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

August 20, 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, August 6, 2007 with a correction to the Bill List, decreasing the amount to $9,475,153.69, August 7, 2007 Budget Review, and August 8, 2007 Budget Review

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for August, 2007

2.                  Employee Recognitions and Awards for August, 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 - 62

Public Comment opened – Items 3 - 51

Public Comment closed

CONSENT ITEMS – Items 3 - 51

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

Vacations of Right-Of-Way Set for Hearing (September 17, 2007)

3.                  No. 07VR008 - A request by Thomas J. Farrar for a Vacation of Right-of-way on Lot H-1 and H-2 of LotB of Lot 1 in the NW1/4 of the SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Century Road and S.D. Highway 16.

4.                  No. 07VR010 - A request by City of Rapid City for a Vacation of a portion of Right-of-way on Lots 1 thru 46 of Millard Subdivision, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to 904 thru 1014 Lemmon Avenue and northeast of the intersection of Van Buren Street and Lemmon Avenue.

Alcoholic Beverage License Applications Set for Hearing (September 4, 2007)

5.                  Dealer Exchange, Inc. dba Diamond Dave’s, 2200 N. Maple Avenue (Rushmore Mall Space 478) for a Retail (On-Sale) Liquor License transfer from Hansen Investments, Inc. dba Diamond Dave’s, 2200 N. Maple Avenue (Rushmore Mall Space 478)

6.                  Steven C. Lester LLC dba Rushmore Plaza Holiday Inn, 505 N. 5th Street for a Package (Off-Sale) Liquor License

7.                  Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled September 7, 2007 at the Central States Fair Fine Arts Building, 800 San Francisco Street

Public Works Committee Consent Items

8.                  No. PW081407-03 - Acknowledge the report on the possibility of additional parkland in the south part of town

9.                  Approve the request to install street lighting in the median on Black Hills Power transmission poles (i.e. West Chicago Lighting Project)

10.             No. PW081407-05 - Authorize staff to begin contract negotiations for engineering services for the Source Water Protection Initiative Master Plan

11.             No. PW081407-06 - Authorize staff to solicit proposals for engineering services for Skyline Drive Restoration

12.             No. PW081407-07 – Approve Change Order No. 2F for Sheridan Lake Road PCCP Repair Project No. STCM07-1636 / CIP No. 50445 to Tru-Form Construction, Inc. for an increase of $2,926.54

13.             No. PW073107-03R – 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

14.             No. PW081407-08 – Approve Change Order No. 4 for Country Road Regional Lift Station Project No. SS03-1255 / CIP #50376 to R.C.S. Construction, Inc. for an increase of $234.92

15.             No. PW081407-09 – Approve Change Order No. 1 for Downtown Alley Resurfacing 2007 Project No. ST07-1627 / CIP No. 50379 to Hills Materials Company for an increase of $20,823.00

16.             No. PW081407-10 – Approve Change Order No. 1F for Chip Seal Street 2007 Project No. ST07-1628 / CIP No. 50584 to Hills Materials Company for an increase of $12,378.20

17.             No. PW081407-11 – Approve Change Order No. 1F for 42" Trunk Sewer Siphon Rehabilitation Project No. SS05-1544 / CIP No. 50327 to Heavy Constructors, Inc. for an increase of $1,876.45

18.             No. PW081407-12 – Approve Change Order No. 1F for Hall Street Sewer Main Extension SS06-1482 / CIP No. 50632 to Mainline Contracting, Inc. for an increase of $1,435.50

19.             No. PW081407-13 - Authorize staff to advertise for bids for Meadowbrook Golf Course Bridge Repair Project No. PR07-1674

20.             No. PW081407-14 - Authorize staff to advertise for bids for Canyon Lake Drive Irrigation Project No. PR06-1515 / CIP #50600

21.             No. PW081407-15 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Financial and Road Transfer Agreement #612978 with South Dakota Department of Transportation

22.             No. PW081407-16 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with Advanced Engineering and Environmental Services, Inc. for the Elk Vale Water Reservoir Preliminary Engineering Study; Project No. W07-1638 for an amount not to exceed $2,328.00

23.             No. PW081407-17 – Authorize the Mayor and Finance Officer to sign Amendment No. 2 to the Professional Services Agreement with enVision Design, Inc. for the Preliminary and Final Design of Phase I of the Downtown Area Street Reconstruction Project No. ST04-1070, 1077, and 1449 for an amount not to exceed $3,968.08

24.             No. PW081407-18 – Authorize the Mayor and Finance Officer to sign a Sewer Construction Fee Resolution for a 10-inch gravity sewer main for Brookfield Subdivision Phase I

25.             No. PW081407-19 – Authorize the Mayor and Finance Officer to sign a Sewer Construction Fee Resolution for 10-inch sewer force main for the Brookfield Subdivision Phase I

26.             No. PW073107-20 - Approve the report on North Rapid High Level and Low Level Water System Modeling for NE Rapid City prepared by Ferber Engineering Company, Inc. dated June 29, 2007

27.             No. PW081407-20 - Acknowledge the report on the Stormwater Management Plan and Phase II Stormwater Program Update

28.             No. PW081407-21 - Approve the reallocation of funding on Change Order No. 1F for Block 12 Millard Addition Sanitary Sewer Extension Project No. SS06-1625 / CIP #50670 approved at the August 6, 2007 City Council Meeting

29.             No. PW081407-22 - Authorize staff to declare and dispose of surplus property which is a stockpile of sand mixed with salt for the Street Division

30.             Approve additional interest payment for the Pactola Reallocation Contract in the amount of $3,075.66

31.             No. 07VR009 - Approve with stipulations, a Vacation of Section Line Highway for petitioner Dream Design International, Inc. 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, more generally described as being located west side of Jolly Lane at the north end between Jolly Lane cul-de-sac and curve in Elk Vale Road

Legal & Finance Committee Consent Items

32.             No. LF081507-01 – Confirm appointment of Karen Massee to the Mayor’s Committee on Disabilities. 

33.             No. LF081507-11 – Confirm appointment of Steve Rolinger as the Ward 4 representative on the Rapid City Planning Commission. 

34.             No. LF081507-12 – Confirm appointment of Dan Dryden, Bob Brandt, Norbert Sebade, and Mike Tennyson to the Committee to Review Tax Increment Financing Guidelines. 

35.             No. LF081507-13 – Confirm appointment of Karim Merali to the BID Board. 

36.             No. LF081507-14 – Confirm appointment of Steve Rolinger as the Rapid City Planning Commission Representative to the Zoning Board of Adjustments. 

37.             No. LF081507-16 - Acknowledge the report on the recommendations of the Opportunity Capture Fund Committee for funding for Northrop Grumman Information Technology, Inc. and the South Dakota School of Mines & Technology. 

38.             No. LF080107-19 – Adopt the Government Buildings Five Year Plan for 2008. 

39.             No. LF081507-08 - Approve acceptance of grant from South Dakota Department of Public Safety for Safe Streets Initiative. 

40.             No. LF081507-03 – Approve Event Permit for Festival of Lights to hold parade on November 24, 2007. 

41.             No. 07TP016 – Approve final Rapid City Area Transportation Improvement Program (Fiscal Years 2008-2012). 

42.             No. 07RD003 - Approve a request by Jared Tordsen for Land and Marine Developments, Inc. to consider an application for a Road Name Change from Hovering Heights Court to Abbey Road on the N1/2 of the NE1/4 of the SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located Hovering Heights Court west of Bunker Drive with the stipulation that the developer will pay for any street signs that need to be changed. 

43.             No. LF080107-12 – Acknowledge presentation of audit of 2006 Annual Finance Report by Ketel, Thorstensen LLP. 

44.             Acknowledge the following volunteer for workmen compensation purposes:  Danielle Bordeaux. 

45.             Authorize the Pennington County Auditor's Office to conduct special election on September 18, 2007. 

46.             No. LF081507-10 – Authorize Mayor and Finance Officer to sign Request for Group Insurance Amendment. 

47.             No. LF081507-17 - Authorize the Mayor and Finance Officer to sign a Grant Agreement with the South Dakota Department of Health Preparedness and Response to receive funding for Emergency Mosquito Control. 

48.             No. LF081507-07 – Authorize the Mayor and Finance Officer to sign a Contract for Private Development Tax Increment District No. 63 between Copperfield Vistas, LLLP and the City of Rapid City. 

49.             No. LF081507-15 – Authorize the Mayor and Finance Officer to sign an Agreement between the City of Rapid City and South Dakota Department of Corrections to Allow Engineering and Assessment Activities to be conducted on City Owned Land that is the Proposed Site of a State Correctional Facility. 

Growth Management Department Consent Items

50.             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.

51.             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.

END OF CONSENT CALENDAR

Public Comment opened – Items 52 - 62

Public Comment closed

NON-CONSENT ITEMS – Items 52 - 62

ORDINANCES

52.             No. LF081507-06 – First Reading, Ordinance No. 5322 Amending the General Penalty for an Unlawful Act by Amending Section 1.12.010 of the Rapid City Municipal Code. 

53.             First Reading, Ordinance No. 5324 to Establish the Department of Community Resources by Adding Chapter 2.24 to the Rapid City Municipal Code. 

54.             No. LF081507-04 – First Reading, Ordinance No. 5325 to Modify the Qualifications for the Members of the Rapid City Regional Airport Board by Amending Section 2.72.020 of the Rapid City Municipal Code. 

55.             No. LF081507-09 – First Reading, Ordinance No. 5326 Regarding 2008 Appropriation Ordinance. 

56.             No. LF080107-14 - Second Reading, Ordinance No. 5314 Regarding Supplemental Appropriation No. 3 for 2007. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

57.             No. LF080107-35 – Approve $1,806,000 for the Rushmore Crossing on-site oversizing and off-site water and sewer main project costs from the .16 Utility Fund with the repayment of the .16 Fund from the Tax Increment District #56 Project Plan to include a standard rate of interest. 

58.             No. 07TI009 – A request by Dream Design International, Inc. for Zandstra Real Estate Holdings to consider an application for a Resolution Creating a Tax Increment District on Tract 1 of the E1/2 of Section 16 less Elks Country Estates and the SW1/4 of Section 16 less Plum Creek Subdivision, all located in Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the N1/2N1/2NE1/4NW1/4 and the N1/2N1/2NW1/4NE1/4 and the E1/2NE1/4, all located in Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota., more generally described as being located south and west of Elks Country Estates and east of Elk Vale Road.  

59.             No. 07TI010 – A request by Dream Design International, Inc. for Zandstra Real Estate Holdings to consider an application for a Tax Increment District Project Plan on Tract 1 of the E1/2 of Section 16 less Elks Country Estates and the SW1/4 of Section 16 less Plum Creek Subdivision, all located in Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the N1/2N1/2NE1/4NW1/4 and the N1/2N1/2NW1/4NE1/4 and the E1/2NE1/4, all located in Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota., more generally described as being located south and west of Elks Country Estates and east of Elk Vale Road. 

60.             No. 07TI014 – A request by Dream Design International, Inc. to consider an application for a Revision to the Tax Increment District No. 56 Project Plan on that portion of the Interstate 90 right-of-way lying in the SE1/4 NE1/4 and in the NE1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Entire Interstate 90 right-of-way located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Entire Interstate 90 right-of-way located in the SW1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract F, Marshall Heights Subdivision No. 2 and the Interstate 90 right-of-way lying south of and adjacent to Tract F, Marshall Heights Subdivision No. 2, all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the East Disk Drive right-of-way lying east of North LaCrosse Street located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot K-4 less Lot H-1, Marshall Heights Tract, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 and 2 and the south ½ of the vacated alley and Pine Street right-of-way adjacent to said lots, Block 2, Rapps Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot M of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Entire Farnwood Avenue right-of-way, entire Spruce Street right-of-way, and entire Rapp Street right-of-way all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the North LaCrosse Street right-of-way lying adjacent to Lot K-4 of Marshall Heights Tract and Lot 1 of Bedco Subdivision and including the entire intersection of North LaCrosse Street and Rapp Street, all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 located in N1/2 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Unplatted portion of the N1/2 SE1/4 lying south of Interstate 90, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 and 2, Bedco Subdivision, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, SE1/4 SE1/4 lying north of the railroad right-of-way and the unplatted portion of the SW1/4 SE1/4 all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the S1/2 lying south of Interstate 90 and north of the railroad right-of-way, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the NE1/4 NW1/4 and N1/2 NE1/4 lying north of the railroad right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the Dyess Avenue right-of-way lying in the S1/2 SW1/4 and the entire intersection of Dyess Avenue and Eglin Street all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of LaCrosse Street and south of U.S. Interstate 90. 

61.             Request the Mayor to appoint a Task Force to consider noise ordinance amendments. 

PUBLIC WORKS COMMITTEE ITEMS

BIDS

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

62.             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 63 - 118

Open Public Hearing (comment) -- Items 63 – 118

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 63 - 91

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

Continue the following items until September 4, 2007:

63.             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.

64.             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.

65.             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.

66.             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.

67.             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.

68.             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.

69.             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.

70.             No. 07AN003 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Petition for Annexation on the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and west of Reservoir Road.

71.             No. 07CA032 - A request by CETEC Engineering Services, Inc. for OS Development for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Agriculture to Low Density Residential 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.

72.             No. 07CA035 - A request by CETEC Engineering Services, Inc. for OS Development for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Agriculture to Neighborhood Commercial with a Planned Commercial Development 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.

73.             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.

74.             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.

75.             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 Subdivision, 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.

76.             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.

77.             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.

78.             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.

79.             No. 07PL096 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Layout Plat on Lots 1 thru 6 of Block 1, Lots 1 thru 9 of Block 2, Lots 1 thru 8 of Block 3, Lots 1 thru 19 of Block 4, Lots 1 thru 14 of Block 5, Lots 1 thru 23 of Block 6, Lots 1 thru 15 of Block 7, Lots 1 thru 15 of Block 8, Lots 1 thru 13 of Block 9, Lots 1 thru 12 of Block 10, Homestead Subdivision, located in the SE1/4 of the NE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and west of Reservoir Road.

80.             No. 07PL097 - A request by Jared Tordsen for Land and Marine Developments, Inc. for a Preliminary Plat on Lots 15 thru 21 of Rockin Ranch Estates, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2 of the NE1/4 of the SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of the existing Hovering Heights Court and Bunker Drive.

81.             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. 

82.             No. 07RZ052 - Second 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. 

83.             No. 07RZ055 - Second 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. 

84.             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.

85.             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.

86.             No. 07SV039 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Variance to the Subdivision Regulations to waive the requirement to dedicate a planting screen easement, 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 along Reservoir Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 6 of Block 1, Lots 1 thru 9 of Block 2, Lots 1 thru 8 of Block 3 , Lots 1 thru 19 of Block 4, Lots 1 thru 14 of Block 5, Lots 1 thru 23 of Block 6, Lots 1 thru 15 of Block 7, Lots 1 thru 15 of Block 8, Lots 1 thru 13 of Block 9, Lots 1 thru 12 of Block 10, Homestead Subdivision, located in the SE1/4 of the NE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and west of Reservoir Road.

87.             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 items until September 17, 2007:

88.             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.

89.             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.

90.             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. 

91.             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.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 63 – 118

CONSENT PUBLIC HEARING ITEMS – Item 92 - 95

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

92.             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

93.             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

94.             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

95.             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

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 96 - 118

96.             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.

97.             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.

98.             No. 07CA033 - A request by CETEC Engineering Services, Inc. for OS Development for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Agriculture to Medium Density Residential with a Planned Residential Development on a 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.

99.             No. 07CA034 - A request by CETEC Engineering Services, Inc. for OS Development for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Agriculture to High Density Residential with a Planned Residential Development 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 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.

100.         No. 07CA036 - A request by CETEC Engineering Services, Inc. for OS Development for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Agriculture to High Density Residential with a Planned Residential Development 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.

101.         No. 07FV006 – A request by TSP Three, Inc. for Bob Brandt 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 Dan's Supermarket Tract Revised less Lot 1 [also in Block 67] and less Lot H-1 of Block 66 of the Original Town of Rapid City, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 333 Omaha Street

102.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest any future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highway as it abuts 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.  (07SV001)

103.         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.

104.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sewer and sidewalk along Mount Rushmore Road as it abuts 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.  (07SV010)

105.         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.

106.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sewer and sidewalk along Mount Rushmore Road as it abuts 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.  (07SV028)

107.         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.

108.         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.

109.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest any future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along S.D. Highway 44 West and the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Cavern Road as they abut 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.  (07SV035)

110.         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.

111.         No. 07SV038 - A request by Kathleen Berger for a Variance to the Subdivision Regulations to waive the requirement to dedicate Right-of-way along the Section Line Highway on Lot 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.

112.         No. 07SV041 - A request by City of Rapid City / Dream Design International for a Variance to the Subdivision Regulations to waive the requirement to dedicate a full street per Chapter 16.12.050 of the Rapid City Municipal Code 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 southeast of Elk Vale Road.

113.         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.

114.         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.

115.         No. 07RZ053 - Second 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 a 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.

116.         No. 07RZ054 - Second 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 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 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.

117.         No. 07RZ056 - Second 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.

118.         No. 07RZ057 - Second 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.

BILLS

119.         No. CC082007-01 Bill List for August 20, 2007

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN