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

December 17 , 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 December 3, 2007 and correct minutes of July 16, 2007 for item No. PW071007-10, to authorize the Mayor and Finance Officer to sign a Professional Services Agreement with HDR Engineering, Inc. for Elk Vale Lift Station Evaluation Project No. SS07-1662 1664 / CIP #50688 to reflect the correct project number.

AWARDS AND RECOGNITIONS

1.                  Veteran for the Months of December, 2007

2.                  Employee Recognitions and Awards for December, 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 - 79

Public Comment opened – Items 3 - 66

Public Comment closed

CONSENT ITEMS – Items 3 - 66

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 (January 7, 2008)

3.                  G S Corp., Inc. dba Casa Re’al, 2315 1/2 Mt. Rushmore Road for a Retail (On-Sale) Wine License

4.                  Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled January 17, 2008 at Ketel Thorstenson LLP, 810 Quincy Street

5.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled January 18, 2008 at the Dahl Arts Center, 713 7th Street

6.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled March 21, 2008 at the Dahl Arts Center, 713 7th Street

7.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled June 6, 2008 at the Dahl Arts Center, 713 7th Street

8.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled July 7, 2008 at the Dahl Arts Center, 713 7th Street

9.                  Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled August 1, 2008 at the Dahl Arts Center, 713 7th Street

10.             Rapid City Downtown Association for a special Beer License for an event scheduled June 27 & 28, 2008 on Sixth Street between Main & Rapid Streets

Public Works Committee Consent Items

11.             Direct staff to define a project relative to the Airport water issues; prepare a preliminary scope; identify a funding source; and identify where the project fits with the prioritizing of other projects currently programmed.

12.             Direct the City Attorney’s Office staff to prepare an ordinance regarding the leasing of the City-owned bleachers.

13.             No. PW121107-02 – Approve Change Order No. 4 for the Dahl Arts Center Remodel and Addition to J. Scull Construction Services for an increase of $12,853.27.

14.             No. PW121107-05 – Approve Change Order No. 4 for Well 12 and Stoney Creek Booster Station Project No. W03-953 / CIP No. 50318 to Heavy Constructors, Inc. dba Gustafson Builders, Inc. for an increase of $21,070.64.

15.             No. PW121107-06 – Approve Change Order No. 1F for 2007 Street Rehabilitation Project - Various Locations Project No. ST07-1651 / CIP No. 50549 to Hills Materials Company for an increase of $29,312.94.

16.             No. PW121107-07 – Approve Change Order No. 1F for Downtown Pavement Repair 2007 Project No. STCM07-1642 / CIP No. 50445 to Ainsworth-Benning Construction, Inc. for an increase of $178.08.

17.             No. PW121107-08 – Approve Change Order No. 1F for Lemmon Avenue Reconstruction - Van Buren Street to College Avenue Project No. ST04-1438 / CIP No. 50120 to R.C.S Construction, Inc. for a decrease of $26,749.60.

18.             No. PW112707-08 – Authorize staff to advertise for bids Holiday Inn, North Street and Farlow Avenue Water Main Reconstruction Project No. W07-1631 / CIP #50465.

19.             No. PW112707-09 – Authorize the Mayor and Finance Officer to sign an agreement with Action Development for street and utility improvements to East Anamosa for an amount not to exceed $1,300,000.00.

20.             No. PW121107-09 – Approve an Initial Resolution setting time and place for hearing on January 7, 2008 for Enchanted Pines Drive Water Main Extension Project No. W07-1669.

21.             No. PW121107-10 - Approve the replacement of stop signs with yield signs as proposed in the Dunham Estates Subdivision.

22.             No. PW121107-12 - Acknowledge the report on National Scenic Byway Program; and direct staff to prepare the Request for Proposals and identify funding options for Council review.

23.             No. PW121107-13 – Approve a request from Stoneridge LLC for authorization to prepare an H-Lot located in the NE1/4 NE1/4, Section 24, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota on behalf of the City of Rapid City; and authorize acceptance of deeds.

24.             No. 07TP032 – Approve 2008-2012 Transportation Improvement Program Amendment No. 08-002.

25.             No. 07EX147- Approve a request for an Exception to the City of Rapid City Street Design Criteria Manual Section 1.7 - “Forty (40) Dwelling Unit Rule” for Lot 11A and 11B of Block 10 of Elks Country Estates, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota (07PL146) to allow one additional lot.

26.             No. 07VE039 - Deny without prejuedice, a request by Jared Tordsen for Land and Marine Development, Inc. to consider an application for a Vacation of Non-Access Easement on Lot 7, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Bunker Drive along Abbey Road

27.             No. 07VE040 - Deny without prejuedice, a request by Jared Tordsen for Land and Marine Development, Inc. to consider an application for a Vacation of Non-Access Easement on Lot 22, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast corner of the intersection of Butterfly Lane and Abbey Road (Hovering Heights Court)

28.             No. 07VE041 - Deny without prejuedice, a request by Jared Tordsen for Land and Marine Development, Inc. to consider an application for a Vacation of Non-Access Easement on Lot 31, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southwest corner of the intersection of Butterfly Lane and Abbey Road (Hovering Heights Court)

29.             No. 07VE042 - Deny without prejuedice, a request by Jared Tordsen for Land and Marine Development, Inc. to consider an application for a Vacation of Non-Access Easement on Lot 32, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southeast corner of the intersection of Abbey Road (Hovering Heights Court) and Antler Ridge Road.

30.             No. 07VE043 - Approve a request by Fisk Land Surveying for  Pamela Thornburg to consider an application for a Vacation of Utility Easement on Lot 4, Block 1 of H & H Estates Subdivision located in the SW1/4 NE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 4730 Haven Street.

Legal & Finance Committee Consent Items

31.             Acknowledge that Dwanna Oldson made a complaint regarding damages to her trailer which was moved from Eastbrooke Mobile Home Estates and recommended that if she felt that she had a claim against the City to follow the City’s process for filing claims. 

32.             No. LF121207-01 – Acknowledge re-appointment of Chuck Tinant to the Parks & Recreation Advisory Board. 

33.             No. LF121207-02 – Confirm re-appointment of Doug Rumpca and Daniel Wegner to the Sign Contractor Board. 

34.             No. LF121207-03 – Confirm re-appointment of Jim Jackson as an alternate to the Sign Code Board of Appeals. 

35.             No. LF121207-04 – Confirm re-appointment of Wayne Loof and Mark Bradsky to the Residential Contractor Board. 

36.             No. LF121207-05 – Confirm re-appointment of Steve Malone to the Zoning Board of Adjustment. 

37.             No. LF121207-06 – Confirm re-appointment of Glenn Delabarre, Keith Gade, Guz Hammerquist, Steve Malone, Michele Seaman and Mark Thomas to the Mechanical Board. 

38.             No. LF121207-07 – Confirm appointment of Michael Schad as Assistant City Attorney II. 

39.             Confirm appointment of Mark Rohlfing as Fire Chief. 

40.             No. LF121207-08 – Approve Travel Request for Larry Rose, Wayne Asscherick, and Dale Hatzenbuhler to attend Remington Armored Course in Fort Collins, CO, May 7-10, 2008, in the approximate amount of $2,260. 

41.             No. LF121207-09 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding between the Fraternal Order of Police South Dakota Lodge, #2A and the City of Rapid City Regarding Police Department Employees Providing Security at Rapid City Regional Airport. 

42.             No. LF121207-10 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding between the Fraternal Order of Police South Dakota Lodge, #2A and the City of Rapid City Regarding an Amendment to Article XI of the Collective Bargaining Unit Addressing Part-Time Employees. 

43.             No. LF112807-20 – Authorize Mayor and Finance Officer to sign Contract between the City of Rapid City and Golden West for Rapid City Fire Department new telephone system in the amount of $31,558.07. 

44.             No. LF101007-16A – Approve request to correct the minutes to reference the correct legal description in the Resolution of a Vacation of a Portion of Right-of-way (07VR010) to refer to the vacation of a 11.5 foot portion of the right-of-way lying adjacent to Lot 24, Block 11, Millard Subdivision, located in the NE1/4, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota. 

45.             No. 07TP031 – Approve 2009-2013 Transit Development Plan Professional Services Agreement with SRF Consulting Group, Inc. 

46.             Acknowledge the following volunteers for workmen compensation purposes: Bill Boylan, Hannah Martin, Maureen French, and Jasmine Gayton. 

47.             No. LF121207-12 – Authorize Mayor and Finance Officer to sign Lease Agreement between Jefferson Partners L.P. and City of Rapid City. 

48.             No. LF121207-11 - Authorize insurance renewal with Independent Insurance Agents of Rapid City. 

49.             No. LF121207-30 - Approve request for contingency funds to purchase additional network addressable storage in the approximate amount of $2,500; with said funds to come from Council Contingency. 

50.             No. LF121207-13 – Authorize Mayor and Finance Officer to sign Amendment No. 1 to Services Agreement between The Sanborn Map Company, Inc. and Rapid City, South Dakota. 

51.             No. LF121207-14 – Approve Resolution to Establish Additional Staffing for the Rapid Transit System (RTS), a Division of Public Works. 

52.             No. LF121207-25 – Authorize staff to obtain RFP’s for Golf Pro Shop Concessionaire and/or Adult Golf Instructor for Municipal Golf Courses. 

53.             No. LF121207-16 – Approve Storm Water Quality Manual. 

54.             No. LF121207-17 – Acknowledge raffle request from The Dahl

55.             No. LF121207-18 – Approve request from Keith Storm, d/b/a Pied Piper Ice Cream, for ice cream vending license for 2008. 

56.             No. LF121207-24 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding with Tracy Hamblet, III. 

57.             No. LF121207-23 – Authorize Mayor and Finance Officer to sign Contract between the City of Rapid City and Project Solutions, Inc. to Provide Construction Inspectors for Rapid Construction. 

58.             No. LF121207-22 – Approve abatement for William J. Danley for $324.64. 

59.             Approve the following licenses:  Central Station Service:  Central Monitoring Service, Kenneth C Knight; Checkpoint Security Systems Group, Inc, Cindy Smith; Emergency 24, inc, Dante Monteverde; Marlin Central Monitoring, Richard Perry; Security Central, Inc, Jordan Jackson; Silent Knight Security Group, Tom Palkert; WH International Response Center, Wendy Youngren; Security Business:  Mountain States Security, Inc, Karen Kierstead; Rochester Armored Car Co, Inc, Paul Cameron; Mechanical Apprentice:  Shawn Waling, Michael Alderink, and Phil Morford; Mechanical Contractor:  Herbert A Mitchell, A & A Service Company Inc.; Mechanical Installer:  Joshua Ebel; Electrical Journeyman:  Rick Ferguson, Seth Redman, and Warren Buffalo Jr.; Electrical Contractor/Master:  Randall Wertz, T-Two Inc. 

Growth Management Department Consent Items

60.             No. 07AN006 - A request by City of Rapid City for a Petition for Annexation on Lot DE of Tract 5 of Sletten Addition (formerly a portion of Tract 5 of Sletten Addition) located in Government Lot 3, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, less that portion of the west 33 feet of Tract 5 of Sletten Addition, located in the W1/2 NW1/4 SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of West Nike Road and Cobalt Drive.

61.             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.

62.             No. 07PL146 - A request by Sperlich Consulting, Inc. for Chad Zandstra for a Preliminary Plat on Lots 11A and 11B  of Block 10 of Elks Country Estates, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 11 of Block 10 of Elks Country Estates, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3565 Padre Drive.

63.             No. 07PL148 - A request by Sperlich Consulting, Inc. for Wind River, LLC for a Layout Plat on Lots A, B and C of Lot 8 of the E/12 NE1/4, less Lot H1, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 of Lot 8 of the E/12 NE1/4, less Lot H1, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4961 Sheridan Lake Road.

64.             No. 07PL150 - A request by FMG, Inc. for TLC Investments, Inc. for a Layout Plat on Lots A and B of TLC Subdivision, located in the NW1/4, Section 26, T1N, R7E, and the NE1/4, Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as that portion of Tract 1 of the SE1/4 of the SE1/4, Section 27, T1N, R7E, less Connector Subdivision and less Lot H1, south of Catron Boulevard; Lot 2 of Connector Subdivision, Sections 26 and 27, T1N, R7E; Lot A of SE1/4 NE1/4, Section 27, T1N, R7E, and Lot A of SW1/4 NW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Highway 16 and south of Catron Boulevard.

65.             No. 07PL156 - A request by FMG, Inc. for Bypass, LLC for a Preliminary Plat on Lots 4 and 5 of Block 2, Lots 4 thru 9 of Block 5, Lots 3 thru 6 of Block 6 and Lots 1 and 2 of Block 7; all of I90 Heartland Business Park, and dedicated public right-of-way shown as Seger Drive, Rearden Court and Dakota Craft Drive, locate din the W1/2 of the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the W1/2 of the NE1/4 less I90 Heartland Business Park, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Elk Vale Road and north of East Mall Drive.

66.             No. 07VE038 - A request by Dream Design International, Inc. for a Vacation of Non-Access Easement on Tract J of Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Degeest Street between Berniece Street and Homestead Street.

END OF CONSENT CALENDAR

Public Comment opened – Items 67 - 79

Public Comment closed

NON-CONSENT ITEMS – Items 67 - 79

ORDINANCES

67.             No. LF121207-19 – First Reading, Ordinance No. 5355 Regulating Construction Site Runoff by Adding Chapter 8.46 to the Rapid City Municipal Code. 

68.             No. LF121207-20 – First Reading, Ordinance No. 5356 Regulating Post-Construction Site Stormwater Runoff by Adding Chapter 8.48 to the Rapid City Municipal Code. 

69.             No. LF121207-21 – First Reading, Ordinance No. 5357 Regulating Stormwater Runoff From Lands Modified by Human Activities by Adding Chapter 8.50 to the Rapid City Municipal Code. 

70.             No. LF121207-29 - First Reading, Ordinance No. 5358 Establishing a Thirty Minute Parking Zone by Amending Section 10.44.010 of the Rapid City Municipal Code. 

71.             No. LF103107-15 - Second Reading, Ordinance No. 5345 Regarding Supplemental Appropriation No. 4 for 2007. 

72.             No. 07OA009 – Second Reading, Ordinance No. 5352 Adding Microbreweries and Wineries as Conditional Uses in the Light Industrial Zoning District by Amending Section 17.22.030 of the Rapid City Municipal Code. 

73.             No. 07OA009 – Second Reading, Ordinance No. 5353 Adding Microbreweries and Wineries as Conditional Uses in the General Commercial Zoning District by Amending Section 17.18.030 of the Rapid City Municipal Code. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

74.             No. LF121207-31 – Authorize the Mayor and Finance Officer to Sign Covenant Agreement between the City of Rapid City, GLM Land Corporation and Calvary Chapel Community Church, Regarding an Exception to the Street Design Criteria Manual for property located at 320 East St. Patrick Street, Rapid City, South Dakota.

75.             No. LF121207-15 – Approve Resolution to Establish Additional Staffing for the Rapid City Public Library

76.             No. LF121207-26 - Authorize the Mayor and Finance Officer to sign Covenant Agreement between the City of Rapid City and Good Guys, LLC allowing an Exception to the Requirement that Water/Sewer Lines not Cross Adjoining Property Lines

PUBLIC WORKS COMMITTEE ITEMS

77.             No. PW121107-11 – Amendment to Standard Specifications for Public Works Construction

BIDS

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

78.             Library Update, Alderman Kooiker

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

APPEALS

DARB

79.             License application appeals - Security License Denial, Mike Taylor

Sign Code Appeals

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 80 - 142

Open Public Hearing (comment) -- Items 80 –142

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 80 - 114

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

Continue the following items until January 7, 2008:

80.             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.

81.             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.

82.             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.

83.             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.

84.             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.

85.             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.

86.             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.

87.             No. 07PL141 - A request by Centerline, Inc. for Action Development, Inc. for a Preliminary Plat on Lots 1 and 8 of Anamosa Crossing Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Century Road and East North Street.

88.             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.

89.             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.

90.             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.

91.             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.

92.             No. 07SV059 - A request by Centerline, Inc. for Action Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk, water and sewer along East North Street and to reduce pavement width from 26 feet to 24 feet along A/R Boulevard and A/R Lane as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 8 of Anamosa Crossing Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Century Road and East North Street.

93.             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 along Philadelphia Street north of Founders Park Drive and west of West Boulevard North.

Continue the following items until January 22, 2008:

94.             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.

95.             No. 07CA050 - 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: 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.

96.             No. 07CA051 - 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 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.

97.             No. 07CA052 - 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 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.

98.             No. 07CA055 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Rural Reserve to General Commercial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence N00º04’09”W. along the section line common to Sections 21, and 22, a distance of 530.00 feet to the point of beginning; Thence, first course: S89º55’51”W, a distance of 449.12 feet; Thence, second course: N00º07’41”W, a distance of 860.00 feet; Thence third course: N89º55’51”E, a distance of 450.00 feet, to a point on the section line common to Sections 21, and 22; Thence, fourth course: S00º04’09”E, along the section line common to Sections 21, and 22, a distance of 860.00 feet, to the point of beginning, located north of Seger Drive and west of Elk Vale Road.

99.             No. 07CA056 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Rural Reserve to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Lot 2R of Beaird Subdivision and the point of beginning, Thence, first course: S74º37’29”E, a distance of 1202.78 feet; Thence, second course: S31º45’55”E, a distance of 1162.49 feet; Thence, third course: S90º00’00”W, a distance of 439.54 feet; Thence, fourth course: N00º00’00”E, a distance of 428.29 feet; Thence, fifth course: N37º32’29”W, a distance of 394.90 feet; Thence, sixth course: N62º35’52”W, a distance of 1229.50 feet, to the southeasterly corner of Lot 2R of Beaird Subdivision and the point of beginning, located north of Seger Drive and west of Elk Vale Road.

100.         No. 07CA057 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Public to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at section corner common to Sections 20, 21, 28, and 29 T2N, R8E, BHM, thence N00º02’15”W, a distance of 521.16 feet to the point of beginning, Thence, first course: N00º02’15”W, along the section line common to Sections 20 and 21, a distance of 941.15 feet; Thence, second course: S48º29’18”E, a distance of 331.54 feet; Thence, third course: S83º10’38”E, a distance of 304.61 feet; Thence, fourth course: N88º20’00”E, a distance of 1840.91 feet; Thence, fifth course: N60º21’45”E, a distance of 305.29 feet; Thence, sixth course: N00º00’00”E, a distance of 1256.52 feet; Thence seventh course: N90º00’00”E, a distance of 439.54 feet; Thence eighth course: S31º45’55”E, a distance of 187.71 feet; Thence ninth course: S70º52’51”E, a distance of 832.49 feet; Thence tenth course: S00º00’00”E, a distance of 1709.19 feet; Thence eleventh course: S89º55’51”W, a distance of 3980.51 feet, to a point on the section line common to Sections 20 and 21, and the point of beginning, located north of Seger Drive and west of Elk Vale Road.

101.         No. 07CA059 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Rural Reserve to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 21, 22, 27, and 28, T2N, R8E, BHM, thence, N00 04’09”W, a distance of 1390.00 feet to the point of beginning; Thence, first course: S89 55’51”W, a distance of 450.00 feet; Thence, second course: S00 07’41”E, a distance of 860.00 feet; Thence, third course: S89 55’51”W, a distance of 873.79 feet; Thence, fourth course: N00 00’00”E, a distance of 1709.19 feet; Thence, fifth course: S70 52’51”E, a distance of 73.39 feet; Thence, sixth course: S20 31’58”E, a distance of 434.44 feet; Thence seventh course: N89 55’51”E, a distance of 1099.64 feet, to a point on the section line common to sections 21, and 22; Thence eighth course: S00 04’09”E, along the section line common to sections 21 and 22, a distance of 418.04 feet, to the point of beginning, located north of Seger Drive and west of Elk Vale Road.

102.         No. 07CA060 - A request by Lynn Livingston for James and Pamela Giese for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on Lots 19 and 20 of Block 3 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1021 St. Joseph Street.

103.         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.

104.         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.

105.         No. 07PL151 - A request by Boschee Engineering for Cody Schad for a Preliminary Plat on Government Lot A of Lot 2, Government Lot 2 less Lot A, and Government Lot 1, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located between Strato Bowl and Copper Oaks.

106.         No. 07PL152 - A request by Sperlich Consulting for  Ron Shape for a Preliminary Plat on Lots 1 through 6 of Block 1, Lots 1 through 8 of Block 2, Lots 1 through 8 of Block 3, Lots 1 through 8 of Block 4, Lot 1 of Block 5, Lot 1 of Block 6, and Lot 1 of Block 7, Homestead Subdivision, located in the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NE1/4 of Section 3, located in the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and west of Reservoir Road.

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

108.         No. 07RZ072 - Second 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.

109.         No. 07RZ073 - Second 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 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 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.

110.         No. 07RZ074 - Second 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.

111.         No. 07RZ075 - Second Reading, Ordinance No. 5354, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Lynn Livingston for Pamela and James Giese for a Rezoning from Office Commercial District to General Commercial District on Lots 19 and 20 of Block 3 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1021 St. Joseph Street.

112.         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.

113.         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.

114.         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 80 – 142

CONSENT PUBLIC HEARING ITEMS – Item 115 - 133

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

115.         Laural A. Hawkins dba RAXX Billiards, 2310 N. Maple Avenue for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery (continued November 19, 2007 Council meeting)

Retail (On-Sale) Liquor License Renewal for 2008

116.         Fat Boys, Inc. DBA Firehouse Brewing Company, 610 Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

117.         Phatty McGees, Inc. DBA Phatty McGees, 321 Seventh Street for a Retail (On-Sale) Liquor License and Sunday Opening

118.         VFW DBA Rushmore Post 1273, 420 Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

119.         Luke Lester Investments, LLC DBA The Stampede, 640 E. St. Patrick Street for a Retail (On-Sale) Liquor License and Sunday Opening

120.         Steven C. Lester LLC DBA Rushmore Plaza Holiday Inn, 505 N. Fifth Street for a Retail (On-Sale) Liquor License and Sunday Opening

Retail (On-Sale) Wine License Renewal for 2008

121.         CEC Entertainment, Inc. DBA Chuck E Cheese’s, 30 Knollwood Drive for a Retail (On-Sale) Wine License

122.         Dan Trieu Ly DBA Gold Fortune, 1204 East North Street for a Retail (On-Sale) Wine License

123.         Chrisbro, LLC DBA Hampton Inn, 1720 Rapp Street for a Retail (On-Sale) Wine License

124.         Li Zhu Zhu DBA Coco Palace, 1900 N. Maple Avenue for a Retail (On-Sale) Wine License

125.         609 Main, Inc. DBA Delmonico Grill, 609 Main Street for a Retail (On-Sale) Wine License

Package (Off-Sale) Liquor License Renewal for 2008

126.         Dakotas Best & Brown Bag Deli, Inc. DBA Dakota’s Best & Brown Bag Deli, 818 Main Street for a Package (Off-Sale) Liquor License

127.         Staple & Spice Market, Inc. DBA Staple & Spice Market for a Package (Off-Sale) Liquor License

128.         Thrifty Smoke Shop, Inc. DBA Thrifty Smoke Shop, 718 East St. Patrick Street for a Package (Off-Sale) Liquor License

129.         Thrifty Smoke Shop, Inc. DBA Thrifty Smoke Shop III, 3030 W. Main Street, Ste. B for a Package (Off-Sale) Liquor License

130.         Orris Enterprises, Inc. DBA Vino 100, 520 Seventh Street, Ste. 520 for a Package (Off-Sale) Liquor License

131.         Fat Boy’s, Inc. DBA Firehouse Brewing Co., 610 Main Street for a Package (Off-Sale) Liquor License

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

ASSESSMENT ROLLS

133.         No. PW111307-11 – Approve Resolution Levying Assessment for Hall Street Sanitary Sewer Extension Project No. SS06-1482

OTHER ITEMS REQUIRING PUBLIC HEARINGS

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 134 - 142

134.         No. 07CA058 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Light Industrial on a portion of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Lot 2R of Beaird Subdivision and the point of beginning, Thence, first course: S62º35’52”E, a distance of 1229.50 feet; Thence, second course: S37º32’29”E, a distance of 394.90 feet; Thence, third course: S00º00’00”E, a distance of 1684.81 feet; Thence, fourth course: S60º21’45”W, a distance of 305.29 feet; Thence, fifth course: S88º20’00”W, a distance of 1840.91 feet; Thence, sixth course: N83º10’38”W, a distance of 304.61 feet; Thence seventh course: N48º29’18”W, a distance of 331.54 feet, to a point on the section line common to Sections 20 and 21, T2N, R8E; Thence eighth course: N00º02’15”W, along the section line common to Sections 20 and 21, a distance of 1188.45 feet, to the Section 1/4 Corner common to Sections 20 and 21; Thence ninth course: N00º00’41”W, along the section line common to Sections 20 and 21, a distance of 1325.18 feet, to the north Section 1/16 Corner common to Sections 20 and 21; Thence tenth course: N89º59’19”E, a distance of 33.10 feet, to the southwesterly corner of Lot 3 of Beaird Subdivision; Thence eleventh course: S89º56’52”E, along the southerly boundary of said Lot 3 of Beaird Subdivision, a distance of 564.86 feet, to the southeasterly corner of said Lot 3 of Beaird Subdivision, common to a southerly corner of said Lot 2R of said Beaird Subdivision; Thence twelfth course: S89º56’31”E, along the southerly boundary of said Lot 2R of Beaird Subdivision, a distance of 727.10 feet, to the southeasterly corner of said Lot 2R of Beaird Subdivision and the point of beginning, located north of Seger Drive and east of Dyess Avenue.

135.         No. 07PD086 – 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 Tract J of Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Degeest Street between Berniece Street and Homestead Street.

136.         No. 07PD087 - An appeal of the Planning Commission’s decision on a request by Sperlich Consulting, Inc. for Signature Development for a Major Amendment to a Planned Residential Development on Lots 1 thru 4 of Block 2 of the Villaggio at Golden Eagle Subdivision and 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 northwest of the intersection of Villaggio Lane and Golden Eagle Drive.

137.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk, water and sewer along Rapp Street and for the installation of sidewalk and sewer along Pine Street as they abut 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. (07SV052)

138.         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.

139.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, water, sewer, street light conduit and sidewalk along Clarkson Road as it abuts 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. (07SV055)

140.         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.

141.         No. 07SV063 - A request by Boschee Engineering for Stoney Creek Development for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lot 4 and Outlot D of Stoney Creek South Subdivision, located in the SW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Sheridan Lake Road and at the southern terminus of Bendt Drive.

142.         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.

BILLS

143.         No. CC121707-01 Bill List for December 17, 2007

ADDENDUM

144.         No. CC121707-03 – Acknowledge improvements to 2.18 acres of City-owned property

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN