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

January 22, 2008 -- 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 January 7, 2008 

AWARDS AND RECOGNITIONS 

1.                  Veteran for the Month of January, 2008

2.                  Employee Recognition and Award for January, 2008 

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 - 73 

Public Comment opened – Items 3 - 63

Public Comment closed 

CONSENT ITEMS – Items 3 - 63 

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 (February 4, 2008)

3.                  Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled February 21, 2008 at Slingsby and Wright Eye Care Center, 240 Minnesota Street

4.                  Youth and Family Services for a special Beer & Wine License for an event scheduled February 28, March 1 and 2, 2008 at YFS, 120 E. Adams Street

5.                  G S Corp., Inc. dba Casa Re’al, 2315 1/2 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER Norman J. Gary dba Matador Casino, 2315 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

6.                  Moyle Petroleum Company dba Common Cents, 2808 Sheridan Lake Road for a Package (Off-Sale) Malt Beverage License 

Public Works Committee Consent Items

7.                  Acknowledge report on Council computers

8.                  Acknowledge report on technology in Council Chambers

9.                  Request staff to provide a report on drainage area restrictions; and request the Police Department to prepare a crime analysis of the Knollwood Drainage residential area

10.             No. PW011508-02 – Authorize staff to advertise for bids for Anamosa Street Reconstruction from Milwaukee Street to LaCrosse Street Project No. SSW05-1471 and P1648 (00) H020 / CIP #50518

11.             No. PW011508-03 – Authorize staff to advertise for bids for Mall Drive Water Transmission Main Project No. W04-1260 / CIP #50344

12.             No. PW011508-04 – Authorize the Mayor and Finance Officer to sign Letting Authorization, Utilities and Environmental Clearance Certificate and Right-of-Way Certificate, and Voluntary Right-of-Way Donations (4) for the South Dakota Department of Transportation Project No. P1648(00) PCN H020 (Anamosa Street reconstruction project)

13.             No. PW011508-05 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with FMG, Inc. for the Dahl Fine Arts Expansion Project No. ADP04-1367 for an amount not to exceed $4,365.00; with the understanding that the City has agreed to fund a fixed amount

14.             No. PW011508-06 – Authorize the Mayor and Finance Officer to sign Amendment No.3 to Owner-Engineer Agreement with FourFront Design, Inc. for the Red Rock Storage Reservoir Project No. W03-1184 / CIP 50284 for an amount not to exceed $39,902.00

15.             No. 07VE028 - Approve a Vacation of Non-Access Easement for petitioner Renner & Associates for West River Electric Association on Lot WR of the NE1/4 NE1/4, Section 15 T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 3383 Reservoir Road

16.             No. 07VE044 - Approve a Vacation of a portion of a Minor Drainage and Utility Easement for petitioner Sperlich Consulting, Inc. for Howie Construction on Lot 19 of Block 24 of Trailwood Village, located in the N1/2 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located adjacent to the south side of Savannah Street and west of Benjamin Street 

Legal & Finance Committee Consent Items

17.             No. LF011608-01 - Approve request for firearm use for pigeon control at the Cement Plant

18.             No. LF011608-02 – Confirm appointment of David Viall to the Historic Preservation Commission

19.             No. LF011608-03A – Approve Travel Request for Malcom Chapman, Bill Okrepkie, Tom Johnson and Lloyd LaCroix to attend the 2008 Annual Congressional City Conference in Washington , D.C. , March 8-12, 2008 in the approximate amount of $12,859.96

20.             No. LF011608-04 – Acknowledge report on use of property adjacent to Executive Golf Course

21.             No. LF011608-05 – Approve 2008 Allied Arts' City Subsidy Awards

22.             No. LF011608-32 – Approve the adoption of the .16 Utility Fund Spreadsheet as updated

23.             No. LF011608-33 – Approve the Morningstar Utility Oversizing from the .16 Utility Fund

24.             No. LF011608-06 – Authorize Mayor and Finance Officer to sign Medical Director Agreement with Dr. Kelly Manning

25.             No. LF011608-07 – Authorize Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (March 3-14, 2008)

26.             No. LF011608-08 – Authorize Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (May 12-23, 2008)

27.             No. LF011608-09 – Authorize Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (October 20-31, 2008)

28.             No. LF011608-10 – Approve Travel Request for Bill Knight and Jack Tomac, Fire Department, to attend the ICC International Codes Training Seminar in Denver, Colorado March 3-7, 2008 in an approximate amount of $2,711.16 (travel for Growth Management staff to Attend the ICC Seminar in the amount of $2,135 approved January 7, 2008)

29.             Approve Change Order to decrease the amount of the Contract of $31,558.07 with Golden West for the Rapid City Fire Department telephone system by $2,815 due to removal of a piece of equipment from the Contract

30.             No. 07TI022 - Approve a request by Sperlich Consulting, Inc. for Signature Development and the City of Rapid City to consider an application for a Second Revised Project Plan for Tax Increment District No. 61 - Villaggio on Lot 1, Stoney Creek South #2 Subdivision; Unplatted portion of E1/2 NW1/4 SE1/4; NE1/4 SW1/4 SE1/4 and Golden Eagle Drive located in the NE1/4 SW1/4 SE1/4 including Lots H3 and H4; Lot H1 in the SE1/4 SW1/4 SE1/4; Lot H2 in the SW1/4; Lot H2 in the SW1/4 NW1/4 SE1/4 and the NW1/4 SW1/4 SE1/4; W1/2 NW1/4 SE1/4 less Springbrook Acres Subdivision and Less Lot H2; NW1/4 SW1/4 SE1/4 less Lot H2; S495 feet of NE1/4 SE1/4 less Lot 1; SE1/4 SE1/4; Lot 1, Bendert Subdivision; all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 4 and 5, Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between Sheridan Lake Road and South Highway 16 and adjacent to Catron Boulevard.

31.             No. 07TI023 - Approve a request by CETEC Engineering Services for OS Development, Inc. to consider an application for a Creation of Tax Increment District on the S1/2 NE1/4, SE1/4 less Tract 1 of Bradeen Subdivision, Section 22, T1N, R8E; and the W1/2 NE1/4, SE1/4 NE1/4, NE1/4 NE1/4, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of S.D. Highway 44, west of Reservoir Road and east of Elks Meadows.

32.             No. 07TI024 - Approve a request by CETEC Engineering Services for OS Development, Inc. to consider an application for a Tax Increment District Project Plan on the S1/2 NE1/4, SE1/4 less Tract 1 of Bradeen Subdivision, Section 22, T1N, R8E; and the W1/2 NE1/4, SE1/4 NE1/4, NE1/4 NE1/4, Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of S.D. Highway 44, west of Reservoir Road and east of Elks Meadows.

33.             Acknowledge the following volunteers for purposes of workers compensation insurance coverage: Monica Mittinti, Jasmine Gayton

34.             No. LF011608-12 – Authorize Mayor and Finance Officer to sign Janitorial Contract with BH Services, Inc. for Janitorial Services at the Milo Barber Transportation Center.

35.             No. LF011608-13 – Approve Resolution Writing off Credit Balance Water Billing Accounts

36.             No. LF011608-14 – Approve Resolution Writing off Uncollectible Utility Billing Accounts

37.             No. LF011608-15 – Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property for February 19, 2008

38.             No. LF011608-16 – Approve Resolution Establishing Encumbrances

39.             No. LF011608-17 – Approve Resolution Establishing Change Fund for Public Library and Ice Arena

40.             No. LF011608-20 – Approve Travel Request for Jim Preston, Pauline Sumption, Connie Ewing and Tracy Davis to Attend Municipal Day at the Legislature in Pierre, SD, February 5-6, 2008, in the approximate amount of $321 (in addition to the request submitted by Kay Rippentrop)

41.             No. LF011608-21 – Approve Combined Election Agreement between City of Rapid City and Pennington County

42.             No. LF011608-34 – Approve Resolution to Amend the Non-Union Compensation Plan to Establish the Position of Airport Finance and Administration Manager

43.             No. LF011608-22 – Approve Travel Request for Jerry Wright to attend the U.S. Composting Council Conference and Tradeshow including a class on compost use for erosion control and stormwater management in Oakland , CA , February 9-12, 2008 in an approximate amount of $1,660

44.             No. LF011608-23 – Approve Travel Request for Jerry Cole to attend the National Legislative Forum on Parks and Recreation in Washington , DC , March 12-14, 2008 , in an approximate amount of $1,930

45.             No. LF011608-24 – Authorize staff to go out for bids for 11’ high capacity mower

46.             No. LF011608-25 – Authorize staff to go out for bids for one ton dump truck

47.             No. LF011608-26 – Authorize staff to go out for bids for front end loader

48.             No. LF121207-28 – Approve Resolution Directing that City Staff Convert the Current Ten Hour Parking Meters Along Apolda Street to Two Hour Meters

49.             No. LF011608-27 – Approve request from Kenneth Krzyzanowski, d/b/a Mr. Rag’s Ice Cream, for ice cream vending license for 2008

50.             No. LF011608-28 – Acknowledge raffle request from Inyan Kara Riders Corporation

51.             No. LF011608-29 – Authorize Mayor and Finance Officer to sign Amendment to the Contract for Private Development Tax Increment District Number Fifty Four between DTH, LLC and the City of Rapid City, South Dakota

52.             No. LF011608-30 – Approve Travel Request for Jason Green and Joel Landeen to attend Municipal Day at the Legislature in Pierre , SD , February 5-6, 2008 , in the approximate amount of $351.20

53.             No. LF011608-35 – Approve Resolution Supporting the Addition of a Circuit Judge in the Seventh Judicial Circuit

54.             No. LF011608-31 – Approve the following abatements:  American West Communities, Inc. - $475.18; Garry H. Denker - $1,402.72; Shawn J. Dimond - $1,127.04; DTH, LLC - $712.78; DTH, LLC - $907.48; Lois J. Lukens - $233.04; and Dale D. Whitcher - $343.12

55.             Approve the following licenses:  Residential Contractor:  Alfred Burnham, Burnham Construction; Rande Robinson, Robco Construction Services; Kory Hammerbeck, Hammerbeck Homes Co.; David Rietveld, Dave Rietveld Construction; Eugene Britton, Gene’s Carpentry & Home Repair; Kevin & Tracy Fischer, Fischer Homes Inc.; David Hirning, David Hirning Construction; Russell Geranen, Geranen Homes of South Dakota; and Rick & Judith Rondestvedt, J & R Construction; Gas Contractor:  David McCarthy, McCarthy Services; House Mover:  Kent Hazelrigg; Roger Johnson, The Royal Company, SD, Inc. (continued from the January 7, 2008 Council meeting); Electrical Journeyman:  Chad Freeman and David Morterud; Mechanical Contractor:   Glenn Delabarre, Black Hills Surgery Center; Sign Contractor:  Paul Weber, Rushmore Signs; Doug Rumpca, Lamar Outdoor Advertising; Brendan Casey, Epic Outdoor Advertising; Craig Stump, Stump Sign Company; Jack Venable, ABC Signs & Vinyl Graphics; Gary French, French’s Upholstery; Gene & Roxy Hunter, Sign Express; Morgan Wieseler, A-Plus Signs; Rod Parmenter, Gordon Sign; Hank Sponder, Sponder Outdoor Advertising; Lesley Rutter, Unique Signs Inc.; Williard Weber, Solar Sound Corp.; Thomas Farrar, Rosenbaum’s Signs; Todd Koehne, Sign Service & Supply; and George Menke, Pride Neon Inc.; Sewer and Water Journeyman:  Josh Schlacht 

Growth Management Department Consent Items

56.             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. 

57.             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. 

58.             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. 

59.             No. 07PL165 - A request by Renner & Associates for Pete Lien and Sons for a Preliminary Plat on Lot 1 of Lot A and Lot BR of Keller Subdivision, located in the S1/2 of the SE1/4, Section 17, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4, Section 17, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Sturgis Road and north of Universal Drive. 

60.             No. 07PL170 - A request by FMG, Inc. for Jackson Park, LLC for a Preliminary Plat on Lots 1 and 2 of Ray Kraemer Subdivision, formerly Lot 1 of Lot A of the SE1/4 of the SW1/4, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Lot A of the SE1/4 of the SW1/4, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Jackson Boulevard and Central Boulevard. 

61.             No. 07PL171 - A request by Sperlich Consulting, Inc. for Dalwyn Vandenhoek for a Preliminary Plat on Lots 48A and 48B of Village on the Green No. 2 Subdivision located in the NW1/4 of the NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 48 of Village on the Green No. 2 Subdivision located in the NW1/4 of the NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, located on Mulligan Mile 0.369 miles northwest of the intersection of Anina Court and Arena Drive. 

62.             No. 07PL172 - A request by FourFront Design, Inc. for Skyline Pines East, LLP for a Layout Plat on Lot 1 thru 12 of Skyline Pines East Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots A and B of the SE1/4 SE1/4 less Lots 2 and 3 of the SE1/4 and less Right-of-way; Lots B and C of the SW1/4 SE1/4 less Lot 1 of the SE1/4; Lot 1 of the SE1/4 SW1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Tower Road and west of U.S. Highway 16. 

63.             No. 07PL173 - A request by City of Rapid City for a Preliminary Plat on Lots A, B and C of Lot 2 of Block 10 and Block 13, located in the SW1/4 NE1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Block 10 and Lot 2 of Block 13, located in the SW1/4 NE1/4 NW1/4, Section 2, T1N, R7E, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the west side of Skyline Drive and North of Dinosaur Park. 

END OF CONSENT CALENDAR 

Public Comment opened – Items 64 - 73

Public Comment closed 

NON-CONSENT ITEMS – Items 64 - 73 

ORDINANCES

64.             No. LF011608-18 – First Reading, Ordinance No. 5360, Regarding Supplemental Appropriation No. 1 for 2008 

65.             No. 07OA010 – First Reading, Ordinance No. 5361, Adding Banquet Hall with On Sale Liquor Establishments as a Conditional Use in the General Agricultural Zoning District by Amending Section 17.34.030 of the Rapid City Municipal Code 

66.             No. LF011608-19 – First Reading, Ordinance No. 5362, Regarding Supplemental Appropriation No. 2 for 2008 

67.             No. 07RZ077 - First Reading, Ordinance No. 5363, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Reservoir Road and northwest of North Pitch Court. 

68.             No. 07RZ078 - First Reading, Ordinance No. 5363, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Heavy Industrial District on Lots 1A and 2A, located in the SE1/4 of the NW1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5406 Old Folsom Road. 

GROWTH MANAGEMENT DEPARTMENT ITEMS 

LEGAL & FINANCE COMMITTEE ITEMS

69.             No. 07TI021 - A request by Bryan Gonzales for Century Development Co. to consider an application for a Second Revised Project Plan for Tax Increment District #50 - Federal Beef on the southern most 950 feet of I-190 right-of-way and the southern most 950 feet of West Boulevard right-of-way located in the SE1/4 SE1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the west 932 feet of the south 377 feet of the SE1/4 SE1/4 less the north 35 feet dedicated as Thrush Drive (including the vacated Gold Street and the north 45 feet of vacated Anamosa Street adjacent to said parcel) and the adjacent West Boulevard, I-190, Thrush Drive and Gold Street rights-of-way in the SE1/4 SE1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the NE1/4 NE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the S1/2 NE1/4 lying west of I-190 right-of-way, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Tract 17 less Lot H1, Rapid City, Greenway Tract, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the SE1/4, Section 35, T2N, R7E lying north of the Omaha Street right-of-way and west of I-190 right-of-way and the adjacent Omaha Street and I-190 rights-of-way located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and the northern most 160 feet of dedicated 12th Street lying south of Omaha Street located in the SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of US I-190 and West Boulevard North, and north of Omaha Street.   

70.             No. LF121207-27 – Resolution Establishing a Policy to Reimburse the Owners of Private Sewer and Water Service Lines Serving Multiple Residences for the Cost of Repairing or Replacing Such Lines 

PUBLIC WORKS COMMITTEE ITEMS 

BIDS

71.             No. CC012208-02 - Holiday Inn, North Street and Farlow Avenue Water Main Reconstruction Project No. W07-1631 / CIP No. 50465 (opened January 15, 2008) 

MAYOR’S ITEMS 

COUNCIL ITEMS & LIAISON REPORTS 

Reconsideration Notices 

Motion for Delivery of Items from Committee 

STAFF ITEMS 

APPEALS

DARB 

License application appeals 

Sign Code Appeals

72.             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 

73.             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 74 - 133 

Open Public Hearing (comment) -- Items 74 –133 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 74 - 116 

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

Continue the following items until February 4, 2008:

74.             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. 

75.             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. 

76.             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. 

77.             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. 

78.             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. 

79.             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. 

80.             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. 

81.             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. 

82.             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. 

83.             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. 

84.             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. 

85.             No. 07PL147 - A request by Fisk Land Surveying & Consulting Engineers for Thomas E. Lien for a Preliminary Plat on Lots 2 thru 4 of LJS Subdivision, located in the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the N1/2 NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2310 North Maple Avenue. 

86.             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. 

87.             No. 07PL162 - A request by Britton Engineering and Land Surveying, Inc. for Raymond J. Crawford, III for a Preliminary 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. 

88.             No. 07PL164 - A request by Arleth & Associates for a Preliminary Plat on Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the Plat of the Days Inn Tract and Burger King Tract, a replat of Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 719 Jackson Boulevard. 

89.             No. 07PL167 - A request by Dream Design International, Inc. for a Preliminary Plat on Tracts A and B of Rushmore Center, located on a portion of the SE1/4 of the NW1/4 of the SE1/4, a portion of the SW1/4 of the NE1/4 of the SE1/4, a portion of the SW1/4 of the SE1/4, and a portion of the SE1/4 of the SE1/4, all in Section 30, T2N, R8E, BHM; vacated Lots 1 thru 21 , and vacation portion of alley of Block 11, vacated portion of Sunnyside Avenue, and Poplar Avenue, all in Plainview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NW1/4 of the SE1/4, a portion of the SW1/4 of the NE1/4 of the SE1/4, a portion of the SW1/4 of the SE1/4, and a portion of the SE1/4 of the SE1/4, all in Section 30, T2N, R8E, BHM; vacated Lots 1 thru 21 , and vacation portion of alley of Block 11, vacated portion of Sunnyside Avenue, and Poplar Avenue, all in Plainview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of E. Anamosa Street, south of Eglin Street and east of north LaCrosse Street. 

90.             No. 07PL168 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 1R of Lot 3 of Sundance Ridge Subdivision, located in the NW1/4 of the NE1/4 and the NE1/4 of the NW1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 1 of Sundance Ridge Subdivision and the north 389.4 feet of Tract C of the NW1/4 of the NE1/4, located in the NW1/4 of the NE1/4 and the NE1/4 of the NW1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3500 Sheridan Lake Road. 

91.             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.  

92.             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. 

93.             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.  

94.             No. 07SE001 - A request by City of Rapid City for a Special Exception to allow Ten Light Poles in the Hydraulic Floodway on Tract 27 of Rapid City Greenway Tracts, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 125 Waterloo Street. 

95.             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. 

96.             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. 

97.             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. 

98.             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. 

99.             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. 

100.         No. 07SV062 - A request by Fisk Land Surveying & Consulting Engineers for Thomas E. Lien for a Variance to the Subdivision Regulations to waive the requirement to provide water, sewer and sidewalk along Maple Avenue as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2 thru 4 of LJS Subdivision, located in the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the N1/2 NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2310 North Maple Avenue. 

101.         No. 07SV064 - A request by Britton Engineering and Land Surveying, Inc. for Raymond J. Crawford, III for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and sewer as per Chapter 16.16 of the Rapid City Municipal Code 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. 

102.         No. 07SV067 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to intall curb, gutter, sidewalk, street light conduit, water, sewer and pavement along E. Anamosa Street, Luna Avenue and Riley Avenue and the intersection of Riley Avenue and Sunnyside Avenue as per Chapter 16.16 of the Rapid City Municipal Code on Tracts A and B of Rushmore Center, located on a portion of the SE1/4 of the NW1/4 of the SE1/4, a portion of the SW1/4 of the NE1/4 of the SE1/4, a portion of the SW1/4 of the SE1/4, and a portion of the SE1/4 of the SE1/4, all in Section 30, T2N, R8E, BHM; vacated Lots 1 thru 21 , and vacation portion of alley of Block 11, vacated portion of Sunnyside Avenue, and Poplar Avenue, all in Plainview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of the NW1/4 of the SE1/4, a portion of the SW1/4 of the NE1/4 of the SE1/4, a portion of the SW1/4 of the SE1/4, and a portion of the SE1/4 of the SE1/4, all in Section 30, T2N, R8E, BHM; vacated Lots 1 thru 21 , and vacation portion of alley of Block 11, vacated portion of Sunnyside Avenue, and Poplar Avenue, all in Plainview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of E. Anamosa Street, south of Eglin Street and east of North LaCrosse Street. 

103.         No. 07SV068 - 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 along Sunset Vista Road and the Access Easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R of Lot 3 of Sundance Ridge Subdivision, located in the NW1/4 of the NE1/4 and the NE1/4 of the NW1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 1 of Sundance Ridge Subdivision and the north 389.4 feet of Tract C of the NW1/4 of the NE1/4, located in the NW1/4 of the NE1/4 and the NE1/4 of the NW1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3500 Sheridan Lake Road. 

104.         No. 07SV070 - A request by Sperlich Consulting, Inc. for James Letner for a Variance to the Subdivision Regulations to waive the requirement to dedicate ten additional feet of right-of-way along East St. Patrick Street; to waive the requirement to dedicate seventeen additional feet of right-of-way along Creek Drive adjacent to proposed Lot 8; to install additional pavement, curb, gutter, sidewalk and street light conduit along Creek Drive; to install sidewalk along the south side of East St. Charles Street; and, to provide a planting screen easement along East St. Patrick Street and Creek Drive 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 1624 East St. Patrick Street. 

Continue the following items until February 19, 2008:

105.         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. 

106.         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. 

107.         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. 

108.         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. 

109.         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. 

110.         No. 07PL166 - A request by Oliver A. Freimark for a Layout Plat on Lot 1 of Spring Creek Estates Subdivision, located in a portion of the NE1/4 SE1/4, Section 3, T1S, R7E, BHM, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 3, T1S, R7E, BHM, Pennington County, South Dakota, located at 8686 South Highway 16. 

111.         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.  

112.         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. 

Continue the following items until March 3, 2008:

113.         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. 

114.         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. 

115.         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. 

116.         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. 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS 

Close Public Hearing (comment) -- Items 74 – 133 

CONSENT PUBLIC HEARING ITEMS – Item 117 - 118 

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

GROWTH MANAGEMENT ITEMS 

ALCOHOL LICENSES

117.         Black Hills QMG, LLC dba Qdoba Mexican Grill, 741 Mt. View Road for a Retail (On-Off Sale) Malt Beverage License (NO Video Lottery) TRANSFER from Dakota Fresh-Mex, LLC dba Qdoba Mexican Grill, 741 Mt. View Road

118.         Country Stores, Inc. dba BJ’s St. Patrick Street, 701 E St. Patrick Street for a Package (Off Sale) Malt Beverage License TRANSFER from Kusler’s Conoco Inc. dba Kusler’s Conoco, 701 E. St. Patrick Street 

ASSESSMENT ROLLS 

OTHER ITEMS REQUIRING PUBLIC HEARINGS 

END OF CONSENT PUBLIC HEARING CALENDAR 

NON-CONSENT PUBLIC HEARING ITEMS – Items 119 - 133

119.         No. 07FV009 - A request by Ted Rufeldt, Jr. for Rapid City/Pennington County 911 to consider an application for a Fence Height Exception to allow a fence in excess of six feet on the S1/2 W1/2 SE1/4 NW1/4 and the N1/2 W1/2 SE1/4NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 940 Skyline Drive. 

120.         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. 

121.         No. 07CA061 - A request by Sperlich Consulting, Inc. for Double L Properties for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Neighborhood Commercial on the south 210 feet of the east 358 feet of the NE1/4 of the SW1/4, less Lot H-1 located in the NE1/4 of the SW1/4, Section 10, T1N, R7E, BHM, Pennington County, South Dakota, located at 2935 Sheridan Lake Road. 

122.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of water and sewer along Third Street and Rapid Street as they abut 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. (07SV042) 

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. 

124.         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. 

125.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, additional pavement or additional extension of water or sewer main as it abuts 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.   (07SV051) 

126.         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. 

127.         No. 07SV065 - A request by Arleth & Associates for a Variance to the Subdivision Regulations to reduce the Right-of-way width along West Kansas City Street from 59 feet to 55 feet and to reduce the Right-of-Way width along Jackson Boulevard from 100 feet to 65 feet as per Chapter 16.16 of the Rapid City on Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the Plat of the Days Inn Tract and Burger King Tract, a replat of Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 719 Jackson Boulevard. 

128.         No. 07SV066 - A request by Renner & Associates for Pete Lien and Sons for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along Sturgis Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Lot A and Lot BR of Keller Subdivision, located in the S1/2 of the SE1/4, Section 17, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots A and B of Keller Subdivision, located in the S1/2 of the SE1/4, Section 17, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Sturgis Road and north of Universal Drive. 

129.         No. 07SV069 - A request by FMG, Inc. for Jackson Park, LLC for a Variance to the Subdivision Regulations to waive the requirement to construct pavement, curb, gutter, water, sewer, sidewalk, and street light conduit along the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Ray Kraemer Subdivision, formerly Lot 1 of Lot A of the SE1/4 of the SW1/4, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Lot A of the SE1/4 of the SW1/4, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Jackson Boulevard and Central Boulevard. 

130.         No. 07SV071 - A request by Sperlich Consulting, Inc. for Dalwyn Vandenhoek for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and to reduce pavement width and right-of-way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 48A and 48B of Village on the Green No. 2 Subdivision located in the NW1/4 of the NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 48 of Village on the Green No. 2 Subdivision located in the NW1/4 of the NE1/4, Section 13, T1S, R7E, BHM, Pennington County, South Dakota, located on Mulligan Mile 0.369 miles northwest of the intersection of Anina Court and Arena Drive. 

131.         No. 07SV072 - A request by City of Rapid City for a Variance to the Subdivision Regulations to waive the requirement to dedicate Right-of-way, to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement and to waive the requirement that each lot shall be provided with access from a public street as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B and C of Lot 2 of Block 10 and Block 13, located in the SW1/4 NE1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Block 10 and Lot 2 of Block 13, located in the SW1/4 NE1/4 NW1/4, Section 2, T1N, R7E, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the west side of Skyline Drive and North of Dinosaur Park. 

132.         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. 

133.         No. 07RZ076 - Second Reading, Ordinance No. 5359, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Double L Properties for a Rezoning from Low Density Residential District to Neighborhood Commercial District on the south 210 feet of the east 358 feet of the NE1/4 of the SW1/4, less Lot H-1 located in the NE1/4 of the SW1/4, Section 10, T1N, R7E, BHM, Pennington County, South Dakota, located at 2935 Sheridan Lake Road. 

BILLS

134.         No. CC012208-01 Bill List for January 22, 2008

ADDENDUM

AIRPORT UPDATE – State of Air Service in Rapid City (Information only)

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN