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

March 17 , 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 February 19, 2008

AWARDS AND RECOGNITIONS

APPROVE MINUTES for March 3, 2008

AWARDS AND RECOGNITIONS

1.                  Veteran for the Month of March, 2008

2.                  Employee Recognition and Award for March, 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 - 71

Public Comment opened – Items 3 - 49

Public Comment closed

CONSENT ITEMS – Items 1 - 49

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

Vacations of Right-Of-Way Set for Hearing (April 21, 2008)

3.                  No. 08VR003 - A request by FourFront Design, Inc. for Youth & Family Services, Inc. for a Vacation of Right-of-way on the Monroe Street Right-of-way on the north 14 feet of Monroe Street contiguous with Lot A of Block 12, Wise's Addition, located in the SE1/4 of the NW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 410 East Monroe Street.

Alcoholic Beverage License Applications Set for Hearing (None)

Public Works Committee Consent Items

4.                  Acknowledge the status report on Well No. 12

5.                  No. PW031108-01 - Authorize staff to advertise for bids for Liquid Polymer Additive for Water Treatment Plan

6.                  No. PW031108-02 - Authorize staff to advertise for bids for Class 8, Tandem Axel Dump Truck Replacement for Water Division

7.                  No. PW031108-03 - Authorize staff to advertise for bids for 2008 Pavement Marking Contract No. PM081705 for Traffic Division

8.                  No. PW031108-05 - Authorize staff to advertise for bids for Rapid City Parks and Recreation Department Canyon Lake Maintenance Building (new 6,750 SF Park Maintenance Shop)

9.                  No. PW031108-06 - Authorize staff to advertise for bids for Dover Lane Water Main Reconstruction Project No. W08-1707

10.             No. PW031108-07 - Authorize staff to advertise for bids for 43rd Court Water Main Reconstruction Project No. ST06-1529

11.             No. PW031108-04 - Authorize staff to advertise for bids for Rapid City Bus Storage Facility, Phase 2 Project No. IDP07-1636 (renovation of former Ziggy’s Building, 760 Centre Street)

12.             No. PW031108-08 - Authorize the Mayor and Finance Officer to sign Amendment No. 2 to a Professional Services Agreement with Ferber Engineering Company, Inc. for LaCrosse Street Drainage Improvements Project No. DR01-1157 / CIP #50438 for an amount not to exceed $5,370

13.             No. PW031108-09 - Authorize the Mayor and Finance Officer to sign an Agreement with Kummer & Steele Partnership for Payment of Sewer and Water Construction Fees

14.             No. PW031108-10 - Authorize the Mayor and Finance Officer to sign a Sewer Construction Fee Resolution for Kummer & Steele Partnership Sewer Main Boring

15.             No. PW031108-11 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Kummer & Steele Partnership Water Main Boring

16.             No. PW031108-12 - Authorize the Mayor and Finance Officer to sign an Agreement with American Engineering Testing, Inc. for Geotechnical Study for Meadowbrook Drive Reconstruction Project ST08-1708 CIP#50338 for an amount not to exceed $2,139.00

17.             No. PW031108-13 - Authorize the Mayor and Finance Officer to sign a Covenant Agreement with G and G Investments LLP for the Acquisition of a Permanent Utility Easement / Land Purchase for the Elk Vale Reservoirs. Easement to be funded by the Utility Facility (.16) Fund; and eligible for repayment by Tax Increment District 42

18.             No. PW031108-14 - Authorize the Mayor and Finance Officer to sign a Covenant Agreement with VSADD Holdings, LLC for Cost Sharing of Extending Sewer Main to Serve 2020 Jackson Boulevard (construction of Sanitary Sewer, Project #SS06-1587)

19.             No. PW031108-18 - Waive the 180 day filing requirement; and approve reimbursement in the amount of $3,123.87 to Edgar Matuska, 2820 West Main Street for damages from a sewer backup in January, 2007

20.             No. PW031108-19 - Approve a request to Seek Proposals for Engineering Services for the Allen Avenue Alley Sewer Reconstruction Project SS08-1710 / CIP #50419; and Blaine, Halley, Holcomb, E. Jackson and N. Maple Sewer Reconstruction Project SS08-1711 / CIP #50420

21.             No. 08VE001 - Approve with stipulations, a request by C. Michael Homes, Inc. to consider an application for Vacation of Non-Access Easement, located south of the intersection of Cog Hill Lane and Sahalee Drive

22.             No. PW031108-20 - Approve a request by Black Hills Harley-Davidson for temporary use of a Conditional Use Permit, pursuant to Section 17.18.040 of the Rapid City Municipal Code for a collaborative project with the Black Hills Area Habitat for Humanity from May 14, 2008 – May 25, 2008

Legal & Finance Committee Consent Items

23.             Request the City Attorney’s office to draft a resolution of support regarding increasing the wholesale liquor tax at approximately 10 cents a drink on the retail level

24.             No. LF031208-01 – Acknowledge report on 2007 All Nighter Adult Softball Tournament and approve a request for tournament to be held June 13-14, 2008

25.             No. LF031208-02 – Approve request from the Rapid City Girls Junior Olympic ASA Softball Organization that the City waive any costs involved with using the City's portable bleachers at Pete Lien Field for the 2008 USA Olympic Softball Game to be played on July 15, 2008, and to name the City of Rapid City as an additional insured.

26.             No. LF031208-03 – Approve request from the Rapid City Girls Junior Olympic ASA Softball Organization to relocate the recycle bins and compost collection bins currently located in the parking lot at Pete Lien Memorial Field for approximately 7 days.

27.             No. LF031208-04 – Confirm appointment of Mike Albertson to the DARB Board.

28.             No. LF031208-05 – Confirm appointment of Malcom Chapman as City Council Representative to the GIS/LIS Committee.

29.             No. LF031208-06 – Approve Resolution Setting April 26, 2008, as Clean Up Day.

30.             No. LF031208-20 – Confirm Appointment of Gene Fennel, Jaimie Stampe, Dave St. Pierre, Bill Barber, Brad Solon, and Tim Behlings to the 2006 IBC Review Board.

31.             Authorize expenditure of up to $28,000 for engine replacement and to declare this as an emergency.

32.             No. LF031208-08 – Approve Travel Request for Brian Maliske to attend IAAM Conference and Trade Show in Anaheim, CA, July 26-30, 2008, in the approximate amount of $2,155.

33.             No. LF031208-09 – Approve Travel Request for Larry Dale to attend NAC Annual Convention in Anaheim, CA, July 26-30, 2008, in the approximate amount of $2,055.

34.             No. LF031208-10 – Request the Mayor to appoint and the City Council to confirm a task force consisting of representatives from the Rapid City Planning Commission, the City Council, and members of the community which would meet individually with the various other entities affected by the potential expansion of the platting jurisdiction and bring back a recommendation to the Planning Commission.

35.             No. LF031208-22 – Approve Amended Travel Request for Monica Heller, Community Planning Coordinator and Jared Ball, Planner I to attend the American Planning Association National Planning Conference in Las Vegas, Nevada, April 27-May 1, 2008, in the approximate amount of $3,674.

36.             No. LF031208-11 – Approve Resolution Declaring Property Surplus

37.             No. LF031208-12 – Approve Travel Request for Russ Tiensvold, GIS Coordinator to attend the ESRI User Conference in San Diego, CA August 4-8, 2008 (travel dates August 3-8) in an approximate amount of $1,630.00.

38.             No. LF031208-13 – Authorize Mayor and Finance Officer to sign Local Governing Body Approval Letter for WAVI for Emergency Shelter Grant Funds for the Operation of the Shelter.

39.             No. LF031208-14 – Authorize staff to negotiate Professional Service Agreement for design of third level of the 6th Street parking ramp structure.

40.             No. LF031208-15 – Authorize Mayor and Finance Officer to sign Urban Public Transportation Grant Agreement.

41.             No. LF031208-16 – Authorize Mayor and Finance Officer to sign Professional Service Agreement with BF Variety Store, Inc., d/b/a Matt Kimball for Pro Shop Concessionaire and Adult Golf Instructor at Meadowbrook and Executive Golf Courses.

42.             No. LF031208-17 – Authorize Mayor and Finance Officer to sign Land and Water Conservation Fund Grant for Vicki Powers Park Playground.

43.             No. LF031208-18 – Authorize Mayor and Finance to sign Covenant Agreement between the City of Rapid City and Good Guys, LLC to Allow Shared Parking and Landscaping at Tuscany Square.

44.             No. LF031208-19 – Acknowledge Raffle Request for South Dakota Association for Lifelong Learning.

45.             Approve the following licenses:  Electrical Journeyman:  Dennis Wentworth; Sign Contractor:  Michael Boll, Black Hills Tent & Awning; Mechanical Apprentice:  Andrew Fletcher and Shane Conklin; Mechanical Installer:  Victor Wood.

Growth Management Department Consent Items

46.             No. 08AN001 - A request by Fisk Land Surveying & Consulting Engineers for Paul Bradsky of Atlantis, LLC for a Petition for Annexation on a portion of Tract E of W-Y Addition located in the W1/2 SW1/4 of Section 27, T2N, R8E, BHM, Pennington County, South Dakota, as shown on the plat filed May 21, 1974 and recorded in Book 13 of Plats on Page 158, more fully described as follows: Beginning at the southwest corner of said Tract E of W-Y Addition, said point being located along the northerly line of adjoining railroad right-of-way and also coincident with the southeast corner of Lot 1 of Atlantis Subdivision, as shown on the plat filed December 15, 2005 and recorded in Book 33 of Plats on Page 123; thence, northwesterly along the west line of said Tract E of W-Y Addition and along the east line of said Lot 1 of Atlantis Subdivision, N14º48’51”W, a distance of 204.91 feet, more or less to the northeast corner of said Lot 1 of Atlantis Subdivision, said point being coincident with the southeast corner of Lot 2 of Davis Subdivision, as shown on the plat filed February 20, 2003 and recorded in Book 31 of Plats on Page 57; thence, N75º10’43”E a distance of 317.85 feet more or less, to a point on the east line of said Tract E of W-Y Addition, said point also being located on the west line of Lot 2 of Wal-East Subdivision, as shown on the plat filed August 17, 2000 and recorded in Book 29 of Plats on Page 88; thence southeasterly along the east line of said Tract E of W-Y addition and along the westerly line of Lot 2 of Wal-East Subdivision, S14º48’25”E a distance of 142.78 feet more or less to the southeast corner of said Tract E of W-Y Addition, said point being coincident with the southwest corner of Lot 2 of Wal-East Subdivision and also located along the northerly edge of the adjoining railroad right-of-way; thence, curving to the right along the southerly edge of said Tract E of W-Y Addition and along the northerly edge of the adjoining railroad right-of-way, along a curve with a radius of 5679.58 feet, a central angle of 3º16’03”, an arc length of 323.90 feet, and a chord bearing and distance of S64º07’04”W 323.86 feet more or less, to the point of beginning, located at 4301 South Interstate 90 Service Road.

47.             No. 08PL001 - A request by Black Hills Surveying for Duane Hosek for a Preliminary Plat on Lots 1 and 2 of Hosek Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all of Block 24 of Mahoney Addition, less the west 25 feet, less the south eight and one half feet and the east eight and one half feet, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1509 Midway.

48.             No. 08PL013 - A request by Fisk Land Surveying & Consulting Engineers for Hewey Clemmons for a Layout Plat on Lots A, B and C of Clemmons Addition, located in the S1/2 SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of the balance of Lot 3 of the S1/2 SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, as shown on the plat recorded on October 1, 1963 and filed in “Plat File N”; Beginning at the northeast corner of said balance of Lot 3, said point being located along the north-south quarter section line and also along the southerly edge of the adjoining railroad right-of-way; thence, southerly along said quarter section line, S00º04’53”W a distance of 1,050.36 feet; thence, N63º41’40“W a distance of 205.00 feet; thence, N84º39’26”W a distance of 270.00 feet; thence, N33º30’20”W a distance of 84.00 feet; thence, N00º00’00”W a distance of 796.70 feet; thence, N57º23’22”W a distance of 117.40 feet; thence, N03º48’46”E a distance of 95.00 feet; thence, N12º39’32”W a distance of 150.00 feet more or less to a point on the north line of said Lot 3; thence, easterly along the north line of said Lot 3, S89º55’53”E a distance of 168.93 feet more or less to a point on the southerly line of the adjoining railroad right-of-way; thence, southeasterly along the southerly edge of the adjoining railroad right-of-way, curving to the left on a curve with a radius of 5907.9 feet, a delta of 04º17’30”, an arc length of 442.52 feet, and a chord bearing and distance of S62º19’40”E 442.42 feet; thence, continuing southeasterly along the southerly edge of the adjoining railroad right-of-way, S64º28’27”E a distance of 72.21 feet more or less, to the point of beginning, located south of East S.D. Highway 44 and Apple Tree Road.

49.             No. 08PL019 - A request by Jared Tordsen for Land and Marine Development, Inc. for a Preliminary Plat on Lots 15 thru 21 of Rockinon Ranch Estates, located in N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 NE1/4 SE1/4 less lots 1 thru 7, 22, 31 and 32 of Rockinon Ranch Estates, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Bunker Drive and south of Lennon Lane.

END OF CONSENT CALENDAR

Public Comment opened – Items 50 - 71

Public Comment closed

NON-CONSENT ITEMS – Items 50 - 71

ORDINANCES

50.             No. 08OA002 – First Reading, Ordinance No. 5372 Adding Antique Stores as Conditional Uses in the Neighborhood Commercial Zoning District by Amending Section 17.20.030 of the Rapid City Municipal Code

51.             No. 08RZ004 - First Reading, Ordinance No. 5375, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Boschee Engineering for Stoney Creek Development for a Rezoning from Low Density Residential District to Office Commercial District on Lots 1, 2 and 3 of Block 3 of Stoney Creek South Subdivision, located in the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5610, 5624 and 5712 Bendt Drive.

52.             No. LF022708-08 – Second Reading, Ordinance No. 5371 Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter .08 of the Rapid City Municipal Code

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

53.             No. LF022708-01 – Request by Sonya Hogg for City to consider removing or otherwise compromising special assessments levied against Tract AR2 of Ridge Park Estates

54.             City Employee as candidate for City Council, Terry Ragels

55.             No. LF031208-07 – Request for $200,000 from the 2012 Fund to complete remodeling of the PETT (Ziegler) Building

56.             No. LF022708-37 – Event Permit for Kirk Funeral Home for Senior Movie Day at the Elks

57.             No. LF121207-28A – Resolution Directing that City Staff Convert the Current Ten Hour Parking Meters along Apolda Street to Two Hour Meters

PUBLIC WORKS COMMITTEE ITEMS

58.             No. 08EX013 - Request the Development, Appeals and Review Board (DARB) hear the request by Merlin Stromer to consider an exception to Allow Access to a Higher Order Street on Lot B, Bar P-S Subdivision, Rapid City, South Dakota; and make a recommendation to the City Council (File No. 08PL007)

59.             No. PW031108-16 - Authorize the Mayor and Finance Officer to sign a Release of Easement on Lot 4 of Block 10, Red Rocks Subdivision, located in the N1/2SW1/4 and the S1/2NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota

60.             No. PW031108-17 - An Agreement for Professional Services for Canyon Lake Dam repairs

BIDS

61.             No. CC031708-02 – 1st Street and East Philadelphia Street Sewer Main Replacement Project No.  SS05-1443 / CIP No. 50579 (opened on March 11, 2008)

62.             No. CC031708-02 – Canyon Lake Drive Irrigation Project No.  PR05-1515 (opened on March 11, 2008)

63.             No. CC031708-02 – Roosevelt Park Improvements Phase 3, Project No. PR07-1680 (opened on March 11, 2008)

64.             No. CC031708-02 – Downtown Alley Reconstruction 2008 Project No. ST08-1686 / CIP No. 50379 (opened on March 11, 2008)

65.             No. CC031708-02 – North Maple Avenue and East Disk Drive Intersection Reconstruction Project No. ST08-1700 / CIP No. 50702 (opened on March 11, 2008)

66.             No. CC031708-02 – Low Pressure Ultra Violet Lamps for Water Reclamation Division (opened on March 11, 2008)

67.             No. CC031708-02 – Utility Cut Portland Cement Replacement for Water / Water Reclamation Divisions (opened on March 11, 2008

68.             No. CC031708-02 – One (1) New Current Year Model Compact 4-Wheel Drive Articulated Wheel Loader for Parks Department (opened on March 13, 2008)

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

69.             Rushmore Plaza Civic Center Expansion Project Update, Brian Maliske

APPEALS

DARB

License application appeals

Sign Code Appeals

70.             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 (continued 11/05/07; 12/03/07; 01/22/08)

71.             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 (continued 11/05/07; 12/03/07; 01/22/08)

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 72 – 122

Open Public Hearing (comment) -- Items 72 –122

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 72 - 108

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

Continue the following items until April 7, 2008:

72.             No. 06PL090 - A request by Dream Design International for a Preliminary Plat on Lots 1 thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated Right-of-Way, Elks Meadows Subdivision, located in the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom Road.

73.             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 along proposed LaCrosse Street north of Seger Drive.

74.             No. 07PL067 - A request by 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.

75.             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.

76.             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.

77.             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.

78.             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.

79.             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.

80.             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.

81.             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.

82.             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.

83.             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.

84.             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.

85.             No. 07SV026 - A request by 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.

86.             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.

87.             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.

88.             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.

89.             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.

90.             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.

91.             No. 08AN002 - A request by Craig and Tamara Mested for a Petition for Annexation on Tract 20 of Highview Subdivision, NE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1445 Sammis Trail.

92.             No. 08CA001 - A request by Dream Design International, Inc. for Signature Homes, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential District with a Planned Residential Development to Medium Density Residential District with a Planned Residential Development 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: N00º07’57”E, a distance of 607.71 feet, Thence, second course: S89º45’23”E, a distance of 348.37 feet; Thence, third course: S45º18’29”E, a distance of 148.27 feet; Thence, fourth course: S41º57’10”E, a distance of 97.30 feet; Thence, fifth course: S60º00’17”E, a distance of 82.33 feet; Thence, sixth course: S74º07’50”E, a distance of 100.83 feet; Thence, seventh course: S89º41’41”E, a distance of 89.82 feet; Thence, eighth course: N85º07’42”E, a distance of 72.62 feet; Thence, ninth course: N74º29’46”E, a distance of 101.06 feet; Thence, tenth course: N56º32’29”E, a distance of 93.59 feet; Thence, eleventh course: S59º22’45”E, a distance of 105.77 feet; Thence, twelfth course: S89º45’23”E, a distance of 54.68 feet; Thence, thirteenth course: S00º14’37”W, a distance of 117.37 feet; Thence, fourteenth course: S89º45’23”E, a distance of 100.00 feet; Thence, fifteenth course: S00º14’37”W, a distance of 40.61 feet; Thence, sixteenth course: S89º37’07”E, a distance of 20.52 feet, to the northwesterly corner of Lot 1 of Mailloux Subdivision in Lot B in the SE ¼ of the SW ¼ of Section 18, T2N, R8E, BHM; Thence, seventeenth course: S00º23’45”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: S00º23’45”W, a distance of 33.00 feet, to a point on the section line common to Sections 18, and 19; Thence, nineteenth course: N89º35’54”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.

93.             No. 08CA002 - A request by Dream Design International, Inc. for Signature Homes, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Medium Density Residential with a Planned Residential Development 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 N89º37’14”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: N89º37’14”W, along the section line common to Sections 18 and 19, a distance of 1678.81 feet; Thence, second course: N00º22’46”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: N00º25’46”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: S89º34’30”E, a distance of 199.01 feet; Thence, fifth course: N00º14’37”E, a distance of 610.83 feet; Thence, sixth course: S89º45’23”E, a distance of 234.88 feet; Thence, seventh course: S39º45’06”E, a distance of 91.40 feet; Thence, eighth course: S74º45’23”E, a distance of 71.54 feet; Thence, ninth course: N50º14’54”E, a distance of 78.96 feet; Thence, tenth course: S39º45’06”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 23º40’06”, a length of 92.53 feet, a chord bearing of S27º55’03”E, and chord distance of 91.88 feet; Thence, twelfth course: N73º55’00”E, a distance of 208.37 feet; Thence, thirteenth course: N39º45’06”W, a distance of 712.01 feet, to a point on the section 1/16th line; Thence, fourteenth course: S89º33’44”E, along the section 1/16th line, a distance of 1256.40 feet; Thence, fifteenth course: S00º02’35”W,  a distance of 975.25 feet, to the northwesterly corner of Lot 1 of North Haines Subdivision; Thence, sixteenth course: S00º02’34”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: S00º22’46”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.

94.             No. 08PL007 - A request by Davis Engineering, Inc. for Merlin Stromer for a Preliminary Plat on Lots B1 and B2 of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot B of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, located at the northeast corner of the intersection of S.D. Highway 44 and Airport Road.

95.             No. 08PL011 - A request by FMG, Inc. for TLC Investments, Inc. for a Preliminary Plat on Lots 1 and 2 of TLC Subdivision and the dedicated public Right-of-way shown as Less Hollers Way all located in the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of the SE1/4 NE1/4 of Section 27, T1N, R7E, BHM, less Connector Subdivision and less Lot H1, located in the NE1/4 Section 27, T1N, R7E, BHM, located west of S. D. Highway 16 and south of Catron Boulevard.

96.             No. 08PL012 - A request by Craig and Tamara Mested for a Layout Plat on Lots A, B C and D of Tract 20 of Highview Subdivision, located in the SE1/4 NE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 20 of Highview Subdivision, NE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1445 Sammis Trail.

97.             No. 08PL014 - A request by FourFront Design, Inc. for Skyline Pines East, LLP for a Preliminary Plat on Lots 1 thru 8 of Skyline Pines East Subdivision, located in the SE1/4 of the SE1/4 and the SW1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of the SE1/4 of the SE1/4 and Lot C of the SW1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Tower Road and west of Mount Rushmore Road.

98.             No. 08PL015 - A request by Sperlich Consulting, Inc. for Black Hills Surgery Center, LLP for a Preliminary Plat on Lot 32R-2 of Block 18 of Robbinsdale Addition No. 10, located in the SE1/4 of the NW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 32R and 33R of Block 18 of Robbinsdale Addition No. 10, located in the SE1/4 of the NW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 216 Anamaria Drive.

99.             No. 08PL016 - A request by Renner & Associates for Pete Lien and Sons for a Preliminary Plat on Lots 1 thru 2 of Keller Subdivision and Tract 1 of Schaeferville Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of the NE1/4; Lot 1 of Limestone Tunnel Subdivision; Lot B of the NW1/4 of the NE1/4; Lots 1 thru 3 of Block 1 and vacated Feist Road of Feist Addition; Lots 1 thru 4 of Lot 1 of the NE1/4 of the NE1/4; Lot A, Lots 1 thru 6 of Lot B, and a Subdivision of Lot1C; Lot X and Y, a Subdivision of Lot 1D: Lots A, B, and C of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located west of Universal Drive and Sturgis Road.

100.         No. 08PL017 - A request by Davis Engineering for a Preliminary Plat on Lots 3 thru 10 and Lot 12 of Block 6 of Murphy Ranch Estates Subdivision, located in the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the unplatted portion of Tract F of the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located on Flintlock Court east of Reservoir Road and south of Longview Road.

101.         No. 08PL020 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary Plat on Lots 12 thru 13 of Block 4, Lots 1 thru 21 and Lots 33 thru 38 of Block 8, Lots 1 thru 5 of Block 9, Lots 1 thru 20 of Block 10, and Lot 1 of Block 11, Auburn Hills Subdivision, Sections 13 and 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SW1/4, Section 13, a portion of the SW1/4 of the NW1/4, Section 13, a portion of the SE1/4 of the NE1/4, Section 14, and a portion of the NE1/4 of the SE1/4 Section 14, located in the NW1/4 of the SW1/4, and the SW1/4 of the NW1/4, Section 13, T2N, R7E, BHM, the SE1/4 of the NE1/4 and the NE1/4 of the SE1/4, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Cobalt Drive and north of Auburn Drive and Charmwood Drive.

102.         No. 08RZ002 - Second 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: N00º07’57”E, a distance of 607.71 feet, Thence, second course: S89º45’23”E, a distance of 348.37 feet; Thence, third course: S45º18’29”E, a distance of 148.27 feet; Thence, fourth course: S41º57’10”E, a distance of 97.30 feet; Thence, fifth course: S60º00’17”E, a distance of 82.33 feet; Thence, sixth course: S74º07’50”E, a distance of 100.83 feet; Thence, seventh course: S89º41’41”E, a distance of 89.82 feet; Thence, eighth course: N85º07’42”E, a distance of 72.62 feet; Thence, ninth course: N74º29’46”E, a distance of 101.06 feet; Thence, tenth course: N56º32’29”E, a distance of 93.59 feet; Thence, eleventh course: S59º22’45”E, a distance of 105.77 feet; Thence, twelfth course: S89º45’23”E, a distance of 54.68 feet; Thence, thirteenth course: S00º14’37”W, a distance of 117.37 feet; Thence, fourteenth course: S89º45’23”E, a distance of 100.00 feet; Thence, fifteenth course: S00º14’37”W, a distance of 40.61 feet; Thence, sixteenth course: S89º37’07”E, a distance of 20.52 feet, to the northwesterly corner of Lot 1 of Mailloux Subdivision in Lot B in the SE ¼ of the SW ¼ of Section 18, T2N, R8E, BHM; Thence, seventeenth course: S00º23’45”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: S00º23’45”W, a distance of 33.00 feet, to a point on the section line common to Sections 18, and 19; Thence, nineteenth course: N89º35’54”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.

103.         No. 08RZ003 - Second 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 N89º37’14”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: N89º37’14”W, along the section line common to Sections 18 and 19, a distance of 1678.81 feet; Thence, second course: N00º22’46”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: N00º25’46”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: S89º34’30”E, a distance of 199.01 feet; Thence, fifth course: N00º14’37”E, a distance of 610.83 feet; Thence, sixth course: S89º45’23”E, a distance of 234.88 feet; Thence, seventh course: S39º45’06”E, a distance of 91.40 feet; Thence, eighth course: S74º45’23”E, a distance of 71.54 feet; Thence, ninth course: N50º14’54”E, a distance of 78.96 feet; Thence, tenth course: S39º45’06”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 23º40’06”, a length of 92.53 feet, a chord bearing of S27º55’03”E, and chord distance of 91.88 feet; Thence, twelfth course: N73º55’00”E, a distance of 208.37 feet; Thence, thirteenth course: N39º45’06”W, a distance of 712.01 feet, to a point on the section 1/16th line; Thence, fourteenth course: S89º33’44”E, along the section 1/16th line, a distance of 1256.40 feet; Thence, fifteenth course: S00º02’35”W,  a distance of 975.25 feet, to the northwesterly corner of Lot 1 of North Haines Subdivision; Thence, sixteenth course: S00º02’34”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: S00º22’46”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.

104.         No. 08SV003 - A request by Davis Engineering, Inc. for Merlin Stromer for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidwalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots B1 and B2 of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot B of Bar P-S Subdivision, located in the SW1/4 Section 20, T1N, R9E, and the N1/2 of the NW1/4, Section 29, T1N, R9E, BHM, Pennington County, South Dakota, located at the northeast corner of the intersection of S.D. Highway 44 and Airport Road.

105.         No. 08SV006 - A request by FMG, Inc. for TLC Investments, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Catron Boulevard, to waive the requirement to install curb, gutter, sidewalk, water and street light conduit along S.D. Highway 16 Service Road and a variance to waive the requirement to provide sewer service to the property as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of TLC Subdivision and the dedicated public Right-of-way shown as Less Hollers Way all located in the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of the SE1/4 NE1/4 of Section 27, T1N, R7E, BHM, less Connector Subdivision and less Lot H1, located in the NE1/4 Section 27, T1N, R7E, BHM,, located west of S. D. Highway 16 and south of Catron Boulevard.

106.         No. 08SV007 - A request by Craig and Tamara Mestad for a Variance to the Subdivision Regulations to waive the requirement to install, curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Sammis Trail and Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B C and D of Tract 20 of Highview Subdivision, located in the SE1/4 NE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 20 of Highview Subdivision, NE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1445 Sammis Trail.

107.         No. 08SV010 - A request by Renner & Associates for Pete Lien and Sons for a Variance to the Subdivision Regulations to waive the requirement to construct curb, gutter, sidewalk, street light conduit, water, sewer and to waive the requirement to dedicate additional Right-of-way and pavement along Sturgis Road and the Section Line Right-of-way, Neiger Court, Zenker Place and in the access easements as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Keller Subdivision and Tract 1 of Schaeferville Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of the NE1/4; Lot 1 of Limestone Tunnel Subdivision; Lot B of the NW1/4 of the NE1/4; Lots 1 thru 3 of Block 1 and vacated Feist Road of Feist Addition; Lots 1 thru 4 of Lot 1 of the NE1/4 of the NE1/4; Lot A, Lots 1 thru 6 of Lot B, and a Subdivision of Lot1C; Lot X and Y, a Subdivision of Lot 1D: Lots A, B, and C of Keller Subdivision, located in the S1/2 of the SE1/4 and the SE1/4 of the SW1/4, Section 17 and NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located west of Universal Drive and Sturgis Road.

Continue the following items until April 21, 2008:

108.         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.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 72 – 122

CONSENT PUBLIC HEARING ITEMS – Item 109 - 116

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

109.         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, 2/4/08, 2/19/08 Council meetings)

110.         Rapid City Fine Arts Center, Inc. for a Special Event Beer and Wine License for an event scheduled April 4, 2008 at the Dahl Arts Center, 713 7th Street

111.         Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled April 8, 2008 at the Rapid City Public Library, 610 Quincy Street

112.         Leading Edge Management, LLC dba Buffalo Wings and Rings, 5622 Sheridan Lake Road for a Retail (On-Off Sale) Wine License

113.         Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for a Package (Off-Sale) Liquor License TRANSFER from Albertsons, Inc. dba Albertsons Food Center #845, 855 Omaha Street

114.         Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for a Package (Off-Sale) Malt Beverage License TRANSFER from Albertsons, Inc. dba Albertsons Food Center #845, 855 Omaha Street

115.         Bosselman, Inc. of South Dakota dba Bosselman Travel Center, 2783 Deadwood Avenue for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from I-90 Fuel Services, Inc. dba Windmill Truck Stop, 2783 Deadwood Avenue

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

116.         No. LF022708-20 – Intent to Enter into Extended Lease of Land with Presbyterian Retirement Village of Rapid City, Inc. Pursuant to SDCL 9-12-5.2 (continue hearing to April 7, 2008 Council meeting)

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 117 - 122

117.         No. 08FV002 – Deny request by Benjamin Christensen to consider an application for a Fence Height Exception to allow a six foot high fence in the front yard setback, located at 519 Indiana Street; and request Code Enforcement to inspect the properties in the neighborhood of 519 Indiana Street for noncompliant fences.

118.         No. 08FV003 – Approve a request by Kadrmas, Lee & Jackson, Inc. for Premier Aviation, LLC to consider an application for a Fence Height Exception to allow eleven feet high fence with barbed wire strand, located at the Rapid City Regional Airport.

119.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of additional pavement along Patton Street and of sidewalk along Midway Street as they abut all of Block 24 of Mahoney Addition, less the west 25 feet, less the south eight and one half feet and the east eight and one half feet, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1509 Midway.   (08SV001)

120.         No. 08SV001 - A request by Black Hills Surveying for Duane Hosek for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and reduce the pavement width from 27 feet to 24 feet and to dedicate additional Right-of-Way along Midway Street; and a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and to reduce the pavement width from 27 feet to 24 feet and to dedicate additional Right-of-way along Patton Street as per Chapter 16 of the Rapid City Municipal Code on Lots 1 and 2 of Hosek Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all of Block 24 of Mahoney Addition, less the west 25 feet, less the south eight and one half feet and the east eight and one half feet, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1509 Midway.

121.         No. 08SV008 - A request by Fisk Land Surveying & Consulting Engineers for Hewey Clemmons for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer in the easement and East Highway 44 and to allow asphalt millings in lieu of asphalt paving and to reduce the width from 24 feet to 20 feet for the private access easement on Lots A, B and C of Clemmons Addition, located in the S1/2 SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of the balance of Lot 3 of the S1/2 SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, as shown on the plat recorded on October 1, 1963 and filed in “Plat File N”; Beginning at the northeast corner of said balance of Lot 3, said point being located along the north-south quarter section line and also along the southerly edge of the adjoining railroad right-of-way; thence, southerly along said quarter section line, S00º04’53”W a distance of 1,050.36 feet; thence, N63º41’40“W a distance of 205.00 feet; thence, N84º39’26”W a distance of 270.00 feet; thence, N33º30’20”W a distance of 84.00 feet; thence, N00º00’00”W a distance of 796.70 feet; thence, N57º23’22”W a distance of 117.40 feet; thence, N03º48’46”E a distance of 95.00 feet; thence, N12º39’32”W a distance of 150.00 feet more or less to a point on the north line of said Lot 3; thence, easterly along the north line of said Lot 3, S89º55’53”E a distance of 168.93 feet more or less to a point on the southerly line of the adjoining railroad right-of-way; thence, southeasterly along the southerly edge of the adjoining railroad right-of-way, curving to the left on a curve with a radius of 5907.9 feet, a delta of 04º17’30”, an arc length of 442.52 feet, and a chord bearing and distance of S62º19’40”E 442.42 feet; thence, continuing southeasterly along the southerly edge of the adjoining railroad right-of-way, S64º28’27”E a distance of 72.21 feet more or less, to the point of beginning, located south of East S.D. Highway 44 and Apple Tree Road.

122.         No. 08SV009 - A request by FourFront Design, Inc. for Skyline Pines East, LLP for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Mount Rushmore Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 8 of Skyline Pines East Subdivision, located in the SE1/4 of the SE1/4 and the SW1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of the SE1/4 of the SE1/4 and Lot C of the SW1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Tower Road and west of Mount Rushmore Road.

BILLS

123.         No. CC031708-01 Bill List for March 17, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN