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

October 1 , 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 September 17, 2007 and September 25, 2007 special proceedings; correct minutes of August 20, 2007 referencing (07SW033) to read as (07SV033); and September 19, 2007 Information Committee Meeting

AWARDS AND RECOGNITIONS

1.                  Certificate of Appointment and Loyalty Oath of Kevin Thom as Community Resource Director

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 2 - 66

Public Comment opened – Items 2 - 52

Public Comment closed

CONSENT ITEMS – Items 2 - 52

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 (October 15, 2007)

2.                  Norman J. Gary dba Matador Casino, 2315 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from Laural A. Hawkins dba The Marble Club, 2315 1/2 Mt. Rushmore Road

Public Works Committee Consent Items

3.                  Refer the discussion of City property, School property and Journey Museum property to the Floodplain Boundary Policy Committee

4.                  Acknowledge the Update on the Storm Water Steering Committee/Phase II

5.                  No. PW092507-02 – Approve Change Order No. 3 for Dahl Arts Center Remodel and Addition Project No. IDP04-1367 to J. Scull Construction Services for an increase of $3,566.60

6.                  No. PW092507-04 – Approve Change Order No. 2F for Downtown Alley Resurfacing 2007 Project No. ST07-1627 / CIP No. 50379 to Hills Materials Company for an increase of $8,743.14

7.                  No. PW092507-05 - Approve Change Order No. 2 for Red Rock Water Storage Reservoir Project No. W03-1184 / CIP No. 50284 to Heavy Constructors, Inc. for an increase of $5,935.63

8.                  No. PW092507-06 - Approve Change Order No. 1 for Evergreen Drive Water Main Reconstruction Project No. W07-1645 / CIP No. 50678 to Mainline Contracting, Inc. for a decrease of $4,571.25

9.                  No. PW092507-07 - Approve Change Order No. 1 for Haines Avenue PCCP Panel Repair Project No. STCM07-1626 / CIP No. 50445 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $3,265.55

10.             No. PW092507-08 - Approve Change Order No. 1F for Raider Road Water Main Loop Project No. W07-1601 / CIP No. 50475 for Hills Materials Company for a decrease of $16,497.00

11.             No. PW092507-09 – Authorize staff to advertise for Water Reclamation Facility Digester Repair and Improvements - Phase II; Project No. WRF07-1549A

12.             No. PW092507-10 – Authorize the Mayor and Finance Officer to sign a Utility Easement Agreement with the South Dakota Department of Transportation

13.             No. PW092507-11 – Authorize the Mayor and Finance Officer to sign a Funding Agreement with the South Dakota Department of Transportation for the design and construction of Eglin Street

14.             No. PW092507-13 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Ferber Engineering, Inc. for Eglin Street Extension from E. North Street to DOT Entrance. Project No. ST05-1470 / CIP #50560 for an amount not to exceed $76,797.00

15.             No. PW092507-14 – Authorize the Mayor and Finance Officer to sign an Agreement with the Rapid City Police Officers Association for the Acquisition of Permanent Utility Easements for a gravity sewer main

16.             No. PW092507-18 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to Funding, Maintenance and Encroachment Agreement for PH1771(13) PCN 00LM with the South Dakota Department Of Transportation for an increase in the City’s share of the project cost from $117,964.00 to $180,000.00

17.             No. PW092507-16 – Authorize staff to seek proposals for the Preliminary Design of East Boulevard and East North Street Reconstruction Project No. ST08-1511 / CIP #50565 and 50142

18.             Approve the reimbursement of fifty percent of the cost of a feasibility study to the Rapid City Area School District to build a 12-court tennis complex near the Parkview pool and softball complex for an amount not to exceed $4,000.00

19.             No. PW092507-17 – Approve an Initial Resolution setting time and place for hearing on November 5, 2007 for Enchanted Pines Drive Water Main Extension Phase 1

20.             No. 07VE027 - Approve a request by Sperlich Consulting, Inc. for Haeder and Associates for a Vacation of a portion of a non-access easement on Lot 11 of Block 3 of Kensington Heights Subdivision, located , in Government Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southeast corner of the intersection of Field View Drive and Davin Drive

21.             No. PW092507-19 - Authorize staff to seek proposals for the use of Greenway / Pedestrian / Bike Path Funds; proposals to be received no later than December 6, 2007; and recommendations forwarded to the February 12, 2008 Public Works Committee meeting; and coordinate ADA improvements relating to the greenway as part of the plan. 

Legal & Finance Committee Consent Items

22.             Request Welby and Edna Spainhower to meet with the Parks and Recreation Board and discuss options for selling their produce in City parkland. 

23.             No. LF092607-01 - Approve evaluation of the proposal to move the “Pap” Madison Cabin from Halley Park to The Journey Museum. 

24.             No. LF092607-16 – Approve request from the Rapid City Historic Preservation Commission to place the Historic “Pap” Madison Cabin as an individual contributor on the National Historic Register of Historic Places, located in Haley Park, which is used for storage by the Rapid City Parks Department. 

25.             No. LF092607-17 - Confirm appointment of County Commissioner Ethan Schmidt as a member of the City’s TIF Guideline Review Committee. 

26.             No. LF092607-02 – Authorize the Mayor and Finance Officer to sign Joint Powers Agreement among Meade County, Pennington County, the City of Box Elder, the City of Rapid City, and the South Dakota Board of Water and Natural Resources for Ellsworth Air Force Base, Box Elder Drainage, I-90 Corridor, Multiple Jurisdictional, Bulk Sewerage Treatment, Feasibility Study Project. 

27.             No. LF091207-02 – Request the Mayor to appoint an annexation committee consisting of five Council members, one Planning Commission member, and one County Commissioner to review annexation issues and bring back a recommendation. 

28.             No. LF092607-03 – Approve Travel Request for Ray Cornford, Steve Allender, Vicki Jaco, and Gina Steele to attend CALEA Conference in Colorado Springs, CO, November 13-18, 2007, in the approximate amount of $3,937. 

29.             No. LF092607-04 – Approve Travel Request for Denise Rossum, Carol Siemonsma, Sandy Dempsey, and Lori Culbertson-Clark to attend Ortivus EMS Group Training in Englewood, CO, on November 7-9, 2007, in the approximate amount of $5,875.12. 

30.             No. LF092607-05 – Approve Travel Request for Greta Chapman, Edward Hughes, Ronald Hopp, Travis Brink, Susan Braunstein, Rebecca Steffen, and Lucille O’Grady to attend South Dakota Library Association Conference in Watertown, SD, October 16-19, 2007, in the approximate amount of $2,629. 

31.             No. 07TP020 – Approve the Citizens’ Advisory Committee, the Technical Coordinating Committee and the Executive Policy Committee Bylaws. 

32.             No. 07TP021 – Approve the Metropolitan Planning Organization Operations Plan. 

33.             No. 01TI004 - Approve a request by City of Rapid City to consider an application for a Resolution Dissolving Tax Increment District No. 32 on Lots 1-11, Block 1, Lots 1-19, Block 2, Lots 1-3, Block 3, Lot 1, Block 4, Lot 1, 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, Block 6, Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4-16, Block 3, Lot 2 and Lot 3, Block 4, Lots 1-6, Block 7, Lots 1-3, 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 of the intersection of Sheridan Lake Road and Muirfield Drive. 

34.             No. LF092607-06 – Approve Resolution Amending the Travel Regulations. 

35.             No. LF092607-07 – Approve Resolution Authorizing the Mayor to Use His Private Airplane. 

36.             Acknowledge the following volunteers for purposes of workers compensation insurance coverage:  Dale Bartscher, Greg Blanc, Joel Higgins, Norman Pierce, Michael Schultz, Paul Doriani, Nate Green, Andrzej Wyrostek, Corey Haurouff, Ben Lingl, Peggy Pientok, Ken Edel, Jim Albers, Pam Gordon, Arlette Wiege, Paul Baran, Sahin Maurer, Richard Fairfield, Alice McCoy, Rex Allen, Cory Bendixen, Christian Helgeson, Benjamin Lingl, Victoria McIntosh, Brian Dreadfulwater, Kenneth Santos, Jerry Walenta, Jennifer Schultz, Chuck Nicholson, Kale Schutterle, Jacob Presley, Josh Carter, Josh Graves, David Alderman, Courtney McLaughlin, Shelly Underhill, Jon Dangel, Kennen Finck, Krayden Krause, Casey Ann Dunn, Josh Poppe, Mike Grenstiner, Matt Hemminson, Terryl Corridier, Colloy Delzer, Chris Reynolds, Deven, Mike Walkingbull, Corey Rider, Isaac Durpis, Kwame Powell, Winston Dion, Logan Agala, Jonathan Meadows, Taft Tubbs, Joshua Tremblay, Jeremiah Hamilton, Peter Eckhoff, George Munoz, Rudy Vasquez, Dallin Skelton, Joel Dickenson, Denis Gauthier, Matthew Daville, Troy Kohter, Joseph Sharpe, Desmond Ojeda, David Powers, Melvin Bingham, Karen Olsen, Chad Thompson, Cody Hack, Jim Albers, Samara Taylor, Brittany Hendricks, Kenneth Santos, Mike Graves, William Seaver, Alexis DeLavega, Jesus Torres, Franky Torres, Seith Torres, Jeanine Albers, Lance Bodden, Douglas DeMarrias, Mike Rich, Francis Siers, Rick Livesey, Lawrence Richards, Troy Thompson, Terry Knutson, Kaci Pahdocony, Nathan Wood, Cameron Dylovig, Malicia Wimberly, Travis Olson, Megan Azevedo, Jacob Frank, Travis Olson, Benjamin Lingl, Justin Prairie Chicken, Melvin Bingham, Chris Bingham, Matthrew Goodrich, Terry Knutson, Troy Thompson, Joe Farrier, Quick Bear, Chad Thompson, Michael Stevens, Matthew Daville, Shawn Monteer, Nicholas Hovingh, Denis Gauthier, Taft Tubbs, Peter Eckhoff, Suzanne Eckhoff, Joel Dickenson, Harold Vandermolen, Emily Stettler, John Renninger, Clayton Whitaker, Nicole Tauzin, Oscar Medina, David Franz, Derrick Bolden. 

37.             No. LF092607-08 – Approve DOT Drug and Alcohol Policy Revisions. 

38.             Authorize the expenditure of up to $72,265 for the Drainage Overview Report from the Drainage Fund. 

39.             No. LF092607-09 – Authorize the Mayor and Finance Officer to sign Johnson Control Maintenance Agreement renewal for the energy plant in the total amount of $17,234. 

40.             No. LF092607-11 – Approve Resolution Canceling Checks or Warrants Not Presented for Payment within One Year of Date of Issuance in the amount of $2,301.01. 

41.             Approve re-allocation of $15,000 from the CIP Swim Center Locker Room Improvement Project to the Meadowbrook Golf Course Bridge Repair Project No. PR07-1674. 

42.             No. CC091707-02 – Approve the bid award for Structure Repair - Meadowbrook Golf Course Project No. PR07-1674 to the lowest responsible bidder meeting specifications, Heavy Constructors, Inc., the low unit prices bid for a total contract amount of $46,100.50. 

43.             No. LF092607-14 – Acknowledge Raffle Request from Black Hills Society for Human Resource Management. 

44.             No. LF092607-15 – Authorize the Mayor and Finance Officer to sign Agreement between the City of Rapid City and Doeck, LLC for the Completion of Subdivision Improvements. 

45.             Approve the following licenses:  Sewer and Water Contractor:  Howard Nold, Nold Excavating. 

Growth Management Department Consent Items

46.             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.

47.             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.

48.             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.

49.             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.

50.             No. 07PL114 - A request by Renner & Associates for Jo and Steve Benn for a Layout Plat on Lot 8 of Block 4 of Clarkson Subdivision, Section 31, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2 of SE1/4, lying west of Clarkson Road and a portion of the SE1/4 of the NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at the  intersection of Spring Canyon Trail and Clarkson Road.

51.             No. 07PL115 - A request by Powderhorn LLC for a Layout Plat on Lots 1 and 2 of Powderhorn Subdivision, located in the SE1/4 NE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the unplatted portion of the SE1/4 NE1/4 north of Highway 44 and less Highway Lots, located in the SE1/4 NE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located at the northwest corner of the intersection of South Dakota E. Highway 44 and Radar Hill Road.

52.             No. 07PL117 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 9 thru 13 of Block 7, Lots 3 thru 13 of Block 8, Lots 9 thr 20 of Block 9 and Lots 5 thru 9 of Block 13, Red Rock Meadows Subdivision, lcoated in the NW1/4 of the NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NW1/4 of the NW1/4 less Lots 10 thru 21 of Block 2, Lot 49 of Block 3, Lots 17 thru 19 of Block 4, Lots 4 thru 6 of Block 6, Lots 1 thru 8 of Block 7, Lots 1 thru 2 of Block 8, Lots 1 thru 8 of Block 9, Lots 12A & 12B of Block 11, Lot 1 of Block 12, Lots 1 thru 4 of Block 13 and Drainage Lot all of Red Rock Meadows Subdivision, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Sahalee Court and Cog Hill Lane.

END OF CONSENT CALENDAR

Public Comment opened – Items 53 - 66

Public Comment closed

NON-CONSENT ITEMS – Items 53 - 66

ORDINANCES

53.             No. 07RZ065 - First Reading, Ordinance No. 5338, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Bob Fuchs for a Rezoning from General Commercial District to Central Business District on the South 50 feet of Lots 28 thru 32 of the Original Town of Rapid City, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 321 7th Street.

54.             No. 07RZ066 - First Reading, Ordinance No. 5339, 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 General Agriculture District to Low Density Residential District on a portion of the NW1/4 of the NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. More fully described as follows: Commencing at the northwesterly corner of Lot 1 of Block 13 of Red Rock Meadows Subdivision, common to a point on the southerly boundary of Lot 2 of Block 13 of Red Rock Meadows Subdivision, and the point of beginning; Thence, first course: S00º05’13”W, along the westerly boundary of said Lot 1 of Block 13, a distance of 114.01 feet, to the southwesterly corner of said Lot 1 of Block 13, common to a point on the northerly edge of right-of-way of Quiment Court; Thence, second course: S00º05’13”W, a distance of 49.00 feet, to the northwesterly corner of Lot 8 of Block 9 of Red Rock Meadows Subdivision, common to a point on the southerly edge of right-of-way of said Quiment Court; Thence, third course: S00º05’13”W, along the westerly boundary of said Lot 8 of Block 9, a distance of 114.00 feet, to the southwesterly corner of said Lot 8 of Block 9, common to the northwesterly corner of Lot 7 of Block 9 and the northeasterly corner of Lot 6 of Block 9, of Red Rock Meadows Subdivision; Thence, fourth course: N89º53’59”W, along the northerly boundary of said Lot 6 of Block 9, a distance of 164.43 feet, to the northwesterly corner of said Lot 6 of Block 9; Thence fifth course: S07º04’06”W, along the westerly boundary of said Lot 6 of Block 9, a distance of 36.08 feet, to the westerly corner of said Lot 6 of Block 9, common to the northwesterly corner of Lot 5 of Block 9 of Red Rock Meadows Subdivision; Thence sixth course: S06º56’51”W, along the westerly boundary of said Lot 5 of Block 9, a distance of 188.23 feet, to the southwesterly corner of said Lot 5 of Block 9, common to the northwesterly corner of Lot 4 of Block 9 of Red Rock Meadows Subdivision; Thence seventh course: S44º57’38”E, along the southwesterly boundary of said Lot 4 of Block 9, a distance of 139.64 feet, to the southerly corner of said Lot 4 of Block 9, common the westerly corner of Lot 2 of Block 9 of Red Rock Meadows Subdivision; Thence eighth course: S44º57’38”E, along the southwesterly boundary of said Lot 2 of Block 9, a distance of 30.36 feet, to the northerly corner of Lot 1 of Block 9 of Red Rock Meadows Subdivision, common to a point on the southwesterly boundary of said of Lot 2 of Block 9; Thence ninth course: S44º57’13”W, along the northwesterly boundary of said Lot 1 of Block 9, a distance of 113.99 feet, to the westerly corner of said Lot 1, common to a point on the northeasterly edge of right-of-way of Sahalee Court; Thence tenth course: S45º01’19”W, a distance of 49.00 feet, to the northerly corner of Lot 2 of Block 8 of Red Rock Meadows Subdivision, common to a point on the southwesterly edge of right of way of said Sahalee Court; Thence eleventh course: S45º01’19”W, along the northwesterly boundary of said Lot 2 of Block 8, a distance of 113.95 feet, to the westerly corner of said Lot 2 of Block 8, common to the northerly corner of Lot 1 of Block 8 of Red Rock Meadows Subdivision; Thence twelfth course: S45º01’19”W, along the northwesterly boundary of said Lot 1 of Block 8, a distance of 113.92 feet, to the westerly corner of said Lot 1 of Block 8, common to a point on the northeasterly edge of right-of-way of Seminole Lane; Thence thirteenth course: S45º00’47”W, a distance of 51.95 feet, to the northerly corner of Lot 2 of Block 7 of Red Rock Meadows Subdivision, common to a point on the southwesterly edge of right-of-way of said Seminole Lane; Thence fourteenth course: S45º00’33”W, along the northwesterly boundary of said Lot 2 of Block, 7 a distance of 114.01 feet, to the westerly corner of said Lot 2 of Block 9, common to the northerly corner of Lot 1 of Block 7 and the easterly corner of Lot 3 of Block 7 of Red Rock Meadows Subdivision; Thence fifteenth course: N45º02’25”W, along the northeasterly boundary of said Lot 3 of Block 7, a distance of 85.03 feet, to the northerly corner of said Lot 3 of Block 7, common to the easterly corner of Lot 4 of Block 7 of Red Rock Meadows Subdivision; Thence sixteenth course: N48º53’54”W, along the northeasterly boundary of said Lot 4 of Block 7, a distance of 94.13 feet, to the northerly corner of said Lot 4 of Block 7, common to the easterly corner of Lot 5 of Block 7 of Red Rock Meadows Subdivision; Thence seventh course: N58º07’08”W, along the northeasterly boundary of said Lot 5 of Block 7, a distance of 95.42 feet, to the northerly corner of said Lot 5 of Block 7, common to the northeasterly corner of Lot 6 of Block 7 of Red Rock Meadows Subdivision; Thence eighteenth course: N67º20’51”W, along the northerly boundary of said Lot 6 of Block 7, a distance of 95.34 feet, to the northwesterly corner of said Lot 6 of Block 7, common to the northeasterly corner of Lot 7 of Block 7 of Red Rock Meadows Subdivision; Thence nineteenth course: N76º39’21”W, along the northerly boundary of said Lot 7 of Block 7, a distance of 95.41 feet, to the northwesterly corner of said Lot 7 of Block 7, common to the northeasterly corner of Lot 8 of Block 7 of Red Rock Meadows Subdivision; Thence twentieth course: N00º35’32”E, a distance of 88.37 feet; Thence twenty-first course: N60º31’13”E, a distance of 187.73 feet; Thence twenty-second course: N55º04’24”E, a distance of 52.27 feet; Thence twenty-third course: N61º16’49”E, a distance of 139.05 feet; Thence twenty-fourth course: N07º39’20”W, a distance of 74.26 feet; Thence twenty-fifth course: N00º04’22”E, a distance of 83.08 feet; Thence twenty-sixth course: N28º49’20”E, a distance of 81.89 feet; Thence twenty-seventh course: N08º37’00”E, a distance of 280.11 feet; Thence twenty-eight course: S89 55’38”E, a distance of 438.85 feet; Thence twenty-ninth course: S89º52’45”E, a distance of 19.00 feet, to northwesterly corner of said Lot 1 of Block 13, common to a point on the southerly boundary of said Lot 2 of Block 13, and the point of beginning, located at the northern terminus of Sahalee Court.

55.             No. 07RZ067 - First Reading, Ordinance No. 5340, 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 Signature Development for a Rezoning from General Agriculture District to Low Density Residential District on a portion of the SW1/4 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. More fully described as follows: Commencing at the center-west-southeast 1/64 section corner of Section 22, T1N, R7E, BHM, common with the southwest corner of Lot 1 of  Block 2 of The Villaggio at Golden Eagle, and common with the northwest corner of the dedicated right-of-way of Golden Eagle Drive, and the Point of Beginning; Thence, first course: N26º45’22”W, a distance of 393.31 feet; Thence, second course: N61º38’29”E, a distance of 200.00 feet, to the northwesterly corner of Lot 4 of Block 2 of The Villaggio at Golden Eagle common to the southwesterly corner of Lot 5 of Block 2, of The Villaggio at Golden Eagle; Thence, third course: S00º08’13”E, along the westerly boundary of said Lot 4 of Block 2, a distance of 94.58 feet, to the southwest corner of said Lot 4 of Block 2, common with the northwest corner of Lot 3 of Block 2 of The Villaggio at Golden Eagle; Thence, fourth course: S00º08’13”E, along the westerly boundary of said Lot 3 of Block 2, a distance of 95.35 feet, to the southwest corner of said Lot 3 of Block 2, common with the northwest corner of Lot 2 of Block 2 of The Villaggio at Golden Eagle; Thence, fifth course: S00º08’13”E, along the westerly boundary of said Lot 2 of Block 2, a distance of 110.67 feet, to the southwest corner of said Lot 2 of Block 2, common with the northwest corner of Lot 1 of Block 2 of The Villaggio at Golden Eagle; Thence, sixth course:  S00º08’13”E, along the westerly boundary of said Lot 1 of Block 2, a distance of 145.60 feet, to the southwest corner of said Lot 1 of Block 2 of The Villaggio at Golden Eagle, and common with the northwest corner of the dedicated right-of-way of Golden Eagle Drive, and the Point of Beginning, located at 5617 Villaggio Lane.

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

56.             No. LF092607-10 – Approve Resolution to Amend the Non-Union Compensation Salary Plan to Establish the Position of Civic Center Assistant General Manager

57.             No. LF092607-12 – Approve Travel Request for Jim Cook and his wife to come to Rapid City for an interview from St. George, UT, in the approximate amount of $1,800

58.             Reschedule November 13, 2007 Public Works Committee meeting and November 14, 2007 Legal & Finance Committee meeting

PUBLIC WORKS COMMITTEE ITEMS

59.             Authorize the Mayor and Finance Officer to sign a Covenant Agreement with Good Guys, LLC as it relates to water and sewer lines crossing Tract 2 of Tuscany Square located at 333 Omaha Street

60.             No. 07EX094 - Appeal denial for an exception to Section 7.2 of the Street Design Criteria Manual, to allow reduced visitor parking from 49 to 37 parking stalls for LaVilla Vista Townhomes, Bob Brandt

61.             No. PW092507-12 – Authorize the Mayor and Finance Officer to sign a contract with Heavy Constructors for utilities reconstruction in connection with the construction and improvement of a portion of SD Highway 44 southeast from Long View Road Project No. SSW05-1469 / PCN X00E for an amount not to exceed $198,790.00

62.             No. PW092507-20 - Approve an allocation up to $1,000,000 from the .16 Utility Fund for the construction of a booster station, 750,000 gallon water reservoir, telemetry, and 12” water main extending from the reservoir to St. Martin’s Drive; with the intent that project be considered for incorporation into a bond sale as a potential means of repayment. 

63.             1517 Seventh Street sanitary sewer discussion

BIDS

64.             No. CC100107-02 – Catron Boulevard Sanitary Sewer Main Extension Project No. SS06-1635 / CIP No. 50671

65.             No. CC100107-02 - Canyon Lake Drive City Sidewalk 2007 Project No. ST07-1667 / CIP No. 50691 (opened September 25, 2007)

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

66.             Vision 2012 Update, Public Works Director Jablonski

APPEALS

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 67 - 113

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

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 67 - 88

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

Continue the following items until October 15, 2007:

67.             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.

68.             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.

69.             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.

70.             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.

71.             No. 07CA042 - A request by FMG, Inc. for Good Samaritan Society for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by eliminating collector streets on Sections 29 and 30, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of S.D. Highway 79 (Sturgis Road) and south of Hidden Valley Road.

72.             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.

73.             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.

74.             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.

75.             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.

76.             No. 07PL107 - A request by FourFront Design, Inc. for Moyle Petroleum Company for a Preliminary Plat on Lots 1 and 2 of South Yard Subdivision, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, less Lot H5 (formerly lots 8 thru 10 of Swander's Addition), Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 79 and Minnesota Street.

77.             No. 07PL108 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 4 of Block 1 of Heartland Retail Center, Section 27 and 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the S1/2 of the SW1/4 of Section 27, and a portion of the N1/2 of the NW1/4 of Section 34, located in the S1/2 of the SW1/4, Section 27, and the N1/2 of the NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Cheyenne Boulevard.

78.             No. 07PL116 - A request by Sperlich Consulting, Inc. for James Letner for a Layout Plat on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Creek Drive and East St. Patrick Street.

79.             No. 07RZ064 – Second Reading, Ordinance No. 5337, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by FMG, Inc. for Good Samaritan Society for a Rezoning from General Agriculture to Medium Density Residential on the SE1/4 SW1/4 and SW1/4 SE1/4 and NE1/4 SE1/4 and NW1/4 SE1/4, and SW1/4 NE1/4 and less Lot A of W1/2 SE1/4, Sections 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of S.D. Highway 79 (Sturgis Road) and south of Hidden Valley Road. 

80.             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.

81.             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.

82.             No. 07SV048 - A request by FourFront Design, Inc. for Moyle Petroleum Company for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water, sewer, street light conduit and sidewalk on the rearage road and a variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water, sewer, street light conduit and sidewalk on Minnesota Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of South Yard Subdivision, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, less Lot H5 (formerly lots 8 thru 10 of Swander's Addition), Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 79 and Minnesota Street.

83.             No. 07SV050 - A request by Sperlich Consulting, Inc. for James Letner for a Variance to the Subdivision Regulations to waive the requirement to dedicate 10 additional feet of right-of-way and provide a planting screen easement along E. St. Patrick Street; to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, to dedicate 17 feet of right-of-way and provide a planting screen easement along Creek Drive; and to install sidewalk along the south side of  E. St. Charles Street as per Chapter 16 of the Rapid City Municipal Code on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Creek Drive and East St. Patrick Street.

84.             No. 07VE028 - A request by Renner & Associates for West River Electric Assn. for a Vacation of Non-Access Easement on Lot WR of the NE1/4 NE1/4, Section 15 T1N, R8E, BHM, Pennington County, South Dakota, located at 3383 Reservoir Road.

85.             No. 07VE029 - A request by Sperlich Consulting, Inc. for Dean Kelly Construction for a Vacation of Access Easement on Lot 8R of Flannery Subdivision No. 2, located in the NW1/4 of the NE1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4944 Ireland Place.

86.             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.

87.             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.

Continue the following items until November 5, 2007:

88.             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 67 – 113

CONSENT PUBLIC HEARING ITEMS – Item 89 - 94

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

89.             Wal-East Development, Inc. dba Jackpot Casino II, 685 LaCrosse Street, Suite C for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from Hotel Management Co., Inc. dba Hotel Alex Johnson, 523 Sixth Street

90.             Hotel Management Co., Inc. dba Hotel Alex Johnson, 523 Sixth Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

91.             Laural A. Hawkins dba RAXX Billiards, 2310 N. Maple Avenue for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

92.             Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled October 9, 2007 at Dakota Radiology, 2929 Fifth Street, Suite 100

93.             Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled October 25, 2007 at Black Hills Homebuilders Association, 3121 West Chicago Street

94.             Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled November 13, 2007 at Knights LLC, 910 Fifth Street

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 95 - 113

95.             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.

96.             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.

97.             No. 07CA037 - 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 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.

98.             No. 07CA038 - 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 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.

99.             No. 07CA039 - 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 II 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.

100.         No. 07CA040 - A request by Sperlich Consulting, Inc. for Williams & Associates Architecture, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Medium Density Residential to Office Commercial on Lot 33R of Block 18 of Robbinsdale Addition 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.

101.         No. 07CA041 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to revise the Rapid City Area 2030 Long Range Transportation Plan.

102.         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.

103.         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.

104.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, water, sewer and street light conduit along South Dakota Highway 44 and Radar Hill Road, and to waive the requirement to install additional pavement along Radar Hill Road as they abut the unplatted portion of the SE1/4 NE1/4 north of Highway 44 and less Highway Lots, located in the SE1/4 NE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located at the northwest corner of the intersection of South Dakota E. Highway 44 and Radar Hill Road.  (07SV049)

105.         No. 07SV049 - A request by Powderhorn LLC for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along South Dakota Highway 44 and Radar Hill Road as per Chapter 16 of the Rapid City Municipal Code on Lots 1 and 2 of Powderhorn Subdivision, located in the SE1/4 NE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the unplatted portion of the SE1/4 NE1/4 north of Highway 44 and less Highway Lots, located in the SE1/4 NE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located at the northwest corner of the intersection of South Dakota E. Highway 44 and Radar Hill Road.

106.         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 along the west side of Jolly Lane at the north end between Jolly Lane cul-de-sac and curve in Elk Vale Road.

107.          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.

108.         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.

109.         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.

110.         No. 07RZ059 - Second 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.

111.         No. 07RZ060 - Second 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.

112.         No. 07RZ061 - Second 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.

113.         No. 07RZ063 - Second 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 Addition 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.

BILLS

114.         No. CC100107-01 Bill List for October 1, 2007

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN