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

February 4 , 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 22, 2008 and January 23, 2008 Information Committee Meeting

AWARDS AND RECOGNITIONS

GENERAL PUBLIC COMMENT

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

NON-PUBLIC HEARING ITEMS -- Items 1 - 66

Public Comment opened – Items 1 - 50

Public Comment closed

CONSENT ITEMS – Items 1 - 50

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 19, 2008)

1.                  Debra J. Erickson dba Corner Pantry – LaCrosse Street, 2130 LaCrosse Street for a Package (Off Sale) Liquor License TRANSFER from Kraft Farms, Inc. dba Corner Pantry – LaCrosse Street, 2130 LaCrosse Street

2.                  Central Baseball Association for a special Beer License for an event scheduled March 29, 2008 at Army National Guard Armory, 2823 West Range Road

Public Works Committee Consent Items

3.                  No. PW012908-04 - Acknowledge report on 2008 Local Board of Equalization, March 17-21, 2008

4.                  A request to the Planning Commission to consider a formal amendment to the Neighborhood Commercial Zoning to allow antique stores as a Conditional Use

5.                  No. PW012908-05 - Acknowledge report on Storm Water Quality Regulation Phase II Program

6.                  No. PW012908-07 – Authorize staff to advertise for bids for 2008 Street Painting Contract Project No. PM08-1696 / CIP #50594

7.                  No. PW012908-08 – Authorize staff to advertise for bids for North Maple and East Disk Drive Intersection Reconstruction Project No. ST08-1700 / CIP #50702

8.                  No. PW071508-08R - Identify Sewer Enterprise Fund as the funding source for the Franklin Street sewer replacement project

9.                  No. PW012908-10 – Authorize staff to seek consultant services for 2008 Citywide Geotechnical Investigations, 2008 Citywide Materials Testing contracts and 2008 QA/QC Testing

10.             No. PW012908-11 – Authorize staff to solicit input for downtown street improvements

11.             No. 07EX154 - Approve a request by Dream Design International to consider an exception to Allow a Commercial Driveway Width of 36' in Lieu of 28' along Haines Avenue on Tract C-2, McMahon Subdivision, Section 24, T2N, R7E, BHM, Pennington County, Rapid City, South Dakota (File# 07PD098); with a revised site plan, and the stipulation that a covenant is drafted and signed by the applicant that runs with the land allowing the City to order the access closed in the event that Haines Avenue is expanded in the future.

12.             No. 07EX155 - Approve a request by Dream Design International to consider an exception to Allow Access from a Higher Traveled Street - Haines Avenue on Tract C-2, McMahon Subdivision, Section 24, T2N, R7E, BHM, Pennington County, Rapid City, South Dakota (File# 07PD098); with a revised site plan, and the stipulation that a covenant agreement is drafted and signed by the applicant that runs with the land allowing the City to order the access closed in the event that Haines Avenue is expanded in the future.

13.             No. 07RD007 - Approve a request by Dream Design International to consider an application for a Road Name Change from Sammis Trail to Moon Meadows Drive on the S1/2 NW1/4, S1/2 NE1/4, N1/2 SW1/4, N1/2 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of South Highway 16 and south of Sammis Trail.

Legal & Finance Committee Consent Items

14.             No. LF013008-27 – Confirm appointment of Dr. James McReynolds to the Beautification Committee

15.             No. LF013008-28 – Confirm appointment of John Herr, Bob Brandt (reappointment), and John Brewer (reappointment) to the Development Appeals and Review Board

16.             No. LF013008-30 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding between the City of Rapid City, Rapid City Performing Arts Foundation, and the Rapid City Area School District.

17.             No. LF013008-01 – Acknowledge report on the executive session rules

18.             No. LF013008-02 – Acknowledge Capital Improvements Program Committee monthly update for January, 2008

19.             No. LF013008-03 – Acknowledge report on 2008 Local Board of Equalization March 17-21, 2008

20.             Request City Attorney’s office to prepare an ordinance amendment requiring background checks for peddlers

21.             Request City Attorney’s office to prepare a resolution of support for legislation authorizing municipalities to permit sidewalk cafes

22.             No. LF013008-04 – Authorize staff to purchase three Dodge Durangos from Dodge Town in the total amount of $79,245 for the Police Department

23.             No. LF013008-05 – Authorize staff to advertise for bids for Six Ford Crown Victoria patrol cars for the Police Department

24.             Authorize staff to surplus four (4) AED’s from the Rapid City Department of Fire & Emergency Services (Serial #13742693, #13742692, #11999144, and #11999826)

25.             No. LF013008-06 – Authorize staff to donate two (2) AED’s from the Rapid City Department of Fire & Emergency Services (Serial #13742693 and #13742692) to the Hermosa Volunteer Fire Department

26.             No. 08TP002 – Approve Amendment to the 2008 Unified Planning Work Program

27.             No. LF013008-07 – Authorize Mayor and Finance Officer to sign Agreement with Fisher Beverage, Inc. for the Completion of Landscaping Site Improvements for the Issuance of a Certificate of Occupancy

28.             No. LF013008-25 – Set a hearing on February 19, 2008, for a request to deny a House Mover License for Ross Olson of Modern House Movers, and provide a notice of the hearing directly to the applicant.

29.             No. LF013008-26 – Set a hearing on February 19, 2008, for a request to deny of House Mover License for Russell Puckett of Medicine Root Development, and provide a notice of the hearing directly to the applicant.

30.             No. LF013008-09 – Authorize staff to seek Requests for Proposals for financing the 3rd level of the municipal parking ramp

31.             No. LF013008-10 – Approve Resolution Declaring Property Surplus for the Growth Management Department

32.             No. LF013008-29 – Approve Resolution Authorizing the Issuance of Sales Tax Revenue Refunding Bonds of the City; Pledging a Portion of the Sales Tax Receipts of the City to the Payment of Said Bonds; Authorizing Officers of the City to Approve, Execute and Deliver Certain Agreements and Documents Relating to the Bonds.

33.             No. LF013008-11 – Approve Travel Request for Russ Tiensvold to attend ESRI GIS Training (Building Geodatabases) in Broomfield, CO, and meet with Sanborn Map Company in Colorado Springs, CO, March 9-13, 2008, in the approximate amount of $2,433.60.

34.             No. LF013008-12 – Authorize Mayor and Finance Officer to sign Plan Amendment #3 to the City Healthcare Plan

35.             No. LF013008-13 – Acknowledge Bylaws of City of Rapid City Healthcare Committee

36.             No. LF013008-14 – Approve FY 2008 Annual Action Plan

37.             No. LF013008-24 – Approve amendment to FY 2007 Annual Action Plan to reallocate Micro-Enterprise Funds

38.             No. LF013008-32 - Approve request to use 2012 Funds to provide security system at the Ice Arena

39.             No. LF013008-16 – Authorize Mayor and Finance Officer to sign Agreement with DTH, LLC to Allow for Acceptance of Public Improvements before the Completion of Sidewalks for Rainbow Ridge Subdivision

40.             No. LF013008-17 – Approve Resolution Authorizing the City Attorney to Seek Dismissal of Certain Arrest Warrants Issued for Failure to Pay Fines and Court Costs

41.             No. LF013008-19 – Acknowledge request from Children’s Miracle Network to hold Great Black Hills Duck Race

42.             No. LF013008-20 – Acknowledge raffle request from Kiwanis Club of Rapid City Westside

43.             No. LF013008-21 – Acknowledge raffle request from Youth & Family Services

44.             No. LF013008-23 – Acknowledge raffle request from American Heart Association

45.             No. LF013008-22 – Approve the following abatements: Roderick L. Fuhrer - $937.94; Cheryl M. Mousel - $1,167.66; Pennington County - $118.80

46.             Approve the following licenses:  Central Station Service:  Vector Security, Inc., Anita Ostrowski; Midwest Alarm Co., Inc., Larry McMillen; ADT Security Services, Inc. (Aurora, CO), Sherry McInnes; ADT Security Services, Inc. (Jacksonville, FL), Sherry McInnes; ADT Security Services, Inc. (Kansas City, , MO), Sherry McInnes; ADT Security Services, Inc. (W Henrietta, NY), Sherry McInnes; AST Security Services, Inc. (Papillion, NE), Sherry McInnes; Simplex Grinnell, LP, Janet Anderson; Metals and Gems:  The Gun Shop, John Stone; The Pawn Shop, John Stone; Pawn Shop:  The Pawn Shop, John Stone;  The Gun Shop, John Stone; Second Hand:  The Gun Shop, John Stone; The Pawn Shop, John Stone; Security Business:  Wackenhut Corp., Andrew L. Eisaman;  Black Watch, Ryan R. Schuler; Aramark Facility Services, Dean Walleen; Taxi Business:  Dial-A-Driver, Mark P. Huffman; DUI & DWI Prevention Team Division of STK Security, Daniel McElroy; Sewer and Water Contractor:  Jay Grubl, J. Grubl Excavating; Charles P Beka, Beka Corp; Dwight B Hanna, Zandstra Construction; Art Askland, Askland Construction, Inc.; Larry Nelson, Nelson Ditching & Excavating; R. Chris Howie, Howie Construction; Duane Oehlerking, Kingman Construction, Inc.; Kenneth Reinert, Spearfish Excavating, Inc.; Robert Quinn, Quinn Construction, Inc.; Daniel H Wieczorek, Dan’s Ditching, Inc.; Jim Schnittgrund, Jim’s Plumbing and Heating, Inc.; Bryan J. Rick, Quality Excavating, Inc.; James DeHaan, DeHaan Construction, Inc.; John H. Long, Iron Horse Excavating, Inc.; Charles E. Davis, Midwestern Ditching; Wade Wasserburger, Black Hills Construction, Inc.; Denny Ivans, Avalon Construction; Kenneth Prince, Shamrock Enterprises, Inc.; Trenching Contractors:  Randall L Albers, Checker Electric, Inc.; Thomas J Gagliano, Advanced Electrical, Inc.; Guy Mann, Mann Construction Company; Jared Tordsen, Tordsen Backhoe Service; Dale Christiansen, Honey Creek Landscape, Inc.; Perry Bicek, Bicek Construction; Ryan Kelly, Dean Kelly Construction, Inc.; Tim Duda, Slate Ridge Builders, Inc.; Jacob Ankele III, Iron Horse Excavating, Inc.; Ryan Kaski, Kaski Homes, Inc.; Douglas Wilson, Scull Construction Service, Inc.; Sewer and Water Journeyman:  Michael Leiby, Mike Von Colln, Scott Bolton, John Tippman, Jack Corr, Rob Davis, Lonnie John Harmon, Rodney Rilling, Donald Brumbaugh, Jeremy Larson; Trenching Journeyman:  Larry J Nelson, Duane L Olesen, Brian Beka, Ron Hazen, Brant Scott Mann, Richard C Walter, Robert A Stanfiel, Justin Haider; Jeff Russell, Gene Jensen, Robert Ford; Residential Contractor:  Peg & Jay Smits, Smits Remodeling; Sign Contractor:  Ron Conrad, Conrad’s Big C Signs; and Barney Jorensen, Barney’s Signs; Mobile Home Court:  Brenda Draper, Brookdale Mobile Home Estates; Jennie Rosenkranz, Ash Avenue Mobile Home Park; Pacos Properties, Wheel Estates Mobile Court; N G B Investment Co., Richland Mobile Home Estates; Paradis Properties LLC, Sunshine Mobile Court; Terry Whitmyre, Golden Acres; and Gail Miller, Pleasant Acres Mobile Home Court; Travel Park:  Sherry & Scott Nelson, Lake Park Campground; and Larry & Dee Lembcke, Lazy J RV Park & Campground; House Mover:  Ron Huntley, Huntley Concrete Inc.

Growth Management Department Consent Items

47.             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.

48.             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.

49.             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.

50.             No. 07PL179 - A request by Britton Engineering and Land Surveying, Inc. for Ralph and Sylvia Vojta for a Layout Plat on Lots 14R and 15R of Block 2 of Highland Hills Subdivision, located in the NE1/4 of the SE1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lots 14 and 15 of Block 2 of Highland Hills Subdivision, located in the NE1/4 of the SE1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at 8710 Highland Hills Road.

END OF CONSENT CALENDAR

Public Comment opened – Items 51 - 66

Public Comment closed

NON-CONSENT ITEMS – Items 51 - 66

ORDINANCES

51.             No. LF013008-18A – First Reading, Ordinance No. 5365, to update the City’s Campaign Finance Disclosure Requirements by Amending Chapter 2.32 of the Rapid City Municipal Code

52.             No. 08RZ001 - First Reading, Ordinance No. 5366, 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 to Heavy 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: N04Ί18’35”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 07Ί43’51”, a length of 404.79 feet, a chord bearing of N81Ί52’30”E, and chord distance of 404.48 feet; Thence, third course: N78Ί00’34”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 11Ί21’28”, a length of 198.23 feet, a chord bearing of S17Ί40’09”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 01Ί08’47”, a length of 20.01 feet, a chord bearing of S23Ί55’17”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 08Ί33’39”, a length of 89.65 feet, a chord bearing of S28Ί46’30”E, and chord distance of 89.57 feet; Thence seventh course: S56Ί56’40”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 02Ί21’34”, a length of 26.77 feet, a chord bearing of N31Ί52’33”W, and chord distance of 26.76 feet; Thence ninth course: S59Ί18’14”W, a distance of 311.85 feet; Thence tenth course: S08Ί30’44”E, a distance of 235.10 feet, to a point on the section 1/16 line; Thence eleventh course: N89Ί56’36”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: N00Ί01’20”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 Marlin Drive and Creek Drive.

53.             No. 08RZ002 - First Reading, Ordinance No. 5367, 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 Signature Homes, LLC for a Rezoning from Low Density Residential to Medium Density Residential on a portion of Government Lot 4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning. Thence, first course: N00Ί07’57”E, a distance of 607.71 feet, Thence, second course: S89Ί45’23”E, a distance of 348.37 feet; Thence, third course: S45Ί18’29”E, a distance of 148.27 feet; Thence, fourth course: S41Ί57’10”E, a distance of 97.30 feet; Thence, fifth course: S60Ί00’17”E, a distance of 82.33 feet; Thence, sixth course: S74Ί07’50”E, a distance of 100.83 feet; Thence, seventh course: S89Ί41’41”E, a distance of 89.82 feet; Thence, eighth course: N85Ί07’42”E, a distance of 72.62 feet; Thence, ninth course: N74Ί29’46”E, a distance of 101.06 feet; Thence, tenth course: N56Ί32’29”E, a distance of 93.59 feet; Thence, eleventh course: S59Ί22’45”E, a distance of 105.77 feet; Thence, twelfth course: S89Ί45’23”E, a distance of 54.68 feet; Thence, thirteenth course: S00Ί14’37”W, a distance of 117.37 feet; Thence, fourteenth course: S89Ί45’23”E, a distance of 100.00 feet; Thence, fifteenth course: S00Ί14’37”W, a distance of 40.61 feet; Thence, sixteenth course: S89Ί37’07”E, a distance of 20.52 feet, to the northwesterly corner of Lot 1 of Mailloux Subdivision in Lot B in the SE Ό of the SW Ό of Section 18, T2N, R8E, BHM; Thence, seventeenth course: S00Ί23’45”W, along the westerly boundary of said Lot 1, a distance of 208.56 feet, to the southwesterly corner of said Lot 1; Thence, eighteenth course: S00Ί23’45”W, a distance of 33.00 feet, to a point on the section line common to Sections 18, and 19; Thence, nineteenth course: N89Ί35’54”W, along the section line common to Sections 18, and 19, a distance of 1290.05 feet, to the Section Corner common to Sections 13, 18, 19, and 24, and the point of beginning, located north of Country Road, east of Cobalt Avenue and west of 143rd Street.

54.             No. 08RZ003 - First Reading, Ordinance No. 5368, 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 Signature Homes, LLC for a Rezoning from Low Density Residential to Medium Density Residential on a portion of the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the Section Corner common to Sections 17, 18, 19, and 20, Thence N89Ί37’14”W, along the section line common to Sections 18 and 19, a distance of 333.22 feet, to the point of beginning; Thence, first course: N89Ί37’14”W, along the section line common to Sections 18 and 19, a distance of 1678.81 feet; Thence, second course: N00Ί22’46”E, a distance of 33.00 feet, to the southeasterly corner of Lot A of the SW1/4 of the SE1/4 of Section 18, T2N, R8E, BHM; Thence, third course: N00Ί25’46”E, along the easterly boundary of said Lot A, a distance of 208.20 feet, to the northeasterly corner of said Lot A; Thence, fourth course: S89Ί34’30”E, a distance of 199.01 feet; Thence, fifth course: N00Ί14’37”E, a distance of 610.83 feet; Thence, sixth course: S89Ί45’23”E, a distance of 234.88 feet; Thence, seventh course: S39Ί45’06”E, a distance of 91.40 feet; Thence, eighth course: S74Ί45’23”E, a distance of 71.54 feet; Thence, ninth course: N50Ί14’54”E, a distance of 78.96 feet; Thence, tenth course: S39Ί45’06”E, a distance of 14.60 feet; Thence, eleventh course: curving to the right, on a curve with a radius of 224.00 feet, a delta angle of 23Ί40’06”, a length of 92.53 feet, a chord bearing of S27Ί55’03”E, and chord distance of 91.88 feet; Thence, twelfth course: N73Ί55’00”E, a distance of 208.37 feet; Thence, thirteenth course: N39Ί45’06”W, a distance of 712.01 feet, to a point on the section 1/16th line; Thence, fourteenth course: S89Ί33’44”E, along the section 1/16th line, a distance of 1256.40 feet; Thence, fifteenth course: S00Ί02’35”W,  a distance of 975.25 feet, to the northwesterly corner of Lot 1 of North Haines Subdivision; Thence, sixteenth course: S00Ί02’34”W, along the westerly boundary of said Lot 1, a distance of 299.94 feet, to the southwesterly corner of said Lot 1; Thence, seventeenth course: S00Ί22’46”W, a distance of 50.01 feet, to a point on the section line common to Sections 18 and 19 and the point of beginning, located north of Country Road, east of Cobalt Avenue and west of 143rd.

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

56.             No. 07OA010 – Second 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

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

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

58.             No. LF013008-08 – Authorize Mayor and Finance Officer to sign renew Agreement with Black Hills Electric Cooperative and West River Electric Association to reduce the gross receipts tax paid by each from 2% to 1%

59.             No. LF013008-31 – Authorize Mayor and Finance Officer to sign Section 457 Plan Document with Digital Retirement System

60.             Disposal of land at intersection of Elk Vale Road and Highway 44

PUBLIC WORKS COMMITTEE ITEMS

61.             No. PW012908-06 – Approve Change Order No. 3 for Civic Center Multipurpose Addition – Bid Package 2 Project No. to Sampson Construction for an increase of $17,517.00

62.             No. PW012908-09 – Authorize Mayor and Finance Officer to sign Amendment No. 3 to a Professional Services Agreement with FourFront Design, Inc. for the Civic Center Expansion Project No. IDP06-1555 for reimbursable costs for an amount not to exceed $26,008.74

63.             No. PW011508-07 – Authorize Mayor and Finance Officer to sign an Agreement to Share Sanitary Sewer Main Construction and Engineering Costs with Joel and Rebecca Anderson to construct an extension of the public sanitary sewer in accordance with current city ordinances and specifications for 810 West Boulevard North

64.             No. 07SE001 - Deny a request by City of Rapid City to consider an application 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, more generally described as being located at 125 Waterloo Street

BIDS

65.             No. CC020408-02 - One (1) 100’ Aerial Ladder Truck for Fire and Emergency Services Department (opened January 22, 2008)

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

66.             Vision 2012 Update, Public Works Director Jablonski

APPEALS

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 67 - 115

Open Public Hearing (comment) -- Items 67 –115

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 67 - 87

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

Continue the following items until February 19, 2008:

67.             No. 07CA062 - A request by Dream Design International, Inc. for Signature Homes, LLC for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by relocating a minor arterial street on Sections 18 and Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located on the proposed LaCrosse Street north of Seger Drive.

68.             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.

69.             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.

70.             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.

71.             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.

72.             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.

73.             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.

74.             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.

75.             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.

76.             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.

77.             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.

78.             No. 07PL178 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Todd Christoffer of First National Bank for a Preliminary Plat on Lots A and B of Lot 1 of Block 1 of Hilltop Business Park Subdivision, located in the NE1/4, Section 4, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 1 of Hilltop Business Park Subdivision, located in the NE1/4, Section 4, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elk Vale Road and Homestead Street.

79.             No. 07PL180 - A request by Dream Design International for Signature Homes, LLC for a Layout Plat on Lots 1 thru 263 and Tracts A, B, D, E, F, G, H, I, J and K of Prairie Meadows Subdivision, located in Section 18, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Government Lot 4 less Right-of-way, the unplatted balance of the SE1/4 SW1/4, and the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Country Road,  east of Cobalt Avenue and west of 143rd Street.

80.             No. 07SV022 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Alan A. Neiger for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, and to reduce the pavement width from 26 feet to 21 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 Revised and Lot of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 5 (less Lot H1) and the balance of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Highland Park Drive and Mount Rushmore Road.

81.             No. 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.

82.             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.

83.             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.

84.             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.

85.             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.

86.             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.

87.             No. 07SV073 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Todd Christoffer of First National Bank for a Variance to the Subdivision Regulations to reduce the pavement width from 26 feet to 24 feet within the shared access easement; and to reduce the  shared access easement from 59 feet to 30 feet; to waive the requirement to install sidewalk, street light conduit, sewer, water within the shared access easement; to waive the requirement to install sidewalks, curb, gutter along Elk Vale Road; to waive the requirement to install sidewalks along Homestead Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots A and B of Lot 1 of Block 1 of Hilltop Business Park Subdivision, located in the NE1/4, Section 4, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 1 of Hilltop Business Park Subdivision, located in the NE1/4, Section 4, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elk Vale Road and Homestead Street.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 67 – 115

CONSENT PUBLIC HEARING ITEMS – Item 88 - 94

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

88.             Laural A. Hawkins dba RAXX Billiards, 2310 N. Maple Avenue for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery (continued at 11/19/2007; 12/17/2007 Council meetings)

89.             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

90.             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

91.             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

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

ASSESSMENT ROLLS

93.             No. PW010208-14 – Approve Resolution Levying Revised Assessment for Sidewalk Improvements Project No. SWK07-1611

94.             No. LF010208-10 – Approve Resolution Levying Assessment for Cleanup of Miscellaneous Property

OTHER ITEMS REQUIRING PUBLIC HEARINGS

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 95 - 115

95.             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.

96.             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: N04Ί18’35”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 07Ί43’51”, a length of 404.79 feet, a chord bearing of N81Ί52’30”E, and chord distance of 404.48 feet; Thence, third course: N78Ί00’34”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 11Ί21’28”, a length of 198.23 feet, a chord bearing of S17Ί40’09”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 01Ί08’47”, a length of 20.01 feet, a chord bearing of S23Ί55’17”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 08Ί33’39”, a length of 89.65 feet, a chord bearing of S28Ί46’30”E, and chord distance of 89.57 feet; Thence seventh course: S56Ί56’40”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 02Ί21’34”, a length of 26.77 feet, a chord bearing of N31Ί52’33”W, and chord distance of 26.76 feet; Thence ninth course: S59Ί18’14”W, a distance of 311.85 feet; Thence tenth course: S08Ί30’44”E, a distance of 235.10 feet, to a point on the section 1/16 line; Thence eleventh course: N89Ί56’36”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: N00Ί01’20”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.

97.             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: N78Ί00’34”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: N78Ί00’34”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 03Ί39’13”, a length of 63.77 feet, a chord bearing of N76Ί10’58”E, and chord distance of 63.76 feet; Thence, fourth course: N74Ί21’21”E, a distance of 66.33 feet; Thence, fifth course: S15Ί38’39”E, a distance of 29.50 feet; Thence, sixth course: S74Ί21’21”W, a distance of 54.43 feet; Thence, seventh course: S26Ί59’57”E, a distance of 151.65 feet; Thence, eighth course: S56Ί56’40”W, a distance of 309.27 feet; Thence, ninth course: S56Ί56’40”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 08Ί33’39”, a length of 89.65 feet, a chord bearing of N28Ί46’30”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 01Ί08’47”, a length of 20.01 feet, a chord bearing of N23Ί55’17”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 11Ί21’28”, a length of 198.23 feet, a chord bearing of N17Ί40’09”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.

98.             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 05Ί11’13”, a length of 272.92 feet, a chord bearing of N79Ί49’24”E, and chord distance of 272.83 feet; Thence, second course: S15Ί38’39”E, a distance of 95.46 feet; Thence, third course: S74Ί21’21”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 03Ί39’13”, a length of 63.77 feet, a chord bearing of S76Ί10’58”W, and chord distance of 63.76 feet; Thence fifth course: S78Ί00’34”W, a distance of 66.26 feet, to the end of dedicated Marlin Drive centerline; Thence sixth course: S78Ί00’34”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 05Ί21’24”, a length of 93.49 feet, a chord bearing of N09Ί18’43”W, and chord distance of 93.46 feet; Thence eight course: N06Ί38’01”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 00Ί57’11”, a length of 50.15 feet, a chord bearing of N82Ί50’59”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.

99.             No. 07CA063 - 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 with a Planned Industrial Development 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: N04Ί18’35”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 07Ί43’51”, a length of 404.79 feet, a chord bearing of N81Ί52’30”E, and chord distance of 404.48 feet; Thence, third course: N78Ί00’34”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 11Ί21’28”, a length of 198.23 feet, a chord bearing of S17Ί40’09”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 01Ί08’47”, a length of 20.01 feet, a chord bearing of S23Ί55’17”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 08Ί33’39”, a length of 89.65 feet, a chord bearing of S28Ί46’30”E, and chord distance of 89.57 feet; Thence seventh course: S56Ί56’40”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 02Ί21’34”, a length of 26.77 feet, a chord bearing of N31Ί52’33”W, and chord distance of 26.76 feet; Thence ninth course: S59Ί18’14”W, a distance of 311.85 feet; Thence tenth course: S08Ί30’44”E, a distance of 235.10 feet, to a point on the section 1/16 line; Thence eleventh course: N89Ί56’36”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: N00Ί01’20”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.

100.         No. 07CA064 - 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 with a Planned Commercial Development 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: N78Ί00’34”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: N78Ί00’34”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 03Ί39’13”, a length of 63.77 feet, a chord bearing of N76Ί10’58”E, and chord distance of 63.76 feet; Thence, fourth course: N74Ί21’21”E, a distance of 66.33 feet; Thence, fifth course: S15Ί38’39”E, a distance of 29.50 feet; Thence, sixth course: S74Ί21’21”W, a distance of 54.43 feet; Thence, seventh course: S26Ί59’57”E, a distance of 151.65 feet; Thence, eighth course: S56Ί56’40”W, a distance of 309.27 feet; Thence, ninth course: S56Ί56’40”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 08Ί33’39”, a length of 89.65 feet, a chord bearing of N28Ί46’30”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 01Ί08’47”, a length of 20.01 feet, a chord bearing of N23Ί55’17”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 11Ί21’28”, a length of 198.23 feet, a chord bearing of N17Ί40’09”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.

101.         No. 07CA065 - 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 with a Planned Commercial Development 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 05Ί11’13”, a length of 272.92 feet, a chord bearing of N79Ί49’24”E, and chord distance of 272.83 feet; Thence, second course: S15Ί38’39”E, a distance of 95.46 feet; Thence, third course: S74Ί21’21”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 03Ί39’13”, a length of 63.77 feet, a chord bearing of S76Ί10’58”W, and chord distance of 63.76 feet; Thence fifth course: S78Ί00’34”W, a distance of 66.26 feet, to the end of dedicated Marlin Drive centerline; Thence sixth course: S78Ί00’34”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 05Ί21’24”, a length of 93.49 feet, a chord bearing of N09Ί18’43”W, and chord distance of 93.46 feet; Thence eight course: N06Ί38’01”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 00Ί57’11”, a length of 50.15 feet, a chord bearing of N82Ί50’59”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.

102.         No. 07CA066 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Agriculture to Heavy Industrial on Lots 1A and 2A 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.

103.         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 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. (07SV048)

104.         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.

105.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Sunset Vista Road and the Access Easement as they abut 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.  (07SV068)

106.         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.

107.         No. 07SV074 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to allow platting half of a Right-of-Way along Sunset Vista Road as per Chapter 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.

108.         No. 07VR013 - A request by CETEC Engineering Services, Inc. for Lawrence Dickey and Janice Morgan for a Vacation of Right-of-way on a 40 foot parkway dedicated to the public across Lots C and D of Lot 12, located in the SE1/4 of the NE1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located at 3782 E. Highway 44.

109.         No. 07VR014 - A request by Dennis and Janine Walz for a Vacation of Right-of-Way on Lot 1 of Lot AR of Lot 1, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3401 W. South Street.

110.         No. 07VR015 - A request by FFFZ, LLC for a Vacation of Right-of-Way on Kirkeby Lane Right-of-way adjacent to Tract  FW-2 of FW-1 Addition, and Lots 8 thru 14 of Log Cabin Park Subdivision, Section 35, T2N, R7E, and Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1830 West Main Street.

111.         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: N04Ί18’35”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 07Ί43’51”, a length of 404.79 feet, a chord bearing of N81Ί52’30”E, and chord distance of 404.48 feet; Thence, third course: N78Ί00’34”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 11Ί21’28”, a length of 198.23 feet, a chord bearing of S17Ί40’09”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 01Ί08’47”, a length of 20.01 feet, a chord bearing of S23Ί55’17”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 08Ί33’39”, a length of 89.65 feet, a chord bearing of S28Ί46’30”E, and chord distance of 89.57 feet; Thence seventh course: S56Ί56’40”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 02Ί21’34”, a length of 26.77 feet, a chord bearing of N31Ί52’33”W, and chord distance of 26.76 feet; Thence ninth course: S59Ί18’14”W, a distance of 311.85 feet; Thence tenth course: S08Ί30’44”E, a distance of 235.10 feet, to a point on the section 1/16 line; Thence eleventh course: N89Ί56’36”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: N00Ί01’20”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.

112.         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: N78Ί00’34”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: N78Ί00’34”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 03Ί39’13”, a length of 63.77 feet, a chord bearing of N76Ί10’58”E, and chord distance of 63.76 feet; Thence, fourth course: N74Ί21’21”E, a distance of 66.33 feet; Thence, fifth course: S15Ί38’39”E, a distance of 29.50 feet; Thence, sixth course: S74Ί21’21”W, a distance of 54.43 feet; Thence, seventh course: S26Ί59’57”E, a distance of 151.65 feet; Thence, eighth course: S56Ί56’40”W, a distance of 309.27 feet; Thence, ninth course: S56Ί56’40”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 08Ί33’39”, a length of 89.65 feet, a chord bearing of N28Ί46’30”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 01Ί08’47”, a length of 20.01 feet, a chord bearing of N23Ί55’17”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 11Ί21’28”, a length of 198.23 feet, a chord bearing of N17Ί40’09”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.

113.         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 05Ί11’13”, a length of 272.92 feet, a chord bearing of N79Ί49’24”E, and chord distance of 272.83 feet; Thence, second course: S15Ί38’39”E, a distance of 95.46 feet; Thence, third course: S74Ί21’21”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 03Ί39’13”, a length of 63.77 feet, a chord bearing of S76Ί10’58”W, and chord distance of 63.76 feet; Thence fifth course: S78Ί00’34”W, a distance of 66.26 feet, to the end of dedicated Marlin Drive centerline; Thence sixth course: S78Ί00’34”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 05Ί21’24”, a length of 93.49 feet, a chord bearing of N09Ί18’43”W, and chord distance of 93.46 feet; Thence eight course: N06Ί38’01”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 00Ί57’11”, a length of 50.15 feet, a chord bearing of N82Ί50’59”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.

114.         No. 07RZ077 - Second 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.

115.         No. 07RZ078 - Second Reading, Ordinance No. 5364, 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.

BILLS

116.         No. CC020408-01 Bill List for February 4, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN