Home Search Options Contact Us

ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.

Please remember to turn all cellular phones off or to vibrate when entering the council chambers.

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

August 6, 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 16, 2007 

AWARDS AND RECOGNITIONS 

GENERAL PUBLIC COMMENT 

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

NON-PUBLIC HEARING ITEMS -- Items 1 - 106 

Public Comment opened – Items 1 - 86

Public Comment closed 

CONSENT ITEMS – Items 1 - 86 

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

Vacations of Right-Of-Way Set for Hearing (September 4, 2007)

1.                  No. 07VR009 - A request by Dream Design International, Inc. for a Vacation of Section Line Highway on Lot 1 of Word of Hope Subdivision, located in the  NE1/4 SE1/4, lying southeast of Elk Vale Road, 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 west side of Jolly Lane at the north end between Jolly Lane cul-de-sac and curve in Elk Vale Road. 

Alcoholic Beverage License Applications Set for Hearing (August 20, 2007)

2.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled September 21, 2007 at the Dahl Arts Center, 713 7th Street

3.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled September 23, 2007 at the Dahl Arts Center, 713 7th Street

4.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled October 1, 2007 at the Dahl Arts Center, 713 7th Street

5.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled October 12, 2007 at the Dahl Arts Center, 713 7th Street 

Public Works Committee Consent Items

6.                  Request staff to direct all future requests related to parking to the Downtown Parking Committee

7.                  Direct staff to install additional lighting on Centennial Street near Centennial Park

8.                  No. PW073107-01 - Adopt the recommendation of the Water Advocacy Task Force

9.                  Direct staff to work with the Performing Arts Foundation on the site selection adjacent to the Journey Museum

10.             No. PW073107-02 – Approve Change Order No. 1F for 2007 Mill and Overlay Projects - Various Locations Project No. ST07-1640 / CIP No. 50549 to Simon Contractors of SD, Inc. for an increase of $2,253.50

11.             No. PW073107-03 – Approve Change Order No. 1 for Wonderland Drive Street and Drainage Improvements Project No. ST06-1610 / CIP No. 50155 to Simon Contractors of SD, Inc. for an increase of $62,977.00

12.             No. PW073107-04 – Approve Change Order No. 1F for Miscellaneous Improvements Project 2006 Project No. MIP06-1541 / CIP No. 50298 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $3,820.94

13.             No. PW073107-05 – Approve Change Order No. 1F for Clark Street Sanitary Sewer Extension Project No. SS05-1480 / CIP No. 50587 to Warax Excavating, Inc. for a decrease of $8,119.01

14.             No. PW073107-06 – Approve Change Order No. 2 for Van Buren Street and Water Main Reconstruction ST04-1362 / CIP No. 50149 to R.C.S. Construction, Inc. for a decrease of $27,001.30

15.             No. PW073107-07 – Approve Change Order No. 1 for Downtown Area Improvements, Phase 1 - Kansas City Street, 8th Street to 5th Street Project No. ST04-1077 / CIP No. 50132 to Heavy Constructors, Inc. for an increase of $92,917.03

16.             No. PW073107-08 – Approve Change Order #1F for Block 12, Millard Addition, Sanitary Sewer Extension Project No. SS06-1625 / CIP No. 50670 to Warax Excavating, Inc. for a decrease of $1,136.38

17.             No. PW073107-09 – Authorize staff to advertise for bids for Elk Street Drainage Improvements Project No. DR05-1621 / CIP #50597

18.             No. PW073107-10 - Authorize staff to advertise for bids for City Library Sidewalk Repair Project No. ST07-1666 / CIP #50689

19.             No. PW073107-11 – Authorize staff to advertise for bids for Rapid City Bus Storage Facility Project No. IDP07-1636

20.             No. PW073107-12 – Authorize the Mayor and Finance Officer to sign a Permanent Utility Easement with Montana-Dakota Utilities Company on property legally described as:  Beginning four hundred seventeen (417) feet, north of the southwest corner of Section 22, thence easterly two hundred eighty (280) feet, to the east property line of Out Lot D located in the SW ¼ of the SW ¼ of Section 22, T1N, R7E, BHM, Pennington County, South Dakota

21.             No. PW073107-13 – Authorize the Mayor and Finance Officer to sign a Temporary and Permanent Easement Agreements with the South Dakota Department of Transportation for the signal project at the intersection of Sheridan Lake Road and West Main Street

22.             No. PW073107-14 – Authorize the Mayor and Finance Officer to sign a Covenant Agreement with Daniel Wegner concerning the collection of Water Construction Fee for Wildwood Drive Water Improvements

23.             No. PW073107-15 – Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Wildwood Drive Water Improvements

24.             No. PW073107-16 – Authorize the Mayor and Finance Officer to sign an Amendment to a contract with Wenck Associates for Landfill Permit Modification for an amount not to exceed $4,155.80

25.             No. PW073107-17 – Authorize the Mayor and Finance Officer to sign a Sewer Construction Fee Resolution for Red Rock Estates Phase III

26.             No. PW073107-18 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Ferber Engineering Company, Inc. for Elk Vale Road Sanitary Trunk Sewer Extension Project No. SS07-1658 / CIP #50686 for an amount not to exceed $55,000.00

27.             No. PW073107-19 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with FMG, Inc. for the Knollwood Drainage Outfall Elements 2 & 20 Project No. DR04-1390 / CIP #50686 for an amount not to exceed $64,890.00

28.             No. PW073107-21 – Approve a Resolution to Repair Sidewalks, 2007 Sidewalk Improvement Project No. SWK07-1611 for an estimated cost of $6,600

29.             No. PW073107-22 – Authorize payment of an invoice from Copy Country for Plans and Specification reproduction for the Rushmore Plaza Civic Center Multi-purpose Addition - Rebid in the amount of $18,639.56

30.             No. PW073107-24 - Allow fences to be replaced on the properties that have been vacated

31.             No. PW073107-23 – Approve the Disadvantaged Business Enterprise (DBE) Plan in order to receive reimbursement of Federal Transit Administration (FTA) funds for the purchase and renovation of the Rapid Transit System portion of the Police Evidence, Traffic and Transit Building (former Ziegler building)

32.             No. 07TP014 – Approve 2007-2011 Transportation Improvement Program Amendment No. 07-013. 

33.             No. 07TP015 – Approve 2007-2011 Transportation Improvement Program Amendment No. 07-014

34.             No. 07VE015 - Approve with stipulations, a Vacation of a permanent overhead utility easement for petitioner enVision Design, Inc. 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, more generally described as being located west of 7th Street between Kansas City Street and Quincy Street

35.             No. 07VE016 – Approve with stipulations,  a Vacation of a Note on a Plat for petitioner Duane and Gail Sudman on Lot 18 of Tract 2, Canyon Lake Heights Subdivision, located in the NE1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located 3502 Wonderland Drive

36.             No. 07VE017 – Approve with stipulations a Vacation of a portion of a Utility and Drainage Easement for petitioner enVision Design, Inc. on Lot 2 of Block 2 of Robbinsdale Addition No. 9, located in the NW1/4 NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3314 Hemlock Street

37.             No. 07VE018 – Approve with stipulations, a Vacation of a portion of a Utility Easement and Drainage Easement for petitioner enVision Design, Inc. on Lot 8 of Block 1 of Robbinsdale Addition No. 9, located in the NW1/4 NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1113 Bluebird Court

38.             No. 07VE019 – Approve with stipulations, a Vacation of a portion of Utility and Drainage Easement for petitioner enVision Design, Inc. on Lot 3 of Block 2 of Robbinsdale Addition No. 9, located in the NW1/4 NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3320 Hemlock Street

39.             No. 07VE020 – Approve with stipulations, a Vacation of a portion of Utility and Drainage Easement for petitioner enVision Design, Inc. on Lot 4 of Block 2 of Robbinsdale Addition No. 9, located in the NW1/4 NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3326 Hemlock Street

40.             No. 07VE021 - Approve a Vacation of a portion of Utility and Drainage Easement for petitioner enVision Design, Inc. on Lot 5 of Block 2 of Robbinsdale Addition No. 9, located in the NW1/4 NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3402 Hemlock Street

41.             No. 07VE022 - Approve a Vacation of a portion of Utility and Drainage Easement for petitioner enVision Design, Inc. on Lot 9 of Block 2 of Robbinsdale Addition No. 9, located in the NW1/4 NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3424 Hemlock Street

42.             No. 07VE023 – Approve a Vacation of a portion of Utility and Drainage Easement for petitioner enVision Design, Inc. on Lot 6 of Block 2 of Robbinsdale Addition No. 9, located in the NW1/4 NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3408 Hemlock Street

43.             No. 07VE024 - Approve a Vacation of a portion of Utility and Drainage Easement for petitioner enVision Design, Inc. on Lot 7 of Block 2 of Robbinsdale Addition No. 9, located in the NW1/4 NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3412 Hemlock Street

44.             No. 07VE025 - Approve a Vacation of a portion of an eight foot Utility and Minor Drainage Easement for petitioner Sperlich Consulting, Inc. for Rick Kahler on Lot 11 of Block 3 of Kensington Heights Subdivision, located in Government Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Davin Drive and Field View Drive 

Legal & Finance Committee Consent Items

45.             Request the Mayor to appoint a task force to review the City’s TIF guidelines and the state statutes and bring back proposed changes and recommendations to the City Council. 

46.             Refer amendment of the subdivision inspection fee requirements to the Fee Committee. 

47.             No. LF080107-01 – Confirm appointment of Rhonda Bolton to the RSVP Advisory Council. 

48.             No. LF080107-29 – Confirm appointment of Gary Renner to the Development Appeals and Review Board. 

49.             No. LF080107-30 – Confirm appointment of Malcom Chapman, Bill Okrepkie, Lloyd LaCroix, Deb Hadcock, John Brewer, Mike Derby, James Kjerstad, Tom Hennies, Steve McCarthy, Van Lindquist, Fred Weishaupl, Jr., Marcia Elkins, and Dirk Jablonski to the Floodplain Boundary Policy Committee. 

50.             Confirm appointment of Steve Allender as Police Chief. 

51.             No. LF080107-40 - Confirm appointment of Mayor Hanks, Barbara Garcia, Sandy Diegal, Renee Parker, and Dr. John Usera to the City Task Force for Strengthening Families and Improving Outcomes for Children and Youth. 

52.             No. LF080107-41 - Confirm appointment of Gary Brown as the Planning Commission representative to the Tax Increment Committee. 

53.             No. LF080107-02 – Acknowledge Capital Improvements Program Committee Monthly Update for July, 2007. 

54.             No. LF080107-03 – Approve Capital Plan for Streets, Drainage, MIP Projects for July, 2007. 

55.             Request that staff review and include the Milo Barber Transportation Center feasibility in a Request for Proposals for the Transit Development Plan; and request the Mayor’s Office to draft a letter of support to the Council. 

56.             No. LF080107-34 – Approve $1,700,000 from the .16 Utility Fund for the Pactola Reallocation Contract Project with an interest rate of 3% and with the provision that should a bond sale occur the Pactola Reallocation Contract Project will be incorporated into the bond sale. 

57.             No. LF080107-04 – Approve Travel Request for Detective Steve Neavill, Captain Ed Hofkamp, and Detective Mark Eisenbraun to attend MOCIC Meeting in Appleton, WI, September 23-28, 2007, in the approximate amount of $2,986. 

58.             No. LF080107-05 – Authorize staff to advertise for bids for FTIR Spectrometer and FTIR Microscope. 

59.             No. LF080107-06 – Approve Resolution Writing Off Uncollectible Ambulance Billing Accounts. 

60.             No. LF080107-43 - Authorize staff to hire 6 additional FTE’s for the ambulance to be funded from the Ambulance Enterprise Fund. 

61.             No. LF080107-07 – Approve Travel Request for Mike Holmberg to attend H-Series Maintenance Course in Rochester, NY, September 30-October 6, 2007, in the approximate amount of $2,532. 

62.             No. LF080107-08 – Approve Travel Request for Kevin Lewis to attend AAAE – Basics of Airport Law Workshop in Tyson’s Corner, VA, September 22-25, 2007, in the approximate amount of $1,840. 

63.             No. LF080107-09 – Approve Travel Request for Mason Short to attend Boyd’s Aviation Forecast Conference in Sarasota, FL, October 13-15, 2007, in the approximate amount of $2,030. 

64.             No. LF080107-10 – Approve Travel Request for Cameron Humphres to attend AAAE Airport Security Coordinator/Background and Credential Training in Tucson, AZ, November 5-7, 2007, in the approximate amount of $1,553. 

65.             No. LF080107-11 – Approve request for authorization to display signs for public purpose pursuant to Section 15.28.080(10) of the Rapid City Municipal Code. 

66.             No. LF080107-36 – Approve Beautification Committee request to submit a Gwendolyn L. Stearns Foundation grant for $50,000. 

67.             No. LF080107-37 – Approve Historic Preservation Commission grant time extension of project funding. 

68.             No. LF080107-44 - Approve request to correct minutes of the March 19, 2007 City Council meeting to reference the correct Resolution for the Vacation of the Non-Access Easement on (07VE003) Lot 1 Block 9 Red Rock Estates. 

69.             No. LF080107-38 – Request review of landscape ordinance Professional Services Agreement with Designworks, Inc. 

70.             No. 07TI013 - Approve a request by Centerline for A/R Group to consider an application for A Revision to the Tax Increment District No. 39 Project Plan on Tract 1 of Century “21” Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H2 of Lot 3 & Lot H3 of Lot 3 all of the SW1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3 and H4 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the S1/2NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H7 of the S1/2NW1/4 located south and east of the highway excepting therefrom Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H8 and the balance of Lot H5 all located in the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Tract A of the SE1/4NW1/4 and SW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 of the NE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the N1/2NE1/4 as recorded on Plat of Lot H1 of the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the NW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot “Z” showing a tract of land to be abandoned in a portion of Lot H3 in the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H3 in the N1/2NE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Century Road, north and west of E. North Street and south of the railroad right-of-way and I-90 Exit 60. 

71.             No. LF080107-42 - Authorize Mayor and Finance Officer to Sign Permanent Overhead Utility Easement. 

72.             No. LF080107-13 – Authorize staff to amend Standard Bleacher Agreement, Section (h)(2) to require liability insurance in the amount of one million dollars. 

73.             No. LF080107-20 – Approve Resolution Naming Authorized Representatives to Approve New or Additional Designations to Acquire Federal Surplus Property. 

74.             No. LF080107-27 – Approve Resolution to Amend the AFSCME Union Compensation Wage Plan by Establishing the Position of Material Recovery Facility Operations Chief. 

75.             No. LF080107-28 – Approve Resolution to Amend the AFSCME Union Compensation Wage Plan by Establishing the Position of Material Recovery Facility Maintenance Chief. 

76.             No. LF080107-39 – Approve Resolution Declaring Property Surplus for Rapid Transit System. 

77.             No. LF080107-15 – Approve Travel Request for Dave Van Cleave, John Wagner, Ron Barber, Ron Back, 2 Water Reclamation Operators, Stacey Titus, Keith Johnson, David Johnson, and Chip Petrik to attend the South Dakota Water and Wastewater Association Annual Conference in Watertown, SD, September 12-14, 2007 in an approximate amount of $3,565. 

78.             No. LF080107-16 – Acknowledge Raffle Request from Zonta Club of the Black Hills. 

79.             No. LF080107-17 – Acknowledge Raffle Request from South Dakota Elks Association. 

80.             No. LF080107-18 – Approve Travel Request for Joel Landeen to attend ALI-ABA Seminar on Advanced Employment Law and Litigation in Washington, DC, November 29-December 1, 2007, in an approximate amount of $2,824. 

81.             No. LF080107-31 – Approve request for ice cream vending license from Andrea Johnson, d/b/a Andrea’s Ice Cream. 

82.             No. LF080107-32 – Authorize the Mayor and Finance Officer to sign Acknowledgement that the Developer’s Agreement between WEB Real Estate Holding Co., LLC, and the City of Rapid City has been rescinded by mutual consent. 

83.             No. LF080107-33 – Authorize the Mayor and Finance Officer to sign Developer's Agreement with Skyline Pines East for Tax Increment District #47 - Tower Road. 

84.             Approve the following licenses:  Residential Contractor:   Angela Wolter, Wolter Construction and Richard Shangreaux, S & S Construction; Plumbing Apprentice:  James Lanphear; Plumbing Plumber:  Mark Thompson; Mechanical Apprentice:  Derrick Ulmer, Kelvin Peterson, Mike Rath, and Andrew Hach; Mechanical Contractor:  Steve Van Dam, Precision Mechanical LLC; Electrical Contractor:  Gilbert Hatch, Hatch Electric; Electrical Journeyman:  Dale Marti; Sewer and Water Contractor:  Tom Lester 4L's Construction; Security Business:  Discovery Investigation Service, Michael J Jacob; RAM Security, Melissa M Pate.   

Growth Management Department Consent Items

85.             No. 07PL088 - A request by Fisk Land Surveying & Consulting for Best Buy Stores for a Preliminary Plat on Lots 1 and 2 of Best Subdivision, located in the NW1/4 NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 8R of Block 3, located in the NW1/4 NE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2320 North Haines Avenue. 

86.             No. 07PL089 - A request by FMG, Inc. for City of Rapid City for a Layout and Preliminary Plat on Tract 3 of Discovery Subdivision and dedicated Right-of-way and dedicated public right-of-way formerly the NE1/4 SE1/4 less Right-of-way and S1/2 SE1/4 NE1/4 less Discovery Subdivision less Lot H2 and Less Right-of-way, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4 less Right-of-way and S1/2 SE1/4 NE1/4 less Discovery Subdivision less Lot H2 and Less Right-of-way, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Elk Vale Road and South of East Mall Drive. 

END OF CONSENT CALENDAR 

Public Comment opened – Items 87 - 106

Public Comment closed 

NON-CONSENT ITEMS – Items 87 - 106 

ORDINANCES

87.             No. LF080107-14 – First Reading, Ordinance No. 5314 Regarding Supplemental Appropriation No. 3 for 2007.   

88.             No. 07RZ052 - First Reading, Ordinance No. 5316, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by CETEC Engineering Services, Inc. for OS Development for a Rezoning from No Use District to Low Density Residential District on a tract of land located in the S1/2 NE1/4, SE1/4 of Section 22 and the NE1/4 of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East 1/4 Corner of said Section 27, said point being monumented with a rebar below the surface of the asphalt and having two reference monuments consisting of a brass cap and iron pipe, one bears N41º22’55”W 49.48 feet, the second bears N35º10’06”E 42.14 feet; Thence N87º48’47”W 33.00 feet along the South line of the NE1/4 of said Section 27 to the True Point of Beginning, said point being monumented with a rebar and plastic cap stamped LS 6014; Thence N87º48’47”W 2615.84 feet along the South line of the NE1/4 of Section 27 to the Center 1/4 Corner of said section, said point being monumented with a rebar and aluminum cap stamped C 1/4 LS 6014; Thence N01º59’29”E 2618.24 feet along the West line of the NE1/4 of Section 27 to the North 1/4 Corner of Section 27, said point being monumented with a brass cap and iron pipe; Thence N02º02’30”E 2672.71 feet along the West line of the SE1/4 of said Section 22 to the Center 1/4 Corner, said point being monumented with a rebar and aluminum cap stamped C 1/4 LS 6014; Thence N02º02’19”E 228.09 feet along the West line of the S1/2 NE1/4 of Section 22 to a point; Thence N88º48’27”E 1290.24 feet to the beginning point of a non-tangent curve concave to the northeast having a radius of 800.00 feet and a chord bearing of S23º50’50”E; Thence along said curve a distance of 514.07 feet; Thence S42º15’21”E 321.74 feet to the beginning of a curve concave to the southwest having a radius of 1006.00 feet; Thence along said curve a distance of 685.41 feet; Thence S87º56’04”E 84.31 feet to the northwest corner of the Bradeen Subdivision, said point being monumented with an iron rod; Thence S02º05’22”W 986.21 feet along the West line of the Bradeen Subdivision to the southwest corner of the Bradeen Subdivision, said point being monumented with a rebar and plastic cap, stamped LS 6014; Thence  N87º56’54”W 84.32 feet to the beginning point of a non-tangent curve concave to the northwest having a radius of 1006.00 feet and a chord bearing of S19º44’46”W; Thence along said curve a distance of 433.45 feet; Thence S32º05’22”W 250.68 feet to the beginning point of a non-tangent curve concave to the northeast having a radius of 1200.00 feet and a chord bearing of S80º10’07”E; Thence along said curve a distance of 349.46 feet to a point on the North line of the NE1/4 of said Section 27; Thence S88º27’49”E 515.34 feet along said line to a point from which the Northeast Corner of Section 27 bears S88º27’49”E 33.00 feet, said point being monumented with an iron rod and aluminum cap stamped with the section numbers below the surface of the asphalt; Thence S02º00’19”W 2647.94 feet to the True Point of Beginning, less a tract of land, designated as Tract B, located in the NW1/4 NE1/4 of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East 1/4 Corner of said Section 27, said point being monumented with a rebar below the surface of the asphalt and having two reference monuments consisting of a brass cap and iron pipe, one bears N41º22’55”W 49.48 feet, the second bears N35º10’06”E 42.14 feet; Thence N34º57’40”W 2433.52 feet to the True Point of Beginning; Thence N39º20’03”E 186.87 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 800.00 feet and a chord bearing of N31º18’22”W; Thence along said curve a distance of 553.18 feet; Thence S42º01’34”W 152.10 feet to the beginning of a curve concave to the southeast and having a radius of 480.00 feet; Thence along said curve a distance of 184.53 feet; Thence S20º00’00”W 105.33 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 1200.00 feet and a chord bearing of S58º54’00”E; Thence along said curve a distance of 464.96 feet to the True Point of Beginning, from which the Center 1/4 corner of said Section 27 bears S33º29’08”W a distance of 2270.05 feet, said point being monumented with a rebar and aluminum cap stamped C 1/4 LS 6014, located west of the intersection of Reservoir Road and Southside Drive. 

89.             No. 07RZ053 - First Reading, Ordinance No. 5317, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by CETEC Engineering Services, Inc. for OS Development for a Rezoning from No Use District to Medium Density Residential District on tract of land located in the NW1/4 NE1/4 of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the East 1/4 Corner of said Section 27, said point being monumented with a rebar below the surface of the asphalt and having two reference monuments consisting of a brass cap and iron pipe, one bears N41º22’55”W 49.48 feet, the second bears N35º10’06”E 42.14 feet; Thence N34º57’40”W 2433.52 feet to the True Point of Beginning; Thence N39º20’03”E 186.87 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 800.00 feet and a chord bearing of N31º18’22”W; Thence along said curve a distance of 553.18 feet; Thence S42º01’34”W 152.10 feet to the beginning of a curve concave to the southeast and having a radius of 480.00 feet; Thence along said curve a distance of 184.53 feet; Thence S20º00’00”W 105.33 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 1200.00 feet and a chord bearing of S58º54’00”E; Thence along said curve a distance of 464.96 feet to the True Point of Beginning, from which the Center 1/4 corner of said Section 27 bears S33º29’08”W a distance of 2270.05 feet, said point being monumented with a rebar and aluminum cap stamped C 1/4 LS 6014, located west of the intersection of Reservoir Road and Southside Drive. 

90.             No. 07RZ054 - First Reading, Ordinance No. 5318, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by CETEC Engineering Services, Inc. for OS Development for a Rezoning from No Use District to High Density Residential District on tract of land located in the SE1/4 SE1/4 of Section 22, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the Southeast Corner of said Section 22, said point being monumented with an iron rod and aluminum cap stamped with the section numbers below the surface of the asphalt; Thence N88º27’49”W 369.56 feet along the South line of the SE1/4 SE1/4 of said Section 22 to the True Point of Beginning; Thence N88º27’49”W 178.78 feet along said South line to the beginning of a curve concave to the northeast and having a radius of 1200.00 feet; Thence along said curve a distance of 349.48 feet; Thence N32º05’22”E 250.68 feet to the beginning of a curve concave to the northwest and having a radius of 1006.00 feet; Thence along said curve a distance of 433.45 feet; Thence S87º56’54”E 84.32 feet to the southwest corner of the Bradeen Subdivision, said point being monumented with a rebar and plastic cap stamped LS 6014; Thence S87º56’54”E 181.28 feet along the South line of said Subdivision; Thence S02º02’59”W 672.03 feet to the True Point of Beginning, from which the South 1/4 corner of said Section 22 bears N88º27’49”W a distance of 2280.00 feet, said point being monumented with a brass cap and iron pipe, located west of the intersection of Reservoir Road and Southside Drive. 

91.             No. 07RZ055 - First Reading, Ordinance No. 5319, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by CETEC Engineering Services, Inc. for OS Development for a Rezoning from No Use District to Neighborhood Commercial District on a tract of land located in the SE1/4 SE1/4 of Section 22, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the Southeast Corner of said Section 22, said point being monumented with an iron rod and aluminum cap stamped with the section numbers below the surface of the asphalt; Thence N88º27’49”W 33.00 feet along the South line of the SE1/4 SE1/4 of said Section 22 to the True Point of Beginning; Thence N88º27’49”W 336.56 feet along the South line of the SE1/4 SE1/4; Thence N02º02’59”E 672.03 to a point along the South line of the Bradeen Subdivision; Thence S87º56’54”E 337.08 along said South line to the southeast corner of the Bradeen Subdivision, said point being monumented with an iron rod; Thence S02º05’45”W 669.00 feet to the Point of Beginning, from which the South 1/4 corner of said Section 22 bears N88º27’49”W a distance of 2616.56 feet, said point being monumented with a brass cap and iron pipe, located west of the intersection of Reservoir Road and Southside Drive. 

92.             No. 07RZ056 - First Reading, Ordinance No. 5320, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by CETEC Engineering Services, Inc. for OS Development for a Rezoning from No Use District to High Density Residential District on a tract of land located in the NE1/4 SE1/4, SE1/4 NE1/4 of Section 22, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the Southeast Corner of said Section 22, said point being monumented with an iron rod and aluminum cap stamped with the section numbers below the surface of the asphalt; Thence N00º55’18”E 1655.11 feet along the East line of the SE1/4 of said Section 22 to the True Point of Beginning lying on the North line of the Bradeen Subdivision; Thence N87º56’04”W 517.56 feet along the North line to the northwest corner of said Subdivision; Thence N87º56’04”W 84.31 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 1006.00 feet and a chord bearing of N22º44’15”W; Thence along said curve a distance of 685.41 feet; Thence N42º15’21”W 321.74 feet to the beginning of a curve concave to the northeast and having a radius of 800.00 feet; Thence along said curve a distance of 514.07 feet; Thence N88º48’27”E 1331.68 feet to a point; Thence S02º04’04”W 1370.56 feet to the True Point of Beginning, located west of the intersection of Reservoir Road and Southside Drive. 

93.             No. 07RZ057 - First Reading, Ordinance No. 5321, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by CETEC Engineering Services, Inc. for OS Development for a Rezoning from No Use District to General Agriculturel District on a tract of land located in the S1/2 NE1/4 of Section 22, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Beginning at the Center North 1/16 corner of Section 22, said point being monumented with a rebar and plastic cap stamped LS 6014; Thence S87º53’50”E 2618.39 feet along the North line of the S1/2 NE1/4 of Section 22 to a point monumented with a rebar and plastic cap stamped LS 6014; from which the North 1/16th corner common to Section 22 and 23 bears S87º53’50”E 32.95 feet; Thence S02º04’38”W 946.40 feet to a point; Thence S88º48’27”W 2621.92 feet to a point on the West line of in the S1/2 NE1/4 of Section 22; Thence N02º02’19”E 1097.11 feet along said west line to the Point of Beginning, located west of the intersection of Reservoir Road and Southside Drive. 

94.             No. LF062707-08 – Second Reading, Ordinance No. 5311 To Amend the No Skateboarding Zone by Amending Section 10.52.010 of the Rapid City Municipal Code with proposed amendments.   

95.             No. 07OA005 – Second 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.   

GROWTH MANAGEMENT DEPARTMENT ITEMS

96.             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. 

LEGAL & FINANCE COMMITTEE ITEMS

97.             No. LF080107-21 – Resolution to Establish the Non-Union Position of Community Resources Director 

98.             No. LF080107-22 – Resolution to Amend the Non-Union Position Title of Computer Center Director to Information Technology Officer  

99.             No. LF080107-23 – Resolution to Amend the Non-Union Position Title of Computer Operations Manager to Information Technology Manager 

100.         No. LF080107-24 – Resolution to Amend the Non-Union Position Title of Computer Operations Supervisor to Information Technology Project Manager 

101.         No. LF080107-25 – Resolution to Amend the Fraternal Order of Police Compensation Wage Plan by Changing the Title of the Position of Computer Operations Technician to Information Technology Technician 

102.         No. LF080107-26 – Resolution to Amend the AFSCME Union Compensation Wage Plan by Changing the Title of the Position of Computer Operations Technician to Information Technology Technician 

103.         Report on Cabela petitions and setting a special election for the Cabela referendum 

PUBLIC WORKS COMMITTEE ITEMS

104.         No. 07EX066 – A request by Renner & Associates to consider an exception to allow the Use of the Existing Approach on the East and the Adjustment of the Existing West Approach to a Distance of 35 feet from the Nearest Opposing Driveway on Lot 1 of Horizons Subdivision 

BIDS 

MAYOR’S ITEMS 

COUNCIL ITEMS & LIAISON REPORTS 

Reconsideration Notices 

Motion for Delivery of Items from Committee 

STAFF ITEMS

105.         2012 Project Progress Report 

APPEALS

DARB 

License application appeals 

Sign Code Appeals

106.         No. CC080607-03 - Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 as requested by Lamar Advertising for an Off-Premise sign on Lot 1B, North 80 Subdivision, Section 19, T1N, R8E, BHM, Pennington County, South Dakota, located on South Hwy. 79 

Other Appeals Heard by the Council 

CIP COMMITTEE ITEMS 

PUBLIC HEARING ITEMS – Items 107 - 153 

Open Public Hearing (comment) -- Items 107 – 153 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 107 - 136 

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

Continue the following items until August 20, 2007:

107.         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. 

108.         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. 

109.         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. 

110.         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. 

111.         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. 

112.         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. 

113.         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. 

114.         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. 

115.         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. 

116.         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. 

117.         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. 

118.         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. 

119.         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. 

120.         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. 

121.         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. 

122.         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. 

123.         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. 

124.         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. 

125.         No. 07PL086 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 1 of Tract 2 Revised and Lot 2ER of Lot 2 of Tract 2 Revised of Cavern Crest Subdivision, located in the SE1/4 Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 1 of Tract 2 Revised and Lot 2E of Lot 2 of Tract 2 Revised of Cavern Crest Subdivision, located in the SE1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 2675 Cavern Road and 8500 West Highway 44. 

126.         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.   

127.         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. 

128.         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. 

129.         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. 

130.         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. 

131.         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. 

132.         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. 

133.         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. 

134.         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. 

135.         No. 07SV035 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to allow platting half of a right-of-way and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Tract 2 Revised and Lot 2ER of Lot 2 of Tract 2 Revised of Cavern Crest Subdivision, located in the SE1/4 Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 1 of Tract 2 Revised and Lot 2E of Lot 2 of Tract 2 Revised of Cavern Crest Subdivision, located in the SE1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 2675 Cavern Road and 8500 West Highway 44. 

136.         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. 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS 

Close Public Hearing (comment) -- Items 107 – 153 

CONSENT PUBLIC HEARING ITEMS – Item 137 - 139 

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

GROWTH MANAGEMENT ITEMS 

ALCOHOL LICENSES

137.         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

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

ASSESSMENT ROLLS

139.         No. LF071107-09 – Resolution Levying Assessment for Cleanup of Miscellaneous Properties 

OTHER ITEMS REQUIRING PUBLIC HEARINGS 

NON-CONSENT PUBLIC HEARING ITEMS – Items 140 - 153

140.         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. 

141.         No. 07CA030 - 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 Heavy Industrial 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. 

142.         No. 07FV005 – A request by Waltar Whittemore to consider an application for a Fence Height Exception to allow a six foot high fence in lieu of a four foot high fence on Lots 11 and 12 and the west six feet of Lot 13 of Block 11 of Schnasse Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 502 E. Denver Street 

143.         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. 

144.         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. 

145.         No. 07SV036 - A request by Fisk Land Surveying & Consulting for Best Buy Stores for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk on both sides of shared access and utility easements, to waive the requirement to install street light conduit, water,a nd sewer in shared access easements and to reduce the easement widths to 48 feet and 50 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Best Subdivision, located in the NW1/4 NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 8R of Block 3, located in the NW1/4 NE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2320 North Haines Avenue. 

146.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest any future assessment for the installation of curb, gutter, water and sewer along North Elk Vale Road and the installation of curb, gutter, sidewalk, water and sewer along Interstate 90 as they abut the NE1/4 SE1/4 less Right-of-way and S1/2 SE1/4 NE1/4 less Discovery Subdivision less Lot H2 and Less Right-of-way, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Elk Vale Road and South of East Mall Drive.  (07SV037) 

147.         No. 07SV037 - A request by FMG, Inc. for City of Rapid City for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water along North Elk Vale Road; to waive the requirement to install sidewalk along the west side of North Elk Vale Road; and, to waive the requirement to install curb, gutter, sidewalk, water and sewer along I90 Right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Tract 3 of Discovery Subdivision and dedicated Right-of-way and dedicated public right-of-way formerly the NE1/4 SE1/4 less Right-of-way and S1/2 SE1/4 NE1/4 less Discovery Subdivision less Lot H2 and Less Right-of-way, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4 less Right-of-way and S1/2 SE1/4 NE1/4 less Discovery Subdivision less Lot H2 and Less Right-of-way, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Elk Vale Road and South of East Mall Drive. 

148.         No. 07TI011 - A request by City of Rapid City 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 less the S1/2S1/2NW1/4NW1/4 of Section 28, all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Interstate 90 and Dyess Avenue. 

149.         No. 07TI012 - A request by City of Rapid City 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 less the S1/2S1/2NW1/4NW1/4 of Section 28, all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Interstate 90 and Dyess Avenue. 

150.         No. 07UR006 – 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 parcel of land described as follows: commencing at a point, said being the northeast corner of the intersection of East Anamosa Street and Elk Vale Road; Thence S00º06’41”W 238.22 feet to the point of beginning. Thence S89º55’40”W a distance of 50 feet; Thence S00º06’41”W a distance of 30 feet; Thence N89º55’40”E a distance of 50 feet; Thence N00º06’41”E a distance of 30 feet to the point of beginning, located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 311 Elkvale Road. 

151.         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. 

152.         No. 07RZ049 - Second Reading, Ordinance No. 5310, 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 all of the N1/2 NE1/4 and the N1/2 NW1/4, less Lot 1 of Marlin Industrial Park and Lots A, AB and C, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the E1/2 NE1/4 located in the NE1/4 NE1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, all of the Section Line Right-of-Way located in the NE1/4 NE1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of S.D. Highway 79 and south of Elk Vale Road. 

153.         No. 07RZ051 - Second 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. 

BILLS

154.         No. CC080607-01 Bill List for August 6, 2007 

EXECUTIVE SESSION permitted by SDCL 1-25-2 

ADJOURN