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

July 16, 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 July 2, 2007

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for July, 2007

2.                  Employee Recognitions and Awards for July, 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 - 66

Public Comment opened – Items 3 - 54

Public Comment closed

CONSENT ITEMS – Items 3 - 54

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

Vacations of Right-Of-Way Set for Hearing (August 20, 2007)

3.                  No. 07VR006 - A request by Advanced Engineering for Frank Washburn for a Vacation of Right-of-Way on an alley adjacent to Lots 9 thru 20 of Block 7 of Blake's Addition, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on an alley between East Boulevard North and North Maple Avenue and E. Philadelphia Street and E. New York Street.

Alcoholic Beverage License Applications Set for Hearing (August 6, 2007)

4.                  Leading Edge Management, LLC dba Buffalo Wings and Rings, 5622 Sheridan Lake Road for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

5.                  Kurylas, Inc. dba Imperial Inn, 100 St. Joseph Street for a Retail (On-Sale) Liquor License Sunday Opening

Public Works Committee Consent Items

6.                  No. PW071007-01 - Acknowledge the report on the Harmony Lane development issues

7.                  Refer the issue of parkland requirements to Planning Commission, Growth Management, and the School District for discussion and consideration on bringing forward guidelines and possible rules regarding parkland allocation as part of development. 

8.                  No. PW071007-02 - Referred Knollwood Drainage Improvement Project and stormwater issues on the 100 block of Cambell Street to the Capital Improvements Program Committee. 

9.                  No. PW071007-03 – Approve and accept the Water Reclamation Facility Digester Repair and Improvements Project Phase I Findings Document. 

10.             No. PW071007-04 - Approve Change Order No. 1 for Canyon Lake Drive & Soo San Drive 14" Water Main Lime Creek Element 382 Project No. W06-1562 / CIP No. 50598 to Mainline Contracting, Inc. for an increase of $4,004.00. 

11.             No. PW071007-05 - Approve Change Order No. 1 for North Deadwood Avenue Sanitary Sewer Expansion Project No. SSW02-1258 / CIP No. 50315 to Quinn Construction, Inc. for an increase of $8,895.94. 

12.             No. PW071007-06 - Approve Change Order No. 1F for Mountain View Cemetery Irrigation System - Phase 2 Project No. PR07-1629 / CIP No. 50090 to McKinstry / Anderson Landscape & Irrigation for an increase of 283.97. 

13.             No. PW071007-07 - Approve Change Order No. 1F for East Franklin Street Sanitary Sewer Project No. SS06-1557 / CIP No. 50648 to Warax Excavating, Inc. for a decrease of $5,991.43. 

14.             No. PW071007-08 - Approve Change Order No. 3F for Country Road Regional Lift Station Project No. SS03-1255 / CIP No. 50376 to R.C.S. Construction for an increase of $303.60. 

15.             No. PW071007-09 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with American Engineering Testing, Inc. for a Geotechnical Study for Horace Mann Pool in an amount not to exceed $4,665.00. 

16.             No. PW071007-10 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with HDR Engineering, Inc. for Elk Vale Lift Station Evaluation Project No. SS07-1662 / CIP #50688 for an amount not to exceed $9,972.00. 

17.             No. PW071007-11 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Burns & McDonnell Engineering Company, Inc. for Water Reclamation Facility Digester Repair and Improvements – Phase II Project No. WRF07-1549A for an amount not to exceed $77,054.00. 

18.             No. PW071007-12 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee for Mall Drive and Haines Avenue Improvements. 

19.             No. PW071007-13 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for the Grimm Addition. 

20.             No. PW071007-14 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Atlantis, LLC – Fairfield and LaQuinta. 

21.             No. PW071007-15 – Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Country Road Extension Phase. 

22.             No. PW071007-16 – Approve a Resolution fixing time and place for hearing on August 6, 2007 on Assessment Roll for 2007 Sidewalk Improvement Project No. SWK07-1611. 

23.             No. PW071007-17 - Direct staff to proceed with the Lemmon Avenue Right-Of-Way Vacation of the properties on which signatures have been obtained, and proceed with the remaining properties as signatures are received. 

24.             No. PW071007-19 – Authorize staff to seek engineering consultant proposals for Eglin Street Extension; CIP # 50560-1470. 

25.             No. PW071007-20 - Acknowledge report on utility billing conversion and new water bill. 

26.             No. 07VE011 - Approve with stipulations, a request by Dr. Gregory P. Williams to consider an application for a Vacation of a portion of a Utility and Minor Drainage Easement on Lot 1B of North 80 Subdivision, located formerly in Government Lot 2, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 330 E. Stumer Road. 

27.             No. 07TP013 – Approve the 2008-2012 Transportation Improvement Program – Draft Report. 

Legal & Finance Committee Consent Items

28.             Acknowledge appointment of Pauline Sumption as Acting Finance Officer; and approve temporary placement on the pay matrix from Step 25C to Step 25I. 

29.             Acknowledge appointment of Jean Hawkinson as Acting Computer Director; and approve temporary placement on the pay matrix from Step 19O to Step 24F. 

30.             No. LF071107-01 – Approve Resolution Endorsing the National League of Cities Platform for Strengthening and Improving Outcomes for Children and Youth. 

31.             No. LF071107-02 – Acknowledge Capital Improvements Program Committee monthly update for June 2007. 

32.             No. LF071107-03 – Approve 2007 Capital Plan for Streets, Drainage and MIP Projects for June 2007. 

33.             Adjust the Government Buildings 5-year plan by adding the library acoustics in the Amount of $95,000; C/SAC ADA upgrade for ramp in the amount of $18,000; C/SAC ADA upgrade for restrooms in the amount of $21,000. 

34.             No. LF071107-04 – Approve Travel Request for Cathy Bock and Robin Black to attend International Association of Women Police Training Conference September 23-27, 2007, in Denver Colorado, in an approximate amount of $2,371. 

35.             No. LF071107-05 – Approve Event Permit for Convention & Visitors Bureau to close 6th Street from Rapid Street to Main Street for the Budweiser Clydesdales and to hold a parade for the Clydesdales on August 6, 2007. 

36.             No. LF071107-06 – Approve Travel Request for Damon Hartmann and Jack Tomac to attend 2007 Advanced Fire Investigation Seminar September 17-21, 2007, in Denver, CO, in an approximate amount of $2,325. 

37.             No. LF071107-16 – Approve Travel Request for Jerry Mitchell to attend 2007 AAAE Airport CEO and Commissioner Policy Summit in San Francisco, CA, August 4-7, 2007, in the approximate amount of $2,015. 

38.             No. LF071107-17 – Approve Travel Request for 4 ARFF to attend ARFF Training Center in Salt Lake City UT, September 9-14, 2007, in the Approximate Amount of $6,224. 

39.             No. LF071107-18 – Approve Travel Request for Mason Short, Mark Nagel, Cameron Humphres, Jennifer Eckman, and John Robinson to attend interviews for Deputy Airport Director May 30-June 1, 2007, in the amount of $2,100. 

40.             No. 07TI011 - Approve a request by City of Rapid City to consider an application for a Resolution Creating Tax Increment District No. 65 - Cabela's Economic Development Tax Increment Financing on all of Section 28 lying north of U.S. Interstate 90 less Lots 1 – 3 of RCI Addition and the S1/2S1/2NW1/4NW1/4 of Section 28, all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northeast of the intersection of Interstate 90 and Dyess Avenue. 

41.             No. 07TI012 - Approve a request by City of Rapid City to consider an application for a Tax Increment District No. 65 Project Plan - Cabela's Economic Development Tax Increment Financing on all of Section 28 lying north of U.S. Interstate 90 less Lots 1 – 3 of RCI Addition and the S1/2S1/2NW1/4NW1/4 of Section 28, all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northeast of the intersection of Interstate 90 and Dyess Avenue. 

42.             No. LF071107-07 – Approve Amendment to Travel Policy to reflect new State rates. 

43.             No. LF071107-08 – Refer request for $800 from CIP Contingency to make alterations to ramp in the Council Chambers to meet ADA specifications to the CIP Committee. 

44.             Acknowledge the following volunteers for workmen compensation purposes: Lora Waekerle, Tim Kupp, Carolyn Maxon, Rhianna Shaheen, Patrick Red Feather, Michaela Anderson, Kim Darata, and Melinda Hunt. 

45.             No. LF071107-09 – Approve Resolution Fixing Time and Place for Hearing on August 6, 2007 for Assessment Roll for Property Cleanup. 

46.             No. LF071107-10 – Acknowledge report on Retail (On-Off Sale) Malt Beverage License eligible for video lottery. 

47.             No. LF071107-11 – Acknowledge report on utility billing conversion and new water bill. 

48.             Request the Mayor to appoint a subcommittee to research and review the noise ordinance and bring back a recommendation to the August 15, 2007, Legal and Finance Committee meeting. 

49.             No. LF071107-13 – Acknowledge raffle request from Muscular Dystrophy Association. 

50.             No. LF071107-14 – Acknowledge raffle request from Behavior Management Systems (Festival of Trees). 

51.             No. LF071107-15 – Approve Amendment to the FY 2006 Consolidated Annual Performance Evaluation Report (CAPER):  Corrections to Activity Summary Report (PR 03) and CDBG Financial Summary (PR 26). 

Growth Management Department Consent Items

52.             No. 06PL176 - A request by Renner & Associates for Rob Livingston for a Preliminary Plat on Lots 1 thru 15 of Block 1 of Blake Estates Subdivision, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located northwest of the intersection of Blake Road and West Highway 44.

53.             No. 07PL072 - A request by Kevin Kuehn for a Layout Plat on Lots 1 thru 56  of Block 1 of Dry Creek No. 2 Subdivision, located in Sections 33 and 34, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the SE1/4 NE1/4 and the E1/2 SE1/4 of Section 33, T1N, R8E; and, Lot 2 of the SW1/4 NW1/4 and Lot 2 of the W1/2 SW1/4, Section 34, T1N, R8E, BHM, Pennington County, South Dakota, located on Old Folsom Road.

54.             No. 07PL080 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Mark and Jana Koupal for a Layout Plat on Lots 1 and 2 of Koupal Estates Subdivision, located in the SW1/4 SW1/4 and the S1/2 S1/2 NW1/4 SW1/4, Section 14, T1S, R7E, BHM, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 and the S1/2 S1/2 NW1/4 SW1/4, Section 14, T1S,  R7E, BHM, Pennington County, South Dakota, located at 23774 Wallace Street.

END OF CONSENT CALENDAR

Public Comment opened – Items 55 - 66

Public Comment closed

NON-CONSENT ITEMS – Items 55 - 66

ORDINANCES

55.             No. LF062707-08 – First Reading, Ordinance No. 5311 to Amend the No Skateboarding Zone by Amending Section 10.52.010 of The Rapid City Municipal Code. 

56.             No. 07OA005 – First Reading, Ordinance No. 5313 to Allow “Race Track with On-Sale Liquor Establishment” as a Conditional Use in the General Agriculture Zoning District by Amending Chapter 17.34.030 of the Rapid City Municipal Code. 

57.             No. 07RZ051 - First Reading, Ordinance No. 5315, 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 Heavy Industrial District on Lots 2 thru 7 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1717 thru 1937 Marlin Drive.

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

58.             Resolution to Add Grand Stay Suites to the Business Improvement District

59.             Banner Pole Policy

PUBLIC WORKS COMMITTEE ITEMS

60.             No. PW062607-03 – Approve Change Order No. 1 for Rushmore Plaza Civic Center Multipurpose Addition, Phase 2 Project to Sampson Construction for an increase of $198,164.00

61.             No. PW071007-21 - Authorization to accept wastewater from outside Rapid Creek Basin

62.             No. PW062607-01 – Stipulations to the proposal from Pennington County Housing Authority to pay half of the estimated repair costs for Fulton Street

BIDS

63.             No. CC071607-02 - Miscellaneous Improvements Project 2007 Project No.  MIP07-1612 / CIP No. 50298 (opened July 10, 2007)

64.             No. CC071607-02 - Two (2) Tandem Roll-Off Trucks for Sanitation Division (opened July 10, 2007)

65.             No. CC071607-02 - Crawler Dozer for Sanitation Division (opened July 10, 2007)

66.             No. CC071607-02 - One (1) New Current Model Year Self Loading Wheel Tractor Scraper for Sanitation Division (opened July 10, 2007

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

APPEALS

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 67 - 113

Open Public Hearing (comment) -- Items 67 – 113

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 67 - 101

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

Continue the following items until August 6, 2007:

67.             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.

68.             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.

69.             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.

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

71.             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.

72.             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.

73.             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.

74.             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.

75.             No. 07CA023 - A request by Scull Construction for Whittingham & Lestrange, LPI for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Park Forest to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, described as follows: commencing at the rear lot corner common to Lots 3 and 4 of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey cap stamped LS 6117, Thence S25º59’34”E a distance of 55.29’ to the point of beginning; Thence First Course: along a line with a bearing of N00º00'38"E and a distance of 355.70; Thence Second Course: along a line with a bearing of S10º41'47"E and a distance of 590.96 feet; to an intersection with the northerly line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 5 and the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision with a bearing of N25º59'34"W and a distance of 250.40 feet to the Point of Beginning, located northeast of Table Rock Road.

76.             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.

77.             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.

78.             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.

79.             No. 07PL061 - A request by Centerline, Inc. for Action Development, Inc. for a Layout Plat on Lots 1, 2 and 3 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, less Lot H1, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of E. North Street and the proposed E. Anamosa Street.

80.             No. 07PL062 - A request by Boschee Engineering for Scott and Janice Zandstra for a Preliminary Plat on Lot 1 of Block 1 of Paradise Pines Subdivision, located in the SW1/4 of the SE1/4, Section 7; and the NW1/4 of the NE1/4, Section 18, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 2E, less Right-of-way of the SW1/4 of the SE1/4, Section 7, T1S, R7E, BHM; and a portion of the NW1/4 of the NE1/4, Section 18, T1S, R7E, BHM, Pennington County, South Dakota, located southwest of the intersection of Wilderness Canyon Road and U.S. Highway 16.

81.             No. 07PL067 - A request by Scull Construction for Whittingham & Lestrange, LPI for a Preliminary Plat on Tracts 1 thru 3 of Block 1, Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B Revised, Lot 1 and Lot 2 of Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A of Meadow View Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-of-Way; all located in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted portion of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of Block 2 and a portion of Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision; Lots 1 thru 4, a portion of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road Right-of-Way of Tower Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section 26 (Promise Road Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the unplatted portion of the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26; Lot H3 of Section 26 and Tucker Street Right-of-way; the unplatted portion of the SE1/4 of the NW1/4 of the NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-way (the Maze property); Tract AR2 and Tract B of Needles Subdivision, Tract a of Meadow View Subdivision in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

82.             No. 07PL073 - A request by FMG, Inc. for Bypass, LLC for a Preliminary Plat on Lots 4 and 5 of Block 2, Lots 4 thru 8 of Block 5, Lots 3 thru 5 of Block 6 and Lots 1 and 2 of Block 7; all of I90 Heartland Business Park, and dedicated public right-of-way shown as Seger Drive, Rearden Court and Dakota Craft Drive, locate din the W1/2 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the W1/2 of the NE1/4 less I90 Heartland Business Park, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Mall Drive and west of Elk Vale Road.

83.             No. 07PL079 - A request by Fisk Land Surveying & Consulting Engineers for Joe L. Ratigan for a Preliminary Plat on Lots 1 and 2 of Ratigan, located in the NE1/4 NE1/4 NE1/4 and SE1/4 NE1/4 NE1/4 of Section 14, T1N, R6E, BHM, Pennington County, South Dakota, legally described as the NE1/4 NE1/4 NE1/4 and SE1/4 NE1/4 NE1/4 of Section 14, T1N, R6E, BHM, Pennington County, South Dakota, located at 8115 West Highway 44.

84.             No. 07PL081 - A request by Centerline, Inc. for Action Development, Inc. for a Preliminary Plat on Lot 1 of Anamosa Crossing Subdivision, located in the NW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, located in the NW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of E. North Street and proposed E. Anamosa Street.

85.             No. 07PL082 - A request by Homer and Kathy Berger for a Preliminary Plat on Lots BR and C of Tract 1 in H-O Subdivision, located in the SW1/4 NW1/4 and the NW1/4 SW1/4 of Section 28, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot B of Tract 1 of H-O Subdivision, located in the SW1/4 NW1/4 and the NW1/4 SW1/4 of Section 28, T1N, R9E, BHM, Pennington County, South Dakota, located at 15010 E. Highway 44.

86.             No. 07PL083 - A request by Mike Hanson for Tyz Thurston for a Preliminary Plat on Lots 13A and 13B of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13 of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3825 Corral Drive.

87.             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. 

88.             No. 07RZ043 - Second Reading, Ordinance No. 5305, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by Scull Construction for Whittingham & Lestrange, LPI for a Rezoning from Park Forest District to General Commercial District on a parcel of land located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, described as follows: commencing at the rear lot corner common to Lots 3 and 4 of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey cap stamped LS 6117, Thence S25º59’34”E a distance of 55.29’ to the point of beginning; Thence First Course: along a line with a bearing of N00º00'38"E and a distance of 355.70; Thence Second Course: along a line with a bearing of S10º41'47"E and a distance of 590.96 feet; to an intersection with the northerly line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 5 and the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision with a bearing of N25º59'34"W and a distance of 250.40 feet to the Point of Beginning, located northeast of Table Rock Road. 

89.             No. 07RZ050 - Second Reading, Ordinance No. 5312, 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 Neighborhood Commercial District to General Commercial District on the west 250 feet of Lot 2 of Hansen Heights, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 320 East St. Patrick. 

90.             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.

91.             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.

92.             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.

93.             No. 07SV022 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Alan A. Neiger for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, and to reduce the pavement width from 26 feet to 21 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 Revised and Lot of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 5 (less Lot H1) and the balance of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Highland Park Drive and Mount Rushmore Road.

94.             No. 07SV024 - A request by Centerline, Inc. for Action Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit and to reduce the right-of-way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, less Lot H1, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of E. North Street and the proposed E. Anamosa Street.

95.             No. 07SV026 - A request by Scull Construction for Whittingham & Lestrange, LPI for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Catron Boulevard and U. S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on Tracts 1 thru 3 of Block 1, Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B Revised, Lot 1 and Lot 2 of Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A of Meadow View Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-of-Way; all located in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted portion of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of Block 2 and a portion of Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision; Lots 1 thru 4, a portion of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road Right-of-Way of Tower Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section 26 (Promise Road Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the unplatted portion of the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26; Lot H3 of Section 26 and Tucker Street Right-of-Way; the unplatted portion of the SE1/4 of the NW1/4 of the NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-Way (the Maze property); Tract AR2 and Tract B of Needles Subdivision, Tract A of Meadow View Subdivision in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

96.             No. 07SV028 - A request by Dream Design, Inc. for Word of Hope Wesleyan Church for a Variance to the Subdivision Regulations to waive the requirement to increase the pavement width along Jolly Lane 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 northeast of the intersection of Jubilee Lane and Elk Vale Road.

97.             No. 07SV033 - A request by Homer and Kathy Berger for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, pavement, sidewalk, street light conduit, water, sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots BR and C of Tract 1 in H-O Subdivision, located in the SW1/4 NW1/4 and the NW1/4 SW1/4 of Section 28, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot B of Tract 1 of H-O Subdivision, located in the SW1/4 NW1/4 and the NW1/4 SW1/4 of Section 28, T1N, R9E, BHM, Pennington County, South Dakota, located at 15010 E. Highway 44.

98.             No. 07SV034 - A request by Mike Hanson for Tyz Thurston for a Variance to the Subdivision Regulations to waive the requirement to install sewer as per Chapter 16 of the Rapid City Municipal Code on Lots 13A and 13B of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13 of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3825 Corral Drive.

99.             No. 07VE015 - A request by enVision Design, Inc. for a Vacation of a permanent overhead utility easement on a portion of the vacated alley adjacent to Lots 1 thru 5 and Lots 28 thru 32 of Block 103, Original Town of Rapid City, located in the NW1/4 NW1/4, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of 7th Street between Kansas City Street and Quincy Street.

100.         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.

Continue the following item until October 15, 2007:

101.         No. 07VR005 - A request by Dream Design International, Inc. for a Vacation of Right-of-way on the portion of the unplatted balance lying between Lancer Drive and Elk Vale Road of the SE1/4 less Lot H1, less Lots H3 and H4 of the W1/2 SE1/4 and less Lots H3, H4 and H5 of the E1/2 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Lancer Drive and Elk Vale Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 67 – 113

CONSENT PUBLIC HEARING ITEMS – Item 102 - 104

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

102.         Scottish & Irish Society for a special Beer License for an event scheduled August 31 – September 2, 2007 at Memorial Park

103.         Deadwood Outfitter, Inc. dba Deadwood Outfitter, 2820 Harley Drive for a Retail (On-Off Sale) alt Beverage License NO Video Lottery Transfer from Hog Wild, LLC dba Black Hills Harley Davidson, 2820 Harley Drive

104.         Duane Pankratz dba LaGrand Station, 3851 Eglin for a Package (Off-Sale) Malt Beverage License

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 105 - 113

105.         No. 07FV004 - A request by Kadrmas, Lee and Jackson, Inc. for Rapid City Regional Airport to consider an application for a Fence Height Exception to allow a fence height of 11 feet with three stands of barbed wire in lieu of 6 feet as required by Chapter 15.40 of the Rapid City Municipal Code on all of Section 17, less Rapid City Airport Subdivision No. 6, Section 17, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the Rapid City Regional Airport. 

106.         No. 06SV075 - A request by Renner & Associates for Rob Livingston for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Section Line Highway and to waive the requirement to allow a lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 15 of Block 1 of Blake Estates Subdivision, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located north of the intersection of West Highway 44 and Blake Road.

107.         No. 07SV030 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to reduce the pavement width from the required 40 feet to 32 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots 10 thru 21 of Block 2; Lots 2 thru 8 of Block 9; Lots 1 thru 4 of Block 13, all of Red Rock Meadows Subdivision, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of E1/2 of the NW1/4 NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Cog Hill Lane.

108.         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, sewer and pavement along Wallace Street and the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highways as they abut the SW1/4 SW1/4 and the S1/2 S1/2 NW1/4 SW1/4, Section 14, T1S, R7E, BHM, Pennington County, South Dakota, located at 23774 Wallace Street.  (07SV032)

109.         No. 07SV032 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Mark and Jana Koupal for a Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way and to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Koupal Estates Subdivision, located in the SW1/4 SW1/4 and the S1/2 S1/2 NW1/4 SW1/4, Section 14, T1S, R7E, BHM, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 and the S1/2 S1/2 NW1/4 SW1/4, Section 14, T1S. R7E, BHM, Pennington County, South Dakota, located at 23774 Wallace Street.

110.         No. 07UR005 - An appeal of the Planning Commission's decision on a request by Unique Signs for Dwayne Pankratz for a Conditional Use Permit to allow an off-premise billboard sign in a General Commercial District on a portion of the unplatted balance lying between Lancer Drive and Elk Vale Road of the SE1/4, less Lot H1, Less Lots H3 and H4 of the W1/2 SE1/4 and less Lots H3, H4 and H5 of the E1/2 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1751 Elkvale Road.

111.         No. 07UR008 - An appeal of the Planning Commission's decision on a request by Wal-East Development, Inc. for a Major Amendment to a Conditional Use Permit on Lots 1 thru 4 of Wise's Addition of Block 20, Section31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 685-C LaCrosse Street.

112.         No. 07VR004 - A request by Richard E. Huffman for a Vacation of Right-of-Way on adjacent to Lots 1 thru 32 of Block 5 of Simmons Addition, plus 1/2 vacated Elm Street, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 101 and 141 E. Omaha Street and 320 Maple Avenue.

113.          No. 07RZ042 - Second Reading, Ordinance No. 5303, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot 1 of Mailloux Subdivision, located in the SE1/4 SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1030 Country Road.

BILLS

114.         No. CC071607-01 Bill List for July 16, 2007

EXECUTIVE SESSION

ADJOURN