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

October 15 , 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 for October 1, 2007

AWARDS AND RECOGNITIONS

1.                  Veteran for the Month of October, 2007

2.                  Employee Recognitions and Awards for October, 2007

GENERAL PUBLIC COMMENT

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

NON-PUBLIC HEARING ITEMS -- Items 3 - 62

Public Comment opened – Items 3 - 43

Public Comment closed

CONSENT ITEMS – Items 3 - 43

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 (November 5, 2007)

3.                  Friends of the Rapid City Public Library for a special Wine License for an event scheduled November 15, 2007 at the Rapid City Public Library, 610 Quincy Street

4.                  Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled November 15, 2007 at the First Western Bank, 333 West Blvd., Ste. 100

5.                  Orris Enterprises, Inc. dba Vino 100, 520 Seventh Street, Suite 520 for a Retail (On-Off Sale) Malt Beverage License (No Sunday Operation)

6.                  Carolyn’s Casinos, Inc. dba Carolyn’s Too, 1141 Deadwood Avenue, Suite 2 for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from Kelly’s Sports Lounge, Inc. dba Kelly’s Sport Lounge, 825 Jackson Blvd.

Public Works Committee Consent Items

7.                  No. PW092507-01 – Acknowledge the report on the Rapid City Performing Arts Design Study

8.                  No. PW081407-04 – Acknowledge and accept the report on the Pavement Management System; and request that an alphabetical listing of the streets be included in the information available on the City’s website

9.                  No. PW100907-01 - Acknowledge the report on Tax Increment Financing Guidelines regarding public meeting and hearing dates scheduled

10.             Acknowledge the report on staff discussions regarding parking and access at Star of the West Sports Complex

11.             No. PW100907-02 – Approve Change Order No. 2F for Well No. 8 Pump Replacement Project No. W07-1644 / CIP No. 50677 to Weston Engineering, Inc. for an increase of $815.31

12.             No. PW100907-03 – Authorize the Mayor and Finance Officer to sign a Sewer Construction Fee Resolution for the Red Rocks Estates Sanitary Sewer Lift Station

13.             No. PW100907-04 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Red Rock Estates

14.             No. PW100907-05 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Minnesota Ridge

15.             No. PW100907-06 - Authorize the Mayor and Finance Officer to sign a Sewer Construction Fee Resolution for Sheridan Lake Road Sewer

16.             No. PW100907-07 – Authorize the Mayor and Finance Officer to sign a Memorandum of Understanding for 2007-2008 Snow Plow Exchange Routes

17.             No. PW100907-08 – Authorize the Mayor and Finance Officer to sign Amendment No. 2 to the Professional Services Agreement between the City of Rapid City and FourFront / enVision Design and HDR Engineering, Inc. for Red Rock Water Storage Reservoir, Project No. W02-1184 / CIP #50284 for an amount not to exceed $31,470.00

18.             No. 07VE030 - Section 31, T2N, R8E – Approve a Vacation of a portion of an access easement and utility easement for petitioner Sperlich Consulting, Inc. for A & B Welding Supply Company on Lots 2 and 3 of Tract C, located in the SE1/4 of the SE1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 914 E. Chicago Street and 230 Cherry Avenue

19.             No. 07VE031 - Red Rock Estates – Appove with stipulations, a Vacation of Minor Drainage and Utility Easement for petitioner Geiger Architecture and Davis Engineering for Jeremy Walla on Lots 3 and 4 of Block 15 of Red Rock Estates Subdivision, located in the NW1/4 NE1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 6438 and 6408 Prestwick Road

20.             No. 07TP022 – Approve the 2008 Unified Planning Work Program Draft Report

Legal & Finance Committee Consent Items

21.             Confirm appointment of Sam Kooiker, Deb Hadcock, Tom Johnson, Bill Okrepkie, Ron Kroeger, Mike Derby, Jim Kjerstad, and Tony Dupont to the Annexation Committee. 

22.             Refer South Creek Apartment Drainage Report to the November 27, 2007, Public Works Committee meeting. 

23.             No. LF101007-01 – Acknowledge Capital Improvements Program Committee monthly update for September 2007. 

24.             No. LF101007-02 – Approve 2007 Capital Plan for Streets, Drainage and MIP Projects for September, 2007. 

25.             No. LF101007-03 – Approve the Elk Vale Road Improvements (north of Interstate 90); funding from the 8910 Program of the FY2007 Streets, Drainage, and MIP Projects; and private donations of $200,000 from developers Bradsky and Tlustos. 

26.             No. LF101007-04 – Approve funding from 2007 Sports Facility Partnership Fund for Harney Little League Fence Relocation for $9,000 and American Legion Post 320 Stadium Upgrade for $20,838.25. 

27.             Request staff to prepare some global information addressing right of way issues in the City and bring that information to the November 28, 2007, Legal and Finance Committee meeting. 

28.             No. LF101007-06 – Approve Travel Request for Steve Allender, command staff, and department representatives to attend annual goals meeting at the Rushmore Plaza Civic Center January 16-18, 2008, in the approximate amount of $500. 

29.             Acknowledge the report regarding the emergency replacement of the motor in engine 1. 

30.             No. LF101007-07 - Authorize Mayor and Finance Officer to sign Amendment #1 to State of South Dakota Historical Preservation Allocation Award for Preservation Project SD-07-21 in the amount of $3,500 for the purchase of educational and promotional materials. 

31.             No. 07TP023 – Authorize staff to advertise Requests for Proposals for the 2009-2013 Transit Development Plan; and approve the use of Growth Management Budget Personnel funds to provide the required local match funding. 

32.             No. 07TP024 – Approve Amendment to the 2007 Unified Planning Work Program. 

33.             No. LF101007-08 – Approve Resolution Fixing Time and Place for Hearing on November 5, 2007 for Assessment Roll for Property Cleanup. 

34.             No. LF101007-09 – Authorize Mayor and Finance Officer to sign Contract for Wellness Screening Services between Rapid City Regional Hospital, Inc. and the City of Rapid City. 

35.             Acknowledge the following volunteers for purposes of workers compensation insurance coverage:  Candy Hamilton, Robin Yang, Ruby Yang. 

36.             No. LF101007-10 – Authorize Mayor and Finance Officer to sign Agreement with Wright Express Account Application. 

37.             No. LF101007-11 – Authorize Mayor and Finance Officer to sign Memorandum of Agreement between the City of Rapid City and Kiwanis-Mary Hall Park Committee, Inc. 

38.             No. LF101007-12 – Authorize Mayor and Finance Officer to sign Agreement with Black Hills Power for a PAL Light in Centennial Park. 

39.             No. LF101007-18 – Acknowledge raffle request from Western Dakota Technical Institute

40.             No. LF101007-19 – Authorize Mayor and Finance Officer to sign Covenant Agreement between City of Rapid City and Nancy I. Bradsky and Mark S. Bradsky. 

Growth Management Department Consent Items

41.             No. 07AN005 - A request by Alan Thornburg for a Petition for Annexation on Lot 1A and 2A, located in the SE1/4 of NW1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5406 Old Folsom Road.

42.             No. 07PL119 - A request by CETEC Engineering Services, Inc. for James Gavach and Kimberly Solomon-Gavach for a Preliminary Plat on Lot 1R of Block 1 of Park Hill Subdivision, Lots 1AR and 2AR of Park Meadows Subdivision, located in the NW1/4 SE1/4 and the NE1/4 SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 1 of Park Hill Subdivision, Lots 1A and 2A of Block 1 of Park Meadows Subdivision, located in the NW1/4  SE1/4 and the NE1/4 SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Smith Avenue and E. Oakland Street.

43.             No. 07PL120 - A request by Kadrmas, Lee & Jackson, Suite 500 for a Layout Plat on Lot 1 of Lot A of Lot 5R of Meridian Subdivison, located in the SW1/4 of the SE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Lot 5R of Meridian Subdivision, located in the SW1/4 of the SE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1200 North LaCrosse Street.

END OF CONSENT CALENDAR

Public Comment opened – Items 44 - 62

Public Comment closed

NON-CONSENT ITEMS – Items 44 - 62

ORDINANCES

44.             No. 07RZ068 - First Reading, Ordinance No. 5341, 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 S1/2 SE1/4 of Section 22 and the N1/2 NE1/4 of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Commencing at the East ¼ 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 ¼ 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 ¼ LS 6014, located west of the intersection of Reservoir Road and Southside Drive.

45.             No. 07RZ069 - First Reading, Ordinance No. 5342, 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 Light Industrial District on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot 7 of Marlin Industrial Park, common to a point on the southerly edge of right-of-way of Marlin Drive, and the point of beginning; Thence, first course: curving to the left, along the southerly edge of right-of-way of Marlin Drive, on a curve with a radius of 3029.50 feet, a delta angle of 04º14’59”, a length of 224.71 feet, a chord bearing of N83º40’14”E, and chord distance of 224.66 feet; Thence, second course: curving to the left, along the southerly edge of right-of-way of Marlin Drive, on a curve with a radius of 3029.50 feet, a delta angle of 03º28’44”, a length of 183.94 feet, a chord bearing of N79º50’28”E, and chord distance of 183.91 feet; Thence, third course: N78º01’12”E, along the southerly edge of right-of-way of Marlin drive, a distance of 35.62 feet, to a point on the southwesterly edge of right-of-way, common to Creek Drive and Marlin Drive; Thence, fourth course: S57º55’55”E, along the southwesterly corner of right-of-way, common to Creek Drive and Marlin Drive, a distance of 14.37 feet, to a corner on the southwesterly corner of right-of-way, common to Creek Drive and Marlin Drive; Thence fifth course: curving to the left, along the easterly edge of right-of-way of Creek Drive, on a curve with a radius of 1050.00 feet, a delta angle of 09º12’13”, a length of 168.67 feet, a chord bearing of S18º41’12”E, and chord distance of 168.49 feet, to the southwesterly corner of Creek Drive right-of-way; Thence sixth course: curving to the left,  on a curve with a radius of 1050.00 feet, a delta angle of 04º59’11”, a length of 91.38 feet, a chord bearing of S26º40’08”E, and chord distance of 91.35 feet; Thence seventh course: S59º21’27”W, a distance of 311.70 feet; Thence eighth course: S08º26’21”E, a distance of 234.61 feet, to a point on the section 1/16 line; Thence ninth course: N89º57’12”W, along the along the section 1/16 line, a distance of 313.29 feet, to the southeasterly corner of said Lot 7; Thence tenth course: N00º04’38”E, along the easterly boundary of said Lot 7, a distance of 574.90 feet, to the northeasterly corner of said Lot 7, common to a point on the southerly edge of Marlin Drive right-of-way, and the point of beginning, located southwest of the intersection of Creek Drive and Marlin Drive.

46.             No. 07RZ070 - First Reading, Ordinance No. 5343, 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 Office Commercial District on a portion of the NW1/4 of the NE1/4,  Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of right-of-way of Marlin Drive, and the point of beginning; Thence, first course: N78º03’21”E, a distance of 144.56 feet; Thence, second course: S26º55’33”E, a distance of 148.85 feet; Thence, third course: S57º01’35”W, a distance of 309.36 feet; Thence fourth course: curving to the right, on a curve with a radius of 950.00 feet, a delta angle of 06º06’27”, a length of 101.27 feet, a chord bearing of N27º47’45”W, and chord distance of 101.22 feet, to the southeasterly corner of Creek Drive right-of-way; Thence fifth course: curving to the right, along the easterly edge of right-of-way of Creek Drive, on a curve with a radius of 950.00 feet, a delta angle of 08º57’56”, a length of 148.65 feet, a chord bearing of N18º46’50”W, and chord distance of 148.50 feet, to a corner on the southeasterly corner of right-of-way, common to Creek Drive and Marlin Drive; Thence sixth course: N32º18’49”E, along the southeasterly corner of right-of-way, common to Creek Drive and Marlin Drive, a distance of 13.93 feet, to a corner on the southeasterly corner of right-of-way, common to Creek Drive and Marlin Drive; Thence seventh course: N78º03’10”E, along the southerly edge of right-of-way of Marlin Drive, a distance of 141.32 feet, to southeasterly corner of right-of-way of Marlin Drive, and the point of beginning, located southeast of the intersection of Creek Drive and Marlin Drive.

47.             No. 07RZ071 - First Reading, Ordinance No. 5344, 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 General Commercial District on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Thence, first course: curving to the left, along the southerly edge of right-of-way of Elk Vale Road, on a curve with a radius of 3014.79 feet, a delta angle of 05º37’41”, a length of 296.14 feet, a chord bearing of N79º40’48”E, and chord distance of 296.02 feet; Thence, second course: S12º45’42”E, a distance of 232.71 feet; Thence, third course: S12º45’33”E, a distance of 238.60 feet; Thence, fourth course: curving to the right, on a curve with a radius of 3470.50 feet, a delta angle of 00º49’29”, a length of 49.96 feet, a chord bearing of S77º40’01”W, and chord distance of 49.96 feet; Thence fifth course: S78º04’09”W, a distance of 144.68 feet, to the northeasterly corner of right-of-way of Marlin Drive; Thence sixth course: S78º05’50”W, along the northerly edge of right-of-way of Marlin Drive a distance of 141.31 feet, to a corner on the northeasterly corner of right-of-way, common to Creek Drive and Marlin Drive; Thence seventh course: N56º01’32”W, along the northeasterly corner of right-of-way, common to Creek Drive and Marlin Drive, a distance of 13.86 feet, to a corner on the northeasterly corner of right-of-way, common to Creek Drive and Marlin Drive; Thence eighth course: curving to the right, along the easterly edge of right-of-way of Creek Drive, on a curve with a radius of 950.00 feet, a delta angle of 02º58’30”, a length of 49.33 feet, a chord bearing of N08º03’02”W, and chord distance of 49.32 feet; Thence ninth course: N06º34’05”W, along the easterly edge of right-of-way of Creek Drive, a distance of 178.48 feet; Thence tenth course: N06º33’37”W, along the easterly edge of right-of-way of Creek Drive, a distance of 244.07 feet, the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning, located northeast of the intersection of Creek Drive and Marlin Drive.

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

48.             No. LF091207-05 – Approve Resolution to Establish Funding for City of Rapid City Healthcare Plan by Setting Rates for Retiree and COBRA Participants (continued from September 17, 2007 Council proceedings)

49.             No. LF091207-06 – Approve Resolution to Establish Funding for City of Rapid City Healthcare Plan (continued from September 17, 2007 Council proceedings)

50.             Authorize Mayor and Finance Officer to sign Amended Agreement between City of Rapid City and Cabela’s Retail, Inc.

51.             Authorize Mayor and Finance Officer to sign Developer’s Agreement for Tax Increment District No. 64

52.             Authorize Mayor and Finance Officer to sign Consent to Assignment of Tax Increment Proceeds from Cabela’s Retail, Inc. to Rapid City Economic Development Foundation

53.             Report on options for addressing water/sewer issues

PUBLIC WORKS COMMITTEE ITEMS

54.             No. 07EX083 - Appeal denial for an exception to Detail 9-12 of the Standard Specifications for Public Works Construction, 2004 Edition for Proposed Tract 2 of Tuscany Square, Bob Brandt (continued from September 17, 2007 Council proceedings)

55.             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 (continued from September 17, October 1, 2007 Council proceedings)

56.             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

BIDS

57.             No. CC101507-02 – Two (2) Fork Lifts for Solid Waste Material Recovery Facility (opened October 9, 2007)

58.             No. CC101507-02 – One (1) Front End Loader for Solid Waste Material Recovery Facility (opened October 9, 2007)

59.             No. CC101507-02 – Two (2) Semi Tractors and Two (2) Rolling Floor Trailers for Solid Waste Material Recovery Facility (opened October 9, 2007)

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

60.             National Summit on Your City’s Families Conference Report, Alderman LaCroix

61.             15th Annual Leadership Summit Report, Alderman Chapman

62.             Update on city/county library contract, Alderman Kooiker

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

APPEALS

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 63 - 103

Open Public Hearing (comment) -- Items 63 – 103

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 63 - 93

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

Continue the following items until November 5, 2007:

63.             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.

64.             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.

65.             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.

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

67.             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.

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

69.             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.

70.             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.

71.             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.

72.             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 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.

73.             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.

74.             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.

75.             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.

76.             No. 07PL118 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Pacific Steel and Recycling for a Preliminary Plat on a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27, more fully described as follows: Beginning at the southwest corner of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “RW FISK 6565”; thence, northerly along the westerly edge of said Lot A of Biernbaum Subdivision and along the easterly edge of Highway 79 right-of-way, N00º01’09”W, a distance of 225.01 feet more or less, to an angle point of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “LS4208” and said corner being coincident with the southwesterly corner of Lot B of Biernbaum Subdivision, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27; thence, easterly along the northerly edge of said Lot A of Biernbaum Subdivision and along the southerly edge of Lot B of Biernbaum Subdivision, N89º51’25”E, a distance of 206.31 feet more or less, to a point on the westerly edge of Amended Lot H2 of Lot A of Biernbaum Subdivision, as shown in the plat filed April 8, 2003 and recorded in Book 10 of Highway Plats on Page 111, said point being marked by a rebar with survey cap “LS 6119”; thence, southerly along the westerly edge of said Amended Lot H2 of Lot A of Biernbaum Subdivision, S00º05’02”W, a distance of 225.68 feet more or less, to the south line of said Lot A of Biernbaum Subdivision, also being the southwest corner of said Amended Lot H2 of Lot A of Biernbaum Subdivision, said corner being marked by a “SDDOT Monument”; thence, westerly along the southerly line of said Lot A of Biernbaum Subdivision, N89º57’30”W, a distance of 205.90 feet more or less, to the point of beginning, located at 4280 South Highway 79.

77.             No. 07PL121 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1A, 2A and 2B, Block 2, formerly Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, the vacated portion of Rapp Street and the south half of the vacated alley, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Eglin Street and Rapp Street.

78.             No. 07PL122 - A request by Paul Lindstrom for a Layout Plat on Lots 2A and 2B of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1810 Rand Road.

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

80.             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.

81.             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.

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

83.             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.

84.             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 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.

85.             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.

86.             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.

87.             No. 07SV051 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Pacific Steel and Recycling for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, additional pavement or additional extension of water or sewer main in any adjoining right-of-way, and the requirement to dedicate additional right-of-way on a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27, more fully described as follows: Beginning at the southwest corner of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “RW FISK 6565”; thence, northerly along the westerly edge of said Lot A of Biernbaum Subdivision and along the easterly edge of Highway 79 right-of-way, N00º01’09”W, a distance of 225.01 feet more or less, to an angle point of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “LS4208” and said corner being coincident with the southwesterly corner of Lot B of Biernbaum Subdivision, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27; thence, easterly along the northerly edge of said Lot A of Biernbaum Subdivision and along the southerly edge of Lot B of Biernbaum Subdivision, N89º51’25”E, a distance of 206.31 feet more or less, to a point on the westerly edge of Amended Lot H2 of Lot A of Biernbaum Subdivision, as shown in the plat filed April 8, 2003 and recorded in Book 10 of Highway Plats on Page 111, said point being marked by a rebar with survey cap “LS 6119”; thence, southerly along the westerly edge of said Amended Lot H2 of Lot A of Biernbaum Subdivision, S00º05’02”W, a distance of 225.68 feet more or less, to the south line of said Lot A of Biernbaum Subdivision, also being the southwest corner of said Amended Lot H2 of Lot A of Biernbaum Subdivision, said corner being marked by a “SDDOT Monument”; thence, westerly along the southerly line of said Lot A of Biernbaum Subdivision, N89º57’30”W, a distance of 205.90 feet more or less, to the point of beginning, located at 4280 South Highway 79.

88.             No. 07SV052 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk on both sides of street, water, sewer, curb, gutter, street light conduit, pavement and to reduce Right-of-Way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1A, 2A and 2B, Block 2, formerly Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, the vacated portion of Rapp Street and the south half of the vacated alley, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Eglin Street and Rapp Street.

89.             No. 07SV053 - A request by Paul Lindstrom for a Variance to the Subdivision Regulations to waive the requirement to install, curb, gutter, and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2A and 2B of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1810 Rand Road.

90.             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.

91.             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.

Continue the following items until November 19, 2007:

92.             No. 07RZ065 - Second 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.

Continue the following items until December 17, 2007:

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

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 63 – 103

CONSENT PUBLIC HEARING ITEMS – Item 94 - 96

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

94.             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

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

ASSESSMENT ROLLS

96.             No. PW091107-14 – Resolution Levying Assessment for Clark Street Sanitary Sewer Extension Project No. SS05-1480

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 97 - 103

97.             No. 07CA043 - A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to incorporate the City of Rapid City's Parks and Recreation Plan

98.             No. 07CA044 - A request by Sperlich Consulting, Inc. for Signature Development for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Planned Residential Development with a maximum density of one dwelling unit per acre to a Planned Residential Development with a maximum density of four dwellling units per acre 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.

99.             No. 07CA045 – A request by Bryan Gonzalez to consider an application for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan to relocate a collector street and eliminate a collector street on the north 327.2 feet of the N1/2 of the SE1/4 lying west of I90 Right-of-way, excepting therefrom the W1/2 of the NW1/4 of the SE1/4, and less North Boulevard Addition, located in the unplatted (9779); and, the east 670 feet of the south 30 feet of the SW1/4 NE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1400 East Philadelphia Street, more generally described as being located south of Philadelphia Street and west of West Boulevard.

100.         No. 07FV007 - A request by Steve Storm to consider an application for a Fence Height Exception to allow a six foot high fence in a front yard setback on Lots 21 thru 23 of Block 2 of Millard Subdivision, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 50 College Avenue.

101.         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.

102.         No. 07RZ066 - Second 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.

103.         No. 07RZ067 - Second 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.

BILLS

104.         No. CC101507-01 Bill List for October 15, 2007

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN