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

September 4 , 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 August 20, 2007; and special Council meetings of August 13, 2007, August 22, 2007, August 23, 2007, and August 27, 2007

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for August, 2007

2.                  Citizen of the 3rd Quarter, 2007

GENERAL PUBLIC COMMENT

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

NON-PUBLIC HEARING ITEMS -- Items 3 - 72

Public Comment opened – Items 3 - 53

Public Comment closed

CONSENT ITEMS – Items 3 - 53

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

Vacations of Right-Of-Way Set for Hearing (NONE)

Alcoholic Beverage License Applications Set for Hearing (September 17, 2007)

3.                  Steven C. Lester, LLC dba Rushmore Plaza Holiday Inn, 505 N. Fifth Street for a Retail (On-Sale) Liquor License TRANSFER from Steven C. Lester dba Rushmore Plaza Holiday Inn, 505 N. Fifth Street

4.                  Pennington County Democratic Party for a special Beer & Wine License for an event scheduled September 29, 2007 at AFL – CIO Labor Temple, 922 E. St. Patrick Street

5.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled October 13, 2007 at Dahl Arts Center, 713 7th Street

Public Works Committee Consent Items

6.                  Request the City Attorney’s Office draft agreements between the City of Rapid City, Pennington County, and City of Hermosa that would provide payment to the City of Rapid City for storm debris disposal if emergency funds are received

7.                  Acknowledge report on Inventory and periodic testing of public and private fire hydrants

8.                  Direct the Planning Commission and Growth Management staff to proceed with exploration of the pros and cons of expanding the City’s platting jurisdiction

9.                  No. PW082807-01 – Approve Change Order No. 2 for Dahl Arts Center Remodel and Addition IDP04-1367 to Scull Construction for an increase of $7,469.32

10.             No. PW082807-02 – Approve Change Order No. 2 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 $24,491.94

11.             No. PW082807-03 – Authorize staff to advertise for bids for Canyon Lake Drive Sidewalk 2007 Project No. ST07-1667 / CIP # 50691

12.             No. PW082807-04 – Authorize the Mayor and Finance Officer to sign an agreement with R.C.S. Construction Inc. for Parkview Drainage Improvement Project No. DR07-1668 for an amount not to exceed $13,839.55

13.             No. PW082807-05 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with Burns and McDonnell Engineering Co., Inc. for Utility System Master Plan – Phase II Project No. PW05-1447 / CIP #50617 for an amount not to exceed $60,538.00

14.             No. PW082807-06 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with Ferber Engineering, Inc. for Memorial Park and Farlow Avenue Water Main Reconstruction Project No. W07-1531 / CIP #50465 for an amount not to exceed $8,742.40

15.             No. PW082807-07 – Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for the Dunham Estates Phases 1 and 2 Water Main Extension

16.             No. PW082807-08 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Eglin Street Water Main Extension

17.             No. PW082807-09 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for the Mall Drive Water Main Extension

18.             No. PW082807-10 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for G&H Distributing Water Main Extension

19.             No. PW082807-11 - Acknowledge report on the evaluation and prioritization of intersection signalization

20.             No. PW082807-12 – Approve an annexation request from Rapid Canyon Sanitary District herein described by the following legal: Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, Range 7E of BHM, Pennington County, SD comprising of 35.23 acres

21.             No. PW082807-13 – Acknowledge report on Informational Guide to the 2007-2012 Capital Improvement Project Plan

22.             No. PW082807-14 - Approve the solid waste collection and tipping fee increases, and to direct staff to move forward in implementing the increases

23.             No. PW082807-15a – Approve a Resolution to Amend Section 7102 of the Solid Waste Division Policy changing the wording from water bill to utility bill

24.             No. PW073107-25 – Deny without prejudice, a request to authorize the preparation of an H-Lot and for the City of Rapid City to accept a deed for the H-Lot to be created out of Tract 1 Century Subdivision located in the NW ¼ of Section 32, T2N, R8E, BHM, Rapid City, South Dakota

25.             No. 07VR006 - Approve with stipulations, a Vacation of Right-of-Way for petitioner Advanced Engineering for Frank Washburn on the alley adjacent to Lots 9 thru 20 of Block 7 of Blake's Addition, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between East Boulevard North and North Maple Avenue and E. Philadelphia Street and E. New York Street

26.             No. 07VE026 - Approve with stipulations, a Vacation of a portion of Right-of-way for petitioner Kenneth E. and Carol Jean Grothe on Lot 12 of Block 1 of Kensington Heights Subdivision, located in Government Lot 4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 434 Field View Drive

27.             No. 07TP017 – 2007-2011 – Approve Transportation Improvement Program Amendment No. 07-015

28.             Approve an Exception to Section 8.2.1.I of the Street Design Criteria Manual for petitioner FMG Inc. for Bypass, LLC on I90 Heartland Business Park, Phase 3 (07EX081)

29.             Approve an Exception to Section 8.2.1.I of the Street Design Criteria Manual for petitioner FMG Inc. for Bypass, LLC on I90 Heartland Business Park, Phase 3 (07EX082)

Legal & Finance Committee Consent Items

30.             No. LF082907-14 – Approve Residency Policy for department directors

31.             No. LF082907-19 - Approve Travel Request for Staff and Council Members to attend the Municipal League Convention in Aberdeen, South Dakota, October 2-5, 2007, in the approximate amount of $2,070

32.             No. LF082907-17 - Approve appointment of Jason Love to the Air Quality Board for a three year term effective September 1, 2007

33.             No. LF082907-01 – Approve the Floodplain Development Committee’s recommendation that the City Council extend the June 4, 2007 ninety day Resolution Establishing A Moratorium on Rezoning Property within the 500 Year Flood Plain and on the Issuance Of Flood Plain Development Permits for the area west of Chapel Lane Road for an additional ninety (90) days from the September 5, 2007 expiration date to allow the Floodplain Development Committee to complete their review of the current policy and ordinances

34.             No. LF082907-15 – Acknowledge Capital Improvements Program Committee Monthly Update for August 2007

35.             No. LF082907-16 – Approve Capital Plan for Streets, Drainage and MIP Projects for August 2007

36.             No. LF082907-02 – Approve Event Permit for South Dakota State Historical Society Archaeological Research Center to hold event on May 2, 2008

37.             No. LF082907-05 – Approve Travel Request for Ron Johnsen to Attend Boyd’s Aviation Forecast Conference in Sarasota, FL, October 13-15, 2007, in an approximate amount of $1,880

38.             No. LF082907-06 – Approve Travel Request for Greta Chapman and Jason Walker to attend Internet Librarian 2007 Conference in Monterey, CA, October 29-November 1, 2007, in the approximate amount of $2,677.70

39.             No. LF082907-07 – Authorize the Mayor and Finance Office to sign the ESRI Software Maintenance Contract Agreement for the on-going maintenance and technical support of the ESRI based GIS Software in the amount of $48,400

40.             No. 07TP018 – Approve Rapid City Area Metropolitan Planning Organization Participation Plan

41.             No. 07TI015 - Approve a request by City of Rapid City to consider an application for a Third Revised Project Plan for Tax Increment District No. 32 - Red Rock Estates on Lots 1 thru 11 of Block 1, Lots 1 thru 19 of Block 2, Lots 1 thru 3 of Block 3, Lot 1 of Block 4, Lot 1 of Block 5, Outlot 1, and dedicated streets, all in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1, 2, 3A, 3B, 4A, and 4B of Block 6 of Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4 thru 16 of Block 3, Lot 2 and Lot 3 of Block 4, Lots 1 thru 6 of Block 7, Lots 1 thru 3 of Block 8, all in Red Rock Estates Phase 2, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Outlot A of Tract A, Countryside Sub, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Well Lot, and Balance of Picardi Ranch Road, and  Balance of Tract 1 (Less Red Rock Estates and Less ROW), all in Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted E1/2 NW1/4 NE1/4 less Red Ridge Ranch and ROW, SW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates, less Red Rock Estate Phase 1A, and Less Row,  E1/2 NW1/4 less Red Rock Estates and Less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Sub; N1/2 NE1/4 SW1/4 less Red Rock Estates & Less Countryside Sub; E1/2 NE1/4, and W1/2 NW1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north and east of Sheridan Lake Road.

42.             No. LF082907-08 – Approve Travel Request for Scott Sitts and Jim Chastain to attend Instructor Certification for Defensive Driving Class in Minneapolis, MN, November 18-21, 2007 in the approximate amount of $2,650

43.             Acknowledge the following Parks and Recreation Trail Volunteers for purposes of workers compensation insurance coverage: Sandra Babka, Larry Bowles, Jim Collins, Kevin Gilleland, Ken Hartman, Ann Hennies, Norman Neu, Susan E. Rodriguez, Streeter H. Shining, Deb Smith, Ardis Wilcox, Dean Wilcox, and Norman Zetah

44.             No. LF082907-10 – Acknowledge the report regarding the Informational Guide to the 2007-2012 Capital Improvement Project Plan

45.             No. LF082907-11 – Approve Travel Request for the following individuals to attend the 2007 South Dakota/North Dakota Parks & Recreation Association Annual Conference to be held in Aberdeen, SD, September 18-20, 2007, at an approximate cost of $3,878: Jerry Cole, Doug Lowe, Duncan Olney, Lon VanDeusen, Kristy Lintz, Jeff Richardt, Erin Goeden and Craig Nichols

46.             No. LF082907-12 – Authorize the Mayor and Finance Officer to sign Sub-Recipient Contract for Community Development Block Grant (CDBG) Funding with the Salvation Army for an amount not to exceed $25,000

47.             No. LF082907-13 – Approve abatement for Mark and Lorna Fitzgerald for $63.20

48.             Approve the following licenses:  Residential Contractor:   Aaron Sumner, Sumner Contracting Inc.; Sign Contractor:  Paul Weber, Rushmore Signs; Plumbing Plumber:  Cecil Lewton, Jerold Cranford, and Doug Brown; and Plumbing Contractor:  Paul Ortiz, Two Feathers Plumbing; Craig Heigh, Heigh Class Plumbing & Heating; and Brian Boock, By the Boock Plumbing. 

Growth Management Department Consent Items

49.             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.

50.             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.

51.             No. 07AN004 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Petition for Annexation on the SE1/4 of the NE1/4 ,the NE1/4 of the SE1/4, and the SE1/4 of the SE1/4 of Section 14; and the NE1/4 of Section 23, all less the East 33 feet previously annexed, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Bunker Drive and west of Haines Avenue.

52.             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.

53.             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.

END OF CONSENT CALENDAR

Public Comment opened – Items 54 - 72

Public Comment closed

NON-CONSENT ITEMS – Items 54 - 72

ORDINANCES

54.             No. 07OA007 – First Reading, Ordinance No. 5327 to Allow Transitory Non-Overnight Accessory Dog Kennels and Horse Corrals in Planned Developments by Amending Chapter 17.18.030 of the Rapid City Municipal Code

55.             No. 07RZ058 – First Reading, Ordinance No. 5328, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Don Jiracek for a Rezoning from Medium Density Residential District to General Commercial District on Lots 1 thru 2 of Block 2 of  North Boulevard Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 409 West Boulevard.

56.             No. 07RZ059 - First Reading, Ordinance No. 5329, 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 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.

57.             No. 07RZ060 - First Reading, Ordinance No. 5330, 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 to Medium Density Residential 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.

58.             No. 07RZ061 - First Reading, Ordinance No. 5331, 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 II 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 215.75 feet to a point; Thence N45º00’00”E 192.27 feet to the beginning of a curve concave to the northwest and having a radius of 2000.00 feet; Thence along said curve a distance of 450.67 feet to a point; Thence N32º05’22”E 84.51 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 1200.00 feet and a chord bearing of N59º55’26”W; Thence along said curve a distance of 500.56 feet to a point; Thence S42º01’34”W 646.67 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 to a point; 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.

59.             No. 07RZ062 - First Reading, Ordinance No. 5332, 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 Lot 1 of Mailloux Subdivision, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1030 Country Road.

60.             No. 07RZ063 - First Reading, Ordinance No. 5333, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Williams & Associates Architecture, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District on Lot 33R of Block 18 of Robbinsdale Subdivision No. 10, located in the SE1/4 NW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Anamaria Drive and Fifth Street.

61.             No. 07RZ014 - First Reading, Ordinance No. 5334, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Rimrock Estates, LLC for Heavy Constructors, Inc. for a Rezoning from Flood Hazard District to Medium Density Residential District on Lot 1 of Knecht Park Subdivision, Sections 8 and 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Idlehurst Lane and Jackson Boulevard.

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

63.             No. LF081507-02A – Second Reading, Ordinance No. 5324 to Establish the Department of Community Resources by Adding Chapter 2.24 to the Rapid City Municipal Code

64.             No. LF081507-04 – Second 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

65.             No. LF081507-09 – Second Reading, Ordinance No. 5326 Regarding 2008 Appropriation Ordinance

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

66.             Cancellation of parking passes for the Seventh Street leased parking lot that have been assigned

67.             No. LF082907-18 – Authorize the Mayor and Finance Officer to sign a Settlement Agreement with First Western Bank and 632 Main Condominium Unit Owners Association, Inc.

PUBLIC WORKS COMMITTEE ITEMS

BIDS

68.             No. CC090407-02 - Elk Street Drainage Improvements Project No.  ST05-1621 / CIP No. 50597 (opened August 28, 2007)

69.             No. CC090407-02 - City Library Sidewalk Repair Project No. ST07-1666 / CIP No. 50689 (opened August 28, 2007)

70.             No. CC090407-02 - Rapid City Bus Storage Facility Project No. IDP07-1637 (opened August 30, 2007)

71.             No. CC090407-02 - FTIR Spectrometer and FTIR Microscope for Rapid City Police Department Evidence Section (opened August 30, 2007)

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

72.             2012 Report

APPEALS

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 73 - 112

Open Public Hearing (comment) -- Items 73 – 112

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 73 - 101

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

Continue the following items until September 17, 2007:

73.             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.

74.             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.

75.             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.

76.             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.

77.             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.

78.             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.

79.             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.

80.             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.

81.             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 the curve in Elk Vale Road.

82.             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.

83.             No. 07PL079 - A request by Fisk Land Surveying & Consulting Engineers for Joe L. Ratigan for a Preliminary Plat on Lots 1 and 2 of Ratigan 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.

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

85.             No. 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.

86.             No. 07PL090 - A request by TSP Three, Inc. for Century Development Co. for a Preliminary Plat on Lots 1 thru 17 of Block 1; Lots 1 thru 19 of Block 2 and Lots 1 thru 16 of Block 3 of La Villa Vista Subdivision, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the north 327.2 feet of the N1/2 of the SE1/4 of Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom the W1/2 NW1/4 SE1/4; and excepting therefrom Lot 1 of Lot B of the NE1/4 SE1/4, as shown on the plat filed in Plat Book 3, Page 103; and excepting therefrom North Boulevard Addition; and excepting therefrom Lot RU-302A of the Original Townsite of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 14, Page 53; and excepting therefrom Lot RU-302B of the Original Townsite of Rapid City, Pennington County, South Dakota as shown on the plat filed in Plat Book 14, Page 94; and excepting therefrom any streets or highway rights of way, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1400 East Philadelphia Street.

87.             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.

88.             No. 07PL100 - A request by Sperlich Consulting for Schriner Investments, LLC for a Preliminary Plat on Lots 1 thru 6 of Block 1, Lots 1 thru 5 of Block 2 and Lot 1 of Block 3 of Medicine Ridge Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 of the NE1/4 and the SE1/4 of the NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Stumer Road and north of Enchantment Road.

89.             No. 07PL101 - A request by TSP for Bob Brandt for a Preliminary Plat on Tract 1 and Tract 2 of Tuscany Square Subdivision, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the 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, located at 333 Omaha Street.

90.             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.

91.             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.

92.             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.

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

94.             No. 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.

95.             No. 07SV040 - A request by Fisk Land Surveying for Joe Ratigan for a Variance to the Subdivision Regulations to waive the requirement that no new half-streets shall be permitted as per Chapter 16.12.050 of the Rapid City Municipal Code along the adjacent section line highways on Lots 1 and 2 of Ratigan Subdivision, located in the NE1/4 NE1/4 NE1/4  and the 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 the SE1/4 NE1/4 NE1/4 of Section 14, T1N, R6E, BHM, Pennington County, South Dakota, located at 8115 West Highway 44.

96.             No. 07SV042 - A request by TSP for Bob Brandt for a Variance to the Subdivision Regulations to reduce the width of the access easement from 59 feet to 26 feet, to waive the requirement to provide a minimum eight foot wide drainage and utility easement, and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Tract 1 and Tract 2 of Tuscany Square Subdivision, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the 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, located at 333 Omaha Street.

97.             No. 07SV044 - A request by Bryan Gonzales for Century Development Co. for a Variance to the Subdivison Regulations to reduce the right-of-way requirement from 68 feet to 54.6 feet for a 481 foot portion of the proposed extension of Philadelphia Street on Lots 1 thru 28 of Block 1 and Lots 1 thru 24 of Block 2 of LaVilla Vista Subdivision and dedicated Right-of-Way, located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the north 327.2 feet of the N1/2 of the SE1/4 of Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom the W1/2 NW1/4 SE1/4; and excepting therefrom Lot 1 of Lot B of the NE1/4 SE1/4, as shown on the plat filed in Plat Book 3, Page 103; and excepting therefrom North Boulevard Addition; and excepting therefrom Lot RU-302A of the Original Townsite of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 14, Page 53; and excepting therefrom Lot RU-302B of the Original Townsite of Rapid City, Pennington County, South Dakota as shown on the plat filed in Plat Book 14, Page 94; and excepting therefrom any streets or highway rights of way, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1400 East Philadelphia Street.

98.             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.

99.             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 East North Street.

100.         No. 07VR009 - A request by Dream Design International, Inc. for a Vacation of Section Line Highway on 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 the curve in Elk Vale Road.

Continue the following items until October 1, 2007:

101.         No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of Section Line Highway on that portion of the statutory Section Line Right-of-Way lying in the NE1/4, SE1/4, Section 13, T2N, R7E, and that portion of the statutory Section Line Right-of-Way, lying in Tract 5, Sletten Addition, located in the NW1/4, SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the north to east curve of West Nike Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 73 – 112

CONSENT PUBLIC HEARING ITEMS – Item 102 - 104

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

102.         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)

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

104.         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

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 105 - 112

105.         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.

106.         No. 07CA009 - A request by Rimrock Estates, LLC for Heavy Constructors, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Flood Hazard to Medium Density Residential with a Planned Residential Development on Lot 1 of Knecht Park Subdivision, Sections 8 and 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Idlehurst Lane and Jackson Boulevard.

107.         No. 07PD057 – An appeal of the Planning Commission’s decision on a request by Boschee Engineering for Stoney Creek Development for a Major Amendment to a Planned Commercial Development on a parcel of land located in a portion of the NW¼SW¼, lying South of Catron Boulevard, in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: Beginning at the Northeast corner of said NW¼SW¼, Thence S25º04'24"W,  609.82 feet to the true point of beginning, said point is lying on the south right-of-way line of Catron Boulevard; Thence departing said south right-of-way line, S25º51'23"W, 193.96 feet;  thence N70º48'41"W, 304.64 feet to a point lying on the easterly right-of-way line of Bendt Drive as shown on the final plat of Stoney Creek South Subdivision; Said point is also lying on a curve concave to the southeast and whose chord bears N44º11'25"E, 11.07 feet; Thence northerly along the arc of said curve to the right whose radius is 174.00 feet, and whose delta angle is 03º38’45”, an arc distance of 11.07 feet to a point of reversed curvature; Thence continuing northerly along said easterly right-of-way line of Bendt Drive the following two courses; Thence northerly along the arc of said curve to the left whose radius is 226.00 feet, and whose delta angle is 33º41’44”, an arc distance of 132.91 feet to a point of tangency; Thence N12º19'03"E, 57.83 feet to a point lying on the southerly right-of-way line of Catron Boulevard; said point is also lying on a curve concave to the southwest and whose chord bears S70º05'51"E, 306.73 feet; Thence southeasterly along said right-of-way line and along the arc of said curve to the right whose radius is 1356.92 feet, and whose delta angle is 12º58’45”, an arc distance of 307.38 feet to the true point of beginning, containing 1.354 acres more or less, located at the southeast corner of the intersection of Bendt Drive and Catron Boulevard.

108.         No. 07SV043 - A request by Britton Engineering for Land and Marine Development, Inc. for a Variance to the Subdivision Regulations to allow platting half of a Right-of-Way as per Chapter 16 of the Rapid City Municipal Code on the Bunker Drive Right-of-way of the Rockinon Ranch Estates, located in the N1/2 NE1/2 SE1/4 of Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the N1/2 NE1/2 SE1/4 of Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3211 Bunker Drive.

109.         No. 07TI009 - A request by Dream Design International, Inc. for Zandstra Real Estate Holdings for a Resolution Creating 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, located south and west of Elks Country Estates and east of Elk Vale Road.

110.         No. 07TI010 - A request by Dream Design International, Inc. for Zandstra Real Estate Holdings 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, located south and west of Elks Country Estates and east of Elk Vale Road.

111.         No. 07VR010 – A request by the City of Rapid City to consider an application 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, more generally described as being located adjacent to 904 thru 1014 Lemmon Avenue and northeast of the intersection of Van Buren Street and Lemmon Avenue.

112.         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.

BILLS

113.         No. CC090407-01 Bill List for September 4, 2007

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN