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

May 5 , 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 April 21, 2008

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.

1.                  Stephanie Dixon, Front Porch Coalition

NON-PUBLIC HEARING ITEMS -- Items 2 - 73

Public Comment opened Items 2 - 52

Public Comment closed

CONSENT ITEMS Items 2 - 52

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 (May 19, 2008)

2.                  Rapid City Downtown Association dba Summer Nights for a special Beer license for an event scheduled June 12,19,26; July 3,10,17,24,31, and August 7,14,21,28, 2008 on 7th Street between Main Street and Saint Joseph Street

3.                  TADY LLC dba Teddys Sports Grill, 826 Main Street for Retail (On-Sale) Liquor License with Sunday Opening TRANSFER from Cowboy Casino, Inc. dba Woodys, 826 Main Street

Public Works Committee Consent Items

4.                  No. PW042908-01 Approve a request by Dan and Judi Michael, 3931 Park Drive to change the language of the easement to grant an exception to allow the foot bridge spanning a drainage easement with the removal of the middle support

5.                  No. PW042908-23 Acknowledge City Clean Up Day Report

6.                  No. PW042908-24 - Acknowledge South Creek Village Drainage Report

7.                  No. PW042908-02 - Approve Change Order No. 6 for Dahl Arts Center Remodel and Addition Project No. IDP04-1367 to J. Scull Construction Services for an increase of $14,028.61

8.                  No. PW042908-03 - Authorize staff to advertise for bids for Meadowbrook Drive Reconstruction Project No. ST08-1708

9.                  No. PW042908-04 - Authorize staff to advertise for bids for Landfill Compactor (Replacement)

10.             No. PW042908-05 - Authorize Mayor and Finance Officer to sign Amendment No. 1 to an Agreement with Advanced Engineering and Environmental Services, Inc. for the final design of the Elk Vale Low Level Reservoir for an amount not to exceed for $32,527.00

11.             No. PW042908-06 - Authorize Mayor and Finance Officer to sign an Agreement with Ferber Engineering Company, Inc. for Allen Avenue Alley Sewer Reconstruction Project No. SS08-1710 / CIP No. 50419; and Blaine, Halley, Holcomb, East Jackson, and North Maple Sewer Reconstruction Project No. SS08-1171 / CIP No. 50420 for an amount not to exceed $56,570.00

12.             No. PW042908-07 - Authorize Mayor and Finance Officer to sign an Agreement with Ferber Engineering Company, Inc., for Elk Vale Road Sanitary Trunk Sewer Extension Project No. SS07-1658 / CIP No. #50686 to prepare bid documents and construction related services for the an amount not exceed $115,130

13.             No. PW042908-08 Approve a request to seek proposals for engineering services for Highway 16 Fire Station Detention Cell Project No. DR03-1268 / CIP No. 50440

14.             No. PW042908-09 Approve a request to seek proposals for engineering services for Elk Vale Road Sanitary Trunk Sewer Phase 2 Project No. SS08-1729 / CIP No. 50726

15.             No. 08RD001 Approve a request by Britton Engineering & Land Surveying, Inc. for Land and Marine Development, Inc. to consider an application for a Resolution for a Road Name Change from Antler Ridge Road to Hendrix Lane on Lots 1 thru 7, 22, 31 and 32 of Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Bunker Drive and south of Lennon Lane

16.             No. 08RD002 Approve a request by Britton Engineering & Land Surveying, Inc. for Land and Marine Development, Inc. to consider an application for a Resolution for a Road Name Change from Butterfly Lane to Joplin Lane on Lots 1 thru 7, 22, 31 and 32 of Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Bunker Drive and south of Lennon Lane

17.             No. 07VE033 Approve a request by Renner & Associates for Robert Akers to consider an application for a Vacation of a 30 Foot Utility Easement on a 30 foot wide utility easement located in the W1/2 of the NE1/4 and the E1/2 of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between Disk Drive and East Mall Drive and east of Lacrosse Street

18.             No. 08VE003 Approve with stipulations, a request by Boschee Engineering for JCP Land Co. to consider an application for a Vacation of a portion of a Non-Access Easement on Lot 4 of Block 7 of Stoney Creek Subdivision, located in the NW 1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota., more generally described as being located at the northwest corner of the intersection of Bendt Drive and Yale Court

19.             No. 08VE007 Approve with stipulations, a request by Lage Construction, Inc. to consider an application for a Vacation of Non-Access Easement on Lots 1 and 2 of Block 1 of the Villaggio at Golden Eagle, located in the SE1/4 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5832 Villaggio Lane

20.             No. 08VE008 Approve with stipulations, a request by Lage Construction, Inc. to consider an application for a Vacation of a minor drainage and utility easement on Lots 1 and 2 of Block 1 of the Villaggio at Golden Eagle, located in the SE1/4 of the NW1/4 of the SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5832 Villaggio Lane

21.             No. 08VE009 Approve a request by Sperlich Consulting, Inc. for Lifestyle Homes to consider an application for a Vacation of a portion of six foot wide Utility and Minor Drainage Easement on Lot 11 of Block 4 and Lot 1 of Block 5 of Kateland Subdivision, located in the SE1/4 of the SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northwest of the intersection of Country Road and Earleen Street

22.             No. 08VE010 Approve with stipulations, a request by Fisk Land Surveying & Consulting Engineers for Herman Jones to consider an application for a Vacation of a Minor Drainage and Utility Easement on Lot 1 of Fort Hayes Subdivision and Lot 4 Revised of Lot 4, located in the NE1/4 SE1/4, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 2255 and 2505 Fort Hayes Drive

Legal & Finance Committee Consent Items

23.             No. LF043008-02 Confirm reappointment of Tim Baumgartner and Steve Struble to the Electrical Board

24.             No. LF043008-03 Confirm reappointment of Rod Holmes, Myron Tatum, and Bill Werner to the Plumbing Board

25.             No. LF043008-04 Approve Travel Request for Deb Hadcock and Lloyd LaCroix to attend NLC Program, Welches, OR, September 10-13, 2008, in the approximate amount of $5,000

26.             No. LF043008-24 - Confirm appointment of Paula Long Fox, Jay Davis, Evelyn Kelly, Father Paul Sneve, Alderman Lloyd LaCroix, Community Resources Director Kevin Thom and City Attorney Jason Green to a sub-committee to draft the proposed Human Relations Commission ordinance

27.             No. LF043008-07 Acknowledge Capital Improvements Program Committee monthly update for April, 2008

28.             No. LF043008-08 Approve the Capital Plan for Streets, Drainage, MIP Projects for April, 2008

29.             No. LF043008-09 Approve the following: 2008 Sport Facility Partnership Fund Grant Applications totaling $50,519.35: Rapid City Softball retaining wall - $12,436.25; Rapid City Softball sidewalk - $12,244.92; Soccer Rapid City Minnesota Street field fence - $1,060; Soccer Rapid City Star of the West field - $3,850; ASA Softball electrical wiring - $587.50; ASA Softball batting shed improvements - $2,568.31; ASA Softball retaining wall - $4,065; Harney Little League field improvement - $7,300; YMCA LaCroix Links garage addition - $2,246.62; and Post 320 stadium upgrades - $4,160.75

30.             No. LF043008-10 Approve Event Permit for VFW Post 1273 for June 5-8, 2008, for four parking spots in front of 420 Main Street

31.             No. LF043008-11 Approve Travel Request for Thomas Vlieger, Marc Black, and Chris Holbrook to attend Canine Handler Instruction and Training Seminar, Denver, CO, May 28-31, 2008, in the approximate amount of $2,867

32.             No. LF043008-25 - Approve Event Permit for Pinedale PTA to hold 50th Anniversary Celebration on May 16, 2008

33.             No. LF043008-12 Approve Amendment to Travel Request for Rod Seals and Nick Carlson to attend FDIC Conference, Indianapolis, IN, April 7-12, 2008, to change the amount from $4,204 to $4,410.11 (an increase of $206.11) for cost of rental car and parking

34.             Approve ambulance rate increase of 4.1% in accordance with the Regional Medical CPI figures

35.             No. LF043008-13 Approve request by CETEC Engineering Services, Inc. to convert the two (2) on-premise Comfort Inn of Rapid City signs located at 915 Fairmont Boulevard to off-premise signs

36.             No. LF043008-14 Approve request from Rapid City Historic Preservation Commission for authorization for the Mayor and Finance Office to sign Amendment No. 3 to State of South Dakota Historical Preservation Allocation Award between State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission Project SD-07-21 changing the completion date from May 30, 2008 to August 31, 2008

37.             Acknowledge the following volunteer for workmens compensation purposes: Clarence Gunderson

38.             No. LF043008-15 Authorize Mayor and Finance Officer to sign Money Market Agreement with The First National Bank of Sioux Falls

39.             No. LF043008-16 Approve Resolution Approving and Authorizing the Execution of a Lease Agreement and Related Documents and Certificates

40.             No. LF043008-17 Approve Resolution Authorizing the Issuance of Gross Receipts Revenue Bonds, Series 2008, of the City of Rapid City, South Dakota; Pledging the Revenues of the Gross Receipts Tax 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

41.             No. LF043008-21 Authorize Mayor and Finance Officer to sign Joint Powers Agreement between with the Department of Health

42.             Approve request for exception from consultant selection process to negotiate an Agreement with Stanley Consultants for an analysis of the Energy Plant

43.             No. LF043008-19 Approve amendments to Trailer Mounted Hydraulic Mobile Bleacher System Application and Agreement

44.             No. LF043008-20 Acknowledge raffle request from Pennington County Republican Party

45.             Approve the following licenses: Sewer and Water Contractors License: Timothy Hanson, JMC, Inc.; Trenching Contractors License: Tom Gunderson, Spring Valley Construction, LLC; Sewer and Water Journeyman License: Jeremy Lowe, Mike Trevena; Trenching Journeyman License: Levi Detter

Growth Management Department Consent Items

46.             No. 08AN004 - A request by Tony Berendse for a Petition for Annexation on Lot 1A of Lot 1 (Revised) of Prairie Hills Subdivision and the 50 foot Section line right-of-way known as Maple Avenue located west and adjacent to Lot 1A of Lot 1 (Revised) of Prairie Hills Subdivision, all in Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located at 300 East Mall Drive.

47.             No. 08AN005 - A request by Dream Design International, Inc. for a Petition for Annexation on the NW1/4 SW1/4, W1/2 W1/2 NE1/4 SW1/4, S1/2 SW1/4, E1/2 SE1/4 NE1/4 south of S.D. Highway 44, E1/2 E1/2 SE1/4, Section 15, N1/2 N1/2, Section 22, T1N, R8E, BHM, Pennington County, South Dakota, located south of East S.D. Highway 44.

48.             No. 08PL039 - A request by Sperlich Consulting, Inc. for Paul Reinke for a Preliminary Plat on Lot A Revised of Block 1 of Quartz Canyon Subdivision, located in the SW1/4 of the NE1/4, and in the NE1/4, and in the SE1/4 of the NW1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot A of Block 1 of Quartz Canyon Subdivision, and a portion of the SW1/4 of the NE1/4 of Section 7, T1S, R7E, BHM, located in the SW1/4 of the NE1/4, and in the NE1/4, and in the SE1/4 of the NW1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located on Quartz Canyon Lane.

49.             No. 08PL040 - A request by Ferber Engineering Co. for Creek Drive Industrial Park, LLC for a Preliminary Plat on Lot 1 of Block 3 of South Creek Industrial Park, located in the NE1/4 SW1/4 and SE1/4 SW1/4 of Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SW1/4 and SE1/4 SW1/4 of Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3120 Creek Drive.

50.             No. 08PL041 - A request by D. C. Scott Surveyors, Inc. for Blu-Knu Enterprises, LLC for a Layout Plat on Lots 2R and 3R of Blu-Knu Subdivision, located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2 and 3 of Blu-Knu Subdivision and unplatted land in the SW1/4 SW1/4, Section 27, located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Lien Street and Deadwood Avenue.

51.             No. 08PL043 - A request by Fisk Land Surveying & Consulting Engineers for Herman Jones for a Layout Plat on Lot 1 Revised of Fort Hayes Subdivision and Lot 4 Revised of Lot 4, located in the NE1/4 SE1/4, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 1 of Fort Hayes Subdivision and Lot 4 Revised of Lot 4, located in the NE1/4 SE1/4, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, located at 2255 and 2505 Fort Hayes Drive.

52.             No. 08PL044 - A request by Fisk Land Surveying & Consulting Engineers for Robert Schmitz for a Layout Plat on Lots 1 and 2 of U Lazy Two Ranch Estates Subdivision and dedicated right-of-way located in, and formerly all of, that portion of the SE1/4 SW1/4 lying north of Nemo Road, Section 14, T2N, R6E, BHM, and; the N1/2 NE1/4 less Lot 1 of Barbara Subdivision, and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, legally described as that portion of the SE1/4 SW1/4 lying north of Nemo Road, Section 14, T2N, R6E, BHM, and; the N1/2 NE1/4 less Lot 1 of Barbara Subdivision, and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located at 8970 Nemo Road.

END OF CONSENT CALENDAR

Public Comment opened Items 53 - 73

Public Comment closed

NON-CONSENT ITEMS Items 53 - 73

ORDINANCES

53.             No. LF043008-18 First Reading, Ordinance No. 5387, Amended and Restated Ordinance No. 3399, Ordinance Relating to Parking Improvements; Creating Special Funds and Accounts for the Administration of the Moneys Derived Therefrom; Authorizing and Directing the Issuance and Sale of Revenue Bonds to Pay the Cost of Improvements to the Municipal Parking System and Defining the Terms and Manner of Payment of the Bonds and the Security Thereof

54.             No. 08RZ013 - First Reading, Ordinance No. 5389, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Jami Carpenter for a Rezoning from Neighborhood Commercial District to Medium Density Residential District on Lot A of Tract A less Lot H2 of Block 3, McMahon Industrial Park No. 2, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4144 Haines Avenue.

GROWTH MANAGEMENT DEPARTMENT ITEMS

55.             No. 08PL042 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Hewey Clemmons for a Layout Plat on Lots A, B, C and D 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 S SW , 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, S000453W a distance of 1,050.36 feet; thence, N634140W a distance of 205.00 feet; thence, N843926W a distance of 270.00 feet; thence, N333020W a distance of 84.00 feet; thence, N000000W a distance of 796.70 feet; thence, N572322W a distance of 117.40 feet; thence, N034846E a distance of 95.00 feet; thence, N123932W 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, S895553E 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 041730, an arc length of 442.52 feet, and a chord bearing and distance of S621940E 442.42 feet; thence, continuing southeasterly along the southerly edge of the adjoining railroad right-of-way, S642827E a distance of 72.21 feet more or less, to the point of beginning, located south of the intersection of Apple Tree Road and S. D. East Highway 44.

LEGAL & FINANCE COMMITTEE ITEMS

56.             No. PW041508-02 Approve a request by Leadership Rapid City, Class of 2006 for donation of approximately 300 tons of asphalt millings from the City of Rapid City for the purposes of constructing a walking path adjacent to the Rapid City Humane Society

57.             Approve a Resolution Regarding Disposal of Items at the Landfill

58.             No. LF043008-01 - Approve a request to waive City assessments on 710 Blaine Avenue in the amount of $7,869.33 plus interest on the condition that Habitat for Humanity purchases the property

59.             No. LF043008-05 Approve the reallocation of $1,610,000 of the Elk Vale Road Lift Station Funding to the Elk Vale Road Sanitary Sewer Main Project Phase One (1) and Phase Two (2) with connection fees as the identified repayment source - (.16 Utility Fund Oversight Committee)

60.             No. LF043008-06 Approve the estimated $483,000 (30% of $1,610,000) connection fee shortfall be funded from the Wastewater Enterprise Fund in five annual payments of $60,000 beginning in FY 2009 through FY 2013 and a final payment of $183,000 in FY 2014 with any overpayment to be refunded to the Wastewater Enterprise Fund at the end of the project (.16 Utility Fund Oversight Committee)

PUBLIC WORKS COMMITTEE ITEMS

61.             No. CC042108-02.5 Bid Award for Rapid City Bus Storage Facility Phase 2 Project No. IDP07-1637 opened April 17, 2008

BIDS

62.             No. CC050508-02.1 - Roosevelt Park Improvements, Phase 3, Project No. PR07-1680 (rebid) (opened April 29, 2008)

63.             No. CC050508-02.2 - Canyon Lake Maintenance Shop Project No. GB08-1714 (opened April 29, 2008)

64.             No. CC050508-02.3 - 2008 Street Rehabilitation, Various Locations, Project No. ST08-1721 / CIP No. 50549 (opened April 29, 2008)

65.             No. CC050508-02.4 - Hot Mixed Asphaltic Concrete for Various City Departments (opened April 29, 2008)

66.             No. CC050508-02.5 - Limestone Gravel for Various Departments (opened April 29, 2008)

67.             No. CC050508-02.6 - Ready Mixed Concrete for Various Departments (opened April 29, 2008)

68.             No. CC050508-02.7 - Portable Chemical Toilet Facilities for Various Departments (opened April 29, 2008)

69.             No. CC050508-02.8 - Transportation Natural Gas, Energy Plant (opened April 29, 2008)

MAYORS ITEMS

COUNCIL ITEMS & LIAISON REPORTS

70.             Update on utility billing system, Alderman Kooiker

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

71.             Vision 2012 Update, Public Works Director Ellis

APPEALS

DARB

License application appeals

Sign Code Appeals

72.             No. CC110507-03 Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Cabelas 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, 2/19/08, 3/3/0/, 3/17/08, 4/7/08)

73.             No. CC110507-04 - Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Rapid Center, LLC for joint identification sign on Lot 3, Starlite Subdivision, and a portion of the SW1/4 of Section 28, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota (continued 11/05/07; 12/03/07; 01/22/08, 2/19/08, 3/3/0/, 3/17/08, 4/7/08)

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS Items 74 123

Open Public Hearing (comment) -- Items 74 123

CONTINUED PUBLIC HEARING CONSENT ITEMS Items 74 - 110

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

Continue the following items until May 19, 2008:

74.             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.

75.             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.

76.             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.

77.             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.

78.             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.

79.             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.

80.             No. 07RD007 - A request by Dream Design International 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, located west of South Highway 16 and south of Sammis Trail.

81.             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.

82.             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.

83.             No. 08CA005 - A request by Boschee Engineering for Stoney Creek Development for an Amendment to the Adopted Comprehensive Plan to change the land use designation from a Planned Residential Development with 4.8 dwelling units per acre to Office Commercial with a Planned Commercial Development on a parcel of land located within the unplatted portion of the NW SW of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: beginning at the northwest lot corner of Lot 3, Block 3 of Stoney Creek South Subdivision; said point is also lying on the easterly right-of-way line of Bendt Drive; Thence northerly along said easterly right-of way line the following two courses: Thence N013453E, 40.08 feet to a point of curvature; Thence northerly along the arc of said curve to the right whose radius is 174.00 feet and whose central angle is 404710, an arc length of 123.86 feet to a point on said curve; said point also being the southwest lot corner of Tract BD of Stoney Creek South Subdivision; Thence S704841E, along the southerly lot line of said Tract BD, a distance of 124.47 feet; Thence departing said southerly lot line S191119W, 116.69 feet to the northeast lot corner of said Lot 3, Block 3; thence S892143W, along the north lot line of said Lot 3, Block 3, a distance of 125.70 feet to the Point of Beginning, containing 0.426 acres more or less, located south of Catron Boulevard between Bendt Drive and Nugget Gulch Road.

84.             No. 08CA009 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a portion of the E of the SW of the NW, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 3 of Block 4 of Big Sky Business Park, common to the southeasterly corner of Lot 2 of Block 4 of Big Sky Business Park, and the point of beginning, Thence, first course: S894732E, along the southerly boundary of said Lot 3 of Block 4, a distance of 199.60 feet, to the southeasterly corner of said Lot 3 of Block 4; Thence, second course: S894439E, a distance of 30.00 feet; Thence, third course: S000650W, a distance of 1025.13 feet, to a point on the northerly boundary of Tract A of F & N Subdivision; Thence, fourth course: N894813W, along the northerly boundary of said Tract A, a distance of 229.83 feet; Thence, fifth course: N000735E, a distance of 1025.15 feet, to the southwesterly corner of said Lot 3 of Block 4, common to the southeasterly corner of said Lot 2 of Block 3, and the point of beginning, located east of Elk Vale Road and west of Degeest Drive and south of Berniece Street.

85.             No. 08CA010 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial with a Planned Commercial Development to Public on a portion of Tract A of F & N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S894853E, along the northerly boundary of said Tract A, a distance of 168.32 feet; Thence, second course: S201516E, a distance of 114.68 feet; Thence, third course: S000735W, a distance of 571.08 feet; Thence, fourth course: N852519W, a distance of 207.67 feet, to a point on the westerly boundary of said Tract A; Thence, fourth course: N000118E, along the westerly boundary of said Tract A, a distance of 662.63 feet, to the northwesterly corner of said Tract A, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Street.

86.             No. 08CA011 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation from Office Commercial with a Planned Commercial Development to Public on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 2 of Block 2 of Neffs Subdivision, and the point of beginning; Thence, first course: N852519W, a distance of 207.00 feet; Thence, second course: N000735E, a distance of 571.08 feet; Thence, third course: S201516E, a distance of 592.63 feet; Thence, fourth course: S000908W, a distance of 31.62 feet, to the northwesterly corner of said Lot 2 of Block 2 of Neffs Subdivision, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

87.             No. 08CA012 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Public on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 1 of Block 1 of Neffs Subdivision, and to the point of beginning, Thence, first course: N135121W, a distance of 205.16 feet, to a point on the westerly boundary of Tract A of F & N Subdivision; Thence, second course: S852519E, a distance of 207.67 feet; Thence, third course: S273245W, a distance of 198.25 feet, to a point on the northerly boundary of said Lot 1; Thence, fourth course: S840634W, along the northerly boundary of said Lot 1, a distance of 66.55 feet, to the northwesterly corner of Lot 1 of Block 1 of Neffs Subdivision, and to the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

88.             No. 08CA013 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Office Commercial with a Planned Commercial Development on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly of Tract B of Neffs Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S894404E, along the westerly boundary of said Tract A, a distance of 112.99 feet, to a corner on the westerly boundary of said Tract A; Thence, second course: S135121E, a distance of 205.16 feet, to the northwesterly corner of Block 1 of Neffs Subdivision V, common to a point on the southerly boundary of said Tract A; Thence, third course: S000701W, along the southerly boundary of said Tract A, common to the westerly boundary of said Block 1, a distance of 148.23 feet, to a point on the southerly boundary of said Tract A; Thence, fourth course: N893933W, along the southerly boundary of said Tract A, a distance of 164.80 feet, to the southwesterly corner of said Tract A, common to the easterly boundary of said Tract B; Thence, fifth course: N002928E, along the westerly boundary of said Tract A, common to the easterly boundary of said Tract B, a distance of 346.97 feet, to the northeasterly of Tract B of Neffs Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, located east of the northern terminus of Jolly Lane and west of Sweetbriar Street.

89.             No. 08CA014 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to Low Density Residential on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 6 of Block 1 of Neffs Subdivision No. 2, and the point of beginning, Thence, first course: S895524W, a distance of 30.00 feet; Thence, second course: N000443E, a distance of 8.38 feet; Thence, third course: curving to the left, on a curve with a radius of 288.00 feet, a delta angle of 201959, a length of 102.21 feet, a chord bearing of N100517W, and chord distance of 101.67 feet; Thence, fourth course: N201516W, a distance of 5.25 feet; Thence, fifth course: N694443E, a distance of 50.69 feet; Thence sixth course: curving to the right, on a curve with a radius of 400.00 feet, a delta angle of 202326, a length of 142.35feet, a chord bearing of N795627E, and chord distance of 141.60 feet; Thence, seventh course: S895150E, a distance of 98.10 feet, to a point on the section 1/16th line; Thence, eighth course: S000638W, along the section 1/16th line, a distance of 155.91 feet, to a point on the northerly boundary of Block 1 of Neffs Subdivision No. 2; Thence, ninth course: N895244W, along the northerly boundary of said Block 1 of Neffs Subdivision No. 2, a distance of 235.17 feet, to the northwesterly corner of said Lot 6 of Block 1 of Neffs Subdivision No. 2, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

90.             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.

91.             No. 08PL030 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 1-8 of Block 1 and 2; Lots 1-33 of Block 3; Tracts A, B, C and D of Block 4; and the Drainage Lot 1, Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

92.             No. 08PL036 - A request by Joe Muth for Doeck, L.L.C. for a Layout Plat on Lot 1 of Block 10 of Auburn Hills Subdivision, located in the NE1/4 NE1/4, less the east 33 feet, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance, located in the NE1/4 NE1/4, less the east 33 feet, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Bunker Drive.

93.             No. 08PL038 - A request by Sperlich Consulting, Inc. for TK Engesser Investments, LLC for a Preliminary Plat on Lots 1 thru 4 of Engessor Subdivison, located in the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located southwest of the intersection of South Dakota Highway 44 and Radar Hill Road.

94.             No. 08PL045 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 5 thru 4 of Block 2, Lots 6 thru 14 of Block 3, Lots 1 thru 4 of Block 14 of Copperfield Vistas Subdivision, located in portions of the E1/2 NW1/4 and the NE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as located in, and formerly portions of, the E1/2 NW1/4 and the NE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Concourse Drive and at the northern terminus' of summerfield Drive and Copperfield Drive.

95.             No. 08PL046 - A request by Davis Engineering, Inc. for Larry P. and Terry Silver Wetch for a Preliminary Plat on Lots A and B of Tract C of C.D. Rounds Subdivision, located in the SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract C of C.D. Rounds Subdivision, located in the SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3401 Sturgis Road.

96.             No. 08RZ006 Second Reading, Ordinance No. 5380, 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 a parcel of land located within the unplatted portion of the NW SW of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: beginning at the northwest lot corner of Lot 3, Block 3 of Stoney Creek South Subdivision; said point is also lying on the easterly right-of-way line of Bendt Drive; Thence northerly along said easterly right-of way line the following two courses: Thence N013453E, 40.08 feet to a point of curvature; Thence northerly along the arc of said curve to the right whose radius is 174.00 feet and whose central angle is 404710, an arc length of 123.86 feet to a point on said curve; said point also being the southwest lot corner of Tract BD of Stoney Creek South Subdivision; Thence S704841E, along the southerly lot line of said Tract BD, a distance of 124.47 feet; Thence departing said southerly lot line S191119W, 116.69 feet to the northeast lot corner of said Lot 3, Block 3; thence S892143W, along the north lot line of said Lot 3, Block 3, a distance of 125.70 feet to the Point of Beginning, containing 0.426 acres more or less, located south of Catron Boulevard between Bendt Drive and Nugget Gulch Road.

97.             No. 08RZ007 - Second Reading, Ordinance No. 5381, 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 Office Commercial District to General Commercial District on a portion of the E of the SW of the NW, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 3 of Block 4 of Big Sky Business Park, common to the southeasterly corner of Lot 2 of Block 4 of Big Sky Business Park, and the point of beginning, Thence, first course: S894732E, along the southerly boundary of said Lot 3 of Block 4, a distance of 199.60 feet, to the southeasterly corner of said Lot 3 of Block 4; Thence, second course: S894439E, a distance of 30.00 feet; Thence, third course: S000650W, a distance of 1025.13 feet, to a point on the northerly boundary of Tract A of F & N Subdivision; Thence, fourth course: N894813W, along the northerly boundary of said Tract A, a distance of 229.83 feet; Thence, fifth course: N000735E, a distance of 1025.15 feet, to the southwesterly corner of said Lot 3 of Block 4, common to the southeasterly corner of said Lot 2 of Block 3, and the point of beginning, located east of Elk Vale Road and west of Degeest Drive and south of Berniece Street.

98.             No. 08RZ008 - Second Reading, Ordinance No. 5382, 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 Public District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S894853E, along the northerly boundary of said Tract A, a distance of 168.32 feet; Thence, second course: S201516E, a distance of 707.30 feet; Thence, third course: S000908W, a distance of 31.62 feet, to the northwesterly corner of Block 2 of Neffs Subdivision No. 2; Thence, fourth course: N852519W, a distance of 414.67 feet, to a point on the westerly boundary of said Tract A; Thence, fifth course: N000118E, along the westerly boundary of said Tract A, a distance of 662.63 feet, to the northwesterly corner of said Tract A, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

99.             No. 08RZ009 - Second Reading, Ordinance No. 5383, 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 Low Density Residential District to Public District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner Block 2 of Neffs Subdivision No.2, and the point of beginning, Thence, first course: S001420W, along the westerly boundary of said Block 2, a distance of 128.02 feet, to the northeasterly corner of Block 1 of Neff Subdivision V; Thence, second course: S840128W, along the northerly boundary of said Block 1, a distance of 365.67 feet, to the northwesterly corner of said Block 1; Thence, third course: N135121W, a distance of 205.16 feet, to a corner on the westerly boundary of Tract A of F & N Subdivision; Thence, fourth course: S852519E, a distance of 414.67 feet, to the northwesterly corner Block 2 of Neffs Subdivision No.2, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

100.         No. 08RZ010 - Second Reading, Ordinance No. 5384, 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 Low Density Residential District to Office Commercial District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly of Tract B of Neffs Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S894404E, along the westerly boundary of said Tract A, a distance of 112.99 feet, to a corner on the westerly boundary of said Tract A; Thence, second course: S135121E, a distance of 205.16 feet, to the northwesterly corner of Block 1 of Neffs Subdivision V, common to a point on the southerly boundary of said Tract A; Thence, third course: S000701W, along the southerly boundary of said Tract A, common to the westerly boundary of said Block 1, a distance of 148.23 feet, to a point on the southerly boundary of said Tract A; Thence, fourth course: N893933W, along the southerly boundary of said Tract A, a distance of 164.80 feet, to the southwesterly corner of said Tract A, common to the easterly boundary of said Tract B; Thence, fifth course: N002928E, along the westerly boundary of said Tract A, common to the easterly boundary of said Tract B, a distance of 346.97 feet, to the northeasterly of Tract B of Neffs Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, located east of the northern terminus of Jolly Lane and west of Sweetbriar Street.

101.         No. 08RZ011 - Second Reading, Ordinance No. 5385, 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 Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Tract A of F & N Subdivision, thence S894853E, along the northerly boundary of said Tract A, a distance of 168.32 feet, to the point of beginning; Thence, first course: S894742E, along the northerly boundary of said Tract A, a distance of 701.98 feet, to section 1/16th corner; Thence, second course: S000638W, along the section 1/16th line, a distance of 537.65 feet; Thence, third course: N895150W, a distance of 98.10 feet; Thence, fourth course: curving to the left, on a curve with a radius of 400.00 feet, a delta angle of 202326, a length of 142.35 feet, a chord bearing of S795627W, and chord distance of 141.60 feet; Thence, fifth course: S694443W, a distance of 50.69 feet; Thence, sixth course: S201516E, a distance of 5.25 feet; Thence, seventh course: curving to the right, on a curve with a radius of 288.00 feet, a delta angle of 201959, a length of 102.21 feet, a chord bearing of S100517E, and chord distance of 101.67 feet; Thence, eighth course: S000443W, a distance of 8.38 feet, to a point on the southern boundary of said Tract A; Thence, ninth course: S895523W, along the southerly boundary of said Tract A, a distance of 29.49 feet, to the northeasterly corner of Block 2 of Neffs Subdivision No. 2; Thence, tenth course: N895011W, along the southerly boundary of said Tract A, common to the northerly boundary of said Block 2, a distance of 161.21 feet, to the a southerly corner of said Tract A, common to the northwesterly corner of said Block 2; Thence, eleventh course: N000908E, a distance of 31.62 feet; Thence, twelfth course: N201516W, a distance of 707.30 feet, to a point on the northerly boundary of said Tract A, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

102.         No. 08RZ012 - Second Reading, Ordinance No. 5386, 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 Low Density Residential District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly corner of Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S000740W, a distance of 25.77 feet, to the northwesterly corner of Block 12 of Big Sky Subdivision; Thence, second course: S000740W, along the westerly boundary of said Block 12, a distance of 144.58 feet; Thence, third course: S713702W, along the westerly boundary of said Block 12, common to the easterly boundary of said Tract A, a distance of 14.49 feet; Thence, fourth course: S402212E, along the westerly boundary of said Block 12, a distance of 920.50 feet; Thence, fifth course: S185540E, along the westerly boundary of said Block 12, a distance of 55.05 feet; Thence, sixth course: S223924E, along the westerly boundary of said Block 12, a distance of 54.51 feet; Thence, seventh course: S054423E, along the westerly boundary of said Block 12, a distance of 47.63 feet; Thence, eighth course: N895736E, along the westerly boundary of said Block 12, a distance of 92.82 feet, to the northwesterly corner of Lot 1 of Block 10 of Big Sky Subdivision; Thence, ninth course: S000005W, along the westerly boundary of said Lot 1 of Block 10, a distance of 115.16 feet, to the southwesterly corner of said Lot 1 of Block 10; Thence, tenth course: S000005W, a distance of 52.00 feet, to the northwesterly corner Lot 1 of Block 9 of Big Sky Subdivision; Thence, eleventh course: S000005W, along the westerly boundary of said Lot 1 of Block 9, a distance of 134.71 feet, to a point on the southwesterly corner of said Lot 1 of Block 9; Thence, twelfth course: N894743W, along the northerly boundary of Lot 31 of Degeest Subdivision, a distance of 252.04 feet, to the northwesterly corner of said Lot 31 of Degeest Subdivision; Thence, thirteenth course: N894743W, a distance of 63.00 feet, to the northeasterly boundary of Block 1 of Mack Subdivision; Thence, fourteenth course: N894743W, along the northerly boundary of said Block 1 of Mack Subdivision, a distance of 399.97 feet, to the northwesterly corner of said Block 1 of Mack Subdivision; Thence, fifteenth course: N001235E, a distance of 631.94 feet, to the northeasterly corner Block 1 of Neffs Subdivision No. 2; Thence, sixteenth course: N895244W, along the northerly boundary of said Block 1 said Neffs Subdivision No. 4, a distance of 468.56 feet, to the northwesterly corner of said Block 1 of Neffs Subdivision No. 2; Thence, seventeenth course: S895524W, a distance of 30.00 feet; Thence, eighteenth course: N000443E, a distance of 8.38 feet; Thence, nineteenth course: curving to the left, on a curve with a radius of 288.00 feet, a delta angle of 201959, a length of 102.21 feet, a chord bearing of N100517W, and chord distance of 101.67 feet; Thence, twentieth course: N201516W, a distance of 5.25 feet; Thence, twenty-first course: N694443E, a distance of 50.69 feet; Thence twenty-second course: curving to the right, on a curve with a radius of 400.00 feet, a delta angle of 202326, a length of 142.35 feet, a chord bearing of N795627E, and chord distance of 141.60 feet; Thence, twenty-third course: S895150E, a distance of 98.10 feet, to a point on the section 1/16th line; Thence, twenty-fourth course: N000638E, along the section 1/16th line, a distance of 537.65 feet, to the section 1/16th corner, common to a point on the northerly boundary of said Tract A; Thence, twenty-fifth course: S894843E, along the northerly boundary of said Tract A, a distance of 226.22 feet, to the northeasterly corner of Tract A of F & N Subdivision, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

103.         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.

104.         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.

105.         No. 08SV014 - A request by Dream Design International Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Sweetbriar Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1-8 of Block 1 and 2; Lots 1-33 of Block 3; Tracts A, B, C and D of Block 4; and the Drainage Lot 1, Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

106.         No. 08SV016 - A request by Sperlich Consulting, Inc. for TK Engesser Investments, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, pavement, street light conduit, sewer and water along Dun Road and Radar Hill Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 4 of Engressor Subdivison, located in the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located southwest of the intersection of South Dakota Highway 44 and Radar Hill Road.

107.         No. 08SV022 - A request by Davis Engineering, Inc. for Larry P. and Terry Silver Wetch for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and to waive the requirement to provide additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots A and B of Tract C of C.D. Rounds Subdivision, located in the SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract C of C.D. Rounds Subdivision, located in the SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3401 Sturgis Road.

Continue the following items until June 2, 2008:

108.         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.

109.         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.

110.         No. 08VE005 - A request by Renner & Assoc. for Pete Lien & Sons for a Vacation of Access Easement on the 50 foot wide Access Easement, located in the SE1/4 NE1/4, Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located along Universal Road and Sturgis Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 74 123

CONSENT PUBLIC HEARING ITEMS Item 111 - 115

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

111.         Rushmore Curling Club, Inc. for a special Beer License for an event scheduled May 2, 3, & 4, 2008 at Roosevelt Park Ice Arena, 235 Waterloo Street

112.         Black Hills Heritage Festival for a special Beer License for an event scheduled July 3, 4, 5, & 6, 2008 in Memorial Park

113.         Gab Denk Kwak and Kaz Campillo dba Hana Restaurant, 2328 West Main Street for a Retail (On-Sale) Wine License

114.         Gab Denk Kwak and Kaz Campillo dba Hana Restaurant, 2328 West Main Street for a Retail (On-Off Sale) Malt Beverage License NOT ELIGIBLE FOR VIDEO LOTTERY

115.         Arrowhead Country Club dba Arrowhead Country Club, 3675 Sheridan Lake Road for a Retail (On-Off Sale) Malt Beverage License NOT ELIGIBLE FOR VIDEO LOTTERY

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS Items 116 - 123

116.         No. 08AN007 - A request by City of Rapid City to consider an application for a Resolution of Intent to Annex on Tract B of Lot 2 of Lot A, Lot 1 and Lot 2 of Tract A, and Lot 3 all in Barnhart Addition; Tract E & Dedicated Private Drive of KOA Subdivision in the SE SW; Lot A of SE NW; Lot 1A of Lot 1 of Lot A of SW SW; Tract 1, formerly Lot 1 of Lot B, a portion of the residual portion of Lot B, and portions of Lots 2 and 3 of Lot A including 25 feet private access agreement on residual portion of Lot C, all in the SW SW; Lot D including Lot 1 of Lot D located in the SW SW; Tract B of SE SW; Unplatted Balance of W SE SW; SW NW and NW SW including Lot A of NW SW; Government Lot 4; the 150 foot wide E. Highway 44 right-of-way lying south of Lot 1A of Lot 1 of Lot A of SW SW, all located in Section 4, T1N, R8E, BHM, Pennington County, South Dakota; and, The 150 foot wide E. Highway 44 right-of-way within Section 4 lying south of Lot 3, Lots 1 & 2 of Tract A, Tract B of Lot 2 of Lot A, all of Barnhart Addition, Section 4, T1N, R8E, BHM, Pennington County, South Dakota; and, Tract A of SE1/4 SW1/4 of Section 4 and the NE NW of Section 9; Tract C of SE SW of Section 4 and Parcel E of NE NW of Section 9; and the 150 foot wide E. Highway 44 right-of-way lying south of Tract C of SE SW of Section 4 and Parcel E of NE NW of Section 9; all located in T1N, R8E, BHM, Pennington County, South Dakota; and, The part of Lot E of the NE NW1/4 lying north of the highway right-of-way for access to Interstate Highway No. 90, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; and, All of Hillsview Subdivision including Hillside Drive and Eagle Drive rights-of-way and Rockhill Road, an access easement; SE of GL 1 less N100 feet of SE of GL 1 including Lot A of Lutheran Subdivision; All of Marshall Subdivision including Homestead Street and Glenside Drive rights-of-way and Windhaven Drive, a private access easement; NE of Government Lot 1 (NE NE NE); Lot 5 and Lot 7 of E SE; The 150 foot wide E. Highway 44 right-of-way, including Lots H-1, H-2, H-3, and H-4, all located in the E of Section 5, lying south of Lot 5 and Lot 15 Revised and Lot 17 and the west 100 feet of Lot 14, all of Hillsview Subdivision, and Lot 7 of E SE; all located in Section 5, T1N, R8E, BHM, Pennington County, South Dakota; and, The 66 foot wide Valley Drive right-of-way north of S. D. Highway 44 located in the western boundary of the W of Section 4 and the eastern boundary of the E of Section 5, all located in T1N, R8E, BHM, Pennington County, South Dakota; and, The 100 foot wide railroad right-of-way lying north of Lot D of SW SW not already located within the City of Rapid City, Section 4, T1N, R8E, BHM, Pennington County, South Dakota; and, E SE of Section 32, T2N, R8E, BHM, Pennington County, South Dakota; and, SW of Section 33, T2N, R8E, BHM, Pennington County, South Dakota, more generally described as being located north and south of S.D. Highway 44 and east and west of Valley Drive

117.         No. 08SV017 - A request by Sperlich Consulting, Inc. for Paul Reinke for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer service lines as per Chapter 16.16 of the Rapid City Municipal Code on Lot A Revised of Block 1 of Quartz Canyon Subdivision, located in the SW1/4 of the NE1/4, and in the NE1/4, and in the SE1/4 of the NW1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot A of Block 1 of Quartz Canyon Subdivision, and a portion of the SW1/4 of the NE1/4 of Section 7, T1S, R7E, BHM, located in the SW1/4 of the NE1/4, and in the NE1/4, and in the SE1/4 of the NW1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located on Quartz Canyon Lane.

118.         No. 08SV019 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Hewey Clemmons for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water and sewer and to allow asphalt millings in lieu of paving; and to reduce the pavement width from 24 feet to 20 feet as per Chapter 16 of the Rapid City Municipal Code on Lots A, B, C and D 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 S SW , 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, S000453W a distance of 1,050.36 feet; thence, N634140W a distance of 205.00 feet; thence, N843926W a distance of 270.00 feet; thence, N333020W a distance of 84.00 feet; thence, N000000W a distance of 796.70 feet; thence, N572322W a distance of 117.40 feet; thence, N034846E a distance of 95.00 feet; thence, N123932W 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, S895553E 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 041730, an arc length of 442.52 feet, and a chord bearing and distance of S621940E 442.42 feet; thence, continuing southeasterly along the southerly edge of the adjoining railroad right-of-way, S642827E a distance of 72.21 feet more or less, to the point of beginning, located south of the intersection of Apple Tree Road and S. D. East Highway 44.

119.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement, curb, gutter, water, sewer, street light conduit and sidewalk as it abuts Lot 1 of Fort Hayes Subdivision and Lot 4 Revised of Lot 4, located in the NE1/4 SE1/4, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, located at 2255 and 2505 Fort Hayes Drive. (08SV020)

120.         No. 08SV020 - A request by Fisk Land Surveying & Consulting Engineers for Herman Jones for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer and dedicate additional Right-of-way as per Chapter 16 of the Rapid City Municipal Code on Lot 1 of Fort Hayes Subdivision and Lot 4 Revised of Lot 4, located in the NE1/4 SE1/4, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, located at 2255 and 2505 Fort Hayes Drive.

121.         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, water, sewer and additional pavement along Nemo Road, to install curb, gutter, street light conduit, water, sewer and pavement along the existing section line highways and the proposed 50 foot wide private access and utility easement as they abut that portion of the SE1/4 SW1/4 lying north of Nemo Road, Section 14, T2N, R6E, BHM, and; the N1/2 NE1/4 less Lot 1 of Barbara Subdivision, and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located at 8970 Nemo Road. (08SV021)

122.         No. 08SV021 - A request by Fisk Land Surveying & Consulting Engineers for Robert Schmitz for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk, water, sewer and pavement and to waive the requirement to dedicate right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of U Lazy Two Ranch Estates Subdivision and dedicated right-of-way located in, and formerly all of, that portion of the SE1/4 SW1/4 lying north of Nemo Road, Section 14, T2N, R6E, BHM, and; the N1/2 NE1/4 less Lot 1 of Barbara Subdivision, and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, legally described as that portion of the SE1/4 SW1/4 lying north of Nemo Road, Section 14, T2N, R6E, BHM, and; the N1/2 NE1/4 less Lot 1 of Barbara Subdivision, and the unplatted portion of the NE1/4 NW1/4 lying east of Nemo Road, Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located at 8970 Nemo Road.

123.         No. 08RZ005 - Second Reading, Ordinance No. 5379, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Kristen Lowe for Traci Klatt for a Rezoning from General Commercial District to Medium Density Residential District on the east 150 feet of Lot 20 thru 21 of Block 1 of Lot 7, located in the SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4216 Canyon Lake Drive.

BILLS

124.         No. CC050508-01 Bill List for May 5, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN