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

November 5 , 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 15, 2007

AWARDS AND RECOGNITIONS

GENERAL PUBLIC COMMENT

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

NON-PUBLIC HEARING ITEMS -- Items 1 - 91

Public Comment opened – Items 1 - 68

Public Comment closed

CONSENT ITEMS – Items 1 - 68

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 (NONE)

Public Works Committee Consent Items

1.                  No. PW103007- 01 - Approve the installation of two additional stop signs, for a 4-way stop, at St. Charles Street and West Boulevard

2.                  No. PW103007-03 – Approve Change Order No. 1F for Miscellaneous Improvements Project 2007 Project No. MIP07-1612 / CIP NO. 50298 to Tru-Form Construction, Inc. for an increase of $4,062.50

3.                  No. PW103007-04 – Authorize staff to advertise for bids for Mall Drive Water Transmission Main Project No. W04-1260 / CIP #50344

4.                  No. PW103007-05 – Authorize the Mayor and Finance Officer to sign Right-Of-Way Agreement with the South Dakota Department of Transportation for East Mall Drive Connection (Lacrosse Street to E. North Street) Project No. ST06-1334b / CIP #50521 / EM1608(3), PCN 012F

5.                  No. PW103007-06 – Authorize the Mayor and Finance Officer to sign an agreement with Red Rock Development Company for Section Line Water Construction Fee

6.                  No. PW103007-07 – Authorize the Mayor and Finance Officer to sign an agreement with DKEA, L.L.C. concerning Dunsmore Road Water Construction Fee

7.                  No. PW103007-08 – Authorize the Mayor and Finance Officer to sign an agreement with DKEA, L.L.C. concerning Dunsmore Road Sewer Construction Fee

8.                  No. PW103007-09 – Authorize the Mayor and Finance Officer to sign Red Rock Estates Section Line Water Construction Fee Resolution

9.                  No. PW103007-10 – Authorize the Mayor and Finance Officer to sign Red Rock Meadows, Dunsmore Road Sewer Construction Fee Resolution

10.             No. PW103007-11 – Authorize the Mayor and Finance Officer to sign Red Rock Meadows, Dunsmore Road Water Construction Fee Resolution

11.             No. PW103007-12 – Authorize the Mayor and Finance Officer to sign Deadwood Avenue and Pool Drive Water Main Water Construction Fee Resolution

12.             No. PW103007-13 – Authorize the Mayor and Finance Officer to sign Deadwood Avenue Water Main Extension Water Construction Fee Resolution

13.             No. PW103007-15 – Approve a Resolution Fixing Time and Place for Hearing for Block 12 - Millard Addition Sanitary Sewer Extension Project No. SS06-1625 (Van Buren Street North between Halley and Blaine Avenues) Assessment Roll for December 3, 2007

14.             No. PW103007-16 – Approve a Resolution Fixing Time and Place for Hearing for Sidewalks Improvements Project No. SWK07-1611 Assessment Roll for December 3, 2007

15.             No. PW103007-17 – Accept the Elk Vale Low Level Reservoir and Elk Vale High Level Reservoir Preliminary Engineering Report by Advanced Engineering and Environmental Services, Inc. dated October 2007

16.             No. PW103007-18 – Authorize staff to proceed with the Elk Vale Low Level Reservoir project

17.             No. PW103007-20 – Approve the purchase of one (1) Chevrolet Impala, 4-door sedan under State Contract Item #7, Contract #15274 with Beck Motors for a cost of $15,941.00 for the Engineering Division

18.             No. PW103007-27 - Authorize the Mayor and Finance Officer to sign an agreement with the Department of Military and Veterans Affairs for abandonment of a water main

19.             No. PW103007-22 – Approve the purchase one (1) Chevrolet Impala, 4-door sedan under State Contract Item #7, Contract #15274 with Beck Motors for a cost of $15,941.00 for the Street Division

20.             No. PW103007-28 - Acknowledge the report, on the Parkland / School land dedication, that indicates a recommendation is forthcoming from the Planning Commission

21.             No. 07EX105 – Reverse the denial and grant an exception to waive the requirement for a second access for 71 dwelling units regarding the propose Lot 8 of Block 4, Clarkson Subdivision. (File No. 07PL114); to allow more than 40 dwelling units with one point of access

22.             No. 07EX110 – Grant an exception to Section 8.2 Design Criteria, of the City of Rapid City Street Design Manual, to allow an alternate driveway approach separation which is less than the required minimum separation distance for the West 250’ of Lot 2, Hansen Heights Addition, Section 6, T1N, R8E, located at 320 East Saint Patrick Street

23.             No. 07TP025 – Approve the Coordinated Public Transit-Human Service Transportation Plan – Final Report

24.             No. 07TP028 – Approve the 2008 Unified Planning Work Program – Final Report

25.             No. 07TP030 – Approve the 2008–2012 Transportation Improvement Program Amendment No. 08-001

26.             No. PW103007-24 – Authorize the Mayor and Finance Officer to sign an agreement with Capital Development Inc. for the relocation of Philadelphia Street adjacent to the proposed Lavilla Vista Development (07VR011)

27.             No. 07RD004 - Deny a request by Founders Park, LLC to consider an application for a Resolution renaming that portion of 12th Street and North 12th Street to Founders Park Drive on Tract 17, Less Lot H1, Tract 18 and the Vacated West Street  adjacent to Tract 18, and Tract 18B all in Rapid City Greenway Tract, and Lot 29 thru 31 of Block 2, Less Lots H1 of Riverside Addition, all located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 12th Street and North12th Street

28.             No. 07RD006 – Approve a request by City of Rapid City to consider an application for a Resolution for a Road Name Change from Farnwood Avenue to Eglin Street on Plat of Lot H1 of Lot M, Plat of Lot H1 of Lot 1, Block 2, Rapps Addition, Plat of Lot H1 of Lot 2, Block 2, Rapps Addition, located in the NW1/4SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota and Plat of Lot H2 of Lot K-4 Less Lot H1 of Marshall Heights Tract and half of the vacated portions of Rapp Street located in the NE1/4SW1/4, Section 30 T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northeast of the intersection of North LaCrosse Street and Rapp Street

29.             No. 07VE032 - Approve with stipulations, a request by Dream Design International, Inc. to consider an application for a Vacation of Non-Access Easement on Lots 1 and 2 of Forefather Flats Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of East Mall Drive and north of Interstate 90.  41 and 44

30.             No. 07VE034 - Deny a request by James Taylor to consider an application for a Vacation of a portion of a Major Drainage Easement on Lot 2 of RTA Addition, located in the NW1/4 of the NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 222 Cambell Street

31.             No. 07VE035 - Approve with stipulations, a request by Sperlich Consulting, Inc. for Aaron Klapkin to consider an application for a Vacation of a portion of a Non-Access Easement on Lot A of Lot 27 of Block 1 of Elks Country Estates, located in the E1/2, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located 3911 Jolly Lane

32.             No. 07VE037 - Approve with stipulations, a request by Dream Design International, Inc. to consider an application for a Vacation of Access and Utility Easement on Lots 1 and 2 of Forefather Flats Subdivision, located in the NE1/4 of the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of East Mall Drive and north of Interstate 90

33.             No. PW103007-25 – Approve additional funding in the amount of $890.72 for the Swim Center Sound and Paging System Contract with KT Connections

34.             No. PW103007-26 – Authorize the Mayor and Finance Officer to sign a Permanent Utility Easement with Qwest

Legal & Finance Committee Consent Items

35.             Request the Community Development Division to continue to work with the residents of the East Brooke Mobile Home Park to attempt to meet their needs

36.             No. LF103107-28 – Approve a request to authorize the Mayor and Finance Officer to sign the Annexation Application to annex the DE Lot as submitted by Kale R. McNaboe, P.E. of Sperlich Consulting, Inc

37.             No. LF103107-29 - Confirm appointment of Planning Commission Alternate Frank Etter to the IDPF/.16 Committee

38.             No. LF103107-02 – Acknowledge Capital Improvements Program Committee monthly update for October, 2007

39.             No. LF103107-03 – Approve the Capital Plan for Streets, Drainage, MIP Projects for October, 2007

40.             Approve $100,000 annually for only FY2008 and FY 2009 for affordable housing

41.             No. LF103107-04 – Approve the Government Buildings Five Year Plan for 2009 – 2012

42.             No. LF103107-05 – Approve the Reallocation of Funds in the Amount of $163,674 for the Master Plan Development and Construction of the Parkview South Project

43.             No. LF103107-06 - Approve Allocation of FY2008 Subsidy Funds for Humanities Portion

44.             No. LF103107-07 – Authorize staff to submit Future Land Use Plan Amendments in Section 21 T2N, R8E, BHM, Pennington County, South Dakota as recommended by the Future Land Use Committee

45.             No. LF103107-08 – Approve Event Permit for Rushmore VFW Post 1273 to hold parade on November 11, 2007

46.             No. LF103107-09 – Approve purchase of a 2008 Chevrolet Suburban from Rapid Chevrolet under State Contract No. 15270 in the amount of $32,430 for the Police Department

47.             No. LF103107-10 – Approve Travel Request for Dale McCabe and Cathy Bock to attend Death & Homicide Seminar in Las Vegas, NV, December 2-7, 2007, in the approximate amount of $2,624

48.             No. LF101007-17A – Acknowledge Basin Electric Intertie Study

49.             No. LF103107-11 – Approve request to cancel the Growth Management Department authorization to purchase three (3) Chevrolet Colorado Compact 4x4 crew cab pickup trucks from Lamb Chevrolet, Onida, South Dakota from the State of South Dakota Contract #14994 in an amount not to exceed $57,834

50.             No. 07TP026 – Authorize Mayor and Finance Officer to sign a No Cost, Time Extension with Ferber Engineering Company, Inc. to December 31, 2008 for the Southeast Connector Neighborhood Area Future Land Use Plan

51.             No. 07TP027 – Authorize Mayor and Finance Officer to sign a No Cost, Time Extension with HDR Engineering, Inc. to September 30, 2008 for the Sheridan Lake Road, Jackson Boulevard to Deadwood Avenue Traffic Analysis and Route Alignment Study

52.             No. 07TP029 – Authorize Mayor and Finance Officer to sign the 2008 Transportation Planning Process Annual Agreement with the South Dakota Department of Transportation in the amount of $511,392

53.             Set special Council meeting for December 27, 2007, at 12:30 p.m. to approve end of year bills and address other issues

54.             Acknowledge the following volunteers for purposes of workers compensation insurance coverage:  Theresa Holmquist, Alicia McDonald

55.             No. LF103107-14 – Acknowledge letter from the SD Department of Legislative Audit accepting the City of Rapid City's Audit Report for the year ending December 31, 2006

56.             No. LF103107-16 – Approve Resolution Declaring Property Surplus for RTS

57.             No. LF103107-17 – Authorize the Mayor and Finance Officer to sign Contract with Condrey and Associates, Inc. in the amount of $20,000 plus related travel expenses not to exceed $7,000 with the funds coming from the Council Contingency Fund

58.             No. LF103107-20 – Approve Travel Request for the following individuals to attend the PRIMA Risk & Recreation Workshop being held in Rapid City, South Dakota on Thursday, November 29, 2007, in the approximate cost of $1,668: Doug Lowe, Jeff Richardt, Kristy Lintz, Matt Brandhagen, Cliff Zechiel, JJ Walraven, Duncan Olney, Barb Limbo, Lon Van Deusen, Gary Garner, Rolf Johnson, Grant Fisher, Bob Young and John Embrock

59.             No. LF103107-21 – Approve Travel Request for Jason Green to attend Government Civil Practice Seminar in Mesa, AZ, December 8-13, 2007, in the approximate amount of $2,076

60.             No. LF103107-22 – Acknowledge Raffle Request from Rushmore Lions Club

61.             No. LF103107-23 – Acknowledge Raffle Request from Bricklayers Local #4 of South Dakota

62.             No. LF103107-24 – Acknowledge request from Rapid City Area School District 51/4 for Turkey Bingo

63.             No. LF103107-25 – Authorize the Mayor and Finance Officer to sign Covenant Agreement between the City of Rapid City, FMLC, Inc., Chuck Lien and Robert Akers Regarding the Platting of Certain Property Adjacent to the Future East Mall Drive within the City of Rapid City

64.             Approve the following licenses:  Mechanical Installer:  Keith Haag; Electrical Journeyman:  Craig Vogt and Kendal Karley; Plumbing Apprentice:  Eric Bigelow and Randal Lewis; Plumbing Plumber:  Mike Delaney; House Mover:  Joseph Hagen, Northland Building Movers; Residential Contractor:  Francis Mack Rowley, Jr., Rowley Construction & Custom Flooring; Val Mindt, Mindt Condition Homes; Donnie Kirschenman, Jadon Construction Company Inc.; Michael Nesland, Nesland Construction Company Inc.; William Marchand, Mt Plains Metal Stud & Drywall; Blake Thompson, Thompson Construction; Bill Freytag, Tyler Knue Homes; and Roger Beck, Beck Construction; Metals and Gems:  Brown & Associates, Ray Brown; Pawn Shop:  First Stop Gun & Coin, Mark L Blote; Second Hand:  Tires Tires Tires, Inc, Ron E Tyrell; Sewer and Water Journeyman: Jerome High Horse, Jr. 

Growth Management Department Consent Items

65.             No. 06PL133 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary Plat on Lots 16 thru 23, Block 1; Lots 1 thru 5, Block 3; Lots 1 thru 10, Block 4; Lots 1 thru 16, Block 5; Lots 1 thru 6, Block 6; and drainage Lot 1, Brookfield Subdivision, formerly a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Three Rivers Drive.

66.             No. 07PL128 - A request by Britton Engineering and Land Surveying for Raymond Crawford for a Layout Plat on Lots A and B of Lot 4R of High Sheridan Ranch Subdivision, Section 35, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 4R of High Sheridan Ranch Subdivision, Section 35, T1N, R6E, BHM, Pennington County, South Dakota, located at 23435 Sand Lane.

67.             No. 07PL130 - A request by Duane Hosek for a Layout Plat on Lots 1 and 2 of Hosek Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all of Block 24 of Mahoney Addition, less the west 25 feet, less the south 81/2 feet and the east 81/2 feet, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1509 Midway Street.

68.             No. 07PL131 - A request by Jim Peterson for Rob Livingston for a Layout Plat on Lots 8A and 8B of Strato Rim Estates, located in the SW1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 8 of Strato Rim Estates, located in the SW1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at 23641 Strato Rim Drive.

END OF CONSENT CALENDAR

Public Comment opened – Items 69 - 91

Public Comment closed

NON-CONSENT ITEMS – Items 69 - 91

ORDINANCES

69.             No. LF103107-18 – First Reading, Ordinance No. 5346 Amending Section 8.08.070 and Section 8.08.240 of Chapter 8.08 of the Rapid City Municipal Code Relating to Rates Charged for Collection of Refuse

70.             No. LF103107-27 – First Reading, Ordinance No. 5347 to Include Provisions Regulating the Laying of Water Service Lines and Sewer Service Lines within the City’s Standard Specifications by Amending Sections 13.04.340 and 13.08.130 of the Rapid City Municipal Code

71.             No. LF103107-26 – First Reading, Ordinance No. 5348 to Allow for the Conversion of an On-Premise Sign to an Off-Premise Sign by Amending Subsection Q of Section 15.28.050 of the Rapid City Municipal Code

72.             No. 07RZ072 - First Reading, Ordinance No. 5349, 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: N04º18’35”W, a distance of 29.56 feet, to a point on the centerline of Marlin Drive; Thence, second course: curving to the left, along the centerline of Marlin Drive, on a curve with a radius of 3000.00 feet, a delta angle of 07º43’51”, a length of 404.79 feet, a chord bearing of N81º52’30”E, and chord distance of 404.48 feet; Thence, third course: N78º00’34”E, along the centerline of Marlin drive, a distance of 95.10 feet, to intersection of centerline of Marlin Drive and Creek Drive; Thence fourth course: curving to the left, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of S17º40’09”E, and chord distance of 197.91 feet, to the end of previously dedicated Creek Drive; Thence fifth course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of S23º55’17”E, and chord distance of 20.01 feet; Thence sixth course: curving to the left, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of S28º46’30”E, and chord distance of 89.57 feet; Thence seventh course: S56º56’40”W, a distance of 50.00 feet; Thence eighth course: curving to the right, on a curve with a radius of 650.00 feet, a delta angle of 02º21’34”, a length of 26.77 feet, a chord bearing of N31º52’33”W, and chord distance of 26.76 feet; Thence ninth course: S59º18’14”W, a distance of 311.85 feet; Thence tenth course: S08º30’44”E, a distance of 235.10 feet, to a point on the section 1/16 line; Thence eleventh course: N89º56’36”W, along the along the section 1/16 line, a distance of 313.37 feet, to the southeasterly corner of said Lot 7; Thence twelfth course: N00º01’20”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.

73.             No. 07RZ073 - First Reading, Ordinance No. 5350, 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 Commecial 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 intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Thence first course: N78º00’34”E, along the centerline of Marlin Drive, a distance of 201.84 feet, to the end of the previously dedicated Marlin Drive; Thence, second course: N78º00’34”E, a distance of 66.26 feet; Thence, third course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of N76º10’58”E, and chord distance of 63.76 feet; Thence, fourth course: N74º21’21”E, a distance of 66.33 feet; Thence, fifth course: S15º38’39”E, a distance of 29.50 feet; Thence, sixth course: S74º21’21”W, a distance of 54.43 feet; Thence, seventh course: S26º59’57”E, a distance of 151.65 feet; Thence, eighth course: S56º56’40”W, a distance of 309.27 feet; Thence, ninth course: S56º56’40”W, a distance of 50.00 feet; Thence tenth course: curving to the right, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of N28º46’30”W, and chord distance of 89.57 feet; Thence eleventh course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of N23º55’17”W, and chord distance of 20.01 feet, to the end of dedicated Creek Drive centerline; Thence twelfth course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of N17º40’09”W, and chord distance of 197.91 feet, the intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Said Parcel contains 87,663 square feet or 2.012 acres more or less., located southeast of the intersection of Creek Drive and Marlin Drive.

74.             No. 07RZ074 - First Reading, Ordinance No. 5351, 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 05º11’13”, a length of 272.92 feet, a chord bearing of N79º49’24”E, and chord distance of 272.83 feet; Thence, second course: S15º38’39”E, a distance of 95.46 feet; Thence, third course: S74º21’21”W, a distance of 66.33 feet; Thence, fourth course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of S76º10’58”W, and chord distance of 63.76 feet; Thence fifth course: S78º00’34”W, a distance of 66.26 feet, to the end of dedicated Marlin Drive centerline; Thence sixth course: S78º00’34”W, along the centerline of Marlin Drive, a distance of 201.84 feet, to the intersection of centerline Marlin Drive and Creek Drive; Thence seventh course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 05º21’24”, a length of 93.49 feet, a chord bearing of N09º18’43”W, and chord distance of 93.46 feet; Thence eight course: N06º38’01”W, along the centerline of Creek Drive, a distance of 422.07 feet, to a point on the southerly right-of-way of Elk Vale Road; Thence ninth 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 00º57’11”, a length of 50.15 feet, a chord bearing of N82º50’59”E, and chord distance of 50.15 feet, to the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Said Parcel contains 182,629 square feet or 4.193 acres more or less., located northeast of the intersection of Creek Drive and Marlin Drive.

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

75.             No. LF103107-01 – Appeal of Revocation of Rapid Construction’s Sewer and Water Contractor’s License

76.             No. LF103107-12 – Approve the purchase two (2) Dodge Dakota Compact 4x4 crew cab pickup trucks from Wegner Auto Co., Pierre, South Dakota under State of South Dakota Contract #15272 in an amount not to exceed $41,296 for the Growth Management Department

77.             No. LF103107-13 – Authorize the Mayor and Finance Officer to sign Consent to Assignment between DKEA, LLC and Rawlins National Bank

78.             No. LF103107-19 – Authorize the Mayor and Finance Officer to sign an Agreement with the Rapid City Softball Association for Lease of the Star of the West Recreation Complex

79.             No. LF101007-13A – Authorize the Mayor and Finance Officer to sign Amended Agreement with Cabela’s Retail, Inc.

80.             No. LF101007-14 -  Authorize the Mayor and Finance Officer to sign Developer’s Agreement for Tax Increment District No. 64

81.             No. LF101007-15 – Authorize the Mayor and Finance Officer to Sign Consent to Assignment of Tax Increment Proceeds from Cabela’s Retail, Inc. to Rapid City Economic Development Foundation

PUBLIC WORKS COMMITTEE ITEMS

82.             Dispute July water bill at 2941 W. St. Anne Street, Harry “Ed” Dull

83.             No. PW103007-02 - Evaluation of existing mid-block pedestrian crossings – 5th Street, south of Fairmont Blvd (Rapid City Regional Hospital); and Mt. Rushmore Road at Meade Street

84.             Franklin Street and St. Cloud Street sanitary sewer

85.             No. PW103007-14 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the professional services agreement with Burns & McDonnell Engineering Company, Inc. for Construction Phase Services for the Water Reclamation Facility Digester Repair and Improvements-Phase II Project No. WRF07-1549A for an amount not to exceed $64,566.00

86.             No. 07EX111 – Appeal the denial for an Exception to Section 8.2 Design Criteria, of the City of Rapid City Street Design Manual, to allow alternate driveway opening width. West 250’ of Lot 2, Hansen Heights Addition, Section 6, T1N, R8E, located at 320 East Saint Patrick Street

BIDS

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

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

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

88.             Vision 2012 Update, Public Works Director Jablonski

89.             Sanitary Sewer Service to residents on St. Cloud Street and Franklin Street, Public Works Director Jablonski

APPEALS

DARB

License application appeals

Sign Code Appeals

90.             No. CC110507-03 – Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Cabela’s Retail, Inc. for wall signs, joint identification sign, and ground monument sign on Lot 3, Forefather Flats Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3231 East Mall Drive

91.             No. CC110507-04 - Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Rapid Center, LLC for joint identification sign on Lot 3, Starlite Subdivision, and a portion of the SW1/4 of Section 28, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 92 - 142

Open Public Hearing (comment) -- Items 92 – 142

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 92 - 123

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

Continue the following items until November 19, 2007:

92.             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.

93.             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.

94.             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.

95.             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.

96.             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.

97.             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.

98.             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.

99.             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.

100.         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.

101.         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.

102.         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.

103.         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.

104.         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.

105.         No. 07PL133 - A request by Fisk Land Surveying and Consulting Engineers, Inc. for the City of Rapid City for a Preliminary Plat on Lot 1 of Wally Byam Addition and Dedicated Right-of-way, located in the S1/2 SW1/4 NE1/4, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the S1/2 SW1/4 NE1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the south one-quarter corner of said Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; thence, northerly along the center one-quarter line of said Section 9, N00º06’45”E, a distance of 3312.73 feet more or less to the south 1/64th line of the NE1/4 of said Section 9; thence, easterly along the north line of the S1/2 SW1/4 NE1/4, Section 9, S89º58’14”E, a distance of 279.27 feet more or less to the point of beginning: thence, continuing easterly along the north line of the S1/2 SW1/4 NE1/4, Section 9, S89º58’14”E, a distance of 670.67 feet more or less, to a point on the southerly line of the adjoining railroad right-of-way; thence, southeasterly along the southerly line of said railroad right-of-way, S51º15’21”Et, a distance of 38.60 feet more or less; thence, S38º45’09”W, a distance of 17.16 feet more or less; thence, curving to the right on a normal curve with a radius of 227.45 feet, a delta of 29º07’46”, and an arc length of 115.64 feet more or less; thence, S67º52’55”W, a distance of 126.32 feet, more or less; thence, curving to the left on a normal curve with a radius of 170.00 feet, a delta of 42º06’45”, and an arc length of 124.95 feet more or less; thence, S25º46’10”W, a distance of 32.55 feet more or less; thence, N64º13’50”W, a distance of 60.00 feet more or less; thence, N53º24’13”W, a distance of 403.56 feet more or less to the point of beginning, located at S.D.Highway 44 West and Lytle Lane.

106.         No. 07PL134 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

107.         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.

108.         No. 07RZ068 - Second 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.

109.         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.

110.         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.

111.         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.

112.         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.

113.         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.

114.         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.

115.         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.

116.         No. 07SV055 - A request by Renner & Associates for Jo and Steve Benn for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water on Clarkson Road and Spring Canyon Trail and to waive the requirement to install pavement on Spring Canyon Trail as per Chapter 16.16 of the Rapid City Municipal Code 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 the 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 north and east of the intersection of Spring Canyon Trail and Clarkson Road.

117.         No. 07SV057 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the Dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

118.         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.

119.         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.

120.         No. 07VR011 - A request by Bryan Gonzalez for a Vacation of a portion of Right-of-way on that portion of Philadelphia Street which is situated directly south of 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, located at Philadelphia Street north of Founders Park Drive and west of West Boulevard North.

Continue the following items until December 17, 2007:

121.         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.

Continue the following items until January 22, 2008:

122.         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.

123.         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.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 92 – 142

CONSENT PUBLIC HEARING ITEMS – Item 124 - 131

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

124.         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

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

126.         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

127.         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

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

129.         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.

ASSESSMENT ROLLS

130.         No. LF101007-08 – Resolution Levying Assessment for Cleanup of Miscellaneous Properties

OTHER ITEMS REQUIRING PUBLIC HEARINGS

131.         No. PW092507-17 – Resolution of Necessity for Enchanted Pine Drive Water Main Extension, Phase 1, Project No. W07-1669

NON-CONSENT PUBLIC HEARING ITEMS – Items 132 - 142

132.         No. 07CA030 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the Land Use Designation from General Agriculture to Heavy Industrial on Lots 2 thru 7 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1717 thru 1937 Marlin Drive.

133.         No. 07CA042 - A request by FMG, Inc. for Good Samaritan Society for a 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.

134.         No. 07CA046 - 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 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.

135.         No. 07CA047 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to Light Industrial 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..

136.         No. 07CA048 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to Office Commercial 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.

137.         No. 07CA049 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial on 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.

138.         No. 07PD079 – An appeal of the Planning Commission’s decision on a request by Dream Design International, Inc. for a Planned Residential Development - Initial and Final Development Plan on Lot 1 of Block 10 of Red Rock Meadows Subdivision, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Portrush Road and Dunsmore Road.

139.         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.

140.         No. 07SV056 - A request by Fisk Land Surveying and Consulting Engineers, Inc. for the City of Rapid City for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, water, sewer, street light conduit, pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Wally Byam Addition and Dedicated Right-of-way, located in the S1/2 SW1/4 NE1/4, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the S1/2 SW1/4 NE1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the south one-quarter corner of said Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; thence, northerly along the center one-quarter line of said Section 9, N00º06’45”E, a distance of 3312.73 feet more or less to the south 1/64th line of the NE1/4 of said Section 9; thence, easterly along the north line of the S1/2 SW1/4 NE1/4, Section 9, S89º58’14”E, a distance of 279.27 feet more or less to the point of beginning: thence, continuing easterly along the north line of the S1/2 SW1/4 NE1/4, Section 9, S89º58’14”E, a distance of 670.67 feet more or less, to a point on the southerly line of the adjoining railroad right-of-way; thence, southeasterly along the southerly line of said railroad right-of-way, S51º15’21”Et, a distance of 38.60 feet more or less; thence, S38º45’09”W, a distance of 17.16 feet more or less; thence, curving to the right on a normal curve with a radius of 227.45 feet, a delta of 29º07’46”, and an arc length of 115.64 feet more or less; thence, S67º52’55”W, a distance of 126.32 feet, more or less; thence, curving to the left on a normal curve with a radius of 170.00 feet, a delta of 42º06’45”, and an arc length of 124.95 feet more or less; thence, S25º46’10”W, a distance of 32.55 feet more or less; thence, N64º13’50”W, a distance of 60.00 feet more or less; thence, N53º24’13”W, a distance of 403.56 feet more or less to the point of beginning, located at S.D.Highway 44 West and Lytle Lane.

141.         No. 07RZ051 - Second Reading, Ordinance No. 5315, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from No Use District to Heavy Industrial District on Lots 2 thru 7 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1717 thru 1937 Marlin Drive.

142.         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.

BILLS

143.         No. CC110507-01 Bill List for November 5, 2007

ADDENDUM

144.         No. PW103007-19 - Transfer $1,300,000 from SAB 28 fund to construct East Anamosa Street (East North Street to Century Road); and repay SAB 28 from Tax Increment Districts No. 39 and No. 49 (Aldermen Johnson, Hurlbut, and Okrepkie)

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN