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

May 19 , 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 May 5, 2008 and April 23, 2008 Information Meeting 

AWARDS AND RECOGNITIONS 

1.                  Veteran of the Month 

2.                  Acknowledge appointment of Dale Tech as City Engineer; and administer Loyalty Oath and offer Certificate of Appointment 

3.                  Employee Recognition and Award 

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 4 - 195 

Public Comment opened – Items 4 - 181

Public Comment closed 

CONSENT ITEMS – Items 4 - 181 

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 (June 2, 2008) 

            2008 – 2009 Retail (On-Off Sale) Malt Beverage License with Video Lottery 

4.                  Wal-East Development, Inc. dba Jackpot Casino II, 685 "C" LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

5.                  Angie’s, Inc. dba Angie’s, 1028 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

6.                  MG Oil Company dba BP Casino, 609 Mt. View Road, Ste. C-1 for Retail (On-Off Sale) Malt Beverage License with Video Lottery

7.                  D&S Time Square Casino, Inc. dba Breakroom Casino, 355 11th Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

8.                  Harbry Enterprises, Inc. dba Buck’N Gator Lounge, 4095 Sturgis Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

9.                  Robert W. Johnson dba Canyon Lake Pub & Casino, 4116 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

10.             Carolyn’s Casino, Inc. dba Carolyn’s Casino, 512 West Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

11.             Continental Leisure, Inc. dba Carousel Casino, 2050 West Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

12.             Cimarron Casino, Inc. dba Chicago Street Casino, 3609 Sturgis Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

13.             Colonial House, Inc. dba Colonial House Restaurant, 2501 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

14.             Dean Henrichsen dba Dean”O”s Casino, 903 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

15.             Doyle Estes dba High Plains Securities (inactive), 4030 Cheyenne Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

16.             MG Oil Company dba East North Casino, 230 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

17.             MG Oil Company dba East St. Patrick Casino, 1226 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

18.             Cimarron Casino, Inc. dba Eastside Plaza Casino, 1000 Cambell Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

19.             Elks Lodge dba Elks Lodge No. 1187, 3333 E. 39th Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

20.             M. G. Oil Company dba Chance's, 110 Cambell Street, Ste. E for Retail (On-Off Sale) Malt Beverage License with Video Lottery

21.             MG Oil Company dba Haines Avenue Casino, 1735 Haines Avenue for Retail (On-Off Sale) Malt Beverage License with Video Lottery

22.             SCL, Inc. dba Hall Inn, 214 E. St. Joe Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

23.             SD Vending, Inc. dba Happy Jack’s East, 909 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

24.             SD Vending, Inc. dba Happy Jack’s Downtown, 713 Omaha Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

25.             SD Vending, Inc. dba Happy Jack’s Cambell Street, 1601 Cambell Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

26.             SD Vending, Inc. dba Happy Jack’s, Too, 909 St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

27.             Omaha Players Company dba Happy Jack’s Omaha Street, 1109 W. Omaha Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

28.             SD Vending, Inc. dba Happy Jack’s West, 1925 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

29.             SD Vending, Inc. dba Happy Jack’s Valley, 747 Timmons Blvd., Ste. B for Retail (On-Off Sale) Malt Beverage License with Video Lottery

30.             M&B Investments, Inc. dba The Hideaway, 1575 LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

31.             Michael Wieseler dba Horseshoe Bar, 1407 1/2 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

32.             Wyngard Pot-O-Gold Casino, Inc. dba Luck D's Casino, 1330 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

33.             Wal-East Development dba Jackpot Casino, 685 LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

34.             Wal-East Development dba Jackpot Casino Too, 1415 N. LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

35.             ZBT, Inc.  dba Jackpot Casino East, 2708 East Hwy 44 for Retail (On-Off Sale) Malt Beverage License with Video Lottery

36.             CHAS, Inc.  dba Jackpot Casino West, 2144 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

37.             SARF, Inc.  dba Joker’s Casino South, 1320 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

38.             CHAS, Inc.  dba Jackpot West II, 2144 Jackson Blvd., Ste. 4 for Retail (On-Off Sale) Malt Beverage License with Video Lottery

39.             Carolyn's Casinos, Inc. dba Carolyn's Too, 1141 Deadwood Avenue, Ste. 2 for Retail (On-Off Sale) Malt Beverage License with Video Lottery

40.             MG Oil Company dba LaCrosse Street Casino #1, 720 N. LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

41.             MG Oil Company dba LaCrosse Street Casino #2, 720 N. LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

42.             Cimarron Casino, Inc. dba Main Street Gap Casino, 1727 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

43.             Rapid Bowl, Inc. dba Meadowood Lanes, 3809 Sturgis Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

44.             CCKT, Inc.  dba King of Heart’s Casino, 3030 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

45.             WR Rapid City Ventures, LP dba Oakleaf Beer Garden, 2211 LaCrosse Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

46.             Nifty Fifties, Inc.  dba Parkway Restaurant, 312 E. Blvd. North for Retail (On-Off Sale) Malt Beverage License with Video Lottery

47.             Wyngard Pot-O-Gold Casino, Inc. dba Pot-O-Gold Casino, 1300 Centre Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

48.             CCKT, Inc.  dba Queen of Hearts Casino, 316 E. Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

49.             MG Oil Company dba Market Square Casino, 1624 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

50.             Frank Morrison dba Thirsty's, 819 Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

51.             Robbinsdale Rec Center, Inc. dba Robbinsdale Rec Center, 805 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

52.             Fox Family Enterprises, Inc.  dba Rodeway Inn, 2208 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

53.             MG Oil Company dba Rushmore Casino, 1808 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

54.             Lybek’s 21st Century, Inc.  dba Shenanigan’s Casino, 3788 East Hwy 44 for Retail (On-Off Sale) Malt Beverage License with Video Lottery

55.             Shooters, Inc. dba Shooters, 2424 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

56.             Doyle Estes dba High Plains Securities, 4030 Cheyenne Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

57.             United Food, Inc.  dba Toby’s Casino, 720 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

58.             United Food, Inc.   dba Toby’s Casino South, 710 Cleveland Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

59.             MG Oil Company dba Uncle Sam’s East, 1122 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

60.             MG Oil Company dba Uncle Sam’s South, 2110 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

61.             MG Oil Company dba Uncle Sam’s West, 2730 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

62.             MG Oil Company dba Warehouse Bar, 200 E. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

63.             Peaceful Pines Casino, Inc. dba West Main Square Casino, 3205 W. Main Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

64.             Hungry's Restaurant, Inc. dba Marlin’s Roadhouse Grill, 2803 Deadwood Avenue for Retail (On-Off Sale) Malt Beverage License with Video Lottery

65.             Bosselman, Inc. of South Dakota dba Bosselman Travel Center, 2783 Deadwood Avenue for Retail (On-Off Sale) Malt Beverage License with Video Lottery

66.             Entertainment, Inc. dba Nu Robbinsdale Casino, 803 E. St. Patrick Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

67.             Ken-Ben, Inc. dba 8th Street Lounge, 2201 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery 

            2008 – 2009 Retail (On-Off Sale) Malt Beverage License NOT ELIGIBLE Video Lottery 

68.             Black Hills Amateur Baseball dba Amateur Baseball, McKeague Field for Retail (On-Off Sale) Malt Beverage License No Video Lottery

69.             Deadwood Outfitter, Inc. dba Deadwood Outfitter, 2820 Harley Drive for Retail (On-Off Sale) Malt Beverage License No Video Lottery

70.             Botticelli Ristorante dba Botticelli Ristorante, 523 Main Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

71.             Central States Fair, Inc. dba Central States Fair, 800 San Francisco Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

72.             Mae Jean Adams dba The Corn Exchange, 727 Main Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

73.             Barbecsul, Inc. dba Executive Golf Course, 200 12th Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

74.             GF Pizza, Inc. dba Godfathers Pizza, 110 Cambell Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

75.             Dan T. Ly dba Golden Fortune, 1204 East North Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

76.             S & Y, Inc. dba The Golden Phoenix, 2421 West Main for Retail (On-Off Sale) Malt Beverage License No Video Lottery

77.             Yeung, Inc. dba Great Wall Chinese Restaurant, 315 East North Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

78.             Century Motels, Inc. dba Howard Johnson Express Inn, 950 North Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

79.             Rhonda Berger & Jim Berger dba Ichiban, 1109 W. Omaha Street, Ste. A for Retail (On-Off Sale) Malt Beverage License No Video Lottery

80.             Yeung, Inc. dba Imperial Chinese Restaurant, 702 East North Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

81.             Museum Alliance of Rapid City dba The Journey Museum, 222 New York Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

82.             Khoury's Mediterranean Cuisine, Inc. dba Khoury's Mediterranean Cuisine, 2520 West Main Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

83.             Los Espinos LLC dba LaCosta Mexican Restaurant, 603 Omaha Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

84.             Barbecsul, Inc. dba Sandtrap Grill & Bar, 3625 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License No Video Lottery

85.             Northcott Company dba Perkins Restaurant, 2305 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License No Video Lottery

86.             Northcott Company dba Perkins Restaurant, 1715 N. LaCrosse for Retail (On-Off Sale) Malt Beverage License No Video Lottery

87.             Walter Banovil dba Picasso Barn Pizzeria, 325 Omaha Street, Suite 6 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

88.             Piesano’s Pacchi, Inc. dba Piesano’s, 3618 Canyon Lake Drive, #121 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

89.             Black Hills QMG, LLC dba Qdoba, 741 Mt. View Road for Retail (On-Off Sale) Malt Beverage License No Video Lottery

90.             Delmonico Grill dba Delmonico Grill, 609 Main Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

91.             City of Rapid City dba Rushmore Plaza Civic Center, 444 N. Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License No Video Lottery

92.             Mai T. Goodsell dba Saigon Restaurant, 221 East North Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

93.             Chris Emme, Lee Ann Emme, Jenneye Sartorius dba S & E Investments, 3300 N. Deadwood Avenue for Retail (On-Off Sale) Malt Beverage License No Video Lottery

94.             BH Food Services, Inc. dba Fuddruckers (Rushmore Mall), 2200 N. Maple Avenue, #330 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

95.             Atlantis LLC dba Watiki Indoor Water Park Resort / Fairfield Inn & Suites by Marriott, 1314 N. Elk Vale Road for Retail (On-Off Sale) Malt Beverage License No Video Lottery

96.             World Class Golf, Inc. dba World Class Golf, 5622 Sheridan Lake Road, #105 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

97.             Leading Edge Management, LLC dba Buffalo Wings and Rings, 5622 Sheridan Lake Road for Retail (On-Off Sale) Malt Beverage License No Video Lottery

98.             Hotel Management Co. Inc dba Alex Johnson Hotel, 523 Sixth Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

99.             Orris Enterprises, Inc.  dba Vino 100, 520 7th Street, Ste. 520 for Retail (On-Off Sale) Malt Beverage License No Video Lottery

100.         Black Hills Coffee Company dba Black Hills Coffee, 5955 So Hwy 16 Ste G for Retail (On-Off Sale) Malt Beverage License No Video Lottery

101.         Wine Cellar Restaurant, LLC dba Wine Cellar Restaurant, 516 6th Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery

102.         Chrisbro LLC dab Hampton Inn, 1720 Rapp Street for Retail (On-Off Sale) Malt Beverage License No Video Lottery 

            2008 – 2009 Package (Off Sale) Malt Beverage License 

103.         Nash Finch Company dba Family Thrift Center #254, 855 Omaha Street for Package (Off Sale) Malt Beverage License

104.         Fuel Food Mart, Inc. dba Amoco Food Shop No. 4, 901 East North Street for Package (Off Sale) Malt Beverage License

105.         Fuel Food Mart, Inc. dba Amoco Food Shop No. 5, 601 Mt. View Road for Package (Off Sale) Malt Beverage License

106.         MG Oil Company dba Amoco Food Shop No. 8, 302 East North Street   for Package (Off Sale) Malt Beverage License

107.         MG Oil Company dba Amoco Food Shop No. 9, 1220 E. St. Patrick Street for Package (Off Sale) Malt Beverage License

108.         MG Oil Company dba Amoco Food Shop No. 10, 1818 Mt. Rushmore Road for Package (Off Sale) Malt Beverage License

109.         Big D Oil Company dba Big D Oil Co. Store #41, 1160 LaCrosse Street, for Package (Off Sale) Malt Beverage License

110.         Big D Oil Company dba Big D Oil Co. Store #42, 850 East North Street for Package (Off Sale) Malt Beverage License

111.         Big D Oil Company dba Big D Oil Co Store #17, 3540 Sturgis Road   for Package (Off Sale) Malt Beverage License

112.         Robert L. Stiehl dba Circle S Market, 310 Fairmont Blvd. for Package (Off Sale) Malt Beverage License

113.         Moyle Petroleum dba Common Cents Food Store #107, 4128 Canyon Lake Drive   for Package (Off Sale) Malt Beverage License

114.         Moyle Petroleum dba Common Cents Food Store, 1909 LaCrosse Street for Package (Off Sale) Malt Beverage License

115.         Moyle Petroleum dba Common Cents Food Store, 1129 West Omaha Street for Package (Off Sale) Malt Beverage License

116.         Moyle Petroleum dba Common Cents Food Store, 2660 Mt. Rushmore Road for Package (Off Sale) Malt Beverage License

117.         M. G. Oil Company dba Corner Pantry, 501 Deadwood Avenue for Package (Off Sale) Malt Beverage License

118.         Nash Finch Company dba Family Thrift No. 253, 1516 E. St. Patrick Street   for Package (Off Sale) Malt Beverage License

119.         Fresh Start Convenient Stores, Inc  dba Fresh Start-Rapid City, 520 Birch Avenue  for Package (Off Sale) Malt Beverage License

120.         I-90 Amoco, Inc. dba I-90 Standard, 2213 N. LaCrosse Street   for Package (Off Sale) Malt Beverage License

121.         Country Stores, Inc. dba BJ's St. Patrick Street, 701 E. St. Patrick Street   for Package (Off Sale) Malt Beverage License

122.         Mini Mart, Inc. dba Mini Mart No. 443, 3106 West Main Street  for Package (Off Sale) Malt Beverage License

123.         Mini Mart, Inc. dba Mini Mart No. 444, 1627 Mt. Rushmore Road   for Package (Off Sale) Malt Beverage License

124.         Mini Mart, Inc. dba Mini Mart No. 447, 1601 North Haines Avenue   for Package (Off Sale) Malt Beverage License

125.         Mini Mart, Inc. dba Mini Mart No. 451, 4260 Canyon Lake Drive   for Package (Off Sale) Malt Beverage License

126.         Moyle Petroleum dba North Street Smoke Shop. 634 East North Street for Package (Off Sale) Malt Beverage License

127.         Safeway Stores 46, Inc. dba Safeway No. 1554, 730 Mt. View Road  for Package (Off Sale) Malt Beverage License

128.         Big D Oil Company dba Big D Oil Co. #8, 2303 Jackson Blvd. for Package (Off Sale) Malt Beverage License

129.         Superpumper, Inc. dba Superpumper No. 16, 3275 Highway 79 South   for Package (Off Sale) Malt Beverage License

130.         Superpumper, Inc. dba Superpumper No. 27, 2215 Haines Avenue   for Package (Off Sale) Malt Beverage License

131.         Carol Enterprises dba Don's Valley Express, 4030 Cheyenne Blvd   for Package (Off Sale) Malt Beverage License

132.         Jim Buchli dba Rushmore Sinclair, 2420 Mt. Rushmore Road for Package (Off Sale) Malt Beverage License

133.         LaGrand Station, LLC dba LaGrand Station, 3851 Eglin for Package (Off Sale) Malt Beverage License

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

135.         Fresh Start Convenience Stores, Inc. dba Fresh Start-Rapid City, 520 Birch Avenue for Package (Off Sale) Malt Beverage License 

Public Works Committee Consent Items

136.         Acknowledge report on paid consultants recommendations and deviation of those recommendations without Council knowledge or approval

137.         No. PW051308-11 – Acknowledge report on Canyon Lake dam funding

138.         No. CC050508-02.7 – Reject all bids for Portable Chemical Toilet Facilities for Various Departments; and authorize staff to re-advertise for bids

139.         No. PW051308-02 – Approve Change Order No. 1F for Block 16 Flormann Addition Area Sanitary Sewer Extension Project No. SS07-1682 / CIP No. 50701 to Mainline Contracting, Inc. for a decrease of $32,600.59.

140.         No. PW051308-04 – Authorize staff to advertise for bids for Asphalt paving repair at Material Recovery Facility/Compost Plant

141.         No. PW051308-05 – Authorize Mayor and Finance Office to sign an Agreement with Advanced Engineering and Environmental Services, Inc. to perform professional services in connection with Utility Rate Study Project No. PW08-1715 / CIP No. 50722 for an amount not to exceed $166,333

142.         No. PW051308-06 - Authorize Mayor and Finance Office to sign an Agreement with FMG, Inc. for the Anamosa Street Reconstruction Project No. ST07-1472 / CIP No. 50519 engineering services; including the final design of water and sewer mains (Non STP eligible) in this segment based on preliminary report and design from CIP No. 50518-1471; for an amount not to exceed $28,290

143.         No. PW051308-07 - Authorize Mayor and Finance Office to sign an Agreement with FMG, Inc. for the Anamosa Street Reconstruction Project No. ST07-1472 / CIP No. 50519 engineering services; including the final design of this segment for reconstruction of curb, & gutter, street surface, drainage system, street lights, and signals, etc. based on preliminary report and design from CIP No. 50518-1471; for an amount not to exceed $89,434.77

144.         No. PW051308-08 - Authorize Mayor and Finance Office to sign an Agreement with Ferber Engineering for Universal Drive Reconstruction Project No. ST08-1701 / CIP No. 50398 for engineering services for design and bidding services for an amount not to exceed $62,340

145.         No. PW051308-09 – Authorize staff to seek proposals for engineering services for Dover Drainage Improvements Project No. DR05-1452 / CIP No. 50025

146.         No. 08VE006 - Approve a request by Ferber Engineering for ARC International, Inc. to consider an application for a Vacation of a portion of a major drainage easement on Lot 4 of Block 1 of Stoney Creek South Subdivision, SW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of the intersection of Sheridan Lake Road and Catron Boulevard

147.         No. 08VE011 - Approve a request by Fisk Land Surveying & Consulting Engineers for Herman Jones to consider an application for a Vacation of Access 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.

148.         No. PW051308-10 - Authorize Mayor and Finance Officer to sign a Temporary Construction Easement over and across a portion of Outlot D, Stoney Creek South Subdivision, SW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally located at 5808 Sheridan Lake Road 

Legal & Finance Committee Consent Items

149.         No. LF051408-01 – Authorize Mayor and Finance Officer to Sign Request for Military Aerial Support (Flyover)

150.         Acknowledge report from South Dakota Career Center on Governor’s Initiative Workforce 2025

151.         No. LF051408-02 - Approve establishing a Life Safety Fund to Provide Low Interest Loans to businesses required to install a sprinkler system in their structure

152.         Approve the 2012 Funding for the Roosevelt Park Improvements for $60,000 and the Rapid City Bus Storage Facility (Police Evidence / Traffic / Transit (PETT)) for $280,000

153.         Acknowledge report on Snow Removal

154.         Acknowledge discussion on 2009 budget

155.         No. LF051408-04 – Approve the event permit for Rapid City YMCA for Street Dance on August 1, 2008

156.         No. LF051408-05 – Approve the event permit for South Dakota School of Mines and Technology M-Week Committee to Hold Parade on October 4, 2008

157.         No. LF051408-17 – Authorize Mayor and Finance Officer to Sign Agreement with EAFB to use the Bomber Alert Apron (BAA) for emergency vehicle and motorcycle operations training

158.         No. LF051408-18 – Approve the event permit for Black Hills Overdrive and Rapid City Police Department to hold Cruiser Night on Friday, June 6, 2008

159.         No. LF051408-21 -  Approve event permit for Summer Nights to close 7th Street between Main Street and Saint Joseph Street from 3 p.m. to 10 p.m. on June 12, 19, 26; July 3, 10, 17, 24, 31;  and August 7, 14,  21 and 28

160.         No. LF051408-06 – Authorize Mayor and Finance Officer to Sign Services Agreement Specialty Transport Personnel and Equipment with Rapid City Regional Hospital, Inc.

161.         No. LF021308-10 - Approve Resolution authorizing the Expenditure of Airport Funds to Support 1 / 2 FTE for the City IT Division

162.         No. LF021308-11A – Approve Resolution acknowledging Staffing Reorganization Plan

163.         No. LF051408-07   Approve Travel Request for Jennifer Eckman to Attend AAAE 80TH Annual Conference & Exposition in New Orleans, LA, June 5-13, 2008, in the Approximate Amount of $2,174

164.         No. LF022708-25 – Authorize staff to notify the Department of Transportation that the City is not interested in acquiring the property adjacent to Executive Golf Course

165.         No LF051408-22 - Authorize the Mayor and Finance Officer to sign the Covenant Agreement for a variance to waive TLC’s requirement to provide sewer service on a tract of land located in the SE1/4 NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota

166.         Acknowledge the following volunteer for Workers Compensation purposes:  Brian Long

167.         No. LF051408-09 – Approve Resolution Declaring Property Surplus (Auction Items)

168.         No. LF051408-10 – Approve Resolution Establishing Change Fund

169.         Authorize staff to seek Requests for Proposals for Purchasing Cards

170.         Authorize staff to seek Requests for Proposals for City Employee Group Life Insurance

171.         No. LF051408-11- Approve the preliminary Community Development Block Grant Five-Year Consolidated Plan, 2008 - 2012

172.         No. LF051408-19 – Approve Travel Request for Russ Tiensvold, GIS Coordinator and Roy Cork, Project Administrator to attend the Cityworks User Conference in Snowbird, UT June 16-18, 2008 in the approximate amount of $2,632

173.         No. LF051408-13 - Approve Travel Request for Jerry Cole, Parks & Recreation Director to attend the 2008 NRPA Congress & Exposition in Baltimore, Maryland, from October 14-19, 2008, in the approximate amount of $3,116

174.         No. LF051408-14 – Authorize Mayor and Finance Officer to Sign Lease Agreement with Soccer Rapid City for use of the following soccer fields: Cambell Street Soccer Fields, Fairmont Boulevard Soccer Field, Minnesota Street Soccer Fields, Noordermeer Soccer Field, Valley Soccer Fields, and West Omaha Street Soccer Field

175.         No. LF051408-15 – Approve request for Assignment of Dinosaur Park Lease to Charles C. McLain IV and Vicki L. McLain; and Authorize Mayor and Finance Officer to Sign Consent to Assignment of Lease

176.         No. LF051408-16 – Acknowledge Raffle Request from Black Hills Mountain Biking Association

177.         Approve the following licenses: Mechanical Apprentice:  Cory Larson, William Gillen, and Michael O’Dowd; Residential Contractor: Gary McKinnon, ABC Design & Construction Co.; and Bryan Coyle, Coyle Construction and Electrical Journeyman:  Marion Van Egmond, Jon Budt, and Chad Lanone 

Growth Management Department Consent Items

178.         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. 

179.         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. 

180.         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. 

181.         No. 08PL054 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Mall Drive Subdivision, and Lots 1A and 1B of Interstate 90 Heartland Business Park, formerly a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Block 6 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Mall Drive and Dakota Craft Drive. 

END OF CONSENT CALENDAR 

Public Comment opened – Items 182 - 195

Public Comment closed 

NON-CONSENT ITEMS – Items 182 - 195 

ORDINANCES

182.         No. LF043008-23 – First Reading, Ordinance No. 5388 to Provide for Sharing the Costs of Replacing Certain Private Sewer Lines 

183.         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. 

184.         No. 08RZ014 - First Reading, Ordinance No. 5391, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Public District on Lot DE of Tract 5 of Sletten Addition, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of West Nike Road and east of Cobalt Drive. 

185.         No. LF043008-18 – Second 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 

GROWTH MANAGEMENT DEPARTMENT ITEMS 

LEGAL & FINANCE COMMITTEE ITEMS

186.         No. PW041508-02  - 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 

187.         No. LF043008-22 – Resolution Regarding Disposal of Items at the Landfill 

188.         No. LF051408-20 - Resolution in Support of the South Dakota Municipal League’s Policy to Allow World Wide Web Publication of Council Meeting Minutes 

189.         Amendment to the Condrey Contract regarding the Staffing Study 

PUBLIC WORKS COMMITTEE ITEMS

190.         Civic Center addition sponsorship bidding, Alderman Hurlbut 

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

192.         No. PW051308-01 - Change Order No. 5 for Rushmore Plaza Civic Center Multipurpose Addition, Bid Package 2, Project No. IDP06-1555 to Sampson Construction for an increase of $84,871 

BIDS

193.         No. CC051908-02 - LaCrosse Street Drainage Improvements Project No. DR01-1157 / CIP No. 50438 (opened May 13, 2008) 

194.         No. CC051908-02 - Meade Street Reconstruction, Phase 2 (E. Meade from Elm to Birch; Elm from Flormann to Tallent) Project No. DR03-1333C / CIP No. 50516 (opened May 13, 2008) 

195.         No. CC051908-02 - Cross Street Railroad Crossing Project No. RR06-1540 / CIP No. 50172 (opened May 13, 2008) 

MAYOR’S ITEMS 

COUNCIL ITEMS & LIAISON REPORTS 

Reconsideration Notices 

Motion for Delivery of Items from Committee 

STAFF ITEMS 

APPEALS

DARB 

License application appeals 

Sign Code Appeals 

Other Appeals Heard by the Council 

CIP COMMITTEE ITEMS 

PUBLIC HEARING ITEMS – Items 196 – 243 

Open Public Hearing (comment) -- Items 196 –243 

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 196 - 230 

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

Continue the following items until June 2, 2008:

196.         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. 

197.         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. 

198.         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. 

199.         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. 

200.         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. 

201.         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. 

202.         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. 

203.         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. 

204.         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 E½ of the SW¼ of the NW¼, 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: S89º47’32”E, 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: S89º44’39”E, a distance of 30.00 feet; Thence, third course: S00º06’50”W, a distance of 1025.13 feet, to a point on the northerly boundary of Tract A of F & N Subdivision; Thence, fourth course: N89º48’13”W, along the northerly boundary of said Tract A, a distance of 229.83 feet; Thence, fifth course: N00º07’35”E, 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. 

205.         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: S89º48’53”E, along the northerly boundary of said Tract A, a distance of 168.32 feet; Thence, second course: S20º15’16”E, a distance of 114.68 feet; Thence, third course: S00º07’35”W, a distance of 571.08 feet; Thence, fourth course: N85º25’19”W, a distance of 207.67 feet, to a point on the westerly boundary of said Tract A; Thence, fourth course: N00º01’18”E, 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. 

206.         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 Neff’s Subdivision, and the point of beginning; Thence, first course: N85º25’19”W, a distance of 207.00 feet; Thence, second course: N00º07’35”E, a distance of 571.08 feet; Thence, third course: S20º15’16”E, a distance of 592.63 feet; Thence, fourth course: S00º09’08”W, a distance of 31.62 feet, to the northwesterly corner of said Lot 2 of Block 2 of Neff’s Subdivision, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road. 

207.         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 Neff’s Subdivision, and to the point of beginning, Thence, first course: N13º51’21”W, a distance of 205.16 feet, to a point on the westerly boundary of Tract A of F & N Subdivision; Thence, second course: S85º25’19”E, a distance of 207.67 feet; Thence, third course: S27º32’45”W, a distance of 198.25 feet, to a point on the northerly boundary of said Lot 1; Thence, fourth course: S84º06’34”W, 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 Neff’s 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. 

208.         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 Neff’s 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: S89º44’04”E, 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: S13º51’21”E, a distance of 205.16 feet, to the northwesterly corner of Block 1 of Neff’s Subdivision V, common to a point on the southerly boundary of said Tract A; Thence, third course: S00º07’01”W, 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: N89º39’33”W, 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: N00º29’28”E, 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 Neff’s 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. 

209.         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 Neff’s Subdivision No. 2, and the point of beginning, Thence, first course: S89º55’24”W, a distance of 30.00 feet; Thence, second course: N00º04’43”E, 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 20º19’59”, a length of 102.21 feet, a chord bearing of N10º05’17”W, and chord distance of 101.67 feet; Thence, fourth course: N20º15’16”W, a distance of 5.25 feet; Thence, fifth course: N69º44’43”E, 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 20º23’26”, a length of 142.35feet, a chord bearing of N79º56’27”E, and chord distance of 141.60 feet; Thence, seventh course: S89º51’50”E, a distance of 98.10 feet, to a point on the section 1/16th line; Thence, eighth course: S00º06’38”W, along the section 1/16th line, a distance of 155.91 feet, to a point on the northerly boundary of Block 1 of Neff’s Subdivision No. 2; Thence, ninth course: N89º52’44”W, along the northerly boundary of said Block 1 of Neff’s Subdivision No. 2, a distance of 235.17 feet, to the northwesterly corner of said Lot 6 of Block 1 of Neff’s 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. 

210.         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. 

211.         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. 

212.         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. 

213.         No. 08PL050 - A request by Centerline, Inc. for Action Development, Inc. for a Preliminary Plat on Lots 1 and 8 of Anamosa Crossing Subdivision, formerly a portion of Tract 1 of Century 21 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 northwest of the intersection of East North Street and the future East Anamosa Street. 

214.         No. 08PL051 - A request by Fisk Land Surveying & Consulting Engineers for Donald and Christine Potts for a Preliminary Plat on Lots 2A, 2B and 2C of Lot 2 of Potts Subdivision, formerly Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Covenant Drive. 

215.         No. 08PL052 - A request by Renner & Associates for Andrea K. Sabow for a Preliminary Plat on Tracts A and B of Tower Place, (description formerly as shown in Book 57 of Deeds, Page 7057, recorded on January 26, 1995), located in the N1/2 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 E1/4 NW1/4 SW/14, Section 14, T1N, R7E, BHM, Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4, N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way for “Old U.S. Highway 16” shown on the plat filed in Highway Plat Book 2, Page 48, and bounded on the south by Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and bounded on the west by the west boundary line of said NE1/4 SW1/4, located at 1640 Skyline Ranch Road. 

216.         No. 08PL053 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 2A, 2B and 2C of Block 3 of Rushmore Crossing, formerly Lots 2 and 3 of Rushmore Crossing, located in the S1/2 of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2 and 3 of Block 3 of Rushmore Crossing, located in the S1/2 of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north side of Eglin Street. 

217.         No. 08PL055 - A request by Advanced Engineering for David M. Grundstrom for a Preliminary Plat on Lots 1 of Lot B3 and Lot 2 of B3 of Parcel B of MJK Subdivision, formerly Lot B3 of Parcel B of the MJK Subdivision located in the NW1/4 of the SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B3 of Parcel B of the MJK Subdivision located in the NW1/4 of the SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 4045 Derby Lane. 

218.         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 E½ of the SW¼ of the NW¼, 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: S89º47’32”E, 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: S89º44’39”E, a distance of 30.00 feet; Thence, third course: S00º06’50”W, a distance of 1025.13 feet, to a point on the northerly boundary of Tract A of F & N Subdivision; Thence, fourth course: N89º48’13”W, along the northerly boundary of said Tract A, a distance of 229.83 feet; Thence, fifth course: N00º07’35”E, 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. 

219.         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: S89º48’53”E, along the northerly boundary of said Tract A, a distance of 168.32 feet; Thence, second course: S20º15’16”E, a distance of 707.30 feet; Thence, third course: S00º09’08”W, a distance of 31.62 feet, to the northwesterly corner of Block 2 of Neff’s Subdivision No. 2; Thence, fourth course: N85º25’19”W, a distance of 414.67 feet, to a point on the westerly boundary of said Tract A; Thence, fifth course: N00º01’18”E, 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. 

220.         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 Neff’s Subdivision No.2, and the point of beginning, Thence, first course: S00º14’20”W, 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: S84º01’28”W, 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: N13º51’21”W, a distance of 205.16 feet, to a corner on the westerly boundary of Tract A of F & N Subdivision; Thence, fourth course: S85º25’19”E, a distance of 414.67 feet, to the northwesterly corner Block 2 of Neff’s 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. 

221.         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 Neff’s 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: S89º44’04”E, 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: S13º51’21”E, a distance of 205.16 feet, to the northwesterly corner of Block 1 of Neff’s Subdivision V, common to a point on the southerly boundary of said Tract A; Thence, third course: S00º07’01”W, 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: N89º39’33”W, 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: N00º29’28”E, 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 Neff’s 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. 

222.         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 S89º48’53”E, along the northerly boundary of said Tract A, a distance of 168.32 feet, to the point of beginning; Thence, first course: S89º47’42”E, along the northerly boundary of said Tract A, a distance of 701.98 feet, to section 1/16th corner; Thence, second course: S00º06’38”W, along the section 1/16th line, a distance of 537.65 feet; Thence, third course: N89º51’50”W, 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 20º23’26”, a length of 142.35 feet, a chord bearing of S79º56’27”W, and chord distance of 141.60 feet; Thence, fifth course: S69º44’43”W, a distance of 50.69 feet; Thence, sixth course: S20º15’16”E, 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 20º19’59”, a length of 102.21 feet, a chord bearing of S10º05’17”E, and chord distance of 101.67 feet; Thence, eighth course: S00º04’43”W, a distance of 8.38 feet, to a point on the southern boundary of said Tract A; Thence, ninth course: S89º55’23”W, along the southerly boundary of said Tract A, a distance of 29.49 feet, to the northeasterly corner of Block 2 of Neff’s Subdivision No. 2; Thence, tenth course: N89º50’11”W, 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: N00º09’08”E, a distance of 31.62 feet; Thence, twelfth course: N20º15’16”W, 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. 

223.         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: S00º07’40”W, a distance of 25.77 feet, to the northwesterly corner of Block 12 of Big Sky Subdivision; Thence, second course: S00º07’40”W, along the westerly boundary of said Block 12, a distance of 144.58 feet; Thence, third course: S71º37’02”W, 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: S40º22’12”E, along the westerly boundary of said Block 12,  a distance of 920.50 feet; Thence, fifth course: S18º55’40”E, along the westerly boundary of said Block 12, a distance of 55.05 feet; Thence, sixth course: S22º39’24”E, along the westerly boundary of said Block 12, a distance of 54.51 feet; Thence, seventh course: S05º44’23”E, along the westerly boundary of said Block 12, a distance of 47.63 feet; Thence, eighth course: N89º57’36”E, 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: S00º00’05”W, 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: S00º00’05”W, a distance of 52.00 feet, to the northwesterly corner Lot 1 of Block 9 of Big Sky Subdivision; Thence, eleventh course: S00º00’05”W, 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: N89º47’43”W, 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: N89º47’43”W, a distance of 63.00 feet, to the northeasterly  boundary of  Block 1 of Mack Subdivision; Thence, fourteenth course: N89º47’43”W, 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: N00º12’35”E, a distance of 631.94 feet, to the northeasterly corner Block 1 of Neff’s Subdivision No. 2; Thence, sixteenth course: N89º52’44”W, along the northerly boundary of said Block 1 said Neff’s Subdivision No. 4, a distance of 468.56 feet, to the northwesterly corner of said Block 1 of Neff’s Subdivision No. 2; Thence, seventeenth course: S89º55’24”W, a distance of 30.00 feet; Thence, eighteenth course: N00º04’43”E, 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 20º19’59”, a length of 102.21 feet, a chord bearing of N10º05’17”W, and chord distance of 101.67 feet; Thence, twentieth course: N20º15’16”W, a distance of 5.25 feet; Thence, twenty-first course: N69º44’43”E, 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 20º23’26”, a length of 142.35 feet, a chord bearing of N79º56’27”E, and chord distance of 141.60 feet; Thence, twenty-third course: S89º51’50”E, a distance of 98.10 feet, to a point on the section 1/16th line; Thence, twenty-fourth course: N00º06’38”E, 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: S89º48’43”E, 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.  

224.         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. 

225.         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. 

226.         No. 08SV023 - A request by Centerline, Inc. for Action Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk and sewer along East North Street and to install sewer along portions of Century Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 8 of Anamosa Crossing Subdivision, formerly a portion of Tract 1 of Century 21 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 northwest of the intersection of East North Street and the future East Anamosa Street. 

227.         No. 08SV024 - A request by Fisk Land Surveying & Consulting Engineers for Donald and Christine Potts for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and street light conduit along Catron Boulevard and Covenant Drive and to waive the requirement to install pavement, curb, gutter, water, sewer, sidewalk and street light conduit and dedicate Right-of-way along the section line Right-of-way and to waive sidewalk along a portion of Covenant Drive as per Chapter 16 of the Rapid City Municipal Code on Lots 2A, 2B and 2C of Lot 2 of Potts Subdivision, formerly Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Covenant Drive. 

228.         No. 08SV025 - A request by Renner & Associates for Andrea K. Sabow 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 Tracts A and B of Tower Place, (description formerly as shown in Book 57 of Deeds, Page 7057, recorded on January 26, 1995), located in the N1/2 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 E1/4 NW1/4 SW/14, Section 14, T1N, R7E, BHM, Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4, N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way for “Old U.S. Highway 16” shown on the plat filed in Highway Plat Book 2, Page 48, and bounded on the south by Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and bounded on the west by the west boundary line of said NE1/4 SW1/4, located at 1640 Skyline Ranch Road. 

Continue the following items until June 16, 2008:

229.         No. 08PL025 - A request by Sperlich Consulting, Inc. for Triple Z Real Estate Development for a Preliminary Plat on Lots 12A and 12B of Block 10 of Elks Country Estates, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 12R of Block 10 of Elks Country Estates, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3522 Sawgrass Court. 

Continue the following items until July 21, 2008:

230.         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. 

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS 

Close Public Hearing (comment) -- Items 196 – 243 

CONSENT PUBLIC HEARING ITEMS – Item 231 - 232 

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

GROWTH MANAGEMENT ITEMS 

ALCOHOL LICENSES

231.         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

232.         TADY LLC dba Teddy’s Sports Grill, 826 Main Street for Retail (On-Sale) Liquor License with Sunday Opening TRANSFER from Cowboy Casino, Inc. dba Woody’s, 826 Main Street 

ASSESSMENT ROLLS 

OTHER ITEMS REQUIRING PUBLIC HEARINGS 

END OF CONSENT PUBLIC HEARING CALENDAR 

NON-CONSENT PUBLIC HEARING ITEMS – Items 233 - 243

233.         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 NW¼ SW¼ 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 N01º34’53”E, 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 40º47’10”, 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 S70º48’41”E, along the southerly lot line of said Tract BD, a distance of 124.47 feet; Thence departing said southerly lot line S19º11’19”W, 116.69 feet to the northeast lot corner of said Lot 3, Block 3; thence S89º21’43”W, 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. 

234.         No. 08CA015 - A request by Jami Carpenter for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Neighborhood Commercial to Medium Density Residential 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. 

235.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter and street light conduit along Catron Boulevard, to install curb, gutter, water and street light conduit along U.S. Highway 16 Service Road and to install sidewalk along both sides of Catron Boulevard and U.S. Highway 16 Service Road as they abut 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.   (08SV006) 

236.         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. 

237.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, water, sewer, street light conduit and sidewalk as it abuts 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.  (08SV016) 

238.         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. 

239.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement along the alley rights-of-way as they abut 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. (08SV022) 

240.         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. 

241.         No. 08SV026 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2A, 2B and 2C of Block 3 of Rushmore Crossing, formerly Lots 2 and 3 of Rushmore Crossing, located in the S1/2 of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2 and 3 of Block 3 of Rushmore Crossing, located in the S1/2 of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north side of Eglin Street. 

242.         No. 08SV027 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk along the north side of East Mall Drive and Dakota Craft Drive on Lots 1, 2 and 3 of Mall Drive Subdivision, and Lots 1A and 1B of Interstate 90 Heartland Business Park, formerly a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Block 6 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Mall Drive and Dakota Craft Drive. 

243.         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 NW¼ SW¼ 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 N01º34’53”E, 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 40º47’10”, 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 S70º48’41”E, along the southerly lot line of said Tract BD, a distance of 124.47 feet; Thence departing said southerly lot line S19º11’19”W, 116.69 feet to the northeast lot corner of said Lot 3, Block 3; thence S89º21’43”W, 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. 

BILLS

244.         No. CC051908-01 – Bill List for May 19, 2008

ADDENDUM 

Alcoholic Beverage License Applications Set for Hearing (June 2, 2008)

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

246.         Heartland Entertainment, LLC dba Heartland Entertainment, 262 N. Cambell Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery 

PUBLIC HEARING ITEM -- Alcohol Licenses

247.         Laural A. Hawkins dba RAXX Billiards, 2310 N. Maple Avenue for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN