easements as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Keller Subdivision and Tract 1 of Schaeferville Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of the NE1/4; Lot 1 of Limestone Tunnel Subdivision; Lot B of the NW1/4 of the NE1/4; Lots 1 thru 3 of Block 1 and vacated Feist Road of Feist Addition; Lots 1 thru 4 of Lot 1 of the NE1/4 of the NE1/4; Lot A, Lots 1 thru 6 of Lot B, and a Subdivision of Lot1C; Lot X and Y, a Subdivision of Lot 1D: Lots A, B, and C of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located north and south of Universal Drive and west of Sturgis Road.

132. No. 08VE005 - A request by Renner & Assoc. for Pete Lien & Sons for a Vacation of

Access Easement on the 50 foot wide Access Easement, located in the SE1/4 NE1/4, Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located southwest of the intersection of Zenker Place and Sturgis Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS Motion was made by LaCroix, seconded and carried that (No. 08SV029), a request by Sperlich Consulting, Inc. for Orthopedic Building Partnership for a Variance to the Subdivision Regulations to waive the requirement to install water, sewer, curb, gutter, sidewalk, and street light conduit along U.S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1R, 5R and 6 of Old Rodeo Subdivision, formerly Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 5 of Old Rodeo Subdivision, located in the NW1/4 of the SW1/4 and the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 7220 South Highway 16 and 7111 Jordan Drive with the following stipulations: 1. Prior to City Council


46

approval, the applicant shall sign a waiver of right to protest any future assessment for the improvements; 2. Prior to submittal of a Final Plat application, an agreement shall be recorded at the Register of Deed's Office stating that no building permits shall be issued for the adjacent property to the south until adequate sewer capacity is demonstrated to serve the property; and, 3. Prior to approval of a Final Commercial Development Plan for the adjacent property to the south, a sanitary sewer study and sanitary sewer construction plans shall be submitted for review and approval. Motion was made by Okrepkie, seconded and carried to close the public hearing on items 94 – 270. CONSENT PUBLIC HEARING ITEMS – Item 133 - 266 The following item was removed from the Consent Public Hearing Items: 144. Doyle Estes dba High Plains Securities (inactive), 4030 Cheyenne Blvd. for Retail (On-

Off Sale) Malt Beverage License with Video Lottery 152. SD Vending, Inc. dba Happy Jack’s East, 909 E. St. Patrick Street for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 153. SD Vending, Inc. dba Happy Jack’s Downtown, 713 Omaha Street for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 154. SD Vending, Inc. dba Happy Jack’s Cambell Street, 1601 Cambell Street for Retail (On-

Off Sale) Malt Beverage License with Video Lottery 155. SD Vending, Inc. dba Happy Jack’s, Too, 909 St. Patrick Street for Retail (On-Off Sale)

Malt Beverage License with Video Lottery 156. Omaha Players Company dba Happy Jack’s Omaha Street, 1109 W. Omaha Street for

Retail (On-Off Sale) Malt Beverage License with Video Lottery 157. SD Vending, Inc. dba Happy Jack’s West, 1925 W. Main Street for Retail (On-Off Sale)

Malt Beverage License with Video Lottery 158. SD Vending, Inc. dba Happy Jack’s Valley, 747 Timmons Blvd., Ste. B for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 185. Doyle Estes dba High Plains Securities, 4030 Cheyenne Blvd. for Retail (On-Off Sale)

Malt Beverage License with Video Lottery 256. Safeway Stores 46, Inc. dba Safeway No. 1554, 730 Mt. View Road for Package (Off

Sale) Malt Beverage License Motion was made by Okrepkie, seconded and carried to approve the Consent Public Hearings Items. Alcohol Licenses 2008 – 2009 Retail (On-Off Sale) Malt Beverage License with Video Lottery 133. Wal-East Development, Inc. dba Jackpot Casino II, 685 "C" LaCrosse Street for Retail

(On-Off Sale) Malt Beverage License with Video Lottery 134. Angie’s, Inc. dba Angie’s, 1028 East North Street for Retail (On-Off Sale) Malt Beverage

License with Video Lottery 135. MG Oil Company dba BP Casino, 609 Mt. View Road, Ste. C-1 for Retail (On-Off Sale)

Malt Beverage License with Video Lottery


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

160. Michael Wieseler dba Horseshoe Bar, 1407 1/2 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

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

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

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

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

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

167. CHAS, Inc. dba Jackpot West II, 2144 Jackson Blvd., Ste. 4 for Retail (On-Off Sale) Malt Beverage License with Video Lottery


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168. Carolyn's Casinos, Inc. dba Carolyn's Too, 1141 Deadwood Avenue, Ste. 2 for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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

194. Bosselman, Inc. of South Dakota dba Bosselman Travel Center, 2783 Deadwood Avenue for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

196. Ken-Ben, Inc. dba 8th Street Lounge, 2201 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

2008 – 2009 Retail (On-Off Sale) Malt Beverage License NOT ELIGIBLE Video Lottery 197. Black Hills Amateur Baseball dba Amateur Baseball, McKeague Field for Retail (On-Off

Sale) Malt Beverage License No Video Lottery 198. Deadwood Outfitter, Inc. dba Deadwood Outfitter, 2820 Harley Drive for Retail (On-Off

Sale) Malt Beverage License No Video Lottery 199. Botticelli Ristorante dba Botticelli Ristorante, 523 Main Street for Retail (On-Off Sale)

Malt Beverage License No Video Lottery 200. Central States Fair, Inc. dba Central States Fair, 800 San Francisco Street for Retail (On-

Off Sale) Malt Beverage License No Video Lottery 201. Mae Jean Adams dba The Corn Exchange, 727 Main Street for Retail (On-Off Sale) Malt

Beverage License No Video Lottery 202. Barbecsul, Inc. dba Executive Golf Course, 200 12th Street for Retail (On-Off Sale) Malt

Beverage License No Video Lottery 203. GF Pizza, Inc. dba Godfathers Pizza, 110 Cambell Street for Retail (On-Off Sale) Malt

Beverage License No Video Lottery 204. Dan T. Ly dba Golden Fortune, 1204 East North Street for Retail (On-Off Sale) Malt

Beverage License No Video Lottery 205. S & Y, Inc. dba The Golden Phoenix, 2421 West Main for Retail (On-Off Sale) Malt

Beverage License No Video Lottery 206. Yeung, Inc. dba Great Wall Chinese Restaurant, 315 East North Street for Retail (On-Off

Sale) Malt Beverage License No Video Lottery 207. Century Motels, Inc. dba Howard Johnson Express Inn, 950 North Street for Retail (On-

Off Sale) Malt Beverage License No Video Lottery 208. Rhonda Berger & Jim Berger dba Ichiban, 1109 W. Omaha Street, Ste. A for Retail (On-

Off Sale) Malt Beverage License No Video Lottery 209. Yeung, Inc. dba Imperial Chinese Restaurant, 702 East North Street for Retail (On-Off

Sale) Malt Beverage License No Video Lottery 210. Museum Alliance of Rapid City dba The Journey Museum, 222 New York Street for Retail

(On-Off Sale) Malt Beverage License No Video Lottery 211. Khoury's Mediterranean Cuisine, Inc. dba Khoury's Mediterranean Cuisine, 2520 West

Main Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery 212. Los Espinos LLC dba LaCosta Mexican Restaurant, 603 Omaha Street for Retail (On-Off

Sale) Malt Beverage License No Video Lottery 213. Barbecsul, Inc. dba Sandtrap Grill & Bar, 3625 Jackson Blvd. for Retail (On-Off Sale)

Malt Beverage License No Video Lottery 214. Northcott Company dba Perkins Restaurant, 2305 Mt. Rushmore Road for Retail (On-Off

Sale) Malt Beverage License No Video Lottery 215. Northcott Company dba Perkins Restaurant, 1715 N. LaCrosse for Retail (On-Off Sale)

Malt Beverage License No Video Lottery


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216. Walter Banovil dba Picasso Barn Pizzeria, 325 Omaha Street, Suite 6 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

217. Piesano’s Pacchi, Inc. dba Piesano’s, 3618 Canyon Lake Drive, #121 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

218. Black Hills QMG, LLC dba Qdoba, 741 Mt. View Road for Retail (On-Off Sale) Malt Beverage License No Video Lottery

219. Delmonico Grill dba Delmonico Grill, 609 Main Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

220. City of Rapid City dba Rushmore Plaza Civic Center, 444 N. Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License No Video Lottery

221. Mai T. Goodsell dba Saigon Restaurant, 221 East North Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

222. Chris Emme, Lee Ann Emme, Jenneye Sartorius dba S & E Investments, 3300 N. Deadwood Avenue for Retail (On-Off Sale) Malt Beverage License No Video Lottery

223. BH Food Services, Inc. dba Fuddruckers (Rushmore Mall), 2200 N. Maple Avenue, #330 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

224. Atlantis LLC dba Watiki Indoor Water Park Resort / Fairfield Inn & Suites by Marriott, 1314 N. Elk Vale Road for Retail (On-Off Sale) Malt Beverage License No Video Lottery

225. World Class Golf, Inc. dba World Class Golf, 5622 Sheridan Lake Road, #105 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

226. Leading Edge Management, LLC dba Buffalo Wings and Rings, 5622 Sheridan Lake Road for Retail (On-Off Sale) Malt Beverage License No Video Lottery

227. Hotel Management Co. Inc dba Alex Johnson Hotel, 523 Sixth Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

228. Orris Enterprises, Inc. dba Vino 100, 520 7th Street, Ste. 520 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

229. Black Hills Coffee Company dba Black Hills Coffee, 5955 So Hwy 16 Ste G for Retail (On-Off Sale) Malt Beverage License No Video Lottery

230. Wine Cellar Restaurant, LLC dba Wine Cellar Restaurant, 516 6th Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

231. Chrisbro LLC dab Hampton Inn, 1720 Rapp Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

2008 – 2009 Package (Off Sale) Malt Beverage License 232. Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for Package (Off

Sale) Malt Beverage License 233. Fuel Food Mart, Inc. dba Amoco Food Shop No. 4, 901 East North Street for Package

(Off Sale) Malt Beverage License 234. Fuel Food Mart, Inc. dba Amoco Food Shop No. 5, 601 Mt. View Road for Package (Off

Sale) Malt Beverage License 235. MG Oil Company dba Amoco Food Shop No. 8, 302 East North Street for Package (Off

Sale) Malt Beverage License 236. MG Oil Company dba Amoco Food Shop No. 9, 1220 E. St. Patrick Street for Package

(Off Sale) Malt Beverage License 237. MG Oil Company dba Amoco Food Shop No. 10, 1818 Mt. Rushmore Road for Package

(Off Sale) Malt Beverage License 238. Big D Oil Company dba Big D Oil Co. Store #41, 1160 LaCrosse Street, for Package (Off

Sale) Malt Beverage License


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

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

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

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

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

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

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

246. MG Oil Company dba Corner Pantry, 501 Deadwood Avenue for Package (Off Sale) Malt Beverage License

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

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

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

250. Country Stores, Inc. dba BJ's St. Patrick Street, 701 E. St. Patrick Street for Package (Off Sale) Malt Beverage License

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

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

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

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

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

257. Big D Oil Company dba Big D Oil Co. #8, 2303 Jackson Blvd. for Package (Off Sale) Malt Beverage License

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

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

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

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

262. LaGrand Station, LLC dba LaGrand Station, 3851 Eglin for Package (Off Sale) Malt Beverage License

263. Moyle Petroleum dba Common Cents, 2808 Sheridan Lake Road for Package (Off Sale) Malt Beverage License


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264. Black Hills Heritage Festival for a special Wine License for an event scheduled July 3, 4, 5, & 6, 2008 in Memorial Park

265. Heartland Entertainment, LLC dba Heartland Entertainment, 262 N. Cambell Street for Retail (On-Off Sale) Malt Beverage License NO Video Lottery (continue hearing to June 16, 2008, Planning Commission must approve Conditional Use Permit)

266. World Class Golf, Inc. dba World Class Golf, 5622 Sheridan Lake Rd., #105 for Retail (On-Off Sale) Malt Beverage License NO Video Lottery TRANSFER World Class Golf, Inc. dba World Class Golf, 2130 Jackson Blvd. (continue hearing to June 16, 2008, Planning Commission must approve Conditional Use Permit)

END OF CONSENT PUBLIC HEARING CALENDAR Motion was made by Johnson, seconded and carried with Alderman LaCroix abstaining, to approve the following Uniform Alcoholic Beverage License Renewals for 2008 – 2009: 144. Doyle Estes dba High Plains Securities (inactive), 4030 Cheyenne Blvd. for Retail (On-

Off Sale) Malt Beverage License with Video Lottery 152. SD Vending, Inc. dba Happy Jack’s East, 909 E. St. Patrick Street for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 153. SD Vending, Inc. dba Happy Jack’s Downtown, 713 Omaha Street for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 154. SD Vending, Inc. dba Happy Jack’s Cambell Street, 1601 Cambell Street for Retail (On-

Off Sale) Malt Beverage License with Video Lottery 155. SD Vending, Inc. dba Happy Jack’s, Too, 909 St. Patrick Street for Retail (On-Off Sale)

Malt Beverage License with Video Lottery 156. Omaha Players Company dba Happy Jack’s Omaha Street, 1109 W. Omaha Street for

Retail (On-Off Sale) Malt Beverage License with Video Lottery 157. SD Vending, Inc. dba Happy Jack’s West, 1925 W. Main Street for Retail (On-Off Sale)

Malt Beverage License with Video Lottery 158. SD Vending, Inc. dba Happy Jack’s Valley, 747 Timmons Blvd., Ste. B for Retail (On-Off

Sale) Malt Beverage License with Video Lottery 185. Doyle Estes dba High Plains Securities, 4030 Cheyenne Blvd. for Retail (On-Off Sale)

Malt Beverage License with Video Lottery Motion was made by Okrepkie, seconded and carried with Alderman Johnson abstaining, to approve the following Uniform Alcoholic Beverage License Renewals for 2008 – 2009: 256. Safeway Stores 46, Inc. dba Safeway No. 1554, 730 Mt. View Road for Package (Off

Sale) Malt Beverage License NON-CONSENT PUBLIC HEARING ITEMS – Items 267 – 270 The Mayor presented (No. 08FV004), a request by FourFront Design, Inc. for Pennington County Housing and Redevelopment to consider an application for a Fence Height Exception to allow a fence over six feet in height in the Medium Density Residential Zoning District on Lots 1 thru 17 and vacated alley adjacent to said lots in Block 13 of Wise's Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 403 East Adams Street. Motion was made by LaCroix, seconded and carried that the Fence Height Exception to allow a fence height over four feet in the front and


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side yard setback be approved with the following stipulation: 1. That the six foot fence be relocated outside of the front yard setback along Milwaukee Street and Adams Street and the required sight distance triangles. The Mayor presented (No. 07VR005), a request by Dream Design International, Inc. to consider an application 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, more generally described as being located southeast of the intersection of Lancer Drive and Elk Vale Road. Motion was made by LaCroix, seconded and carried to deny the Vacation of Right-of-way without prejudice with the applicant’s concurrence. The Mayor presented (No. 08SV025), a request by Renner & Associates for Andrea K. Sabow for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Tracts A and B of Tower Place, (description formerly as shown in Book 57 of Deeds, Page 7057, recorded on January 26, 1995), located in the N1/2 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 E1/4 NW1/4 SW/14, Section 14, T1N, R7E, BHM, Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4, N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way for “Old U.S. Highway 16” shown on the plat filed in Highway Plat Book 2, Page 48, and bounded on the south by Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and bounded on the west by the west boundary line of said NE1/4 SW1/4, located at 1640 Skyline Ranch Road. Motion was made by LaCroix, seconded and carried to acknowledge the applicant’s request to withdrawn the application. The Mayor presented (No. 08RZ014), second reading of Ordinance No. 5391, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Public District on Lot DE of Tract 5 of Sletten Addition, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of West Nike Road and east of Cobalt Drive. Notice of hearing was published in the Rapid City Journal on May 24, 2008 and May 31, 2008. Ordinance No. 5391 having had the first reading on May 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 read the title of Ordinance No. 5391 the second time. BILLS The following bills having been audited, motion was made by Hadcock, seconded and carried to authorize the Finance Officer to issue warrants or treasurers checks, drawn on the proper funds, in payment thereof.


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South Dakota Dept of Revenue, Sales Tax Paid RPCC 5-22-08 15,478.98 South Dakota Dept of Revenue, Sales Tax Paid 5-22-08 36,364.91 South Dakota Dept of Revenue, Excise Tax Paid 5-22-08 7.60 First Administrators, claims paid 5-21-08 91,350.89 First Administrators, claims paid 5-28-08 105,591.83 Black Hills Power & Light, electricity 20,142.38 Computer Bill List 4,675,998.55 Subtotal $4,944,935.14 City of Rapid City, postage 218.56 Marlin Leasing, copier lease 15.10 Wright Express, gasoline 144.65 Total $4,945,313.45 ADDENDUM Motion was made by Johnson, seconded and carried to (No. CC060208-04), approve Travel Request for Steve Beshara and Tom Barber to attend School of Ice Technologies in Kansas City, MO, June 15 – 21, 2008 in the approximately amount of $4,305. EXECUTIVE SESSION permitted by SDCL 1-25-2 Motion was made by LaCroix, and seconded to go into Executive Session at 11:33 P.M. for the reasons permitted by SDCL 1-25-2. Motion carried. The Council came out of Executive Session at 11:41 P.M. with all members present. STAFF DIRECTION Motion was made by Johnson and seconded to direct the City Attorney to resist the motion in the Clifford matter, to authorize the City Attorney to file suit against Mr. Clifford, if necessary; and authorize the City Attorney to file suit against his attorney, Moore and Kandaras, if necessary. Motion carried. ADJOURN As there was no further business to come before the Council at this time, the meeting adjourned at 11:42 P.M. CITY OF RAPID CITY ATTEST: Mayor Finance Office (SEAL)

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