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

July 21 , 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 July 7, 2008, special Council of July 16, 2008 

AWARDS AND RECOGNITIONS 

1.                  Veteran of the Month 

2.                  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 3 - 56 

Public Comment opened Items 3 - 37

Public Comment closed 

CONSENT ITEMS Items 3 - 37 

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

Vacations of Right-Of-Way Set for Hearing (Date) 

Alcoholic Beverage License Applications Set for Hearing (August 4, 2008)

3.                  Central States Fair, Inc. dba Central States Fair, 800 San Francisco Street for a Retail (On-Off Sale) Wine License 

Public Works Committee Consent Items

4.                  No. PW071508-05 Accept the Robbinsdale Park Bike Track scheduling proposal as presented

5.                  Acknowledge the report on an Interim Fix for Degeest Street.

6.                  Proceed with the process of ordering the sidewalks on the north side of St. Patrick Street.

7.                  No. CC070708-02.1 Approve the bid award for Trailer Mounted Vacuum System, Water Reclamation Facility (opened July 1, 2008,) to Vermeer High Plains in the amount of $40,612.00.

8.                  No. CC070708-02.2 Reject all bids and authorize staff to readvertise for bids for Cationic Sludge Polymer, Water Reclamation Division

9.                  No. CC070708-02.3 - Reject all bids and authorize staff to readvertise for bids for Cationic Polymer-Coagulant, Water Division

10.             No. CC070708-02.5 - Approve the bid award for Two (2) New Wheel Loaders, Solid Waste Division (opened July 1, 2008,) to Sheehan Mack Sales and Equipment in the amount of $329,864.00.

11.             No. PW071508-08 - Approve Change Order No. 2 for Anamosa Street Reconstruction - Phase 1, Milwaukee Street to Lacrosse Street Project No. SSW05-1471 / CIP No. 50518 and P1648(00) PCN H020 to Hills Materials Company for an increase of $1,708.18.

12.             No. PW071508-09 Approve Change Order No. 1F for Downtown Alley Reconstruction 2008 Project No. ST08-1686 / CIP No. 50379 to J & J Asphalt Company for an increase of $3,228.85.

13.             No. PW071508-10 - Approve Change Order No. 1 for 2008 Street Rehabilitation Project - Various Locations Project No. ST08-1721 / CIP No. 50549 to J & J Asphalt for an increase of $274.64.

14.             No. PW071508-02 Authorize staff to advertise for bids for the Levee Storm Sewer Flap Gates Project No. DR08-1736 / CIP No. 50732

15.             No. PW071508-04 Authorize Mayor and Finance Officer to sign Professional Services Agreement with Stanley Consultants Inc. for Canyon Lake Dam Reconstruction, Project No. PW08-1743 for an amount not to exceed $190,000.00.

16.             No. PW071508-07 Authorize Mayor and Finance Officer to sign an Application and Agreement for Electric Service Extension with Black Hills Power, Inc. for an amount not to exceed $9325.00; a Right-of-Way Permit with Black Hills Power, Inc. for an electrical power system, and a Grade Agreement with Black Hills Power, Inc. for an electrical power system for Canyon Lake Maintenance Shop Project No. GB08-1714 

Legal & Finance Committee Consent Items

17.             Recommend that the City Attorneys office prepare the agreements for the Rushmont Project.

18.             No. LF071608-01 Confirm appointment of Jean Gliedt-Peter to the RSVP Advisory Board for a three year term.

19.             No. LF061108-23 Recommend that the City Attorneys Office prepare a resolution adopting the Technology Use Policy as the Councils appropriate computer use policy.  

20.             No. LF071608-02 Recommend that another public meeting be held regarding the downtown parking plan and that notices be sent to the property owners affected by this plan.

21.             Approve Event Permit for First Presbyterian Church to hold a blood drive outside of the church on July 21, 2008.

22.             No. LF071608-03 Approve Resolution Declaring Property Surplus.

23.             No. 08TI006 - Approve a request by Dream Design International, Inc. to consider an application for a Revised Project Plan for Tax Increment District No. 41 on Government Lot 1 & 2 less Lot H1 in the SW1/4NW1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, NW1/4NW1/4, SE1/4NW1/4 less the West 460 feet of the South 990 feet less Lot H1, SW1/4NW1/4 less the South 990 feet, SE1/4NE1/4, SW1/4NE1/4, NE1/4NW1/4, N1/2NE1/4 less NE1/4NW1/4NE1/4 and Less NW1/4NE1/4NE1/4, all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, SW1/4SW1/4SE1/4, N1/2SW1/4SE1/4, the unplatted balance of the E1/2NW1/4SE1/4, the unplatted balance of the SW1/4NW1/4SE1/4, the 100 foot dedicated 5th Street Right-of-way lying adjacent to Lot 19 of Block 6, Robbinsdale Addition No. 10 located in the NW1/4SE1/4, the platted 60 foot Minnesota Street Right-of-way adjacent to Lot 1 of Block 1, Terracita Park Subdivision as shown on Plat 30 Page 109, the platted 80 foot Minnesota Street Right-of-way as shown on Plat 29 Page 117 adjacent to Lot 19 of Block 6, Robbinsdale Addition No. 10 located in the NW1/4SE1/4 and adjacent to the Unplatted balance of the E1/2NW1/4SE1/4 and adjacent to Tract B, all located in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 and dedicated Right-of-way, Block 11, Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota as per Plat of Lot 2 of Block 11, Robbinsdale Addition No. 10, located in the SE1/4 of Section 13, T1N, R7E, BHM and in the N1/2 of the NE1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot A Revised of N1/2 Government Lot 4 and the adjacent Parkview Drive right-of-way, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1, Block 11, Robbinsdale #10, and adjacent Parkview Drive right-of-way, located in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota as per Plat of Lot 1, Block 11, Robbinsdale Addition #10, located in SE1/4 of SE1/4 Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northwest of the intersection of Catron Boulevard and Fifth Street.

24.             No. 08TI009 - Approve a request by Ferber Engineering Co., Inc. for North Street Fire Station, LLC to consider an application for a Creation of Tax Increment District on that portion of SE1/4 north of Interstate 90 less Tract A of NE1/4 SE1/4 including that portion of vacated East Mall Drive being part of the outside edge of Lot H5; Lot B-1 of Lot B of SE1/4 NE1/4; Lot A of Lot 1 and the balance of Lot 1, Lot A & B of Lot 3 and Lot 3 less Lots A & B, Lot 2, all of Silver Strike Subdivision; that portion of SW1/4 north of Interstate 90 including vacated East Mall Drive within said SW1/4 less Lot 1 of NE1/4 SW1/4, less Lots 1 & 2 of NW1/4 SW1/4; Lot 1 of NE1/4 SW1/4 including vacated East Mall Drive within said lot; NW1/4 including vacated East Mall Drive located within said NW1/4, less lots AR, B, C less E1/2 NE1/4 NW1/4, less E1/2 NW1/4 NE1/4 NW1/4; Lots B & C of NW1/4; Lot AR; E1/2 NW1/4 NE1/4 NW1/4; SE1/4 NE1/4 NW1/4; NE1/4 NE1/4 NW1/4; that portion of Lot D located in the NW1/4 NE1/4; Lot A and Lot C in NW1/4 NE1/4; Right of way of East Mall Drive; Right of way of North Street; Right of way of Distribution Lane; all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the Intersection of East Mall Drive and Dyess Avenue located in the western portion of Section 28 and the eastern portion of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of U.S. Interstate 90, east of LaCrosse Street and west of Dyess Avenue.

25.             No. 08TI010 - Approve a request by Ferber Engineering Co., Inc. for North Street Fire Station, LLC to consider an application for a Project Plan on that portion of SE1/4 north of Interstate 90 less Tract A of NE1/4 SE1/4 including that portion of vacated East Mall Drive being part of the outside edge of Lot H5; Lot B-1 of Lot B of SE1/4 NE1/4; Lot A of Lot 1 and the balance of Lot 1, Lot A & B of Lot 3 and Lot 3 less Lots A & B, Lot 2, all of Silver Strike Subdivision; that portion of SW1/4 north of Interstate 90 including vacated East Mall Drive within said SW1/4 less Lot 1 of NE1/4 SW1/4, less Lots 1 & 2 of NW1/4 SW1/4; Lot 1 of NE1/4 SW1/4 including vacated East Mall Drive within said lot; NW1/4 including vacated East Mall Drive located within said NW1/4, less lots AR, B, C less E1/2 NE1/4 NW1/4, less E1/2 NW1/4 NE1/4 NW1/4; Lots B & C of NW1/4; Lot AR; E1/2 NW1/4 NE1/4 NW1/4; SE1/4 NE1/4 NW1/4; NE1/4 NE1/4 NW1/4; that portion of Lot D located in the NW1/4 NE1/4; Lot A and Lot C in NW1/4 NE1/4; Right of way of East Mall Drive; Right of way of North Street; Right of way of Distribution Lane; all located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the Intersection of East Mall Drive and Dyess Avenue located in the western portion of Section 28 and the eastern portion of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of U.S. Interstate 90, east of LaCrosse Street and west of Dyess Avenue.

26.             No. LF071608-04 Approve request for Proposal for Historic Preservation Commission Grant.

27.             No. LF071608-05 Acknowledge report on retail (on-off sale) malt beverage license eligible for video lottery.

28.             Acknowledge the following volunteers for workmens compensation purposes: Jessica Horsley, Courtney Miller, Betty Miller, Daniel Rutkowski, Ryan Wagner.

29.             No. LF071608-11 Authorize staff to send out a "Request for Proposals" for procurement cards.

30.             No. LF071608-06 Approve Resolution Establishing Time and Place for Hearing on Assessment Roll for Cleanup of Miscellaneous Property for August 18, 2008.

31.             No. LF070208-20 Preliminary approval of 2008 Consolidated Annual Performance and Evaluation Report.

32.             No. LF071608-07 Authorize Mayor and Finance Officer to sign Weed and Seed Grant Application.

33.             No. LF071608-08 Approve Travel Request for Barbara Garcia to attend 2008 Assets Learning Conference in Washington, DC, September 10-14, 2008 in the approximate amount of $1925.

34.             Authorize Mayor and Finance Officer to sign an Agreement with Met Life to be the new group life insurance carrier for City employee life insurance.

35.             No. LF071608-10 Acknowledge raffle request from Muscular Dystrophy Association.  

Growth Management Department Consent Items

36.             No. 08PL030 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 1thru 8 of Block 1 and Lots 1 thru 8 of Block 2 of Homestead Plaza Subdivision, all located in the NE1/4 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. 

37.             No. 08PL094 - A request by Mike Jankord for a Layout Plat on Lots 5A and 5B of Hidden Springs Ranchettes, formerly Lot 5 of Hidden Springs Ranchettes, Section 6, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot 5 of Hidden Springs Ranchettes, Section 6, T1N, R9E, BHM, Pennington County, South Dakota, located at 22925 Hidden Springs Road. 

END OF CONSENT CALENDAR 

NON-CONSENT ITEMS Items 38 - 56 

Public Comment opened Items 38 - 56

Public Comment closed 

Ordinances

38.             No. 08OA004 First Reading, Ordinance No. 5409 Adding the Definition of Vertical Axis Wind Turbines by Amending Section 17.04.743 of the Rapid City Municipal Code.  

39.             No. 08OA005 First Reading, Ordinance No. 5410 Revising the Sidewalk Requirements by Amending Section 12.16.080 of the Rapid City Municipal Code.  

40.             No. 08OA004a First Reading, Ordinance No. 5411 Adding Vertical Axis Wind Turbines as Conditional Uses in the Medium Density Residential Zoning District by Amending Chapter 17.12.030 of the Rapid City Municipal Code.  

41.             No. 08OA004b First Reading, Ordinance No. 5412 Adding Vertical Axis Wind Turbines as an Accessory Use by Amending Section 17.50.217 of the Rapid City Municipal Code.  

42.             No. 08RZ019 - First Reading, Ordinance No. 5413, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Donnie Kirschenman for Dreamdak Holdings LLC for a Rezoning from Park Forest District to Medium Density Residential District on Lots 30 thru 32 of Block 119 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 815 First Street.  

43.             No. 08RZ021 - First Reading, Ordinance No. 5414, 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 No Use District to Medium Density Residential District on a portion of NE of the SE of Section 29, T1N, R7E, BHM, Pennington County, South Dakota. More fully described as follows: Commencing at the Section Corner common to Sections 28 and 29, T1N, R7E, BHM, thence S812209W, a distance of 252.93 feet, to a point on the southerly edge of Portrush Road right-of-way, and the point of beginning; Thence, first course: S000035W, a distance of 110.00 feet; Thence, second course: N895925W, a distance of 380.64 feet; Thence, third course: N000035E, a distance of 110.00 feet, to a point on the southerly edge of Portrush Road right-of-way; Thence, fourth course: S895925E, along the southerly edge of Portrush Road right-of-way, a distance of 380.64 feet, to the point of beginning, located south of Portrush Road and west of Dunsmore Road.  

44.             No. LF021308-05A Second Reading, Ordinance No. 5369 Authorizing the Police Department to Collect Fees for the Performance of Criminal Background Investigations on City Employment Applicants and City License Applicants by Adding Section 2.20.030 to the Rapid City Municipal Code with the Recommended Changes.  

45.             No. LF070208-05 Second Reading, Ordinance No. 5404 to Create a Sidewalk Caf Permit by Amending Subsection 12.20.020(E) of the Rapid City Municipal Code.  

Growth Management Department Items 

Legal & Finance Committee Items

46.             No. LF040208-16A Deny a request to authorize Mayor and Finance Officer to sign Directed Trust Agreement with MG Trust Company, LLC, regarding the Citys 457(b) Plan 

47.             No. LF070208-29 Authorization for the Mayor and Finance Officer to sign Amendment to Contract for Private Development Tax Increment District Number Sixty-five between Plum Creek Development, LLC and the City of Rapid City 

48.             No. LF070208-30 Authorization for the Mayor and Finance Officer to sign Amendment to Contract for Private Development Tax Increment District Number Sixty-five between Dennis Zandstra Real Estate Holdings, LLC and the City of Rapid City 

49.             Recommend no change in the e-mail usage by the City Council 

Public Works Committee Items

50.             No. PW071508-12 - Request the Parks and Recreation Department and Growth Management proceed with discussions with land owners and the Homeowners Association as to acquiring land in the Wellington Drive area for a potential park and bring forward a recommendation and updated report in 60 days.  

51.             No. PW071508-06 Approve Change Order No. 7 for Rushmore Plaza Civic Center Multipurpose Addition Bid Package 2, Project No. IDP06-1555 to Sampson Construction for an increase of $12,260.00 

52.             No. 08VE017 - A request by Dream Design International, Inc. to consider an application for a Vacation of a portion of a Utility and Drainage Easement on Lot 7 of Block 3 of Rainbow Ridge Subdivision, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1118 Alma Street. Item  

53.             No. 08VE018 A request to approve a request by Dream Design International, Inc. to consider an application for a Vacation of a portion of a Minor Drainage and Utility Easement on Lot 8 of Block 3 of Rainbow Ridge Subdivision, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1128 Alma Street.  

Bids

54.             No. CC072108-02.1 - Elk Vale Low Level Water Reservoir Project No. W07-1638 / CIP No. 50321 (opened July 15, 2008) 

55.             No. CC072108-02.2 - Miscellaneous Improvements Project 2008 Project No. MIP08-1685 / CIP No. 50298 (opened July 15, 2008) 

56.             No. CC072108-02.3 - Block 75 Parking Structure Third Level Addition Project No. IDP08-1725 (opened July 17, 2008) 

Mayors 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 57 101 

Open Public Hearing (comment) -- Items 57 101 

CONTINUED PUBLIC HEARING CONSENT ITEMS Items 57 - 89 

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

Continue the following items until August 4, 2008:

57.             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. 

58.             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. 

59.             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. 

60.             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. 

61.             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. 

62.             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. 

63.             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. 

64.             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. 

65.             No. 08CA020 - A request by Melanie Lien Palm for an Amendment to the Adopted Comprehensive plan to change the Future Land Use Plan from Light Industrial to General Commercial on the balance of Lot 1 of Silver Strike Subdivision in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2203 Distribution Lane. 

66.             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. 

67.             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. 

68.             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. 

69.             No. 08PL061 - A request by Kadrmas, Lee and Jackson for Speedway Enterprises, LLC for a Layout Plat on Lots 1 and 2 of Race Track Subdivision, formerly the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of East S.D. Highway 44 and Jolly Lane. 

70.             No. 08PL065 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 20 of Block 1, 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 the E1/2 NW1/4 and the NE1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Copperfield Drive. 

71.             No. 08PL070 - A request by Michael and Susan Bergstresser and Elmer E. and Barbara Storm for a Preliminary and Layout Plat on Lots 2R and 3R, formerly Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, located at 6417 South Canyon Road. 

72.             No. 08PL084 - A request by Fisk Land Surveying & Consulting Engineers Inc. for James Steele for a Layout Plat on Lots 1 and 2 of S and S Subdivision, formerly the SE1/4 SE1/4 SE1/4 less Lot H-1 of Section 25, T2N, R6E, BHM, Pennington County, South Dakota, legally described as the SE1/4 SE1/4 SE1/4 less Lot H-1 of Section 25, T2N, R6E, BHM, Pennington County, South Dakota, located at the northern terminus of Sun Ridge Road. 

73.             No. 08PL088 - A request by FourFront Design, Inc. for Skyline Pines East, LLP for a Preliminary Plat on Lot 9 of Skyline Pines East Subdivision located in the remainder of Lot B of the SE1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the remainder of Lot B of the SE1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of U.S. Highway 16 adjacent to Tower Road and east of Sandstone Lane. 

74.             No. 08PL089 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1A, 1B, 2A, 2B, 3A and 3B of Block 1 of Red Rock Shadows Subdivision, formerly a portion of NE of the SE located in the NE1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a portion of NE of the SE located in the NE1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, located south of Portrush Road and west of Dunsmore Road. 

75.             No. 08PL090 - A request by Advanced Engineering & Surveying and D.C. Scott Surveying, Inc. for Blu-Knu Enterprises, LLC for a Preliminary Plat on Lots 2A and 2B and Lot 3R of Blu-Knu Subdivision, formerly Lots 2 and 3 of Blu-Knu Subdivision and the unplatted land 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 the unplatted land located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Deadwood Avenue between Lien Street and 1543 Deadwood Avenue. 

76.             No. 08PL095 - A request by Fisk Land Surveying & Consulting Engineers for Herman and Wanda Jones Revocable Trusts for a Preliminary Plat on Lot 1 Revised and Lot 2 of Fort Hayes Subdivision, formerly 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, 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. 

77.             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.  

78.             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.  

79.             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.  

80.             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.  

81.             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.  

82.             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.  

83.             No. 08RZ020 - First Reading, Ordinance No. 5402, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Melanie Lien Palm for a Rezoning from General Agriculture District to General Commercial District on the balance of Lot 1 of Silver Strike Subdivision in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2203 Distribution Lane. 

84.             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. 

85.             No. 08SV028 - A request by Kadrmas, Lee and Jackson for Speedway Enterprises, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Race Track Subdivision, formerly the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 SW/14 NW1/4 and a portion of the NW1/4 SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of East S.D. Highway 44 and Jolly Lane. 

86.             No. 08SV033 - A request by Fisk Land Surveying & Consulting Engineers Inc. for James Steele for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along Sun Ridge Road and the Section line Highway and to waive the requirement to dedicate right-of-way along the Section Line Highway per Chapter 16 of the Rapid City Municipal Code on Lots 1 and 2 of S and S Subdivision, formerly the SE1/4 SE1/4 SE1/4 less Lot H-1 of Section 25, T2N, R6E, BHM, Pennington County, South Dakota, legally described as the SE1/4 SE1/4 SE1/4 less Lot H-1 of Section 25, T2N, R6E, BHM, Pennington County, South Dakota, located at the northern terminus of Sun Ridge Road. 

87.             No. 08SV034 - A request by FourFront Design, Inc. for Skyline Pines East, LLP for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water, sidewalk along U.S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on Lot 9 of Skyline Pines East Subdivision located in the remainder of Lot B of the SE1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the remainder of Lot B of the SE1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of U.S.Highway 16 adjacent to Tower Road and east of Sandstone Lane. 

88.             No. 08SV035 - A request by Advanced Engineering & Surveying and D.C. Scott Surveying, Inc. for Blu-Knu Enterprises, LLC for a Variance to the Subdivision Regulations to waive the requirement to install street light conduit, sewer and additional pavement along Lien Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2A and 2B and Lot 3R of Blu-Knu Subdivision, formerly Lots 2 and 3 of Blu-Knu Subdivision and the unplatted land 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 the unplatted land located in the SW1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Deadwood Avenue between Lien Street and 1543 Deadwood Avenue. 

Continue the following items until October 6, 2008:

89.             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 57 101 

CONSENT PUBLIC HEARING ITEMS Item 90 - 94 

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

Growth Management Items 

Alcohol Licenses

90.             Scottish & Irish Society for a special Beer License for an event scheduled August 29 and 30, 2008 in Memorial Park 

91.             World Class Golf, Inc. dba World Class Golf, 5622 Sheridan Lake Rd., #105 for Retail (On-Off Sale) Malt Beverage License NO Video Lottery TRANSFER World Class Golf, Inc. dba World Class Golf, 2130 Jackson Blvd. 

92.             Lester & Webb Enterprises, LLC dba South City Tavern & Grille, 640 E. St. Patrick Street for a Retail (On-Sale) Liquor License TRANSFER from Luke Lester Investments, LLC dba The Stampede, 640 E. St. Patrick Street 

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

93.             Gab Denk Kwak and Kaz Campillo dba Hana Restaurant, 2328 West Main Street for a Retail (On-Off Sale) Malt Beverage License Not Eligible Video Lottery

94.             Northstar, Inc. dba Hunan Chinese Restaurant, 1720 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License Not Eligible Video Lottery 

Assessment Rolls 

Other Items Requiring Public Hearings 

END OF CONSENT PUBLIC HEARING CALENDAR 

NON-CONSENT PUBLIC HEARING ITEMS Items 95 - 101

95.             No. 08FV008 - A request by Alf Riisnaes to consider an application for a Fence Height Exception to allow a 6 foot high fence in lieu of a four foot high fence in the front yard setback on Lot E of Lot 6 of Schamber Addition, located in the SE1/4 SE1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3410 Dover Street. 

96.             No. 08CA024 - A request by Fisk Land Surveying & Consulting Engineers for Paul Bradsky at Atlantis, LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Light Industrial to General Commercial on a portion of Tract E of W-Y Addition located in the W SW, Section 27, T2N, R8E, BHM, Pennington County, South Dakota, as shown on the plat filed May 21, 1974 and recorded in Book 13 of Plats on Page 158, more fully described as follows: Beginning at the southwest corner of said Tract E of W-Y Addition, said point being located along the northerly line of adjoining railroad right-of-way and also coincident with the southeast corner of Lot 1 of Atlantis Subdivision, as shown on the plat filed December 15, 2005 and recorded in Book 33 of Plats on Page 123; thence, northwesterly along the west line of said Tract E of W-Y Addition and along the east line of said Lot 1 of Atlantis Subdivision, N144851W, a distance of 204.91 feet, more or less to the northeast corner of said Lot 1 of Atlantis Subdivision, said point being coincident with the southeast corner of Lot 2 of Davis Subdivision, as shown on the plat filed February 20, 2003 and recorded in Book 31 of Plats on Page 57; thence, N751043E a distance of 317.85 feet more or less, to a point on the east line of said Tract E of W-Y Addition, said point also being located on the west line of Lot 2 of Wal-East Subdivision, as shown on the plat filed August 17, 2000 and recorded in Book 29 of Plats on Page 88; thence southeasterly along the east line of said Tract E of W-Y addition and along the westerly line of Lot 2 of Wal-East Subdivision, S144825E a distance of 142.78 feet more or less to the southeast corner of said Tract E of W-Y Addition, said point being coincident with the southwest corner of Lot 2 of Wal-East Subdivision and also located along the northerly edge of the adjoining railroad right-of-way; thence, curving to the right along the southerly edge of said Tract E of W-Y Addition and along the northerly edge of the adjoining railroad right-of-way, along a curve with a radius of 5679.58 feet, a central angle of 031603, an arc length of 323.90 feet, and a chord bearing and distance of S640704W 323.86 feet more or less, to the point of beginning, located south of 4301 South Interstate 90 Service Road. 

97.             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. 

98.             No. 08RZ022 - Second Reading, Ordinance No. 5405, 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 General Agriculture District on an unplatted parcel of land located in 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 South Dakota Highway 44, the E1/2 E1/2 SE1/4, Section 15, and the N1/2 N1/2, S1/2 NW1/4, Section 22, T1N, R8E, BHM, Pennington County, South Dakota, located south of East S.D. Highway 44 between the western terminus of Green Valley Drive and east of Jolly Lane. 

99.             No. 08RZ023 - Second Reading, Ordinance No. 5406, 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 General Commercial District on Lot 1A of Lot 1 Revised of Prairie Hills Subdivision and the 50 foot Section Line Right-of-way called Maple Avenue lying west of and adjacent to Lot 1A of Lot 1 Revised of Prairie Hills Subdivision, all in Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 300 East Mall Drive. 

100.         No. 08RZ024 - Second Reading, Ordinance No. 5407, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Fisk Land Surveying & Consulting Engineers for Paul Bradsky at Atlantis, LLC for a Rezoning from No Use District to General Commercial District on a portion of Tract E of W-Y Addition located in the W SW, Section 27, T2N, R8E, BHM, Pennington County, South Dakota, as shown on the plat filed May 21, 1974 and recorded in Book 13 of Plats on Page 158, more fully described as follows: Beginning at the southwest corner of said Tract E of W-Y Addition, said point being located along the northerly line of adjoining railroad right-of-way and also coincident with the southeast corner of Lot 1 of Atlantis Subdivision, as shown on the plat filed December 15, 2005 and recorded in Book 33 of Plats on Page 123; thence, northwesterly along the west line of said Tract E of W-Y Addition and along the east line of said Lot 1 of Atlantis Subdivision, N144851W, a distance of 204.91 feet, more or less to the northeast corner of said Lot 1 of Atlantis Subdivision, said point being coincident with the southeast corner of Lot 2 of Davis Subdivision, as shown on the plat filed February 20, 2003 and recorded in Book 31 of Plats on Page 57; thence, N751043E a distance of 317.85 feet more or less, to a point on the east line of said Tract E of W-Y Addition, said point also being located on the west line of Lot 2 of Wal-East Subdivision, as shown on the plat filed August 17, 2000 and recorded in Book 29 of Plats on Page 88; thence southeasterly along the east line of said Tract E of W-Y addition and along the westerly line of Lot 2 of Wal-East Subdivision, S144825E a distance of 142.78 feet more or less to the southeast corner of said Tract E of W-Y Addition, said point being coincident with the southwest corner of Lot 2 of Wal-East Subdivision and also located along the northerly edge of the adjoining railroad right-of-way; thence, curving to the right along the southerly edge of said Tract E of W-Y Addition and along the northerly edge of the adjoining railroad right-of-way, along a curve with a radius of 5679.58 feet, a central angle of 031603, an arc length of 323.90 feet, and a chord bearing and distance of S640704W 323.86 feet more or less, to the point of beginning, located south of 4301 South Interstate 90 Service Road. 

101.         No. 08RZ025 - Second Reading, Ordinance No. 5408, 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 No Use District to Low Density Residential II District on a portion of NE of the SE of Section 29, T1N, R7E, BHM, Pennington County, South Dakota. More fully described as follows: Commencing at the Section Corner common to Sections 28 and 29, T1N, R7E, BHM, thence S812209W, a distance of 252.93 feet, to a point on the southerly edge of Portrush Road right-of-way, and the point of beginning; Thence, first course: S000035W, a distance of 110.00 feet; Thence, second course: N895925W, a distance of 380.64 feet; Thence, third course: N000035E, a distance of 110.00 feet, to a point on the southerly edge of Portrush Road right-of-way; Thence, fourth course: S895925E, along the southerly edge of Portrush Road right-of-way, a distance of 380.64 feet, to the point of beginning, located south of Portrush Road and west of Dunsmore Road. 

BILLS

102.         No. CC072108-01 Bill List for July 21, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN