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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota

March 5, 2007 -- 7:00 P.M.

(Note, as a result of the adoption of the City Council Policies & Procedures,  the format of the agenda has changed.)

ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

ADOPTION OF AGENDA

APPROVE MINUTES of February 19, 2007, special Council of February 26, 2007, and Information Meeting of February 21, 2007

AWARDS AND RECOGNITIONS

GENERAL PUBLIC COMMENT

A time for the members of the public to discuss or express concerns to the council on any issue not on the agenda.  Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the council members present.

1.                  Allied Arts Fund Invitation

2.                  Festival of Presidents request for financial assistance

NON-PUBLIC HEARING ITEMS -- Items 3 - 90

Public Comment opened – Items 3 - 66

Public Comment closed

CONSENT ITEMS – Items 3 - 66

Remove Items from the “Consent Items” and Vote on Remaining Consent Items

Set for Hearing (April 2, 2007)

3.                  No. 07VR001 - A request by Boschee Engineering for OTS, Inc. for a Vacation of Section Line Highway on a parcel of land located in the SW1/4 of Section 22, T1N, R7E, and the NW1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Sheridan Lake Road and Wildwood Drive.

Alcoholic Beverage License Applications Set for Hearing (March 19, 2007)

4.                  Yellow Robe Enterprises, LLC dba Dacotah Liquors, 418 Knollwood Drive for a Package (Off Sale) Liquor License transfer from Clayton and Donna Mae Jerred dba Gas ‘N’ Snax, 418 Knollwood Drive

5.                  American Red Cross for a special Wine License for an event scheduled April 3, 2007 at the Elks Theatre, 512 6th Street

Public Works Committee Consent Items

6.                  No. PW010907-02 – Acknowledge the report odor issues at the Material Recovery Facility

7.                  No. PW022707-03 – Approve Change Order No. 2F for the Rushmore Plaza Civic Center Multipurpose Addition - Bid Package 1; Project No. IDP06-1555 to Heavy Constructors for an increase of $10,539.92. 

8.                  No. PW022707-04 – Approve Informal Quotation Final Change Order No. 1F for the Dahl Fine Arts Expansion / MDU Asbestos Removal; Project IDP04-1367 to L&L Insulation, Inc. for an increase of $1,264.00. 

9.                  No. PW022707-05 – Authorize staff to advertise for bids for Sheridan Lake Road PCCP Repair Project No. STCM07-1636 / CIP #50445

10.             No. PW022707-06 - Authorize staff to advertise for bids for Wonderland Drive Street and Drainage Project No. ST07-1610 / CIP #50155

11.             No. PW022707-07 - Authorize staff to advertise for bids for 2007 Mill & Overlays, Various Locations Project No. ST07-1640 / CIP #50549

12.             No. PW022707-08 – Authorize staff to advertise for bids for 2007 Downtown Pavement Repair; Project No. STCM07-1642 / CIP #50445

13.             No. PW022707-09 - Authorize staff to advertise for bids for Utility Cut Portland Cement Replacement

14.             No. PW022707-10 - Authorize staff to advertise for bids for Portable Chemical Toilet Facilities for Various City Departments at Various Locations

15.             No. PW022707-11 - Authorize staff to advertise for bids for 8” Portable Diesel Trash Pump with Suction and Discharge Hose

16.             No. PW022707-12 – Authorize the Mayor and Finance Office to sign Amendment No. 2 to the Professional Services Agreement with Advanced Utility Systems Corporation for Utility Billing System Software Project No. PW06-1593 for an amount not to exceed $6,500.00. 

17.             No. PW022707-13 – Authorize the Mayor and Finance Officer to sign Amendment No. 3 to the Professional Services Agreement with Advanced Utility Systems Corporation for Utility Billing Systems Software Project No. PW06-1593 for an amount not to exceed $9,100.00. 

18.             No. PW022707-14 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with FMG, Inc. for 2007 Quality Assurance/Quality Control Program; Project No. ST07-1609 / CIP #50637 for an amount not to exceed $20,000.00. 

19.             No. PW022707-15 – Authorize the purchase of One (1) Chevrolet Impala 4-door sedan from State Contract Item #7, Contract #14994 with Lamb Chevrolet for a cost of $15,483.00 for the Engineering Division. 

20.             No. PW022707-16 – Authorize the purchase of Two (2) 2008 Ford ½ Ton, 4x4 extended cab short box pickups from McKie Ford of Rapid City at the State Contract Item #39, Contract #14995 price of $19,991.00 each for the Engineering Division. 

21.             No. PW022707-17 – Authorize the purchase of One (1) Chevrolet Impala 4-door sedan from State Contract Item #7, Contract #14994 with Lamb Chevrolet for a cost of $15,603.00, which includes a $120.00 delivery fee for the Street Division. 

22.             No. 07VE001 – Approve a request by Tim Wishard to consider an application for a Vacation of eight foot utility and minor drainage easement on Lot 4 of Block 2 of Skyview North Subdivision in the NE1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2026 Harney Drive. 

23.             No. PW022707-19 – Approve a request by Dream Design International for authorization to prepare an H-Lot located in the SW1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the north center 1/16th corner of said Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, said corner being marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, southerly along the one-quarter 1/4 section line, S00º05’16”E, a distance of 135.90 feet, more or less, to the point of beginning, said point being marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, N90º00’00”E, a distance of 631.62 feet, more or less, to a point marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, curving to the left on a curve with a radius of 462.00 feet, a delta of 09º39’31” an arc length of 77.88 feet, and a chord bearing of N85º10’15”E and chord distance of 77.79 feet, to a point on the westerly edge of existing Concourse Drive right-of-way, said point being marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, southeasterly along the westerly edge of said Concourse Drive right-of-way and curving to the right on a curve with a radius of 438.53 feet, a delta of 09º57’02” an arc length of 76.16 feet, and a chord bearing of S07º07’13”E and chord distance of 76.06 feet, to a point on the westerly edge of existing Concourse Drive right-of-way, said point being marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, southwesterly and curving to the right on a curve with a radius of 538.00 feet, a delta of 09º17’59”, an arc length of 87.32 feet, and a chord bearing of S85º21’00”W and chord distance of 87.23 feet, to a point marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, S90º00’00”W, a distance of 631.51 feet, more or less to a point located on the one-quarter 1/4 section line of said Section 4, said point being marked by a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, northerly along said 1/4 section line, N00º05’16”W, a distance of 76.00 feet, more or less, to the point of beginning on behalf of the City of Rapid City and authorize acceptance of deeds. 

24.             No. PW022707-20 – Deny a request to authorize the preparation of and the City of Rapid City to own and maintain a Drainage Lot on a tract of land located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4, Section 4, T1N, R8E, BHM, Pennington County, South Dakota. 

Legal & Finance Committee Consent Items

25.             No. LF021407-01 – Request staff to draft an ordinance amendment for two hour parking for the south side of Columbus Street between Mt. Rushmore Road and Ninth Street plus the first four (4) spaces on the north side of Columbus Street west of Mt. Rushmore Road. 

26.             No. LF022807-01 - Acknowledge Historic Preservation Commission 2006 Annual Report. 

27.             No. LF022807-02 - Approve Resolution Recognizing Rapid City Clean-Up Day. 

28.             No. LF022807-03 – Approve appointment of Catherine Calhoon to the Beautification Committee. 

29.             No. LF022807-29 – Approve Travel Request for Lloyd LaCroix to attend National League of Cities, “The Price of Government: Budgeting for Outcomes”, Little Rock, Arkansas, April 26-28, 2007, in the Approximate Amount of $1,530. 

30.             No. LF013107-02 – Acknowledge the report from Todd Seaman, regional engineer for the Department of Transportation, regarding I-90 signage. 

31.             No. LF021407-04 – Acknowledge the report from Johnson Controls regarding HVAC/Temperature Controls Bidding Process. 

32.             Approve the Police Substation at the mall as the new office site for the A.C.E. office. 

33.             Request staff to enter into discussions with Dream Design International regarding the downtown parking revitalization plan and bring back suggestions for approval to the City Council. 

34.             No. LF022807-12 – Approve Lowry Lane & Interstate 90 Sanitary Sewer Crossing Project in the amount of $90,000 from the .16 Utility Fund with repayment to be realized from the Rushmore Crossing Tax Increment District; and contingent upon the City Attorney's Office review of the bid process for Compliance with Statutory Requirements. 

35.             Request staff and Council leadership to pursue bringing the National League of Cities/Leadership Training Institute's Leadership Summit to Rapid City in 2008. 

36.             No. LF022807-05 – Approve the Event Permit for the Festival of Presidents event to be held June 29-30, 2007, and to approve the recommendation from staff that the parade route for the June 30, 2007, parade be from East Boulevard, up Main Street to Seventh Street, and down St. Joseph Street. 

37.             No. LF022807-30 – Authorize staff to purchase one (1) 2007 Chevrolet Suburban, 4 x 4 ¾ ton vehicle under State Contract #14994 from Lamb Chevrolet, Onieda, South Dakota, in the total amount of $33,628 for the Police Department. 

38.             No. LF022807-31 – Approve Travel Request for Craig Tieszen, James Johns, and Brad Booth to attend Lifesavers Conference in Chicago, IL, March 24-26, 2007, in an approximate amount of $3,310. 

39.             No. LF022807-07 – Authorize staff to accept grant from South Dakota Hazardous Materials Emergency Preparedness for the HazMat Technician Course in Pueblo, CO, July 9-20, 2007, in the approximate amount of $3,615.35. 

40.             No. LF022807-08 –  Approve Travel Request for Dan Alfson, Jason Reitz and Scott O’Connor to attend the HazMat Technician Course in Pueblo, CO, July 9-20, 2007, in the approximate amount of $11,158.05; be covered by the above-referenced grant and a grant in the amount of $7,464 approved by Council on December 18, 2006. 

41.             No. LF022807-09 – Approve Travel Request for Randy Raue and Mark Kirchgesler to attend FDIC Conference in Indianapolis, IN, April 17-21, 2007, in the approximate amount of $2,384. 

42.             No. LF022807-27 – Authorize staff to spend up to $18,000 for the City Fireworks Display. 

43.             No. LF022807-28 – Approve Travel Request for Denise Rossum to attend ABC3 & Billing Boot Camp in Temecula, CA, March 27-28, 2007, in the approximate amount of $1,661. 

44.             No. LF022807-10 – Approve Travel Request for Terry Krause to attend ARFF Working Group Aircraft Cargo Conference in Memphis, TN from April 10-13, 2007, in an approximate amount of $1,643. 

45.             No. LF022807-11 – Approve Travel Request for Mason Short, Kevin Lewis, Jerry Shoener, and Jerry Mitchell to attend Annual South Dakota Airports Conference in Yankton, SD, March 28-30, 2007, in an approximate amount of $1,128. 

46.             No. LF022807-13 – Approve request to accept Warranty Deed for Tract H of McMahon Subdivision, located in Section Twenty-four (24), Township Two North (T2N), Range Seven East (R7E) of the Black Hills Meridian, City of Rapid City, Pennington County, South Dakota and designate the same as park land. 

47.             No. LF022807-26 – Acknowledge report on Rapid City 2006 population estimates. 

48.             No. 07OA003 – Deny without prejudice a request by Faulk & Foster for WWC License LLC, d/b/a Alltel to consider an application for an Ordinance Amendment to add communication towers and antennas as a Conditional Use in the Heavy Industrial and Light Industrial Zoning District by amending Chapter 17.24.030 and Chapter 17.22.030 of the Rapid City Municipal Code. 

49.             No. LF022807-14 – Authorize issuance of Request for Proposal for Actuarial Valuation Services Related to Other Post Employment Benefits (OPEB) at an estimated cost of $20,000. 

50.             Authorize Mayor and Finance Officer to sign Letter of Engagement with Casey Peterson & Associates, LTD to conduct the audit for calendar year 2007 at a cost of $30,000 with an option to renew for calendar year 2008 at a cost of $31,000 and calendar year 2009 at a cost of $32,000. 

51.             Acknowledge the following volunteers for workmen compensation purposes: Mickey Snook, James White, Patrick Coyne. 

52.             No. LF022807-16 – Request the Mayor to appoint a committee to look at employee discounts at the City’s recreational facilities and bring back a recommendation for the City Council’s consideration. 

53.             No. LF022807-25 – Approve Resolution Declaring Property Surplus for Growth Management Department. 

54.             No. LF022807-32 – Authorize Mayor and Finance Officer to sign IronPlanet Equipment Listing Request Form. 

55.             No. LF022807-17 – Approve Travel Request for David McFarland to attend NAFA’s Fleet Management Institute Conference in Houston, TX, from May 4-9, 2007, in an approximate amount of $2,275.85. 

56.             No. LF022807-18 – Approve Travel Request for Teresa Bultsma to attend the Biological Nutrient Removal Short Course in Denver, CO. May 15-17 in the approximate amount of $1,686. 

57.             No. LF022807-19 – Approve request for extended ice season at the Roosevelt Park Ice Arena. 

58.             No. LF011007-28 – Refer Ordinance No. 5244 Amending the Rapid City Economic Development and Civic Improvements Fund to Implement a Continuous Five Year Plan by Amending Section 3.16.020 of the Rapid City Municipal Code to the next annual 2012 Committee meeting. 

59.             No. LF022807-22 – Authorize the Mayor to sign a Local Governing Body Approval letter for Teton Coalition, Inc.’s application for South Dakota Housing Development Authority (SDHDA) Low Income Housing Tax Credits. 

60.             No. LF022807-23 – Authorize Mayor and Finance Officer to sign an Agreement for Independent Contractor Services between Western South Dakota Community Action Agency and the City of Rapid City. 

61.             No. LF022807-24 – Authorize Mayor and Finance Officer to sign an Agreement for Independent Contractor Services between Hayman & Associates and the City of Rapid City. 

62.             No. LF022807-33 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and JLD Properties, LLC for the Completion of Subdivision Improvements. 

63.             No. LF022807-34 – Acknowledge raffle request from Celts of America to hold raffle on March 17, 2007. 

64.             Approve the following licenses:  Central Station Service:  HSM Electronic Protection Services, Mary E Brown; Second Hand:  I Sold It, Jamie V Al-Haj; Micro Solutions, Inc, Jamie V Al-Haj; Mobile Home Court:  NGB Investment Co., Richland Mobile Home Estates; Mollers Limited Partnership, Eastbrooke Mobile Home Park; Barker & Little LPI, Marquette Mobile Manor; Bacon & Sherman LPI, Hillsview Mobile Home Court; C & W Countryside LLC, Countryside Mobile Estates; and Wilcox & Reid LPI, Deluxe Mobile Home Park; Residential Contractor:  John Phelps, Phelps Mfg.; Randall Peregrine, Peregrine Custom Homes; and Robert Pagan, K-Ram Industries; Plumbing Apprentice:  Jason Duwenhoegger, Ryan Harmon, Bradley Hatheway, Phillip Hauk, James Haynes, Kevin Miller, William Peldo, Tim Simon, Dean Williamson, and Derrick Williamson; Plumbing Plumber:  Robert Bandy, Thurman Blackbird, Joel Brown, Jerald Cihak, Bernard Curl, Rick DeHaven, William Ficken, Roger Goehner, Hilmen Hanson, Daniel Hartman, Gregory Hartman, Brennen Heigh, Chris Hetzel, Leo Kline, Rodney LaGasse, Jef Mattern, Dan Michael, Jeremy Miller, Michael Ogren, Paul Ortiz, Douglas Ries, Lloyd Roscamp, Tim Scholl, Jim Shuman, Leonard Smith, Shayne Tines, Brian Ulmer, Duane Venable, Cory Williamson, and Terry Wlodarczyk; Plumbing Contractor:  Dennis Brown, DB Plumbing; Terry Burgad, Yes Siri Plumbing & Heating Inc.; Robert Cline, Cline Plumbing; Gerald Cook, Accurate Plumbing & Heating; Dennis Corcoran; Tessier’s Inc.; Kevin Curl, Diamond C Mechanical; Paul Dollman, Paul’s Plumbing Service; John Drewitz, JKD Plumbing; Douglas Ficken, D & T Professional Plumbing Co, Inc.; Chad Filek, J-Berd Mechanical; Thomas Hagemann, Action Mechanical; Benjamin (Bruce) Hartley; Scott Hartman, Wolff’s Plumbing & Heating; Jeff Heil, Heil Mechanical Inc.; Steve Hughes, Hughes Plumbing; Paul Iseminger, Western Mechanical Service; Robert Kenzy, Kenzy Plumbing; Kim Kerns, Metro Plumbing Inc.; Kelly Klein, Hills Plumbing & Heating; Larry Nelson, Nelson Ditching & Excavating Inc.; Gene Opstedahl, Opstedahl Plumbing; John Paulson, Paulson Plumbing; Gary Pleinis, Pleinis Plumbing; James Rensch, Rushmore Plumbing Services Inc.; Alvin Rudd Jr., Rudd Plumbing; Jim schnittgrund, Jim’s Plumbing & Heating Inc.; Ted Simonson, Western Mechanical; Allan Spodnik, Custom Plumbing; Dennis Walz, Dede’s Faucet Repair; and Donovan Williamson, Waterworks Plumbing Inc.; Water Softening Contractor:  Paul Champion, Champion Water Systems Inc. and Gary Robinson, Watertree Inc.; Gas Fitter:  Ken Kenitzer; Trenching Journeyman:  Carol Green, Josh Manry, Bruce Williams; Sewer and Water Contractors:  Wade Wasserburger, Black Hills Construction, Inc.; John L. Long, Iron Horse Excavating, Inc.; William J. Keller, Hills Materials Company; Jim Schnittgrund, Jim’s Plumbing and Heating, Inc.; Daniel Wieczorek, Dan’s Ditching, Inc.; Robert Quinn, Quinn Construction, Inc.; Dwight B. Hanna, Zandstra Construction; Rodney Reynolds, Rod’s Excavating; Duane Oehlerking, Kingman Construction, Inc.; Kyle Nelsen, Nelsen Construction Steve Moore, A-1 Ditching; Gerold (Dale) Schuelke, Highmark, Inc.; Cody Schad, Covin, Inc.; Duane Olson, Olson Excavating, Inc.; Mitch Morris, Black Hills Excavating Co., Inc.; Robert Warax, Warax Excavating, Inc.; Dane Sundstrom, Xcel Demolition; Jamie Gerlach, All Around Construction, Inc.; Cameron Miller, Miller Construction; Don Solinsky, Solinsky Construction, Inc.; Kirk Worley, Schad Excavation; Marvin Erikson, Marv’s Excavating, Inc.; Kim Kerns, Metro Plumbing, Inc.; Gary Hamm, Diamond M Inc.; Kenneth Reinert, Spearfish Excavating, Inc.; James DeHaan, DeHaan Construction, Inc.; Jerald Mitzel, JV Bailey Co., Inc.; Greg Lind, Lind Exco, Inc.; Jack Sagdalen, Hills Construction, Ltd.; Dennis Thurman, Shovelhead Excavating, Inc.; Michael Schnell, Simon Contractors of SD; James Morris, Mainline Contracting, Inc.; Alan Schroeder, Inactive; Trenching Contractors: Jacob Ankele, III, Iron Horse Excavating, Inc.; Dale Christiansen, Honey Creek Landscaping, Inc.; Dennis Woodard, Expertech Network Installations; Douglas Wilson, Scull Construction Service, Inc.; Dan O’Brien, O’Brien Construction, Inc.; Jim Mann, MDU; Randall Albers, Checker Electric, Inc.; Jared Tordsen, Tordsen Backhoe Service; Perry Bicek, Bicek Construction; Don Williams, Cable Communication Services, Inc.; Paul Ekstrom, Push, Inc.; Sewer and Water Journeyman:  Norman Wiederich, Stephen Swanson, Thomas Schumacher, Dale Raish, Warren Jaasund, Robert B. Hengen, Warren (Mike) Case, Tony Parker, Dion Frost, Rodney Rilling, Jeremy Larson, Shelby Moore, Justin Schuelke, Dave Hepburn, Kory Hudelson, Samuel Morris, III, Rob Davis, Bret Olson, Richard Albers, Marc Myers, Leonard Baker, Kevin Hein, David (Mike) Spear, Randy Schumacher, Donald Brumbaugh, Brandon Fogelman, Gale Schipke, Jerry Bassett, Peter Nikkila, Glenn Taylor, Percy Lone Elk, Kevin Good, Kurt Garlick, Robert Frease, Ron Berens, John Tippman, Ryan Simpson, Daniel Sagdalen, Cal Hoogestraat, Brandon Hemenway, Floyd Schafer, Cole Smith, William Huber; Trenching Journeyman:  Rick Wieczorek, David Jedlicka, Steven Quenzer, Paul Tedford, Joe Ford, Justin Haider, Robert Stanfiel, Anthony Patino, Marcus Cleberg, William Dutton, Kip Easton, Billy Gifford, Jim Gray, Darwin Heying, Gary Higlin, Rick Himmelspach, Nathaniel Houchin, Wade Jutila, Jim Lien, Wyatt Lien, Henry McIntosh, Clint Morgan, Andrew Morse, Don Osborne, Kelly Smith, Chuck Yotter, Toby Bordewyk, Ron Blum, Larry Nelson, Derek Weigel, David Rhodes, Tayler Perli, James Renville, Charles Cummings, Kent Otto, Tom Beetem, Kevin Paugh. 

Growth Management Department Consent Items

65.             No. 07PL013 - A request by Boschee Engineering for Scott Zandstra for a Layout Plat on Lot 1 of Block 1 of Paradise Pines Subdivision, located in the SW1/4 of the SE1/4, Section 7, and the NW1/4 of the NE1/4, Section 18, all located in  T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 2E, less right-of-way of the SW1/4 of the SE1/4, Section 7, T1S, R7E, BHM, and a portion of the NW1/4 of the NE1/4, Section 18, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of U.S. Highway 16 across from Busted Five Development.

66.             No. 07PL014 - A request by FMG, Inc. for Bies Highway 79 LLP for a Preliminary Plat on Lots A, B, C and D of Hamilton Subdivision, located in the SE1/4 of the NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 2 of Hamilton Subdivision, located in the SE1/4 of the NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Minnesota Street and west of S.D. Highway 79.

END OF CONSENT CALENDAR

Public Comment opened – Items 67 - 90

Public Comment closed

NON-CONSENT ITEMS – Items 67 - 90

ORDINANCES

67.             No. 07RZ010 - First Reading, Ordinance No. 5265, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as request by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on that part of the SW1/4 north of I-90 including Lot 3 of Starlite Subdivision, less GLM Subdivision No. 2 and less Right-of-way; all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Dyess Avenue and north of Interstate 90.

68.             No. 07RZ011 - First Reading, Ordinance No. 5266, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as request by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on unplatted portion of the NW1/4 SE1/4 north of Interstate 90 and Lot E of the S1/2 SE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Interstate 90 and west of North Elk Vale Road.

69.             No. 07RZ012 - First Reading, Ordinance No. 5267, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as request by Dream Design International, Inc. for a Rezoning from No Use District to General Commericial District on Lot 1 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elk Vale Road and Creek Drive.

70.             No. LF022807-15 – First Reading, Ordinance No. 5257 to Move the Day of Regularly Scheduled Council Meetings that Coincide with Federal Holidays by Amending Section 2.08.010 of the Rapid City Municipal Code. 

71.             No. LF022807-35 -- First Reading, Ordinance No. 5258, An Ordinance Regulating The Brightness Of Off-Premises Signs By Amending Section 15.28.160 Of The Rapid City Municipal Code.

72.             No. LF022807-36 -- First Reading, Ordinance No. 5259, An Ordinance Regulating The Brightness Of Miscellaneous Signs By Amending Section 15.28.220 Of The Rapid City Municipal Code.

73.             No. LF022807-37 -- First Reading, Ordinance No. 5260, An Ordinance Regulating The Brightness Of On-Premises Ground Signs By Amending Section 15.28.200 Of The Rapid City Municipal Code.

74.             No. LF022807-38 -- First Reading, Ordinance No. 5261, An Ordinance Regulating The Brightness Of On-Premises Wall Signs By Amending Section 15.28.190 Of The Rapid City Municipal Code.

75.             No. LF022807-39 -- First Reading, Ordinance No. 5262, An Ordinance Revising Definitions under the City’s Sign Code by Amending Section 15.28.010 Of The Rapid City Municipal Code.

76.             No. LF022807-40 -- First Reading, Ordinance No. 5263, An Ordinance Allowing Existing Non-Conforming Off-Premises Signs To Be Structurally Altered So That They Can Be Brought Into Compliance With The Sign Code By Amending Section 15.28.240 Of The Rapid City Municipal Code.

77.             No. LF022807-41 – First Reading, Ordinance No. 5264, An Ordinance To Amend The Two-Hour Parking Zone By Amending Section 10.44.010(A) Of Chapter 10.44 Of The Rapid City Municipal Code.

78.             No. 07OA002 (LF011007-06) – Second Reading, Ordinance No. 5232, Establishing a Process by Which Exceptions Can be Granted to the City’s Lot Length to Width Requirements by Adding Section 16.24.015 to the Rapid City Municipal Code. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

79.             No. LF013107-42A – Approve Resolution to Establish Additional Staffing in the Public Works Department

PUBLIC WORKS COMMITTEE ITEMS

80.             No. PW021307-24 – Rapid Transit Passenger Bench discussion (continued from February 19, 2007 Council proceedings)

81.             No. PW022707-01 – Approve an exception to reduce the approach corner clearance from 85 feet to 10 feet at Lot 1, Block 2, Rainbow Addition, and Tract A, Block 25, South Boulevard Addition, Rapid City, SD more commonly known as 2300 Mt. Rushmore Road, as request by Bob Brandt (07EX066)

82.             No. PW022707-18 – Approve a request to seek proposals for Landscaping Ordinance Revisions. 

83.             No. PW022707-21 - Scott Mallow Park, College Park and Vickie Powers Park final concept plans presentation

BIDS

84.             No. CC030507-02 – Well 12 and Stoney Creek Booster Station Project No.  W03-953 / CIP No. 50318 (opened February 27, 2007)

85.             No. CC030507-02 – South Robbinsdale Drainage Improvements Project No. DR05-1485 / CIP NO. 50556 (opened February 27, 2007)

86.             No. CC030507-02 – Haines Avenue PCCP Panel Repair Project No.  STCM07-1626 / CIP No. 50445 (opened February 27, 2007)

87.             No. CC030507-02 – Downtown Alley Resurfacing 2007 Project No.  ST07-1627 / CIP No. 50379 (opened February 27, 2007)

MAYOR’S ITEMS

88.             2012 Report

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

89.             Confirmation of Pauline Sumption as Assistant Finance Officer

APPEALS

DARB

License application appeals

Sign Code Appeals

90.             No. CC030507-03 – Sign Ordinance Appeal by VIP Properties, 909 Saint Joseph Street for Turnac Investment Group, 909 Saint Joseph Street, for an Electronic Sign at 909 Saint Joseph Street described as Units 1 – 10A and Common Area, Turnac Tower Condominium, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 91 - 127

Open Public Hearing (comment) -- Items 91 – 127

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 91 - 113

Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items

Continue the following items until March 19, 2007:

91.             No. 06CA028 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to amend the Major Street Plan to change an arterial street to a collector street, to eliminate a collector street and to relocate a collector street on Parcel 1 thru 15 and detention ponds, Rushmore Crossing, Sections, 29, 30, 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as DESCRIPTION No. 1: Lot BR of Lot 2 of the SE1/4 SW1/4, Section 29 in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103; DESCRIPTION No. 2: Lot C of Lot 2 of the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103; DESCRIPTION No. 3: Tract C of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 11, Page 68; DESCRIPTION No. 4: that portion of the SW1/4, Section 29,T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, lying South of Lot H3 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 109 and lying  South of Lot H1 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 113 and lying South of Lot H2 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 292 and lying South of Lot H4 of said SW1/4 as shown on the plat filed in Highway Plat Book 10, Page 150 (Interstate 90 right-of-way) and lying North of the Railroad right-of-way; excepting therefrom Lot A of the SE1/4 SW1/4, as shown on the plat filed in Plat Book 10, Page 122;  AND excepting therefrom Tract C of said SW1/4, as shown on the plat filed in Plat Book 11, Page 68; and excepting therefrom Lot 1R, Lot BR of Lot 2 and Lot C of Lot 2 of the SE1/4 SW1/4, as shown on the plat filed in Plat Book 15. Page 103; and excepting therefrom the W1/2 SW1/4 SW1/4 SW1/4 lying North of said Tract C; DESCRIPTION No. 5: that portion of the N1/2 SE1/4 lying South of Lots H1 and H2 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 3, Page 288 and lying South of Lot H3 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 148 (Interstate 90 right-of-way) and the N1/2 NE1/4 SE1/4 SE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom Lot D of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 7, Page 70; and excepting therefrom Lots E and M of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 7, Page 71; and excepting therefrom Lots C and L of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 8; Page 132; and excepting therefrom Tract 1 of Flack - Hendricksen Subdivision of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 16, Page 205; and excepting  therefrom Lots 1 and 2 in Block 2 of Rapps Addition of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 23, Page 166; and excepting therefrom Lots 1 and 2 of Bedco Subdivision of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 26, Page 61; and excepting therefrom any dedicated streets, avenues or alleys lying within said plats; and excepting therefrom the Lot H1 of the S1/2 N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 163; and excepting therefrom that portion of the SE1/4 NW1/4 SE1/4 and that portion of the SW1/4 NE1/4 SE1/4 lying south of said Lot H1 of the S1/2 N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 163; DESCRIPTION No. 6: Lot 1R, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 7: Lot 1 of the SW1/4 SE1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 8: Lot A of Lot 2, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 9: a portion of the unplatted portion of the SE1/4 NW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 10: the unplatted portion of the SW1/4 NE1/4 SE1/4, Section 30, lying south of Lot H1, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 11: the unplatted portion of the SW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 12: the unplatted portion of the SE1/4 SE1/4 and excepting therefrom the N1/2 NE1/4, SE1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 13: the W1/2 SW1/4, SW1/4 SW1/4, Section 29, lying north of Tract C, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 14: the Farnwood Avenue Right-of-Way, located in the SW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota, located south of I-90 between North LaCrosse Street and East North Street.

92.             No. 06PL028 - A request by Davis Engineering, Inc. for Bernita White for a Preliminary Plat on Lots A1 and A2 of Bar P-S Subdivision, located in the W1/2 SW1/4, formerly Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, located adjacent to the south west curve of North Airport Road.

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

94.             No. 06PL103 - A request by CETEC Engineering, Inc. for Park Hill Development, Inc. for a Preliminary Plat on Lots 18 thru 35, Block 2; Lots 14 thru 25, Block 5; and the dedicated public right-of-way, Park Meadows Subdivision, located in the SW1/4 NE1/4, SE1/4 NE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the SW1/4 NE1/4, SE1/4 NE1/4, less the Right-of-Way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Smith Avenue.

95.             No. 06PL108 - A request by DGM Development for a Preliminary Plat on Lots 1 thru 190, Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 10 and 11, Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4325 and 4385 Haines Avenue.

96.             No. 06PL133 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary Plat on Lots 16 thru 23, Block 1; Lots 1 thru 5, Block 3; Lots 1 thru 10, Block 4; Lots 1 thru 16, Block 5; Lots 1 thru 6, Block 6; and drainage Lot 1, Brookfield Subdivision, formerly a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Three Rivers Drive.

97.             No. 06PL169 - A request by Boschee Engineering for Dr. Don Oliver for a Preliminary Plat on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West.

98.             No. 06PL178 - A request by Boschee Engineering for OTS, Inc. for a Preliminary Plat on Lots 1 thru 8 of Block 1, lots 1 thru 8 of Block 2, Lots 1 thru 17 of Block 3, and lots 1 thru 9 of Block 4, located in the SW1/4 SW1/4, W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Bendt Drive.

99.             No. 06PL189 - A request by Michael Hanson for John & Meredith Humke for a Preliminary Plat on Lots 24A and 24B of Block 3 of Stoney Creek Subdivision, formerly Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Nugget Gulch Drive and Harvard Avenue.

100.         No. 06PL191 - A request by D. C. Scott Co. Land Surveyors for G. E. Commercial Finance for a Preliminary Plat on Lots 1 and 2 of IGT Subdivision, located in the W1/2 of the SW1/4, and the SW1/4 of the NW1/4, formerly Tract B of Tract 1 of the W1/2 of the SW1/4 of Section 23, and Tract 2 of the SW1/4 of the NW1/4 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract B of Tract 1 of the W1/2 of the SW1/4 of Section 23, and Tract 2 of the SW1/4 of the NW1/4 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of South Highway 16 and south of Fox Road.

101.         No. 06SV012 - A request by Sperlich Consulting, Inc. for Sharon Norman for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Old Folsom Road, the Section Line Highway(s), the collector street and Norman Ranch Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 4A, 4B and 5R of Judicial Lot 4; and Lots 6 thru 17, Norman Ranch Subdivision, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 4 and 5 of Judicial Lot 4 of Norman Ranch Subdivision; the N1/2 SW1/4; the NW1/4 SE1/4 lying southwest of Old Folsom Road less the south 99 feet of NW1/4 SE1/4; the N1/2 N1/2 SE1/4 SW1/4; the W1/2 SW1/4 SW1/4; the N1/2 NE1/4 SW1/4 SW1/4; the west 220 feet of the S1/2 NE1/4 SW1/4 SW1/4; and the west 220 feet of SE1/4 SW1/4 SW1/4; all located in Section 28, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Highway 79 and Old Folsom Road.

102.         No. 06SV066 - A request by Boschee Engineering for Dr. Don Oliver for a Variance to the Subdivision Regulations to waive the Requirement to install curb, gutter, sidewalk, street light conduit, water, sewer, pavement; and to allow 10 foot wide dirt road to serve as access to Lot 1 and to allow Wilderness Canyon Road to remain a 24 foot paved street with water as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West.

103.         No. 06SV069 - A request by Fisk Land Surveying for Judy Lien for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks, curb, gutter, street light conduit, sewer and water main along Mall Drive and N. Maple Avenue and to reduce the pavement width from 40 feet to 26 feet along Mall Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2, 3 and 4 of LJS Subdivision, formerly a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Maple Avenue and Mall Drive.

104.         No. 06SV079 - A request by D. C. Scott Co. Land Surveyors for G. E. Commercial Finance for a Variance to the Subdivision Regulations to waive the requirement to install sewer along the section line highway and Berglund Road; to waive the requirement to install street light conduit along Berglund Road and Fox Road; to allow platting half the Right-of-way, to waive the requirements to install curb, gutter, sidewalk, street light conduit, sewer and water along the section line highway, and the U.S. Hwy 16 service road as per Chapter 16.16 of the Rapid City Municipal Code on Tract B of Tract 1 of the W1/2 of the SW1/4 of Section 23, and Tract 2 of the SW1/4 of the NW1/4 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Promise Road and U.S. Highway 16 South.

105.         No. 06VR009 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on Lot 2, O'Meara Addition and Lot B of the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Tower Road at the intersection of Skyline Ranch Road and Tower Road.

106.         No. 07AN001 - A request by Dream Design International, Inc. for a Petition for Annexation on Government Lot 3 and the SE1/4 of the NW1/4, less Lot A, located in Section 4, T1N, R8E, BHM, Pennington County, South Dakota, located east of Valley Drive and west of Concourse Drive.

107.         No. 07PL006 - A request by Centerline, Inc. for Broadmoor Homeowners' Association for a Preliminary Plat on Lots 39 and 40 of Broadmoor Subdivision Phase 1, formerly a portion of Lot B of Broadmoor Subdivision Phase 1 located in Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot A less Lot H1 and Lot B less Lot 12 revised thru 14 revised and Lot C Revised and Lot D of Broadmoor Subdivision Phase 1, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Sheridan Lake Road and Sunset Vista Road.

108.         No. 07PL015 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 21 of Block 1, Lots 1 thru 4 of Block 2, Lots 1 thru 5 of Block 3, Lots 1 thru 3 of Block 4, Lots 1 and 2 of Block 5, and Lots 1 thru 6 of Block 6 and Utility Lot 1 of Copperfield Vistas Subdivision, all located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of Lot 28 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a rebar with survey cap “LS 6251”; thence, westerly along the north line of said Lot 28 in Block 1 of Copperfield Subdivision, S89º59’08”W, a distance of 109.97 feet, more or less, to the northwest corner of said Lot 28, said corner being marked by a 5/8 inch rebar; thence, southwesterly along the northerly edge of Copperfield Drive right-of-way, S71º30’56”W, a distance of 63.29 feet, more or less to the northeast corner of Lot 1 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 83.02 feet, more or less; thence, continuing northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 15.67 feet, more or less, to the northwest corner of said Lot 1, said corner being coincident with the northeast corner of Lot 3 in Block 7 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap; thence, northwesterly along the north line of said Lot 3 in Block 7 of Copperfield Subdivision, N88º42’16”W, a distance of 51.73 feet, more or less, to the northwest corner of said Lot 3, said point being coincident with the northeast corner of Lot 4 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap “LS 2652”; thence, northwesterly along the north line of said Lot 4 in Block 7 of Copperfield Subdivision, N88º18’11”W, a distance of 76.36 feet, more or less, to the northwest corner of said Lot 4, said point being coincident with the northeast corner of Lot 5 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 5 in Block 7 of Copperfield Subdivision, N71º45’04”W, a distance of 68.75 feet, more or less; thence, N15º55’14”E, a distance of 104.91 feet, more or less; thence, N74º04’46”W, a distance of 45.00 feet, more or less; thence, N15º55’14”E, a distance of 160.58 feet, more or less; thence, S76º13’24”E, a distance of 120.24 feet, more or less; thence, S78º04’22”E, a distance of 59.02 feet, more or less; thence, N13º46’36”E, a distance of 98.10 feet, more or less; thence, N76º13’24”W, a distance of 13.77 feet, more or less; thence, N13º46’36”E, a distance of 52.00 feet, more or less; thence, S76º13’24”E, a distance of 5.67 feet, more or less; thence, N13º46’36”E, a distance of 80.12 feet, more or less; thence, N00º35’05”E, a distance of 68.76 feet, more or less; thence, N00º00’00”W, a distance of 83.80 feet, more or less; thence, S90º00’00”W, a distance of 0.65 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 18.65 feet, more or less; thence, N00º00’00”W, a distance of 200.26 feet, more or less; thence, S90º00’00”W, a distance of 20.17 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 2.17 feet, more or less; thence, N00º00’00”W, a distance of 455.50 feet, more or less; thence, curving to southwest to the left on a curve with a radius of 562.00 feet, a delta of 01º25’51”, an arc length of 14.03 feet, and a chord bearing of S78º05’02”W and chord distance of 14.03 feet; thence, N12º37’53”W, a distance of 76.00 feet, more or less; thence, curving to the northeast to the right on a curve with a radius of 638.00 feet, a delta of 10º54’37”, an arc length of 121.49 feet, and a chord bearing of N82º49’25”E and chord distance of 121.30 feet; thence, N44º21’49“E, a distance of 14.30 feet, more or less; thence, N00º00”00”W, a distance of 15.20 feet, more or less; thence, N90º00’00”E, a distance of 52.00 feet, more or less; thence, S00º00’00”E, a distance of 15.13 feet, more or less; thence, S45º00’00”E, a distance of 14.14 feet, more or less; thence, N90º00’00”E, a distance of 142.69 feet, more or less, to a point on the north/south 1/4 section line of Section 4, T1N, R8E, BHM, Pennington County, South Dakota; thence, southerly along said 1/4 section line, S00º05’16”E, a distance of 941.09 feet, more or less, to a point marked by an iron pin; thence, continuing southerly along said 1/4 section line, S00º05’03”E, a distance of 517.62 feet, more or less, to a point located on said 1/4 section line being marked by a rebar with survey cap “LS 6251”; thence, continuing southerly along said 1/4 section line, S00º03’43”E, a distance of 781.29 feet, more or less; thence, S89º47’47”W, a distance of 303.32 feet, more or less to a point along the easterly line of Lot 17 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 17 in Block 1 of Copperfield Subdivision, N22º39’36”W, a distance of 46.14 feet, more or less, to the northeast corner of said Lot 17, said corner being coincident with the southeast corner of Lot 18 in Block 1of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 18 in Block 1 of Copperfield Subdivision, N01º44’10”W, a distance of 58.19 feet, more or less, to the northeast corner of said Lot 18, said corner being coincident with the southeast corner of Lot 19 in Block 1 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked with a rebar and survey cap “LS 2652”; thence, northeasterly along the east line of said Lot 19 in Block 1 of Copperfield Subdivision, N26º46’20”E, a distance of 44.28 feet, more or less, to the northeast corner of said Lot 19, said corner being coincident with the southeast corner of Lot 20 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked by a rebar with survey cap “LS 2652”; thence, northeasterly along the east line of Lots 20 through 24 inclusive of Block 1 of Copperfield Subdivision, as shown on the plats recorded in Book 22 of Plats on Page 21and in Book 22 of Plats on Page 195, N27º11’29”E, a distance of 364.58 feet, more or less to the northeast corner of said Lot 24 in Block 1 of Copperfield Subdivision, said corner being coincident with the southeast corner of Lot 25 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northeasterly along the east line of said Lot 25 in Block 1 of Copperfield Subdivision, N19º26’44”E, a distance of 83.01 feet, more or less, to the northeast corner of Said Lot 25, said corner being coincident with the southeast corner of Lot 26 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195; thence, northeasterly along the east lines of Lots 26, 27 and 28 of Block One of Copperfield Subdivision, N02º40’24”E, a distance of 239.67 feet, more or less to the point of beginning, located east of Valley Drive and west of Concourse Drive.

109.         No. 07RZ008 - A request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on a parcel of land located in Government Lot 3 and the SE1/4 of the NW1/4 of Section 4, T1N, R8E, BHM, Pennington County, more fully described as follows: Commencing at the northeast corner of said Lot 3, said point being coincident with the north one-quarter corner of said Section 4, T1N, R8E, BHM, Pennington County, South Dakota, said corner being marked by a brass cap; thence, southerly along the one-quarter section line, S00º05’16”E, a distance of 512.09 feet, more or less, to the point of beginning; thence, continuing southerly along the one-quarter section line, S00º05’16”E, a distance of 1914.86 feet, more or less, said point being marked by an iron pin; thence, continuing southerly along the one-quarter section line, S00º05’03”E, a distance of 246.18 feet, more or less to the center one quarter corner of said Section 4, said point being marked by a rebar with surveyor cap number 6565; thence, westerly along the one-quarter section line, S89º48’42”W, a distance of 1328.91 feet, more or less to the southwest corner of the SE1/4 of the NW1/4 of said Section 4, said point being marked by a rebar with surveyor cap number 6565; thence, northerly along the one-sixteenth section line, N00º02’44”E, a distance of 1048.69 feet, more or less to the southwest corner of Lot A  of the SE1/4 NW1/4, Section 4, T1N, R8E. BHM, Pennington County, South Dakota, as shown on the plat recorded in Plat Book 17 on Page 167, said point being marked by a 5/8 inch rebar; thence, easterly along the south line of said Lot A, N89º59’59”E, a distance of 145.15 feet, more or less to the southeast corner of said Lot A, said point being marked by a 5/8 inch rebar; thence, northerly along the east line of said Lot A, N00º02’52”E, a distance of 110.12 feet, more or less, to the northeast corner of said Lot A, said point being marked by a 5/8 inch rebar; thence, westerly along the north line of said Lot A, S89º53’30”W, a distance of 145.14 feet, more or less, to the northwest corner of said Lot A and the one-sixteenth section line, said point being marked by a 5/8 inch rebar; thence, northerly along the one-sixteenth section line N00º00’48”W, a distance of 995.00 feet, more or less; thence, N89º53’30”E, a distance of 151.98 feet, more or less; thence, curving to the right on a curve with a radius of 226.00 feet, an arc length of 2.79 feet, a delta of 00º42’26”, and a chord bearing of S00º22’01”E with a chord distance of 2.79 feet; thence, S00º00’48”E, a distance of 181.83 feet, more or less; thence, N89º50’20”E, a distance of 968.82 feet, more or less; thence, N00º03’34”W, a distance of 108.52 feet, more or less; thence, curving to the right on a curve with a radius of 326.00 feet, an arc length of 85.64 feet, a delta of 15º03’07”, and a chord bearing of N07º28’00”E with a chord distance of 85.40 feet; thence, N89º54’44”E, a distance of 193.07 feet, more or less, to the point of beginning, located east of Valley Drive and west of Concourse Drive.

110.         No. 07RZ009 - A request by Dream Design International, Inc. for a Rezoning from No Use District to Medium Density Residential District on a parcel of land located in Government Lot 3, of Section 4, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the north 1/4 corner of said Section 4, said corner being marked with a GLO Brass Cap; thence, southerly along the 1/4 section line, S00º05’16”E, a distance of 512.09 feet, more or less; thence, S89º54’44”W, a distance of 193.07 feet, more or less; thence, curving southwest to the left on a curve with a radius of 326.00 feet, a delta of 15º03’07”, an arc length of 85.64 feet, and a chord bearing of S07º28’00”W and a chord distance of 85.40 feet; thence, S00º03’34”E, a distance of 108.52 feet, more or less; thence, S89º50’20”W, a distance of 968.82 feet, more or less; thence, N00º00’48”W, a distance of 181.83 feet, more or less; thence, curving northwest to the left on a curve with a radius of 226.00 feet, a delta of 00º42‘26”, an arc length of 2.79 feet, and a chord bearing of N00º22’01”W and a chord distance of 2.79 feet; thence, S89º53’30“W, a distance of 151.98 feet, more or less, to a point located on the west 1/16th line of said Section 4; thence, northerly along said 1/16th line, N00º00’49”W, a distance of 520.21 feet, more or less to the north section line of said Section 4, said point being a 1/16th section corner and marked by a rebar with survey cap “6251”; thence, easterly along the north line of said Section 4, N89º50’15”E, a distance of 1324.26 feet, more or less, to the point of beginning, located east of Valley Drive and west of Concourse Drive.

111.         No. 07SV001 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Variance to the Subdivision regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highway as per Chapter 16.16 of the Rapid City Municipal Code on a portion of the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, and a portion of Tract 5 of Sletten Addition, located in the NW1/4 of the SW1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the easterly 1/4 Corner of Section 13, T2N, R7E, common with the westerly 1/4 corner of Section 18, T2N, R8E, and common with the northwesterly corner of Tract 5 of Sletten Addition, and the Point of Beginning; Thence, first course: S89º38’53”E, along the northerly boundary of said Tract 5 of Sletten Addition, a distance of 33.00 feet, to a point on the easterly edge of the statutory section line right-of-way in said Section 18; Thence, second course: S00º07’25”W, along the easterly edge of said statutory section line right-of-way, a distance of 1090.65 feet, to a point of curve of Lot H-1 of Tract 5 of Sletten Addition; Thence, third course: northwesterly, curving along the northeasterly edge of the right-of-way of said Lot H-1 of Tract 5 of Sletten Addition, curving to the left on a curve with a radius of 285.79 feet, a delta angle of 27º48’23”, an arc length of 138.70 feet, a chord bearing of N13º46’46”W, and a chord distance of 137.34 feet, to the northwesterly corner of said Lot H-1 of Tract 5 of Sletten Addition, and a point of compound curvature; Thence, fourth course: northwesterly, curving to the left on a curve with a radius of 253.40 feet, a delta angle of 14º54’34”, an arc length of 65.94 feet, a chord bearing of N30º00’02”W, and a chord distance of 65.75 feet, to a point on the westerly edge of the statutory section line right-of-way in said Section 13; Thence, fifth course: N00º07’25”E, along the westerly edge of said statutory section line right-of-way, a distance of 900.49 feet, to a point on the Center 1/4 line of said Section 13; Thence, sixth course: N89º56’42”E, along said Center 1/4 line of said Section 13, a distance of 33.00 feet, to the easterly 1/4 Corner of Section 13, T2N, R7E, common with the westerly 1/4 Corner of Section 18, T2N, R8E, and common with the northwesterly corner of Tract 5 of Sletten Addition, and the Point of Beginning, located at the northern terminus of Cobalt Drive.

112.         No. 07SV005 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to provide easements across lots or centered on rear or side lot lines for utilities and drainage as per Chapter 16.12.200.A of the Rapid City Municipal Code on Lots 1 thru 21 of Block 1, Lots 1 thru 4 of Block 2, Lots 1 thru 5 of Block 3, Lots 1 thru 3 of Block 4, Lots 1 and 2 of Block 5, and Lots 1 thru 6 of Block 6 and Utility Lot 1 of Copperfield Vistas Subdivision, all located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of Lot 28 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a rebar with survey cap “LS 6251”; thence, westerly along the north line of said Lot 28 in Block 1 of Copperfield Subdivision, S89º59’08”W, a distance of 109.97 feet, more or less, to the northwest corner of said Lot 28, said corner being marked by a 5/8 inch rebar; thence, southwesterly along the northerly edge of Copperfield Drive right-of-way, S71º30’56”W, a distance of 63.29 feet, more or less to the northeast corner of Lot 1 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 83.02 feet, more or less; thence, continuing northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 15.67 feet, more or less, to the northwest corner of said Lot 1, said corner being coincident with the northeast corner of Lot 3 in Block 7 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap; thence, northwesterly along the north line of said Lot 3 in Block 7 of Copperfield Subdivision, N88º42’16”W, a distance of 51.73 feet, more or less, to the northwest corner of said Lot 3, said point being coincident with the northeast corner of Lot 4 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap “LS 2652”; thence, northwesterly along the north line of said Lot 4 in Block 7 of Copperfield Subdivision, N88º18’11”W, a distance of 76.36 feet, more or less, to the northwest corner of said Lot 4, said point being coincident with the northeast corner of Lot 5 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 5 in Block 7 of Copperfield Subdivision, N71º45’04”W, a distance of 68.75 feet, more or less; thence, N15º55’14”E, a distance of 104.91 feet, more or less; thence, N74º04’46”W, a distance of 45.00 feet, more or less; thence, N15º55’14”E, a distance of 160.58 feet, more or less; thence, S76º13’24”E, a distance of 120.24 feet, more or less; thence, S78º04’22”E, a distance of 59.02 feet, more or less; thence, N13º46’36”E, a distance of 98.10 feet, more or less; thence, N76º13’24”W, a distance of 13.77 feet, more or less; thence, N13º46’36”E, a distance of 52.00 feet, more or less; thence, S76º13’24”E, a distance of 5.67 feet, more or less; thence, N13º46’36”E, a distance of 80.12 feet, more or less; thence, N00º35’05”E, a distance of 68.76 feet, more or less; thence, N00º00’00”W, a distance of 83.80 feet, more or less; thence, S90º00’00”W, a distance of 0.65 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 18.65 feet, more or less; thence, N00º00’00”W, a distance of 200.26 feet, more or less; thence, S90º00’00”W, a distance of 20.17 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 2.17 feet, more or less; thence, N00º00’00”W, a distance of 455.50 feet, more or less; thence, curving to southwest to the left on a curve with a radius of 562.00 feet, a delta of 01º25’51”, an arc length of 14.03 feet, and a chord bearing of S78º05’02”W and chord distance of 14.03 feet; thence, N12º37’53”W, a distance of 76.00 feet, more or less; thence, curving to the northeast to the right on a curve with a radius of 638.00 feet, a delta of 10º54’37”, an arc length of 121.49 feet, and a chord bearing of N82º49’25”E and chord distance of 121.30 feet; thence, N44º21’49“E, a distance of 14.30 feet, more or less; thence, N00º00”00”W, a distance of 15.20 feet, more or less; thence, N90º00’00”E, a distance of 52.00 feet, more or less; thence, S00º00’00”E, a distance of 15.13 feet, more or less; thence, S45º00’00”E, a distance of 14.14 feet, more or less; thence, N90º00’00”E, a distance of 142.69 feet, more or less, to a point on the north/south 1/4 section line of Section 4, T1N, R8E, BHM, Pennington County, South Dakota; thence, southerly along said 1/4 section line, S00º05’16”E, a distance of 941.09 feet, more or less, to a point marked by an iron pin; thence, continuing southerly along said 1/4 section line, S00º05’03”E, a distance of 517.62 feet, more or less, to a point located on said 1/4 section line being marked by a rebar with survey cap “LS 6251”; thence, continuing southerly along said 1/4 section line, S00º03’43”E, a distance of 781.29 feet, more or less; thence, S89º47’47”W, a distance of 303.32 feet, more or less to a point along the easterly line of Lot 17 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 17 in Block 1 of Copperfield Subdivision, N22º39’36”W, a distance of 46.14 feet, more or less, to the northeast corner of said Lot 17, said corner being coincident with the southeast corner of Lot 18 in Block 1of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 18 in Block 1 of Copperfield Subdivision, N01º44’10”W, a distance of 58.19 feet, more or less, to the northeast corner of said Lot 18, said corner being coincident with the southeast corner of Lot 19 in Block 1 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked with a rebar and survey cap “LS 2652”; thence, northeasterly along the east line of said Lot 19 in Block 1 of Copperfield Subdivision, N26º46’20”E, a distance of 44.28 feet, more or less, to the northeast corner of said Lot 19, said corner being coincident with the southeast corner of Lot 20 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked by a rebar with survey cap “LS 2652”; thence, northeasterly along the east line of Lots 20 through 24 inclusive of Block 1 of Copperfield Subdivision, as shown on the plats recorded in Book 22 of Plats on Page 21and in Book 22 of Plats on Page 195, N27º11’29”E, a distance of 364.58 feet, more or less to the northeast corner of said Lot 24 in Block 1 of Copperfield Subdivision, said corner being coincident with the southeast corner of Lot 25 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northeasterly along the east line of said Lot 25 in Block 1 of Copperfield Subdivision, N19º26’44”E, a distance of 83.01 feet, more or less, to the northeast corner of Said Lot 25, said corner being coincident with the southeast corner of Lot 26 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195; thence, northeasterly along the east lines of Lots 26, 27 and 28 of Block One of Copperfield Subdivision, N02º40’24”E, a distance of 239.67 feet, more or less to the point of beginning, located east of Valley Drive and west of Concourse Drive.

113.         No. 07VE003 - A request by Dream Design International, Inc. for a Vacation of Non-Access Easement on Lot 1 of Block 9 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Prestwick Road and Muirfield Drive.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 91 – 127

CONSENT PUBLIC HEARING ITEMS – Item 114 - 118

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

114.         Rapid City Fine Arts Council for nine (9) special Beer and Wine Licenses for events scheduled March 23, March 24, April 13, April 14, April 15, April 20, April 21, May 4, and May 11, 2007 at the Dahl Fine Arts Center, 713 7th Street

115.         Rushmore Curling Club, Inc. for a special Beer License for an event scheduled May 4, 5 and 6, 2007 at the Roosevelt Park Ice Arena, 235 Waterloo Street

ASSESSMENT ROLLS

116.         No. PW010907-12 – Approve Resolution Levying Assessment for East Franklin Street Sanitary Sewer Project No. SS06-1557, revised

 

117.         No. PW013007-33 – Approve Resolution Levying Assessment for 6th Street and Hillsview Drive Watermain Extension Project W05-1521

118.         No. LF013107-16 – Approve Resolution Levying Assessment for Cleanup of Miscellaneous Property

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 119 - 127

119.         No. 07CA006 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the Land Use Designation from Industrial to Public on a portion of Brewer Subdivision including Lots 1 and 2, formerly the balance of Outlot 3 of the SW1/4  NW1/4, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of East Tallent Street and Ash Avenue.

120.         No. 07CA007 - A request by Boschee Engineering to OTS, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial with a Planned Commercial Development to a Planned Residential Development with a maximum density of 4.8 dwelling units per acre on a parcel of land located in the SW1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: beginning at the found corner No. 3977 along the southwest section line of Section 22 and Sheridan Lake Road right-of-way; thence N31º32’20”E along a imaginary line, 481.85 feet to the true point of beginning; thence N26º16’50”E 166.37 feet; thence N00º00’00”W 112.04 feet; thence N12º21’02”E 160.14 feet; thence N23º19’30”E 120.85 feet; thence S68º58’39”E 24.58 feet; thence N53º48’13”E 78.46 feet; thence S00º02’33”W 317.97 feet; thence S00º02’33”W 199.35 feet; thence S00º01’07”E 48.25 feet; thence S89º51’52”W 240.83 feet; to the point of beginning, located at the south end of Bendt Drive.

121.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water and sewer along Highway 16 service road as it abuts Lot 2E, less right-of-way of the SW1/4 of the SE1/4, Section 7, T1S, R7E, BHM, and a portion of the NW1/4 of the NE1/4, Section 18, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of U.S. Highway 16 across from Busted Five Development.  (07SV002)

122.         No. 07SV002 - A request by Boschee Engineering for Scott Zandstra for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and reduce the right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Block 1 of Paradise Pines Subdivision, located in the SW1/4 of the SE1/4, Section 7, and the NW1/4 of the NE1/4, Section 18, all located in T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 2E, less right-of-way of the SW1/4 of the SE1/4, Section 7, T1S, R7E, BHM, and a portion of the NW1/4 of the NE1/4, Section 18, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of U.S. Highway 16 across from Busted Five Development.

123.         No. 07SV003 - A request by FMG, Inc. for Bies Highway 79 LLP for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way along Minnesota Street and to waive the requirement to install sewer along Cambell Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B, C and D of Hamilton Subdivision, located in the SE1/4 of the NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 2 of Hamilton Subdivision, located in the SE1/4 of the NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Minnesota Street and west of S.D. Highway 79.

124.         No. 07SV004 - A request by Dream Design International for a Variance to the Subdivision Regulations to waive the requirement to install street light conduit and sewer along Homestead Street as per Chapter 16.16 of the Rapid City Municipal Code on a parcel of land located in the SW1/4 of the NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the north center 1/16th corner of said Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, said corner being marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, southerly along the one-quarter 1/4 section line, S00º05’16”E, a distance of 135.90 feet, more or less, to the point of beginning, said point being marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, N90º00’00”E, a distance of 631.62 feet, more or less, to a point marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, curving to the left on a curve with a radius of 462.00 feet, a delta of 09º39’31” an arc length of 77.88 feet, and a chord bearing of N85º10’15”E and chord distance of 77.79 feet, to a point on the westerly edge of existing Concourse Drive right-of-way, said point being marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, southeasterly along the westerly edge of said Concourse Drive right-of-way and curving to the right on a curve with a radius of 438.53 feet, a delta of 09º57’02” an arc length of 76.16 feet, and a chord bearing of S07º07’13”E and chord distance of 76.06 feet, to a point on the westerly edge of existing Concourse Drive right-of-way, said point being marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, southwesterly and curving to the right on a curve with a radius of 538.00 feet, a delta of 09º17’59”, an arc length of 87.32 feet, and a chord bearing of S85º21’00”W and chord distance of 87.23 feet, to a point marked with a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, S90º00’00”W, a distance of 631.51 feet, more or less to a point located on the one-quarter 1/4 section line of said Section 4, said point being marked by a 5/8 inch rebar with survey cap “RW FISK 6565”; thence, northerly along said 1/4 section line, N00º05’16”W, a distance of 76.00 feet, more or less, to the point of beginning, located west of the intersection of Homestead Street and Concourse Drive.

125.         No. 07RZ004 – Second Reading, Ordinance No. 5251, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as request by Boschee Engineering for OTS, Inc. for a Rezoning from General Commercial District to Low Density Residential District on a parcel of land located in the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: beginning at the found corner No. 3977 of the southwest corner of Section 22; thence N89º51’52”E along south section line of Section 22, 298.47 feet to the true point of beginning; beginning at a point; thence N89º51’52E 195.37 feet; thence N00º01’07”W 458.25 feet; thence N00º02’33”E 199.35 feet; thence N00º02’33”E 317.97 feet; thence S53º48’13”W 78.46 feet; thence N68º58’39”W 24.58 feet; thence S23º19’30”W 120.85 feet; thence S12º21’02”W 160.14 feet; thence S00º00’00”E 112.04 feet; thence S26º16’50”W 217.16 feet; thence S16º04’27”W 91.13 feet; thence S16º04’27”W 46.34 feet; thence S10º12’24”W 126.12 feet; thence S88º50’10”E 129.50 feet; thence S00º04’44”W 105.50 feet; to the point of beginning; containing 4.48 acres more or less, located at the southern terminus of Bendt Drive.

126.         No. 07RZ005 - Second Reading, Ordinance No. 5252, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as request by Boschee Engineering for OTS, Inc. for a Rezoning from General Agriculture District to Low Density Residential District on a parcel of land located in the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: Beginning at the found corner No. 3977 of the southwest corner of Section 22; thence N89º51’52”E along south section line of Section 22, 493.84 feet to the true point of beginning; thence N89º51’52”E 818.42 feet; thence N00º00’36”E 564.46 feet; thence N89º59’24”W 709.07 feet; thence N76º18’05”W 108.67 feet; thence N00º00’00”W 63.32 feet; along a curve to the left having a radius of 274.00 feet through a central angle of 23º19’30” along said curve having a chord direction of N11º39’45”E; thence N23º19’30”E 113.52 feet; along a curve to the right having a radius of 476.00 feet through a central angle of 27º58’03” along said curve having a chord direction of N09º20’29”E; thence N04º38’33”W 36.30 feet; thence S85º21’27”W 69.30 feet; thence S06º18’31”W 135.46 feet; thence S53º48’13”W 26.53 feet; thence S00º02’33”W 317.97 feet; thence S00º02’33”W 199.35 feet; thence S00º01’07”E 458.25 feet; to the point of beginning; containing 11.31 acres more or less, located at the southern terminus of Bendt Drive.

127.         No. 07RZ007 - Second Reading, Ordinance No. 5254, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as request by Dream Design International, Inc. for a Rezoning from Medium Density Residential District to Public District on a portion of Brewer Subdivision including Lots 1 and 2, formerly the balance of Outlot 3 of the SW1/4  NW1/4, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of East Tallent Street and Ash Avenue.

BILLS

128.         No. CC030507-01 Bill List for March 5, 2007

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