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

May 7 , 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 April 16, 2007 and April 10, 2007 City Council Planning Session

AWARDS AND RECOGNITIONS

1.                  Presentation of gift from the Mayor of Nikko, Japan, Chip Rasmussen

2.                  Citizen of the 2nd Quarter 2007

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.

NON-PUBLIC HEARING ITEMS -- Items 3 - 84

Public Comment opened – Items 3 - 60

Public Comment closed

CONSENT ITEMS – Items 3 - 60

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

Alcoholic Beverage License Applications Set for Hearing (May 21, 2007)

3.                  Rushmore German Club for a special Beer License for an event scheduled June 29 – 30, 2007 at 6th Street and Main Street during Festival of Presidents

4.                  Black Hills Heritage Festival for a special Beer License for an event scheduled June 29, 30 and July 1, 2007 in Memorial Park

5.                  A J, Inc. dba Shotgun Willies, 2808 West Main Street for a Retail (On-Sale) Liquor License Transfer from Shotgun Willies, Inc. dba Shotgun Willies, 2808 West Main Street

Public Works Committee Consent Items

6.                  No. PW050107-02 - Approve the traffic control sign installation on Saint Patrick Street at Mount Rushmore Road, prohibiting right-turn movements on a red light for west bound traffic

7.                  No. PW050107-03 – Approve Change Order No. 2F for 2006 Roof Replacement Project No. IDP06-1546 to Black Hills Roofing for an increase of $2,635.86

8.                  No. PW050107-04 – Approve Change Order No. 2 for Country Road Lift Station Project No. SS03-1255 to R.C.S. Construction, Inc. for an increase of $808.42

9.                  No. PW050107-05 – Approve Change Order No. 3 for Meade Street Reconstruction - Phase I, East Meade Street from Birch Avenue to Hoefer Court Project No. DR03-1333 / CIP No. 50145 to Highmark, Inc. for a decrease of $3,625.00

10.             No. PW050107-06 – Approve Change Order No. 2 for Prairie Fire Sewer Main - Southside Drive Sanitary Sewer Trunk Line Project No. SS06-1594 / CIP No. 50659 to Site Work Specialists, Inc. for an increase of $3,250.50

11.             No. PW050107-07 – Authorize staff to advertise for bids for Limestone Gravel

12.             No. PW050107-08 – Authorize staff to advertise for bids for Ready Mixed Concrete

13.             No. PW050107-09 – Authorize staff to advertise for bids Hot Mixed Asphaltic Concrete

14.             No. PW050107-10 – Authorize staff to advertise for bids for 2007 Neighborhood Mill and Overlay Project No. ST07-1652

15.             No. PW050107-11 – Authorize staff to advertise for bids for a 2007 Articulating Motorgrader (replacement)

16.             No. PW050107-12 – Authorize the Mayor and Finance Officer to sign Amendment No. 5 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 $27,950.00

17.             No. PW050107-13 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for $103,780.00 for Preliminary Design for the Elk Vale Water Reservoir Project No. W07-1638

18.             No. PW050107-14 – Authorize the Mayor and Finance Officer to sign a Work Order from Montana-Dakota Utilities to relocate a gas line around the Dahl Art Center Expansion for an amount not to exceed $51,092.00.

19.             No. PW050107-15 - Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with FMG, Inc. for Material Testing for the Dahl Fine Arts Expansion Project No. IDP04-1367 for an amount not to exceed $28,325.15

20.             No. PW050107-16 – Authorize the Mayor and Finance Officer to sign Amendment Number One to the Professional Services Agreement with Sperlich Consulting, Inc. for Catron Boulevard Sanitary Sewer Main Extension Project No.: SS07-1635 / CIP #50671 for an amount not to exceed $34,789.00

21.             No. PW050107-17 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Geiger Architecture for the renovations and improvements to the Police Evidence-Traffic-Transit Building for an amount not to exceed $191,360.00

22.             No. 07VE005 - Approve with stipulations, a Vacation of a Drainage and Utility Easement for petitioner Terry E. Smith and Robin L. Patterson on Lot 1 of Block 3 of Stoney Creek Subdivision Phase I, located in the SW1/4 NW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located 5215 Winterset Drive

23.             No. 07VE006 - Deny without prejudice, a Vacation of Non-Access Easement for petitioner DOECK, LLC on Lot 32 of Block 3 of Auburn Hills Subdivision, located in the SW1/4 of the NW1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Charmwood Drive and Cobalt Drive

24.             Authorize staff to prepare a subdivision plat for Tract 3, Discovery Subdivision

25.             No. PW050107-20 – Authorize staff to advertise for bids for Rapid City Playgrounds Project (2012), Scott Mallow Park

26.             No. PW050107-21 - Authorize staff to advertise for bids for Rapid City Playgrounds Project (2012), College Park

Legal & Finance Committee Consent Items

27.             No. LF050207-01 - Authorize the Mayor and Finance Officer to sign South Dakota Department of Transportation Right of Way Permit Application for Festival of Presidents Parade

28.             No. LF050207-02 – Approve appointment of Pete Anderson to the Tax Increment Committee

29.             No. LF050207-03 – Approve appointment of Mark Bradsky to the Residential Contractor Board

30.             No. LF050207-26 - Approve appointment of Mayor Jim Shaw, Lloyd LaCroix, Malcom Chapman, Judge Janine Kern, Brenda Young, Sheryl Kirkeby, Karrie Robley, Dave Lust, and one member of the Black Hills Chamber of Commerce to the City Platform for Strengthening Families and Improving Outcomes for Children and Youth Task Force

31.             No. LF050207-05 - Request staff to schedule a meeting of the Consultant Selection Oversight Committee within the next 90 days

32.             No. LF050207-06 - Acknowledge Capital Improvements Program Committee monthly update for April, 2007

33.             No. LF050207-07 – Approve the 2007 -- 2012 Capital Plan for Streets, Drainage, MIP Projects

34.             Approve $13,000 from CIP Contingency for a sidewalk repair/replacement project for the Journey Museum

35.             Acknowledge report regarding the Budgeting for Outcomes Seminar in Little Rock, Arkansas

36.             Acknowledge report regarding Motorcycle Awareness month

37.             Request the Sign Code Task Force reconvene to discuss the issue of on-premise relocation of signs

38.             No. LF050207-09 – Authorize staff to apply for grant funding for police officers

39.             No. LF050207-09 – Authorize staff to enter into negotiations with Rapid City Schools for an additional liaison officer at Central High School

40.             No. LF050207-27 - Authorize staff to apply for Bulletproof Vest Partnership Grant

41.             No. LF050207-10 – Authorize the Mayor and Finance Officer to sign Agreement for Emergency Response to Weapons of Mass Destruction and Hazardous Materials Incidents between City of Rapid City, the Rapid City Department of Fire and Emergency Services, Pennington County, and Todd County

42.             No. LF050207-11 – Authorize staff to purchase three (3) Chevrolet Colorado Compact 4x4 crew cab pickup trucks from Lamb Chevrolet, Onida, South Dakota from the State of South Dakota Contract #14994 in an amount not to exceed $57,834.00

43.             No. LF050207-24 – Request the Mayor to renew the membership of the 2003 International Building Code committee and authorize staff and the committee to begin the process of adoption of the 2006 International Building Code

44.             No. LF050207-25 – Authorize staff and the contractor boards to begin reviewing the 2006 International Residential Code and the 2006 International Mechanical Code and bring forward recommendations for Council consideration following the completion of public hearings on all proposed revisions

45.             No. LF050207-12 – Approve Resolution to Amend the AFSCME Compensation Wage Plan to Establish the Position of Water Reclamation Truck Driver

46.             No. LF050207-13 – Approve Travel Request for Jim Preston, Coleen Schmidt, Pauline Sumption, Connie Ewing, Tracy Davis, Robin Bommersbach, Jason Green, Karie Price, and Cathy Druckrey to attend the HR and Finance Officers’ School in Pierre, SD, June 12-15, 2007, in the approximate amount of $3,167

47.             Acknowledge the following volunteer for workmen compensation purposes: Vera Mettler

48.             Acknowledge the report regarding Iron Planet (e-bay for heavy equipment)

49.             No. LF050207-14 – Authorize the Mayor and Finance Officer to sign Memorandum of Agreement with DTH, LLC regarding Vicki Powers Park and TID 54

50.             No. LF050207-15 – Approve Resolution Declaring Property Surplus for GIS

51.             No. LF050207-28 - Approve amended Travel Request for Dave McFarland to attend NAFA’s Fleet Management Institute from May 3-9, 2007, in an approximate amount of $2,623.62

52.             No. LF050207-17 – Acknowledge raffle request for Rapid City Regional Hospital Foundation

53.             No. LF050207-19 – Approve request for ice cream vending license from Fred V. Bush, Sr., d/b/a F & F Concession

54.             No. LF050207-22 – Acknowledge quarterly report on contracts reviewed by City Attorney’s office

55.             No. LF050207-29 - Approve raffle request from Black Hills Community Theatre

56.             No. LF050207-23 – Approve abatement for Kathy K. Mudlin, $219.88

57.             Approve the following licenses:  Central Station Service:   Alarm Central, LLC, Jeremy Wyble; Residential Contractor:   Ryan Kelly, Dean Kelly Construction Inc.; Shaun Clauson, Clauson Construction & Design Inc.; Kent Petersen, Petersen Custom Builders Inc.; Tim Wickler, Tim Wickler Construction; Euel Leonard IV, T-IV Construction; and George Matthew, G M & S Construction; Mobile Home Court:  Jennie Rosenkranz, Ash Avenue Mobile Home Park; Electrical Journeyman:  Ty Brown, Alvaro Navarro, Foster Boyd, and Harley Baker; Electrical Contractor/Master:  Tony Randolph, Covenant Electric; and Dan Anderson, S & D Electric; Gas Fitting Apprentice:  Tyler Stone; Plumbing Contractor:  Jon Anderson, Plumbing Plus; Darrel Barry, Darrell’s Plumbing & Heating; Tim Callahan, Callahan Plumbing & Heating; Michael Coleman, Progressive Plumbing; Daryl Aston, Action Mechanical; Mike Busetti, Black Hills Plumbing; Chad Erlenbusch, Always Plumbing; Joseph Fischbach, Fischbach Plumbing & Heating; Jason Franke, Day & Night Plumbing; Jeff Minnick, Minnick Plumbing; John D Hammond Jr., Action Mechanical; Rod Holmes, Holmes Plumbing Inc.; Tom Schultz, C & S Plumbing; John D Shook, Action Mechanical; Myron Tatum, Action Mechanical; and Curt Wieman, Wieman Plumbing & Heating; Plumbing Plumber:  Christopher Alumbaugh, Bradley Anderson, Eric Blackwell, Aaron Brown, Mark Butts, Dennis Carlton, Samuel Foight, Roger Friedrichsen, Terry Godfrey, Tim Hillestad, Roger Johnson, Joseph Kerns, Shawn Kluever, Troy Konda, Bill Mathieu, Tim Nayman, Scott Piebenga, Chadwick Raverty, Donnie Sheffield, Eric Shuman, Rick Sidle, Leonard Snavely, Brian Swenson, Timothy Van Buren, Shoun Vanderpol, and John Shorter; Plumbing Apprentice:  Marlon Bordeaux, Dustin Christensen, Marc Dummermuth, William Kribell, John Kushman, Clifford Larson, Casey Monson, Glenn Penwell, Kenneth Petersen, Rick Reed, Troy Sharkey, Byron Shots, Scott Thayer, and Antonio Weston Sr. 

Growth Management Department Consent Items

58.             No. 07PL044 - A request by Fisk Land Surveying & Consulting Engineers for Michael Leiby for a Layout Plat on Lots 16A and 16B of  Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 16 of Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5870 Mercury Drive.

59.             No. 07PL055 - A request by Fisk Land Surveying & Consulting Engineers for O'Brien Construction for a Preliminary Plat on Lots 8A and 8B of Lot 8, Block 10, Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 8 in Block 10 of Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Heidiway Lane between Carmel Point and Sheridan Lake Road.

60.             No. 07PL056 - A request by Fisk Land Surveying & Consulting Engineers for O'Brien Construction for a Preliminary Plat on Lots 9A, 9B, 10A and 10B,  Block 10, Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 9 and 10 in Block 10 of Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Heidiway Lane between Carmel Point and Sheridan Lake Road.

END OF CONSENT CALENDAR

Public Comment opened – Items 61 - 84

Public Comment closed

NON-CONSENT ITEMS – Items 61 - 84

ORDINANCES

61.             No. LF050207-20 – First Reading, Ordinance No. 5281 Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code

62.             No. LF050207-21 – First Reading, Ordinance No. 5282 Amending the Prohibition on Aggressive Solicitation Within the City of Rapid City by Amending Section 9.08.020(B)(4) of the Rapid City Municipal Code

63.             No. 07RZ029 - First Reading, Ordinance No. 5283, 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 a tract of land located in the N1/2 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington  County, South Dakota more particularly described as follows: Beginning at the C-W1/16 corner of said Section 3; thence along the east/west 1/4 line of said Section 3 S89º57'22"W a distance of 662.08 feet; thence S89º56'40"W a distance of 208.22 feet; thence S00º12'49"E a distance of 662.59 feet; thence N89º58'04"E a distance of 413.48 feet; thence S00º00'00"E a distance of 31.60 feet; thence N89º52'05"E a distance of 689.38 feet; thence S00º01'33"E a distance of 631.94 feet; thence N89º46'49"E a distance of 159.74 feet; thence S89º56'58"E a distance of 240.23 feet; thence S89º55'17"E a distance of 62.97 feet; thence N89º59'12"E a distance of 252.11 feet; thence N00º14'43"W a distance of 186.68 feet; thence N00º16'15"W a distance of 115.1 feet; thence S89º45'52"W a distance of 92.79 feet; thence N05º55'11"W a distance of 47.62 feet; thence N22º54'31"W a distance of 54.50 feet; thence N40º36'51"W a distance of 920.50 feet; thence N19D10'56"W a distance of 55.10 feet; thence N71º12'38"E a distance of 14.49 feet; thence N00º03'34"W a distance of 170.35 feet; thence S89º57'22"W a distance of 226.32 feet To the point of beginning: said tract containing 28.29 acres more or less, located south of Homestead Street between Elk Vale Road and Degeest Drive.

64.             No. 07RZ030 - First Reading, Ordinance No. 5284, 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 unplatted portion of the N1/2 of the N1/2 of the NW1/4 of the NE1/4 and the N1/2 of the N1/2 of the NE1/4 of the NW1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of Elk Vale Road and west of the southern terminus of Jolly Lane.

65.             No. 07RZ031 - First Reading, Ordinance No. 5285, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on the eastern 33 feet of Section 5 beginning at the SE corner of Section 5 extending 450 feet northerly and, the western 33 feet of Section 4 beginning at the SW corner of Section 4 extending northerly 450 feet, all located in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along a portion of South Valley Drive south of South Dakota Highway 44.

66.             No. 07RZ032 - First Reading, Ordinance No. 5286, 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 Light Industrial District on all of the dedicated right-of-way adjacent to the easterly boundary of Tract C of the SE1/4 SE1/4, Lot H of Tract A and Lot N of Tract A of Schlottman Addition, to the centerline of East Saint Andrew Street located in the SE1/4 SE1/4 Section 5; and, all of the dedicated right-of-way adjacent to the westerly boundary of Lot 1 of Lot D and Lot D to the centerline of East Saint Andrew Street, located in the SW1/4 SW1/4, Section 4, all located in T1N, R8E, BHM, Rapid City, South Dakota, located on South Valley Drive south of South Dakota Highway 44.

67.             No. 07RZ033 - First Reading, Ordinance No. 5287, 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 NE1/4 NW1/4 of Section 19, T2N, R8E, BHM, Pennington County, South Dakota, less from the north 1/4 corner of Section 19, T2N, R8E, BHM, on the 1/4 line S00º14’33”W 33.00 feet to the point of beginning; thence S00º14’33”W 260.00 feet; thence N89º33’54”W 207.54 feet; thence N00º14’33”E 260.00 feet; thence S89º33’54”E 207.54 feet to the point of beginning, all located in the Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located east of West Nike Road and south of Country Road.

68.             No. 07RZ034 - First Reading, Ordinance No. 5288, 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 to Low Density Residential II on the east 33 feet of the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Bunker Drive.

69.             No. 07RZ035 - First Reading, Ordinance No. 5289, 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 Medium Density Residential District on that portion of the east 33 feet of the S1/2 SE1/4 SE1/4, Section 14, T2N, R7E; the south 33 feet of the S1/2 SW1/4 SW1/4 of Section 13, T2N, R7E; and the west 33 feet of the S1/2 SW1/4 SW1/4, Section 13, T2N, R7E; and the east 918.40 feet of the north 33 feet of the NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Country Road West.

70.             No. 07RZ037 - First Reading, Ordinance No. 5290, 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 south 33 feet of the SW1/4 SE1/4, and the south 33 feet of the W1/2 SE1/4 SE1/4; all located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Seger Drive and North Elk Vale Road.

71.             No. 07RZ038 - First Reading, Ordinance No. 5291, 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 eastern 33 feet of the E1/2 SE1/4 SE1/4, all located in Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Seger Drive and North Elk Vale Road.

72.             No. 07OA004 - Second Reading, Ordinance No. 5279, An Ordinance to Correct the Numbering of Certain Subsections of Section 17.22.030 of The Rapid City Municipal Code

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

73.             No. CC050707-04 - Approve increase for the Government Buildings Five-Year Plan by $450,000 per year, beginning 2008

74.             No. 07TI005 - A request by Dream Design International, Inc. to consider an application for a Resolution Creating Tax Increment District No. 62 on Tract NW 66; balance of Lots 12 through 16 and the north 10 feet of vacated alley adjacent to Lots 12 through 16 Block 66, Original Town of Rapid City, Pennington County, South Dakota, less Lots H1, Section 36, T2N, R7E, BHM; Lot 1 of Dan’s Supermarket Tract Revised Located in Block 66 of the Original Townsite of Rapid City, Pennington County, South Dakota, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Dan’s Supermarket Tract Revised in Blocks 66 and 67 of the Original Townsite of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 24, Page 177, EXCEPTING therefrom Lot 1 of Dan’s Supermarket Tract Revised, as shown on the plat filed in Plat Book 29, Page 110, also EXCEPTING therefrom Lot H1, as shown on the plat filed in Highway Plat Book 10, Page 84, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Lots 6 through 16, in Block 76 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota,Lots 8 through 16 in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 1 through 7, inclusive, in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 17 through 24, both inclusive, of the Original Townsite, Block 96 of Rapid City, Pennington County, South Dakota, Lots 25 through 32 in Block 96 of the original townsite of Rapid City, Pennington County, South Dakota, Lots One through Sixteen, Block 95, original town, Rapid City, Pennington County, South Dakota, Original Town of Rapid City Block 95 North 90’ of Lot 22 & Lots 23-28 Inclusive & W1/2 of Lot 29, The E1/2 of Lot 29 and All of Lot 30 in Block 95 of the Original Townsite of Rapid City, Pennington County, South Dakota, Lots 31 and 32 in Block 95 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 8 and 9 in Block 105 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 3 through 7 inclusive in Block 105 of the Original Town, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. The North 90 Feet of Lot 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, The South 50 Feet of Lots 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, Lots 25 and 26 in Block 105, in the Original Town of Rapid City, Pennington County, South Dakota, Lot 27 and the west half of Lot W28 in Block 105 of the Original Townsite to the City of Rapid City, Pennington County, South Dakota, The E1/2 of Lot 28 and all of Lot 29 in Block 105 of the Original Townsite of The City of Rapid City, Pennington County, South Dakota, Lots 30, 31, and 32 of Block 105 of the Original Townsite of Rapid City, Pennington County, South Dakota, together with all improvements thereon, Lot A of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, Lot B of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, The South 70 Feet of Lots 17-24, less a portion of Lot H1 in Lot 17, of Block 126 of the Original Townsite of Rapid City, Pennington County, South Dakota, Fifth (5th) Street Public Right-of-Way, from Omaha Street, southerly  to South Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Rapid Street Public Right-of Way, from Fifth (5th) Street, easterly to Third (3rd) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way, adjacent to Lots 6 through 16, in Block 76 of the Original Townsite of Rapid City, Pennington County, South Dakota, Saint Joseph Street Public Right-of-Way, from Sixth (6th) Street, easterly to Fourth (4th) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 95, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 96, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Kansas City Street Public Right-of-Way, adjacent to Lots 1 through 9, in Block 105, of the Original Townsite of Rapid City, South Dakota, Entire Public Alley Right-of-Way, adjacent to Lots 25 through 32, in Block 105, of the Original Townsite of Rapid City, South Dakota, All located in Section 1, T1N, R7E, BHM, more generally described as being located between Omaha Street and South Street between 3rd Street and 6th Street. 

75.             No. 07TI006 - A request by Dream Design International, Inc. to consider an application for a Tax Increment District No. 62 Project Plan on Tract NW 66; balance of Lots 12 through 16 and the north 10 feet of vacated alley adjacent to Lots 12 through 16 Block 66, Original Town of Rapid City, Pennington County, South Dakota, less Lots H1, Section 36, T2N, R7E, BHM; Lot 1 of Dan’s Supermarket Tract Revised Located in Block 66 of the Original Townsite of Rapid City, Pennington County, South Dakota, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Dan’s Supermarket Tract Revised in Blocks 66 and 67 of the Original Townsite of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 24, Page 177, EXCEPTING therefrom Lot 1 of Dan’s Supermarket Tract Revised, as shown on the plat filed in Plat Book 29, Page 110, also EXCEPTING therefrom Lot H1, as shown on the plat filed in Highway Plat Book 10, Page 84, Section 36, T2N, R7E, BHM, and Section 1, T1N, R7E, BHM; Lots 6 through 16, in Block 76 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota,Lots 8 through 16 in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 1 through 7, inclusive, in Block 96 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 17 through 24, both inclusive, of the Original Townsite, Block 96 of Rapid City, Pennington County, South Dakota, Lots 25 through 32 in Block 96 of the original townsite of Rapid City, Pennington County, South Dakota, Lots One through Sixteen, Block 95, original town, Rapid City, Pennington County, South Dakota, Original Town of Rapid City Block 95 North 90’ of Lot 22 & Lots 23-28 Inclusive & W1/2 of Lot 29, The E1/2 of Lot 29 and All of Lot 30 in Block 95 of the Original Townsite of Rapid City, Pennington County, South Dakota, Lots 31 and 32 in Block 95 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 8 and 9 in Block 105 of the Original Townsite of the City of Rapid City, Pennington County, South Dakota, Lots 3 through 7 inclusive in Block 105 of the Original Town, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. The North 90 Feet of Lot 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, The South 50 Feet of Lots 1 and 2 in Block 105 of the Original Town of Rapid City, Pennington County, South Dakota, Lots 25 and 26 in Block 105, in the Original Town of Rapid City, Pennington County, South Dakota, Lot 27 and the west half of Lot W28 in Block 105 of the Original Townsite to the City of Rapid City, Pennington County, South Dakota, The E1/2 of Lot 28 and all of Lot 29 in Block 105 of the Original Townsite of The City of Rapid City, Pennington County, South Dakota, Lots 30, 31, and 32 of Block 105 of the Original Townsite of Rapid City, Pennington County, South Dakota, together with all improvements thereon, Lot A of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, Lot B of Knights of Columbus Subdivision, City of Rapid City, as shown by the plat recorded in Book 34 of Plats on Page 66 in the Office of the Register of Deeds, Pennington County, South Dakota, The South 70 Feet of Lots 17-24, less a portion of Lot H1 in Lot 17, of Block 126 of the Original Townsite of Rapid City, Pennington County, South Dakota, Fifth (5th) Street Public Right-of-Way, from Omaha Street, southerly  to South Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Rapid Street Public Right-of Way, from Fifth (5th) Street, easterly to Third (3rd) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way, adjacent to Lots 6 through 16, in Block 76 of the Original Townsite of Rapid City, Pennington County, South Dakota, Saint Joseph Street Public Right-of-Way, from Sixth (6th) Street, easterly to Fourth (4th) Street, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 95, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Public Alley Right-of-Way located in Block 96, of the Original Townsite of Rapid City, Pennington County, South Dakota, Entire Kansas City Street Public Right-of-Way, adjacent to Lots 1 through 9, in Block 105, of the Original Townsite of Rapid City, South Dakota, Entire Public Alley Right-of-Way, adjacent to Lots 25 through 32, in Block 105, of the Original Townsite of Rapid City, South Dakota, All located in Section 1, T1N, R7E, BHM, more generally described as being located between Omaha Street and South Street between 3rd Street and 6th Street. 

76.             No. LF050207-16A – Resolution Amending Resolution Establishing 2007 Golf Course Fees

PUBLIC WORKS COMMITTEE ITEMS

BIDS

77.             No. CC050707-02 – Copier Leasing and Maintenance Program, C / SAC 2nd Floor City Offices (opened April 17, 2007)

78.             No. CC050707-02 – Downtown Pavement Repair 2007 Project No. STCM07-1642 / CIP No. 50455 (opened May 1, 2007)

79.             No. CC050707-02 – Well No. 8 Pump Replacement Project No. W07-1644 / CIP No. 50677 (opened May 1, 2007)

80.             No. CC050707-02 – Utility Cut Portland Cement Replacement for Water/Water Reclamation Divisions (opened May 1, 2007)

81.             No. CC050707-02 – Bus Stop Benches (opened May 1, 2007)

82.             No. CC050707-02 – Transportation Natural Gas (opened May 1, 2007)

MAYOR’S ITEMS

83.             2012 Report

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

84.             No. CC050707-03 – Authorize the Mayor and Finance Officer to sign a Landlord’s Covenants and Estoppel Agreement between the City of Rapid City and Community Education Centers, Inc.

APPEALS

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 85 - 138

Open Public Hearing (comment) -- Items 85 – 138

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 85 - 125

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

Continue the following items until May 21, 2007:

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

86.             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.

87.             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.

88.             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.

89.             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.

90.             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.

91.             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.

92.             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.

93.             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.

94.             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.

95.             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.

96.             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.

97.             No. 07CA008 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial on Lot 1 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elk Vale Road and Creek Drive.

98.             No. 07CA011 - A request by enVision Design, Inc. for Plum Creek Development LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to Office Commercial with a Planned Commercial Development on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County South Dakota. more particularly described as follows: Commencing at the west one-quarter corner of said SW1/4 of Section 16; Thence S00º02'47"E a distance of 520.56 feet to the true point of beginning; Thence S64º12'46"E a distance of 216.53 feet; Thence S37º01'44"W a distance of 323.28 feet; Thence N00º02'47"W a distance of 352.28 feet to the true point of beginning containing an area of 1 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

99.             No. 07CA012 - A request by enVision Design, Inc. for Plum Creek Development LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial with a Planned Commercial Development on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: beginning at the southwest corner of said SW1/4 of Section 16, monumented with a “Brass Cap”; Thence N00˚02'47"W along the west line of said SW1/4 of Section 16 a distance of 659.14 feet; Thence N43º11'32"E a distance of 908.40 feet to the south line of the N1/2 of said SW1/4; Thence N89º56'28"E along said south line a distance of 764.34 feet; Thence S11º27'13"W a distance of 176.90 feet; Thence S00º00'00"E a distance of 425.77 feet; Thence N90º00'00"E a distance of 82.76 feet; Thence S47º24'00"E a distance of 55.30 feet; Thence S42º36'00"W a distance of 679.73 feet; Thence S36º48'24"E a distance of 230.78 feet to the south line of said SW1/4; Thence S89º58'32"W along said south line a distance of 1152.06 feet to the point of beginning, containing an area of 34 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

100.         No. 07CA013 - A request by enVision Design, Inc. for Plum Creek Development LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial with a Planned Commercial Development on a Tract of land located in the SW1/4 of Section 16, T1N, R8E of the BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing  at the west one-quarter corner of said SW1/4 of Section 16; Thence N89º53'45"E a distance of 963.59 feet; to the true point of beginning; Thence N89˚53'45"E a distance of 440.90 feet; Thence S25º29'36"W a distance of 1072.85 feet to a point of curvature; Thence along the arc of a curve to the right having a radius of 204.00 feet, a central angle of 07º38'22" for a distance of 27.20 feet; Thence N60º47'57"W a distance of 304.64 feet; Thence N64º12'46"W a distance of 214.00 feet; Thence N37º01'44"E a distance of 266.29 feet to a point on a curve from which the radius point of said curve bears N52º56'54"W a distance of 3424.04 feet; Thence northeasterly along the arc of a curve to the left having a radius of 3424.04 feet, a central angle of 10º34'59" for a distance of 632.45 feet to the true point of beginning, containing an area of 10 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

101.         No. 07CA017 - A request by enVision Design, Inc. for Plum Creek Development LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial with a Planned Commercial Development on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. More particularly described as follows: Commencing at the southwest corner of said SW1/4 of Section 16, monumented with a “brass cap”: Thence N00º02'47"W along the west line of said SW1/4 of Section 16 a distance of 1320.78 feet to the south line of the N1/2 of said SW1/4; Thence N89º56'28"E along said south line a distance of 622.29 feet to the true point of beginning; Thence N43º11'32"E a distance of 341.06 feet; Thence S52º58'51"E a distance of 45.24 feet; Thence S73º29'03"E a distance of 86.87 feet; Thence N65º38'53"E a distance of 86.30 feet; Thence N45º00'00"E a distance of 240.00 feet; Thence S45º00'00"E a distance of 127.13 feet to a point on a curve from which the radius of said curve bears S38º06'51"E a distance of 296.00 feet; Thence north easterly along the arc of a curve to the right having a radius of 296.00 feet, a central angle of 18º38'05" for a distance of 96.27 feet; Thence departing said curve S00º06'26"E a distance of 301.76 feet; Thence S11º27'13"W a distance of 233.77 feet; Thence S00º00'00"E a distance of 425.77 feet; Thence N90º00'00"E a distance of 82.76 feet; Thence S47º24'00"E a distance of 55.30 feet; Thence S42º36'00"W a distance of 223.52 feet to the east line of the SW1/4 of the SW1/4 of said Section 16; Thence N00º01'14"W along said east line a distance of 801.05 feet to said south line of the N1/2 of the SW1/4; Thence S89º56'28"W along said south line a distance of 701.09 feet to the true point of beginning, containing an area of five acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

102.         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.

103.         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.

104.         No. 07PL026 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 6A and Lot 6B of Block 19 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6 of Block 19 of Red Rock Estates, located in the SE1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Ainsdale Court.

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

106.         No. 07PL034 - A request by Ron Davis for Davis Engineering, Inc. for a Preliminary Plat on Lots 8 thru 12 of Block 5; Lot 11 of Block 6; Lots 1 thru 3 of Block 7; and Lot 2 of Block 8 of Murphy Ranch Estates Subdivision, located on the NE1/4 of the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of the unplatted balance of Tract F on the NE1/4 of the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located east of Reservoir Road and south of Longview Road.

107.         No. 07PL038 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 through 7 of Block 1, Tracts A, B, C, D, and E of Block 2, Lots 1 through 9 of Block 3, Tracts G and J, of Rushmore Crossing, and Eglin Street (formerly part Farnwood Avenue), Luna Avenue extension, areas dedicated for public right-of-way purposes, easements and vacation of easements and public right-of-ways of Rushmore Crossing in Sections 29, 30 and 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota., legally described as Lots BR of Lots 2 of the SE1/4 SW1/4  of Section 29; Lots C of Lots 2 of the SE1/4 SW1/4 of Section 29; Tract C of the SW1/4 of Section 29; Lots 1 of the SW1/4 SE1/4 Section 29; Lots A of Lots 1 and 2 on the SE1/4 SE1/4 of Section 29; Lots 1R of Lots 1 and 2 of the SE1/4 SW1/4 of Section 29; unplatted portions of the SW1/4 of Section 29; Lots H-1, located in the N1/2 SE1/4 of Section 30; part of Lots 1 and 2, Block 2 of Rapps Addition, located in the SE1/4 of Section 30; part of Lots M, located in the NW1/4 SE1/4 of Section 30; part of Lots K-4 of Marshall Heights Tract, located in the SW1/4 of Section 30; and the unplatted portions of the SE1/4 of Section 30; and Tract C in the NE1/4 NW1/4 and the NW1/4 NE1/4 of Section 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Interstate 90 and North LaCrosse Street.

108.         No. 07PL045 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Preliminary Plat on Lots 25 thru 32 of Block 18, Lots 9 thru 15 and Lots 18 thru 20 of Block 24, Lots 4 thru 9 of Block 25, and Lots 1 thru 5 of Block 26, Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Savannah Street and southeast of the intersection of Albert Land and Plateau Lane.

109.         No. 07PL053 - A request by Renner & Associates, LLC for Stephen E. Hilton for a Layout Plat on Hilton Tract of Palmer Subdivision of Section 14, T2N, R6E, BHM, Pennington County, South Dakota, legally described as Tract A of Palmer Subdivision and the SW1/4 of the NW1/4 of Section 14, T2N, R6E, BHM, Pennington County, South Dakota, located east of Potter Road and north of Palmer Road.

110.         No. 07PL054 - A request by Cody Schad for a Layout Plat on Lots 1, 2, 3 and 4  of Quartz Canyon Subdivision, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Government Lot 1,  and  Lot A of Lot 2 of SW/14 NW/14, and Government Lot 2 less Lot A, all of Section 7, T1S, R7E, BHM, and Government Lot 6 of Section 6, T1S, R7E, BHM,  Pennington County, South Dakota, located near the Strato Bowl.

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

112.         No. 07RZ016 - Second Reading, Ordinance No. 5273, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by enVision Design, Inc. for Plum Creek Development LLC for a Rezoning from General Commercial District to Office Commercial District on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County South Dakota. more particularly described as follows: Commencing at the west one-quarter corner of said SW1/4 of Section 16; Thence S00º02'47"E a distance of 520.56 feet to the true point of beginning; Thence S64º12'46"E a distance of 216.53 feet; Thence S37º01'44"W a distance of 323.28 feet; Thence N00º02'47"W a distance of 352.28 feet to the true point of beginning containing an area of 1 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road. 

113.         No. 07RZ017 - Second Reading, Ordinance No. 5274, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by enVision Design, Inc. for Plum Creek Development LLC for a Rezoning from General Agriculture District to General Commercial District on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: beginning at the southwest corner of said SW1/4 of Section 16, monumented with a “Brass Cap”; Thence N00˚02'47"W along the west line of said SW1/4 of Section 16 a distance of 659.14 feet; Thence N43º11'32"E a distance of 908.40 feet to the south line of the N1/2 of said SW1/4; Thence N89º56'28"E along said south line a distance of 764.34 feet; Thence S11º27'13"W a distance of 176.90 feet; Thence S00º00'00"E a distance of 425.77 feet; Thence N90º00'00"E a distance of 82.76 feet; Thence S47º24'00"E a distance of 55.30 feet; Thence S42º36'00"W a distance of 679.73 feet; Thence S36º48'24"E a distance of 230.78 feet to the south line of said SW1/4; Thence S89º58'32"W along said south line a distance of 1152.06 feet to the point of beginning, containing an area of 34 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road. 

114.         No. 07RZ018 - Second Reading, Ordinance No. 5275, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by enVision Design, Inc. for Plum Creek Development LLC for a Rezoning from Office Commercial District to General Commercial District on a Tract of land located in the SW1/4 of Section 16, T1N, R8E of the BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing  at the west one-quarter corner of said SW1/4 of Section 16; Thence N89º53'45"E a distance of 963.59 feet; to the true point of beginning; Thence N89˚53'45"E a distance of 440.90 feet; Thence S25º29'36"W a distance of 1072.85 feet to a point of curvature; Thence along the arc of a curve to the right having a radius of 204.00 feet, a central angle of 07º38'22" for a distance of 27.20 feet; Thence N60º47'57"W a distance of 304.64 feet; Thence N64º12'46"W a distance of 214.00 feet; Thence N37º01'44"E a distance of 266.29 feet to a point on a curve from which the radius point of said curve bears N52º56'54"W a distance of 3424.04 feet; Thence northeasterly along the arc of a curve to the left having a radius of 3424.04 feet, a central angle of 10º34'59" for a distance of 632.45 feet to the true point of beginning, containing an area of 10 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road. 

115.         No. 07RZ028 - Second Reading, Ordinance No. 5280, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by enVision Design, Inc. for Plum Creek Development LLC for a Rezoning from Low Density Residential II District to General Commercial District on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; more particularly described as follows: Commencing at the southwest corner of said SW1/4 of Section 16, monumented with a “brass cap”: Thence N00º02'47"W along the west line of said SW1/4 of Section 16 a distance of 1320.78 feet to the south line of the N1/2 of said SW1/4; Thence N89º56'28"E along said south line a distance of 622.29 feet to the true point of beginning; Thence N43º11'32"E a distance of 341.06 feet; Thence S52º58'51"E a distance of 45.24 feet; Thence S73º29'03"E a distance of 86.87 feet; Thence N65º38'53"E a distance of 86.30 feet; Thence N45º00'00"E a distance of 240.00 feet; Thence S45º00'00"E a distance of 127.13 feet to a point on a curve from which the radius of said curve bears S38º06'51"E a distance of 296.00 feet; Thence north easterly along the arc of a curve to the right having a radius of 296.00 feet, a central angle of 18º38'05" for a distance of 96.27 feet; Thence departing said curve S00º06'26"E a distance of 301.76 feet; Thence S11º27'13"W a distance of 233.77 feet; Thence S00º00'00"E a distance of 425.77 feet; Thence N90º00'00"E a distance of 82.76 feet; Thence S47º24'00"E a distance of 55.30 feet; Thence S42º36'00"W a distance of 223.52 feet to the east line of the SW1/4 of the SW1/4 of said Section 16; Thence N00º01'14"W along said east line a distance of 801.05 feet to said south line of the N1/2 of the SW1/4; Thence S89º56'28"W along said south line a distance of 701.09 feet to the true point of beginning, containing an area of five acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road. 

116.         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.

117.         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.

118.         No. 07SV008 - A request by Sperlich Consulting, Inc. for Schriner Investments, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, water, sewer and street light conduit and to reduce the width of the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 6 of Block 1, Lots 1 thru 5 of Block 2, Lot 1 of Block 3 of Medicine Ridge Subdivision, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4 excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Enchantment Road and east of Enchanted Pines Drive.

119.         No. 07SV010 - A request by D. C. Scott Co. Land Surveyors for Wesleyan Church for a Variance to the Subdivision Regulations to waive the requirement to develop section line right-of-way on an extension of Jolly Lane, dedicate additional public right-of-way on an extension of Jolly Lane, or install sidewalk on Jolly Lane; and to waive the requirements to install curb, gutter, sidewalk, sewer, water, or planting screen easement on Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Word of Hope Subdivision, located in the NE1/4 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NE1/4 SE1/4, lying southeast of Elk Vale Road,  Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Jolly Lane, at the north end between Jolly Lane cul-de-sac and curve in Elk Vale Road.

120.         No. 07SV013 - 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, sewer, water and pavement and to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 7 of Block 1, Tracts A, B, C, D, and E of Block 2, Lots 1 through 9 of Block 3, Tracts G and J, of Rushmore Crossing, and Eglin Street (formerly part Farnwood Avenue), Luna Avenue extension, areas dedicated for public right-of-way purposes, easements and vacation of easements and public right-of-ways of Rushmore Crossing in Sections 29, 30 and 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota., legally described as Lots BR of Lots 2 of the SE1/4 SW1/4  of Section 29; Lots C of Lots 2 of the SE1/4 SW1/4 of Section 29; Tract C of the SW1/4 of Section 29; Lots 1 of the SW1/4 SE1/4 Section 29; Lots A of Lots 1 and 2 on the SE1/4 SE1/4 of Section 29; Lots 1R of Lots 1 and 2 of the SE1/4 SW1/4 of Section 29; unplatted portions of the SW1/4 of Section 29; Lots H-1, located in the N1/2 SE1/4 of Section 30; part of Lots 1 and 2, Block 2 of Rapps Addition, located in the SE1/4 of Section 30; part of Lots M, located in the NW1/4 SE1/4 of Section 30; part of Lots K-4 of Marshall Heights Tract, located in the SW1/4 of Section 30; and the unplatted portions of the SE1/4 of Section 30; and Tract C in the NE1/4 NW1/4 and the NW1/4 NE1/4 of Section 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Interstate 90 and North LaCrosse Street.

121.         No. 07SV016 - A request by David Kallemeyn for Irvin W. and Illa M. Cannon for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk,  pavement, street light conduit, water and sewer along Easy Street and to waive the requirement to install sidewalk along Corral Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 24A and 24B of the NE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 24 of the NE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3375 Corral Drive.

122.         No. 07SV020 - A request by Cody Schad for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, pavement, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2, 3  and 4 of Quartz Canyon Subdivision, Section  7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Government Lot 1,  and  Lot A of Lot 2 of SW/14 NW/14, and Government Lot 2 less Lot A, all of Section 7, T1S, R7E, BHM, and Government Lot 6 of Section 6, T1S, R7E, BHM,  Pennington County, South Dakota, located near the Strato Bowl.

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

124.         No. 07VR002 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on the Rapp Street H-Lot located in the NE1/4 SW1/4 and NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Rapp Street east of LaCrosse Street.

125.         No. 07VR003 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on the Lot H-1 located in the S1/2 N1/2 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of I90 and west of East North Street.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 85 – 138

CONSENT PUBLIC HEARING ITEMS – Item 126 - 133

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

126.         At Tatiana’s, Inc. dba At Tatiano’s – The Russian Restaurant, 1115 East North Street for a Retail (On-Sale) Wine License

127.         At Tatiana’s, Inc. dba At Tatiano’s – The Russian Restaurant, 1115 East North Street for a Retail (On-Off Sale) Malt Beverage License (No Video Lottery)

128.         Rapid City Regional Hospital Foundation for a special Wine License for an event scheduled June 23, 2007 at The Club at Red Rock, 6520 Birkdale Drive

129.         Faryat, Inc. dba Botticelli Ristorante Italiano, 523 Main Street for a Package (Off-Sale) Liquor License

130.         Frank Morrison dba Thirsty’s, 819 Main Street for a Retail (On-Sale) Wine License

131.         Frank Morrison dba Thirsty’s, 819 Main Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery Transfer from The Retired Enlisted Association, Chapter 29, 1981 East Centre Street

132.         M.G. Oil Company dba Chance’s Casino, 110 N. Cambell St., Suite E for a Retail (On-Off Sale) Malt Beverage License with Video Lottery Transfer from Vernon D. Hellwig dba Chance’s, 110 Cambell St., Suite E

133.         M.G. Oil Company dba Corner Pantry – Deadwood Avenue, 501 Deadwood Avenue for a Package (Off-Sale) Malt Beverage License Transfer from Flannery Oil, Inc. dba Corner Pantry – Deadwood Avenue, 501 Deadwood Avenue

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 134 - 138

134.         No. 07CA016 - A request by Fisk Land Surveying & Consulting Engineers for Jenicey - Craig Uhre President for an Amendment to the Adopted Comprehensive Plan to change the land use designation  from Industrial to General Commercial with a Planned Commercial Development on Lot A of Tract 2 of Kormylo Subdivision, located in the SW1/4 NW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3980 South Highway 79.

135.         No. 07PD020 - An appeal of the Planning Commission's decision on a request by ARC International, Inc. for First Western Condominium Association for a Major Amendment to a Planned Commercial Development on Tract A of Block 4 of Riverside Addition located in SE1/4 of SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 333 West Boulevard.

136.         No. 07SV017 - A request by Fisk Land Surveying & Consulting Engineers for Michael Leiby for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 16A and 16B of  Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 16 of Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5870 Mercury Drive.

137.         No. 07SV021 - A request by Fisk Land Surveying & Consulting Engineers for O'Brien Construction for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk on the west side of Carmel Point as per Chapter 16.16 of the Rapid City Municipal Code on Lots 8A, 8B, 9A, 9B, 10A and 10B,  Block 10, Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 8, 9 and 10 in Block 10 of Fairway Hills PRD, located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Heidiway Lane between Carmel Point and Sheridan Lake Road.

138.         No. 07RZ019 - Second Reading, Ordinance No. 5276, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by Fisk Land Surveying & Consulting Engineers for Jenicey, Inc., Craig Uhre President for a Rezoning from Heavy Industrial District to General Commercial District on Lot A of Tract 2 of Kormylo Subdivision, located in the SW1/4 NW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast corner of the intersection of U.S. Highway 79 South Minnesota Street.

BILLS

139.         No. CC050707-01 Bill List for May 7, 2007

EXECUTIVE SESSION

ADJOURN