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

August 4 , 2008 -- 7:00 P.M.

(Note, as a result of the adoption of the City Council Policies & Procedures,  the format of the agenda has changed.)

ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

ADOPTION OF AGENDA

APPROVE MINUTES for July 21, 2008

AWARDS AND RECOGNITIONS

GENERAL PUBLIC COMMENT

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

NON-PUBLIC HEARING ITEMS -- Items 1 - 113

Public Comment opened – Items 1 - 97

Public Comment closed

CONSENT ITEMS – Items 1 - 97

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 (August 18, 2008)

1.                  Rapid City Area Chamber of Commerce for a special Beer and Wine License for an event scheduled September 14, 2008 at the Rushmore Mall, 2200 North Maple Avenue

2.                  Rapid City Area Chamber of Commerce for a special Beer and Wine License for an event scheduled September 18, 2008 at the Rapid City Regional Hospital, 353 Fairmont Boulevard

3.                  Rapid City Area Chamber of Commerce for a special Beer and Wine License for an event scheduled October 30, 2008 at the Black Hills Home Builders, 3121 W. Chicago Street

4.                  Rapid City Area Chamber of Commerce for a special Beer and Wine License for an event scheduled November 20, 2008 at the Days Inn I-90, 1570 N. LaCrosse Street

5.                  Sergio Munoz and Ana Line Munoz dba Saber A Mexico, 208 East North Street for a Retail (On-Off Sale) Malt Beverage License not eligible for video lottery

Public Works Committee Consent Items

6.                  No. PW072908-07 – Approve Change Order No. 1 for 43rd Court Water Main Reconstruction Project No. ST06-1529 / CIP No. 50606 to Simon Contractors of SD for an increase of$15,472.19

7.                  No. PW072908-08 – Change Order No. 1F for 1st Street and Philadelphia Street Sewer Main Replacement Project No. SS05-1443 / CIP No. 50579 to Shovelhead Excavating, Inc. for an increase of $3,439.00

8.                  No. PW072908-01 – Authorize staff to advertise for bids for Allen Avenue Alley Sewer Reconstruction Project No. SS08-1710/CIP No. 50419

9.                  No. PW072908-02 – Authorize staff to advertise for bids for Wisconsin Avenue Water Main Reconstruction Project No. W08-1744/CIP No. 50740

10.              No. PW072908-06 – Authorize staff to advertise for bids for Universal Drive Reconstruction Project No. ST08-1701/CIP No.50398

11.              No. PW072908-03 – Authorize Mayor and Finance Officer to sign Sewer Construction Fee Resolution for the North Deadwood Avenue Local Sewer Extension

12.              No. PW072908-04 – Authorize Mayor and Finance Officer to sign Sewer Construction Fee Resolution for the North Deadwood Avenue Regional Sewer Extension

13.              No. PW072908-05 – Authorize Mayor and Finance Officer to Sign Maintenance Agreement Renewal with Johnson Controls for the Energy Plant for an amount not to exceed $17,750.00

14.              No. 08TP005 – Approve the Revised Resolution for the Transportation Improvement Program Projects funded by the Urban Systems Program in 2009 – 2013

15.              No. 08TP016 – Acknowledge Sheridan Lake Road, Jackson Boulevard to Deadwood Avenue Traffic Analysis and Route Alignment Study – Draft Report

16.              No. 08TP021 – Approve 2008-2012 Transportation Improvement Program Amendment No. 08-015

Legal & Finance Committee Consent Items

17.              Request staff to research the placement of portable toilets at Cliff Side Park and bring a report to the August 12, 2008, Public Works Committee meeting

18.              Approve a request from City of New Underwood to amend liability coverage limit to $1 million on the City’s bleacher contract

19.              No. LF073008-01 – Confirm appointment of Lee Geiger and Kyle Mattison to the Historic Sign Board for a three year term and Norm Nelson for a one year term

20.              No. LF073008-72 - Confirm appointment of Scott Engmann, Jim Mirehouse, JP Duniphan, Mike Tennyson, Karen Bulman, Malcom Chapman, Barb Garcia, Jason Green, and Julie Gregg to the TIF Affordable Housing Subcommittee

 

21.              No. LF073008-73 - Confirm appointment of Bob Rose to the Journey Museum Board

 

22.              No. LF073008-74 - Confirm appointment of Nancy Bradsky to the Historic Sign Committee

 

23.              No. LF073008-75 – Confirm appointment of Gary Vollmer, Pat Geotzinger, Norm Nelson, Dave Blickensderfer, and Dan Senftner to the Study Committee – West Boulevard Historic District

24.              No. CC072108-03 – Recommend no change in the e-mail usage by the City Council

25.              No. LF073008-03 – Acknowledge Capital Improvements Program Committee Monthly Update for July, 2008

26.              No. LF073008-04 – Approve the Capital Plan for Streets, Drainage, MIP Projects for July, 2008

27.              No. LF073008-05 – Approve Event Permit for Central States Fair, Inc. to hold parade on August 16, 2008

28.              No. LF073008-06 – Approve Travel Request for Steve Allender to attend the International Association of Chiefs of Police Annual Conference  in San Diego, CA, November 7-13, 2008, in the approximate amount of $2,317

29.              No. LF073008-07 – Approve Travel Request for Bill Day and Tony Tryon to attend Hazardous Materials Technician Course in Pueblo, CO, September 8-19, 2008, in the approximate amount of $8,256.80

30.              No. LF073008-08 – Approve Travel Request for Greta Chapman, Morgan Sohl, Jennifer Tallman, Jo Blankley, Ailsa Snyder, Amanda Stanfield, and Roxann Silbaugh to attend South Dakota Library Association 2008 Annual Conference in Chamberlain, SD, September 24-26, 2008, in an approximate amount of $2,367.60

31.              No. LF073008-09 – Approve Travel Request for Jayne Kraemer to attend IAAM – AMC (Arena Management Conference) in Kansas City, MO, September 13-17, 2008, in the approximate amount of $1,382

32.              No. LF073008-10 – Approve Travel Request for Tracy Heitsch to attend IAAM – AMC (Arena Management Conference) in Kansas City, MO, September 13-17, 2008, in the approximate amount of $1,382

33.              No. 08DU001 - Approve a request by Vicki Barlean to consider an Application for a Determination of Use to allow a bakery as a permitted use in a Light Industrial Zoning District

34.              No. LF073008-70 – Approve a request by Dan Ferber for a Temporary Use Permit Pursuant to Section 17.18.040 of the Rapid City Municipal Code for a Use Allowed in the Light Industrial Zoning District (Concrete Batch Plant)

35.              No. LF073008-71 – Approve a request by the Beautification Committee to apply for a grant from the Gwendolyn L. Stearns Foundation in the amount of $25,000

36.              No. LF073008-11 – Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Copperfield Land Company, LLC and Copperfield Vistas, LLLP Regarding Payment of the Sewer Construction Fees for Expansion of Sewer Service in the Elk Vale Area (Phase 1B)

37.              No. LF073008-19 – Authorize staff to utilize $70,000 of FY2008 allocation for Affordable Housing Projects for the Neighborhood Restoration Loan Program

38.              No. LF073008-20 – Approve a request for an exception from Mary Wright, 603 Crazy Horse, for Neighborhood Restoration Loan Program one time usage of funds; and a loan in the amount of $8,214.30 for the roof, wall and mold repair

39.              No. LF073008-12 – Approve Travel Request for David VanCleave, John Wagner, Stacy Titus, Ron Back, Mike Stout, Doug Crawford, Ron Barber, Chip Petrik, and Keith Johnson to attend Water/Wastewater Conference in Pierre, SD, September 9-12, 2008, in the approximate amount of $3,765

40.              No. LF073008-14 – Request the City Attorney’s office to prepare a resolution naming the bike path after long-time Public Works Director Leonard “Swanny” Swanson

41.              No. LF073008-15 – Authorize Mayor and Finance Officer to sign Agreement with Evangelical Lutheran Good Samaritan Society Regarding the Design, Construction and Dedication of Land for a Water Reservoir, Water Transmission Main and Booster Station

42.              No. LF073008-16 – Authorize Mayor and Finance Officer to sign Agreement with Evangelical Lutheran Good Samaritan Society Regarding the Design, Construction and Donation of Land for Regional Detention Facilities

43.              No. LF073008-17 – Acknowledge Raffle Request from Black Hills Chapter of the Mule Deer Foundation

44.              No. LF073008-18 – Acknowledge Raffle Request from Rapid City Peace Officer’s Association Fraternal Order of Police Lodge #2

45.              Approve the following licenses:  Plumbing Apprentice:  LeRoy Syverson and Matthew Sheesley; Plumbing Plumber:  Leo Kline, Antonio Feguero, and Michael Delaney; Electrical Journeyman:  Bryan Hamer, Ted Juntenun, and Ryan Jensen; Electrical Master:  Emmett Vliem; Electrical Contract/Master:  Edwin Haugen, REI Electric Inc.; Sign Contractor:  Mike Lewis, Custer Signworks; and John Mortensen, Jones Sign Company Inc.; Residential Contractor:  Bryan Olmsted, New Wave Decking & Plastic Lumber Inc.; and Jeff Plumlee, J P Construction; Sewer and Water Journeyman:  Basil Wagner, Mainline Contracting

46.              No. LF073008-21 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Accountant

47.              No. LF073008-22 Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Administrative Technician

48.              No. LF073008-23 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Airport Maintenance Worker I

49.              No. LF073008-24 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Airport Maintenance Worker II

50.              No. LF073008-25 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Airport Maintenance Worker III

51.              No. LF073008-26 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Aquatics Division Manager

52.              No. LF073008-27 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Aquatic Specialist

53.              No. LF073008-28 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Chemist

54.              No. LF073008-29 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Civic Center Business Manager

55.              No. LF073008-30 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Civic Center Food Service Director

56.              No. LF073008-31 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Civic Center Sales and Marketing Director

57.              No. LF073008-32 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Civic Center Stage Technician

58.              No. LF073008-33 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Crime Analyst/Records Manager

59.              No. LF073008-34 - Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of On-Site Wastewater Disposal Coordinator

60.              No. LF073008-35 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Police Chief of Staff

61.              No. LF073008-36 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Forensics Examiner

62.              No. LF073008-37 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Human Resources Clerk

63.              No. LF073008-38 - Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Human Resource Manager (Recruiting and Compensation)

64.              No. LF073008-39 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of IT Project Manager

65.              No. LF073008-40 - Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of IT Manager

66.              No. LF073008-41 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of IT Officer

67.              No. LF073008-42 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Legal Administrative Assistant

68.              No. LF073008-43 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Media Specialist

69.              No. LF073008-44 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Parks Division Manager

70.              No. LF073008-45 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Payroll Coordinator

71.              No. LF073008-46 - Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Recreation Coordinator

72.              No. LF073008-47 - Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Rapid Transit System Division Manager

73.              No. LF073008-48 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Solid Waste and Material Recovery Operations Worker I

74.              No. LF073008-49 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Solid Waste and Material Recovery Operations Worker II

75.              No. LF073008-50 - Approve Resolution to Amend the City of Rapid City Compensation Plan by Making the Following Changes to the Position of Solid Waste and Material Recovery Operations Worker III

76.              No. LF073008-51 - Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Airport Maintenance Supervisor

77.              No. LF073008-52 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Airport Operations Supervisor

78.              No. LF073008-53 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Airport Operations Technician

79.              No. LF073008-54 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Assistant City Attorney III

80.              No. LF073008-55 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Assistant Director of Growth Management

81.              No. LF073008-56 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Assistant Library Director

82.              No. LF073008-57 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Civic Center Assistant Box Office Operator

83.              No. LF073008-58 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Civic Center Guest Services Manager

84.              No. LF073008-60 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Forensic Examiner I

85.              No. LF073008-61 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Ice Specialist

86.              No. LF073008-62 - Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Industrial Electronics Technician/Electrician

87.              No. LF073008-63 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of IT Analyst II

88.              No. LF073008-64 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of IT Analyst III

89.              No. LF073008-65 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of IT Technician I

90.              No. LF073008-66 - Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of IT Technician II

91.              No. LF073008-67 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of IT Technician III

92.              No. LF073008-68 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Library Outreach Services Coordinator

93.              No. LF073008-69 – Approve Resolution to Amend the City of Rapid City Compensation Plan by Adding the Position of Planning Manager

Growth Management Department Consent Items

94.              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.

95.              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.

96.              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.

97.              No. 08PL100 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1R and 2R of Lot B in Harter Addition, located in the NW1/4  of the NE1/4, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 2 of Lot B of Harter Addition, located in the NW1/4 of the NE1/4, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2430 Canyon Lake Drive.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS – Items 98 - 113

Public Comment opened – Items 98 - 113

Public Comment closed

Ordinances

98.              No. 08RZ026 - First Reading, Ordinance No. 5415, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by G/GSA, Inc. for a Rezoning from No Use District to General Commercial District on Lot 3 of Tract D of W-Y Addition, Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 4507 South Interstate 90 Service Road.

99.              No. 08RZ027 - First Reading, Ordinance No. 5416, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Kent and Karin Hagg for a Rezoning from Low Density Residential District to General Agriculture District of Open Space and Open Space with Major Drainage and Utility Easement, Block 3, South Hill Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Catron Boulevard and north, west and south of Wellington Drive.

100.          No. 08RZ028 - First Reading, Ordinance No. 5417, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Brad and Dad, LLC for Kent Hagg of Mall Drive, LLC and Pat Tlustos for Bypass Development, LLC for a Rezoning from General Commercial District to Light Industrial District on Lot 3 Mall Drive Subdivison and Lot 1B of Block 6 of Interstate 90 Heartland Business Park, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Mall Drive and west of Dakota Craft Drive.

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

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

103.          No. 08OA004a – Second 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

104.          No. 08OA004b – Second 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

Growth Management Department Items

Legal & Finance Committee Items

105.          Approve a request by the Journey Museum to move Pap Madison Cabin from Halley Park to the Journey Museum

106.          Authorize Mayor and Finance Officer to sign Lease Agreement with MDU for Use of Property Located at 451 Omaha Street

Public Works Committee Items

107.          No. 08VE017 - A request by Dream Design International, Inc. 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, located at 1118 Alma Street.

108.          No. 08VE018 - A request by Dream Design International, Inc. 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, located at 1128 Alma Street.

Bids

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

110.          No. CC080408-02.1 – East Saint Joseph Turn Lane at East Saint Charles Street Project No. ST07-1660 / CIP No.50699 (opened July 29, 2008)

111.          No. CC080408-02.2 – Fifth Street Parking Project No. IDP08-1737 / CIP No. 50734 (opened July 29, 2008)

112.          No. CC080408-02.3 – One (1) New Current Year Model 11’ High Capacity Mower, Parks Division (opened July 31, 2008)

Mayor’s Items

Council Items & Liaison Reports

Reconsideration Notices

Motion for Delivery of Items from Committee

Staff Items

113.          No. CC080408-03 – Vision 2012 Update, Public Works Director Ellis

Appeals

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP Committee Items

PUBLIC HEARING ITEMS – Items 114 – 155

Open Public Hearing (comment) -- Items 114 – 155

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 114 - 155

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

Continue the following items until August 18, 2008:

114.          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.

115.          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.

116.          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.

117.          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.

118.          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.

119.          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.

120.          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.

121.          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.

122.          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.

123.          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 NE¼ of the SE¼ 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 NE¼ of the SE¼ 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.

124.          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.

125.          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.

126.          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.

127.          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.

128.          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 September 2, 2008:

129.          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.

130.          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.

131.          No. 07PL134 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

132.          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.

133.          No. 07SV057 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 12 of Block 1,  Lots 1 thru 7 of Block 2,  Lots 1 thru 4 of Block 3,  Lots 1 thru 15 of Block 4, and  Lots 1 thru 31 of Block 5 of Hyland Crossing Subdivision and the Dedicated Right-of-way, located in the  W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted W1/2 SE1/4; SE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Dreamscape Drive.

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

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

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

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 114 – 155

CONSENT PUBLIC HEARING ITEMS – Item 137

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

Growth Management Items

Alcohol Licenses

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

Assessment Rolls

Other Items Requiring Public Hearings

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 138 - 155

138.          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.

139.          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.

140.          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.

141.          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.

142.          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.

143.          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.

144.          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.

145.          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.

146.          Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement, curb, gutter, water, sewer, street light conduit and sidewalk 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.  (08SV033)

147.          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.

148.          No. 08SV036 - 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 and sewer and to reduce the width of the access easement from 59 feet to 16 feet for the easement providing access to proposed Lots 2R of Lot B and continuing the existing access easement on Lot 1R of Lot B, to waive the requirement to install sidewalk along the north side of Canyon Lake Drive and to waive the requirement to install asphalt, curb, gutter, sidewalk, street light conduit, water, sewer and to reduce the width of the right-of-way from 52 feet to 20 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1R and 2R of Lot B in Harter Addition, located in the NW1/4  of the NE1/4, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 2 of Lot B of Harter Addition, located in the NW1/4 of the NE1/4, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2430 Canyon Lake Drive.

149.          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.

150.          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.

151.          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.

152.          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.

153.          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.

154.          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.

155.          No. 08RZ020 - Second 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.

BILLS

156.          No. CC080408-01 – Bill List for August 4, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN