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

April 16 , 2007 -- 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 of April 2, 2007

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for April, 2007

2.                  Employee Awards for April, 2007

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 - 79

Public Comment opened – Items 3 - 67

Public Comment closed

CONSENT ITEMS – Items 3 - 67

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

Alcoholic Beverage License Applications Set for Hearing (April 16, 2007)

3.                  Rapid City Regional Hospital Foundation for a special Wine License for an event scheduled June 23, 2007 at The Club at Red Rock, 6520 Birkdale Drive

4.                  Faryat, Inc. dba Botticelli Ristorante Italiano, 523 Main Street for a Package (Off-Sale) Liquor License

5.                  Frank Morrison dba Thirsty’s, 819 Main Street for a Retail (On-Sale) Wine License

6.                  Frank Morrison dba Thirsty’s, 819 Main Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery Transfer from The Retired Enlisted Association, Chapter 29, 1981 East Centre Street

7.                  M.G. Oil Company dba Chance’s Casino, 110 N. Cambell St., Suite E for a Retail (On-Off Sale) Malt Beverage License with Video Lottery Transfer from Vernon D. Hellwig dba Chance’s, 110 Cambell St., Suite E

8.                  M.G. Oil Company dba Corner Pantry – Deadwood Avenue, 501 Deadwood Avenue for a Package (Off-Sale) Malt Beverage License Transfer from Flannery Oil, Inc. dba Corner Pantry – Deadwood Avenue, 501 Deadwood Avenue

Public Works Committee Consent Items

9.                  No. PW041007-01 – Request staff to prepare an ordinance amending Chapter 8.08.030 of the Rapid City Municipal Code to allow an exception for single story, residential apartment structures, comprised of four dwelling units each, which are the sole residential building components of an approved Planned Residential Development (PRD) having a total of at least 40 dwelling units and which are addressed on private streets.

10.             No. PW031407-01 – Acknowledge Corner Construction Corporation’s withdrawal of request to be reinstated as a responsible bidder

11.             No. PW041007-03 – Acknowledge report on traffic issues and signage in the Pinedale Heights area

12.             No. PW041007-16 - Acknowledge report on Rapid Transit Trolley relating to routes, route schedules, fares and hours of operation

13.             No. PW041007-04 – Grant pre-approval of School Zone Beacon Change Order

14.             No. PW041007-05 – Acknowledge report on the installation of traffic signal at the intersection of North LaCrosse Street and East Monroe Street; and request staff to place this intersection on the list of proposed signalized intersections. 

15.             No. PW041007-06 – Approve Change Order No. 2 for Meade Street Reconstruction , Phase 1 -- East Meade Street from Birch Avenue to Hoefer Court; Project No. DR03-1333 / CIP No. 50145 to Highmark, Inc. for a decrease of $40.00.

16.             No. PW041007-07 – Approve Change Order No. 6F for East Mall Drive; Project No. ST03-1334 to Heavy Constructors, Inc. for a decrease of $40,797.46.

17.             No. PW041007-08 – Approve Change Order No. 1 for Solar Powered School Zone Beacons and School Speed Zone Signs; Project No. SIG06-1617 / CIP No. 50638 for an increase of $4,465.30.

18.             No. PW041007-09 – Authorize staff to advertise for bids for Well No. 8 Pump Replacement; Project No. W07-1644 / CIP #50677

19.             No. PW041007-10 – Authorize the Mayor and Finance Officer to sign a Covenant Agreement with Horst Development, LLC concerning Centre Street Sanitary Sewer Extension Construction Fee.

20.             No. PW041007-11 – Authorize the Mayor and Finance Officer to sign a Sewer Construction Fee Resolution for Centre Street Sewer Extension.

21.             No. PW041007-12 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with Ferber Engineering Company, Inc. for LaCrosse Street and Philadelphia Street Drainage Improvements Project No. DR01-1157 / CIP #50438 for an amount not to exceed $48,141.00.

22.             No. PW041007-13 – Authorize the purchase of a parcel of land from the South Dakota Department of Transportation Railroad Authority to allow the City to proceed with the Knollwood Drainage Basin Elements 2 & 20, and 3 and 5 Project No. DR04-1390 for an amount of $490,000.00.

23.             No. PW041007-14 – Authorize staff to request Consulting Engineering Proposals to provide alternatives and costs for the LaCrosse Street Drainage, Secondary Basin Outfall Project No. DR07-1646 / CIP #50680.

24.             No. PW041007-15 – Authorize staff to request Engineering Design Proposals for the Meadowbrook Golf Course Bridge Repairs.

25.             No. 07TP006 – Approve 2007-2011 Transportation Improvement Program Amendment No. 07-012. 

Legal & Finance Committee Consent Items

26.             Acknowledge the request from Berlyn Ghost regarding an ordinance banning driving and cell phone use. 

27.             No. LF041107-28 - Request that the contract with the National Trust for Historic Preservation in the United States be terminated voluntarily; and if agreed, by the National Trust, those funds be reallocated to fund the Roger Brooks Branding, Development and Marketing Action Plan with the provision that the final adoption of the Branding, Development and Marketing Action Plan be approved by the City Council. 

28.             No. LF041107-01 Approve appointment of Ann Trask and Deborah Heinle to the Mayor’s Committee on Disabilities. 

29.             Acknowledge the report regarding update on water solutions at the Rapid City Regional Airport. 

30.             No. LF041107-02 – Approve appointment of Tom Johnson, Lloyd LaCroix, Bob Hurlbut, Jim Preston, Marcia Elkins and Mayor Jim Shaw to Review the City Fee Structure. 

31.             No. LF041107-03 – Approve appointment of Norman Nelson, Adrienne Kerst, and Kenneth Loeschke to the Rapid City Historic Preservation Commission. 

32.             No. LF041107-04 – Approve appointment of Roger Gallimore and Jim Bell to the City Consultant Selection Oversight Committee. 

33.             Request the City Attorney’s Office to look into changing the two hour parking on 4th Street between St. Joseph Street and Kansas City Street back to unlimited parking; and bring a recommendation back to the Legal & Finance Committee. 

34.             Acknowledge the report regarding bid law application. 

35.             No. LF041107-06 – Authorize the Mayor and Finance Officer to sign a Joint Powers Agreement with New World Systems Aegis Justice Link (AJL) Regional Data Sharing. 

36.             No. LF041107-24 - Approve Travel Request for David Stucke to attend a conference on Forensic Video Analysis at the University of Indianapolis, May 7-11, 2007, in an approximate amount of $1,808. 

37.             No. LF041107-07  Approve Travel Request for Mike Bartling and Nick Carlson to attend Tactical EMS Training in Beloit , WI , May 13-16, 2007 , in an approximate amount of $2,015. 

38.             No. LF041107-08 – Approve Travel Request for Brian Maliske and Larry Dale to attend IAAM & NAC Conference and Trade Show in Salt Lake City , UT , July 20-24, 2007 , in an approximate amount of $3,177. 

39.             No. LF041107-09 – Approve Travel Request for Mason Short, Ken Simmons, Jerry Mitchell, and Jennifer Landguth to attend AAAE 79th Annual Conference & Exposition in Washington , DC , June 9-14, 2007 , in an approximate amount of $10,094. 

40.             No. LF041107-10 – Approve Travel Request for Mason Short to attend Jumpstart – Marketing & Communications Conference Seminar in Tucson, AZ, June 16-21, 2007, in an approximate amount of $2,525. 

41.             No. LF041107-11 – Approve request for four limited term staff positions and supplemental funding to the FY 2007 Development Services Budget #204. 

42.             No.07TP004 and 07TP005 – Approve Amendment to the 2007 Unified Planning Work Program and Amendment to the 2007 Unified Planning Work Program Agreement Number 310995. 

43.             No. 07TI003 – Approve a request by Kevin Buntrock for The Estates and Golf Club at Red Rock to consider an application for a Revised Project Plan for Tax Increment District No. 32 for Red Rock Estates on Lots 1 thru 11 of Block 1, Lots 1 thru 19 of Block 2, Lots 1 thru 3 of Block 3, Lot 1 of Block 4, Lot 1 of Block 5, Outlot 1, and dedicated streets, all in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1, 2, 3A, 3B, 4A, and 4B of Block 6 of Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4 thru 16 of Block 3, Lot 2 and Lot 3 of Block 4, Lots 1 thru 6 of Block 7, Lots 1 thru 3 of Block 8, all in Red Rock Estates Phase 2, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Outlot A of Tract A, Countryside Sub, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Well Lot, and Balance of Picardi Ranch Road, and  Balance of Tract 1 (Less Red Rock Estates and Less ROW), all in Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted E1/2 NW1/4 NE1/4 less Red Ridge Ranch and ROW, SW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates, less Red Rock Estate Phase 1A, and Less Row,  E1/2 NW1/4 less Red Rock Estates and Less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Sub; N1/2 NE1/4 SW1/4 less Red Rock Estates & Less Countryside Sub; E1/2 NE1/4, and W1/2 NW1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of the intersection of Sheridan Lake Road and Muirfield Drive. 

44.             No. 07TI004 – Approve a request by Kevin Buntrock for The Estates and Golf Club at Red Rock to consider an application for a Revised Project Plan for Tax Increment District No. 46 for Red Rock Meadows Revised on N1/2 NW1/4 NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, S1/2 NW1/4 NW1/4 and SW1/4 NW1/4, all located in Section 28, T1N, R7E, BHM, Rapid City Pennington County, South Dakota; and, Block 16, Lots 1-4 (Golf Course); Block 17, Lots 1-10; Block 15, Lots 1-8 (Golf Course); Block 18, Lots 1-17; Block 10, Lots 1-6 and Outlot G-1; Block 11, Lots 1-37; Block 7, Lots 7-9; Block 12, Lots 1-13; Block 9, Lots 1-6 (Golf Course); Block 8, Lots 4, 5A and 6; Block 2, Lots 1-21; Block 13, Lots 1A, 1B, 2-5; Block 14, Lots 1A, 1B, 2A, 2B, 3-6; Block 1, Lots 1-11; Block 4, Lot 1, 4 & 5; Block 3, Lots 1-3; Block 5, Lot 1; Outlot G less Lots 20 & 21 of Block 2 & less Lots 4 & 5  of Block 4; Outlot 1; Lot P (Utility Lot); All located in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Block 6, Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8, 9A, 9B, 10A,  10B, 11A, 11B, 12 of Red Rock Estates Phase 1A, Section 29, T1N, R7E, Rapid City, Pennington County, South Dakota; and, Block 3, Lots 4-16; Block 8, Lot 1-3; Block 7, Lots 1-6; Block 4, Lots 2-3; All located in Red Rock Estates Phase II, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Well Lot; Balance of Tract 1 less Red Rock Estates & less ROW; Balance of Picardi Ranch Road; All located in Red Ridge Ranch Subdivision, Section 29, T1N, R7E, Rapid City, Pennington County, South Dakota; and, Outlot A of Tract A, Countryside Subdivision; Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, E1/2NW1/4NE1/4 less Red Ridge Ranch & less ROW; SW1/4 NE1/4 less Red Ridge Ranch less Red Rock Estates less Red Rock Estates Phase 1A & less ROW; E1/2 NW1/4 less Red Rock Estates & less ROW; W1/2 W1/4 NE1/4 less Red Ridge Ranch less Red Rock Estates & less ROW; E1/2 NE1/4; All rights-of-way located within Red Rock Estates, Red Rock Estates Phase 1A, Red Rock Estates Phase II, and Red Ridge Ranch Subdivision; All located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of the intersection of Sheridan Lake Road and Muirfield Drive.

45.             No. LF041107-12 – Approve Resolution Declaring Property Surplus for Finance Office. 

46.             No. LF041107-13 – Approve Travel Request for Marcia Elkins and Mason Short to attend the Rapid City Chamber Retreat, April 19-21, 2007 in Boise , Idaho in the amount of $2,145. (Karen Gundersen-Olson is also attending this retreat and was previously approved by the Council in the amount of $600). 

47.             Acknowledge the following volunteer for workmen compensation purposes: Devon Sorestad. 

48.             No. LF041107-14 – Approve Resolution to Amend the Non-Union Compensation Plan and Establish the Position of Deputy Airport Director. 

49.             No. LF041107-15 – Approve Resolution to Amend the Non-Union Compensation Plan and Establish the Position of Rapid Transit Operations Coordinator. 

50.             No. LF041107-27 - Approve Resolution Establishing Change Fund at the RCPD in the amount of $100. 

51.             Authorize staff to apply for a Mosquito Control Grant from the South Dakota Department of Health. 

52.             No. LF041107-16 – Approve Naming/Renaming Parks and/or Recreational Facilities Policy. 

53.             No. LF041107-17 – Authorize the Rapid City Department of Parks and Recreation to Partner on a Recreational Trails Program Grant with the Hanson Larson Memorial Park Foundation and the Black Hills Mountain Biking Association to develop a Master Plan and Construct a Trail System for the M Hill Area to include the Chuck Lien Family Park. 

54.             No. LF041107-18 – Acknowledge Raffle Request from Easter Seals South Dakota. 

55.             No. LF041107-19 – Acknowledge Raffle Request from Borgund Lodge 1-532. 

56.             No. LF041107-20 – Acknowledge Raffle Request from Christina’s Smile. 

57.             No. LF041107-21 – Acknowledge Bingo Request from Western Dakota Tech. 

58.             No. LF041107-22 – Acknowledge Raffle Request from The Rapid City-Imaichi Sister City Association, Inc. 

59.             No. LF041107-26 - Acknowledge Raffle Request from Black Hills Symphony Orchestra. 

60.             No. LF041107-23 – Authorize Mayor and Finance Officer to sign Release of Covenant Agreement with By Pass Development, LLC. 

61.             Approve resolution amending award of bid from Eddie’s Truck Sales for a single axle dump truck for the Street Division in the sum of $80,451 to Northern Truck Company in the amount of $79,929. 

62.             Approve the following licenses:  Trenching Contractor:  James Letner, Letner Construction; Sewer and Water Journeyman:  Wayne Hellman; Sewer and Water Contractor: Kenneth Prince, Shamrock Enterprises. 

Growth Management Department Consent Items

63.             No. 07AN002 - A request by CETEC Engineering Services, Inc. for OS Development, Inc. for a Petition for Annexation on the S1/2 NE1/4, SE1/4 less Tract 1 of Bradeen Subdivision, S1/2 NW1/4, Section 22, and NE1/4 NE1/4, W1/2 NE1/4, SE1/4 NE1/4, Section 27, T1N, R8E, BHM,  Pennington County, South Dakota, located west of Reservoir Road approximately one mile south of the intersection of SD Hwy 44 and Reservoir Road.

64.             No. 07PL042 - A request by Tyz Thurston for a Layout Plat on Lots 13A and 13B of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13 of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3825 Corral Drive.

65.             No. 07PL043 - A request by David Kallemeyn for Irvin W. and Illa M. Cannon for a Layout Plat on Lots 24A and 24B of the NE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 24 of the NE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3375 Corral Drive.

66.             No. 07PL046 - A request by Mario Rangel for Angel Munoz for a Layout Plat on Lots 1, 2 and 3 of Munoz Subdivision at N1/2 of NW1/4 of SW1/4 of SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the N1/2 of NW1/4 of SW1/4 of SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1540 Rand Road.

67.             No. 07PL047 - A request by CETEC Engineering Services, Inc. for OS Development, Inc. for a Layout Plat on Lots A thru E, Lots 1 thru 729, Morningstar Subdivision, S1/2 NE1/4, SE1/4 less Tract 1 of the Bradeen Subdivision, less Right-of-Way, Section 22; W1/2 NE1/4, SE1/4 NE1/4, NE1/4 NE1/4, Section 27, T1N, R8E, BHM, Pennington County, legally described as the S1/2 NE1/4, SE1/4 less Tract 1 of Bradeen Subdivision, Section 22, and NE1/4 NE1/4, W1/2 NE1/4, SE1/4 NE1/4, Section 27, T1N, R8E, BHM,  Pennington County, South Dakota, located west of Reservoir Road approximately one mile south of the intersection of SD Hwy 44 and Reservoir Road.

END OF CONSENT CALENDAR

Public Comment opened – Items 68 - 79

Public Comment closed

NON-CONSENT ITEMS – Items 68 - 79

ORDINANCES

68.             No. 07RZ028 – First Reading, Ordinance No. 5280, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by enVision Design, Inc. for Plum Creek Development LLC for a Rezoning from Low Density Residential II District to General Commercial District on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. More particularly described as follows: Commencing at the southwest corner of said SW1/4 of Section 16, monumented with a “brass cap”: Thence N00º02'47"W along the west line of said SW1/4 of Section 16 a distance of 1320.78 feet to the south line of the N1/2 of said SW1/4; Thence N89º56'28"E along said south line a distance of 622.29 feet to the true point of beginning; Thence N43º11'32"E a distance of 341.06 feet; Thence S52º58'51"E a distance of 45.24 feet; Thence S73º29'03"E a distance of 86.87 feet; Thence N65º38'53"E a distance of 86.30 feet; Thence N45º00'00"E a distance of 240.00 feet; Thence S45º00'00"E a distance of 127.13 feet to a point on a curve from which the radius of said curve bears S38º06'51"E a distance of 296.00 feet; Thence north easterly along the arc of a curve to the right having a radius of 296.00 feet, a central angle of 18º38'05" for a distance of 96.27 feet; Thence departing said curve S00º06'26"E a distance of 301.76 feet; Thence S11º27'13"W a distance of 233.77 feet; Thence S00º00'00"E a distance of 425.77 feet; Thence N90º00'00"E a distance of 82.76 feet; Thence S47º24'00"E a distance of 55.30 feet; Thence S42º36'00"W a distance of 223.52 feet to the east line of the SW1/4 of the SW1/4 of said Section 16; Thence N00º01'14"W along said east line a distance of 801.05 feet to said south line of the N1/2 of the SW1/4; Thence S89º56'28"W along said south line a distance of 701.09 feet to the true point of beginning, containing an area of 5 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

69.             No. 07OA004 – First Reading, Ordinance No. 5279 An Ordinance to Correct the Numbering of Certain Subsections of Section 17.22.030 of The Rapid City Municipal Code.

70.             No. LF032807-06 – Second Reading, Ordinance No. 5269 for Supplemental Appropriation No. 2 for 2007. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

71.             Request to waive late fees on the notice of special assessment for 1117 Holcomb, David Goodwin

72.             No. LF041107-25 - Heritage Festival request for funding in the amount of $7,500

73.             No. 07TP002 – Approve the Citizens’ Advisory Committee, the Technical Coordinating Committee and the Executive Policy Committee Bylaws. 

74.             No. 07TP003 – Approve the Metropolitan Planning Organization Operations Plan. 

PUBLIC WORKS COMMITTEE ITEMS

75.             No. PW041007-02 – Left turn off East Saint Charles Street at East Saint Joseph Street, Alderman Johnson

BIDS

76.             No. CC041607-02 – Raider Road Water Main Loop Project No.  W07-1601 / CIP No. 50475 (opened March 17, 2007)

77.             No. CC041607-02 – Wonderland Drive Street and Drainage Improvements Project No.  ST07-1610 / CIP No. 50155 (opened April 10, 2007)

78.             No. CC041607-02 – 2007 Street Painting Contract Project No.  PM07-1615 / CIP No. 50594 (opened March 27, 2007)

MAYOR’S ITEMS

79.             Certificate of Appointment and Loyalty Oath, Pauline Sumption as Assistant Finance Officer swearing-in

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 80 - 140

Open Public Hearing (comment) -- Items 80 – 140

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 80 - 122

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

Continue the following items until May 7, 2007:

80.             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.

81.             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.

82.             No. 06PL103 - A request by CETEC Engineering, Inc. for Park Hill Development, Inc. for a Preliminary Plat on Lots 18 thru 35, Block 2; Lots 14 thru 25, Block 5; and the dedicated public right-of-way, Park Meadows Subdivision, located in the SW1/4 NE1/4, SE1/4 NE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the SW1/4 NE1/4, SE1/4 NE1/4, less the Right-of-Way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Smith Avenue.

83.             No. 06PL108 - A request by DGM Development for a Preliminary Plat on Lots 1 thru 190, Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 10 and 11, Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4325 and 4385 Haines Avenue.

84.             No. 06PL133 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary Plat on Lots 16 thru 23, Block 1; Lots 1 thru 5, Block 3; Lots 1 thru 10, Block 4; Lots 1 thru 16, Block 5; Lots 1 thru 6, Block 6; and drainage Lot 1, Brookfield Subdivision, formerly a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Three Rivers Drive.

85.             No. 06PL169 - A request by Boschee Engineering for Dr. Don Oliver for a Preliminary Plat on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West.

86.             No. 06PL178 - A request by Boschee Engineering for OTS, Inc. for a Preliminary Plat on Lots 1 thru 8 of Block 1, lots 1 thru 8 of Block 2, Lots 1 thru 17 of Block 3, and lots 1 thru 9 of Block 4, located in the SW1/4 SW1/4, W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Bendt Drive.

87.             No. 06PL189 - A request by Michael Hanson for John & Meredith Humke for a Preliminary Plat on Lots 24A and 24B of Block 3 of Stoney Creek Subdivision, formerly Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Nugget Gulch Drive and Harvard Avenue.

88.             No. 06SV012 - A request by Sperlich Consulting, Inc. for Sharon Norman for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Old Folsom Road, the Section Line Highway(s), the collector street and Norman Ranch Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 4A, 4B and 5R of Judicial Lot 4; and Lots 6 thru 17, Norman Ranch Subdivision, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 4 and 5 of Judicial Lot 4 of Norman Ranch Subdivision; the N1/2 SW1/4; the NW1/4 SE1/4 lying southwest of Old Folsom Road less the south 99 feet of NW1/4 SE1/4; the N1/2 N1/2 SE1/4 SW1/4; the W1/2 SW1/4 SW1/4; the N1/2 NE1/4 SW1/4 SW1/4; the west 220 feet of the S1/2 NE1/4 SW1/4 SW1/4; and the west 220 feet of SE1/4 SW1/4 SW1/4; all located in Section 28, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Highway 79 and Old Folsom Road.

89.             No. 06SV066 - A request by Boschee Engineering for Dr. Don Oliver for a Variance to the Subdivision Regulations to waive the Requirement to install curb, gutter, sidewalk, street light conduit, water, sewer, pavement; and to allow 10 foot wide dirt road to serve as access to Lot 1 and to allow Wilderness Canyon Road to remain a 24 foot paved street with water as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West.

90.             No. 06SV069 - A request by Fisk Land Surveying for Judy Lien for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks, curb, gutter, street light conduit, sewer and water main along Mall Drive and N. Maple Avenue and to reduce the pavement width from 40 feet to 26 feet along Mall Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2, 3 and 4 of LJS Subdivision, formerly a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Maple Avenue and Mall Drive.

91.             No. 06VR009 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on Lot 2, O'Meara Addition and Lot B of the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Tower Road at the intersection of Skyline Ranch Road and Tower Road.

92.             No. 07CA008 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial on Lot 1 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elk Vale Road and Creek Drive.

93.             No. 07CA011 - A request by enVision Design, Inc. for Plum Creek Development LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to Office Commercial with a Planned Commercial Development on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County South Dakota. more particularly described as follows: Commencing at the west one-quarter corner of said SW1/4 of Section 16; Thence S00º02'47"E a distance of 520.56 feet to the true point of beginning; Thence S64º12'46"E a distance of 216.53 feet; Thence S37º01'44"W a distance of 323.28 feet; Thence N00º02'47"W a distance of 352.28 feet to the true point of beginning containing an area of 1 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

94.             No. 07CA012 - A request by enVision Design, Inc. for Plum Creek Development LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial with a Planned Commercial Development on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: beginning at the southwest corner of said SW1/4 of Section 16, monumented with a “Brass Cap”; Thence N00˚02'47"W along the west line of said SW1/4 of Section 16 a distance of 659.14 feet; Thence N43º11'32"E a distance of 908.40 feet to the south line of the N1/2 of said SW1/4; Thence N89º56'28"E along said south line a distance of 764.34 feet; Thence S11º27'13"W a distance of 176.90 feet; Thence S00º00'00"E a distance of 425.77 feet; Thence N90º00'00"E a distance of 82.76 feet; Thence S47º24'00"E a distance of 55.30 feet; Thence S42º36'00"W a distance of 679.73 feet; Thence S36º48'24"E a distance of 230.78 feet to the south line of said SW1/4; Thence S89º58'32"W along said south line a distance of 1152.06 feet to the point of beginning, containing an area of 34 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

95.             No. 07CA013 - A request by enVision Design, Inc. for Plum Creek Development LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial with a Planned Commercial Development on a Tract of land located in the SW1/4 of Section 16, T1N, R8E of the BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing  at the west one-quarter corner of said SW1/4 of Section 16; Thence N89º53'45"E a distance of 963.59 feet; to the true point of beginning; Thence N89˚53'45"E a distance of 440.90 feet; Thence S25º29'36"W a distance of 1072.85 feet to a point of curvature; Thence along the arc of a curve to the right having a radius of 204.00 feet, a central angle of 07º38'22" for a distance of 27.20 feet; Thence N60º47'57"W a distance of 304.64 feet; Thence N64º12'46"W a distance of 214.00 feet; Thence N37º01'44"E a distance of 266.29 feet to a point on a curve from which the radius point of said curve bears N52º56'54"W a distance of 3424.04 feet; Thence northeasterly along the arc of a curve to the left having a radius of 3424.04 feet, a central angle of 10º34'59" for a distance of 632.45 feet to the true point of beginning, containing an area of 10 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

96.             No. 07PL006 - A request by Centerline, Inc. for Broadmoor Homeowners' Association for a Preliminary Plat on Lots 39 and 40 of Broadmoor Subdivision Phase 1, formerly a portion of Lot B of Broadmoor Subdivision Phase 1 located in Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot A less Lot H1 and Lot B less Lot 12 revised thru 14 revised and Lot C Revised and Lot D of Broadmoor Subdivision Phase 1, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Sheridan Lake Road and Sunset Vista Road.

97.             No. 07PL015 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 21 of Block 1, Lots 1 thru 4 of Block 2, Lots 1 thru 5 of Block 3, Lots 1 thru 3 of Block 4, Lots 1 and 2 of Block 5, and Lots 1 thru 6 of Block 6 and Utility Lot 1 of Copperfield Vistas Subdivision, all located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of Lot 28 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a rebar with survey cap “LS 6251”; thence, westerly along the north line of said Lot 28 in Block 1 of Copperfield Subdivision, S89º59’08”W, a distance of 109.97 feet, more or less, to the northwest corner of said Lot 28, said corner being marked by a 5/8 inch rebar; thence, southwesterly along the northerly edge of Copperfield Drive right-of-way, S71º30’56”W, a distance of 63.29 feet, more or less to the northeast corner of Lot 1 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 83.02 feet, more or less; thence, continuing northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 15.67 feet, more or less, to the northwest corner of said Lot 1, said corner being coincident with the northeast corner of Lot 3 in Block 7 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap; thence, northwesterly along the north line of said Lot 3 in Block 7 of Copperfield Subdivision, N88º42’16”W, a distance of 51.73 feet, more or less, to the northwest corner of said Lot 3, said point being coincident with the northeast corner of Lot 4 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap “LS 2652”; thence, northwesterly along the north line of said Lot 4 in Block 7 of Copperfield Subdivision, N88º18’11”W, a distance of 76.36 feet, more or less, to the northwest corner of said Lot 4, said point being coincident with the northeast corner of Lot 5 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 5 in Block 7 of Copperfield Subdivision, N71º45’04”W, a distance of 68.75 feet, more or less; thence, N15º55’14”E, a distance of 104.91 feet, more or less; thence, N74º04’46”W, a distance of 45.00 feet, more or less; thence, N15º55’14”E, a distance of 160.58 feet, more or less; thence, S76º13’24”E, a distance of 120.24 feet, more or less; thence, S78º04’22”E, a distance of 59.02 feet, more or less; thence, N13º46’36”E, a distance of 98.10 feet, more or less; thence, N76º13’24”W, a distance of 13.77 feet, more or less; thence, N13º46’36”E, a distance of 52.00 feet, more or less; thence, S76º13’24”E, a distance of 5.67 feet, more or less; thence, N13º46’36”E, a distance of 80.12 feet, more or less; thence, N00º35’05”E, a distance of 68.76 feet, more or less; thence, N00º00’00”W, a distance of 83.80 feet, more or less; thence, S90º00’00”W, a distance of 0.65 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 18.65 feet, more or less; thence, N00º00’00”W, a distance of 200.26 feet, more or less; thence, S90º00’00”W, a distance of 20.17 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 2.17 feet, more or less; thence, N00º00’00”W, a distance of 455.50 feet, more or less; thence, curving to southwest to the left on a curve with a radius of 562.00 feet, a delta of 01º25’51”, an arc length of 14.03 feet, and a chord bearing of S78º05’02”W and chord distance of 14.03 feet; thence, N12º37’53”W, a distance of 76.00 feet, more or less; thence, curving to the northeast to the right on a curve with a radius of 638.00 feet, a delta of 10º54’37”, an arc length of 121.49 feet, and a chord bearing of N82º49’25”E and chord distance of 121.30 feet; thence, N44º21’49“E, a distance of 14.30 feet, more or less; thence, N00º00”00”W, a distance of 15.20 feet, more or less; thence, N90º00’00”E, a distance of 52.00 feet, more or less; thence, S00º00’00”E, a distance of 15.13 feet, more or less; thence, S45º00’00”E, a distance of 14.14 feet, more or less; thence, N90º00’00”E, a distance of 142.69 feet, more or less, to a point on the north/south 1/4 section line of Section 4, T1N, R8E, BHM, Pennington County, South Dakota; thence, southerly along said 1/4 section line, S00º05’16”E, a distance of 941.09 feet, more or less, to a point marked by an iron pin; thence, continuing southerly along said 1/4 section line, S00º05’03”E, a distance of 517.62 feet, more or less, to a point located on said 1/4 section line being marked by a rebar with survey cap “LS 6251”; thence, continuing southerly along said 1/4 section line, S00º03’43”E, a distance of 781.29 feet, more or less; thence, S89º47’47”W, a distance of 303.32 feet, more or less to a point along the easterly line of Lot 17 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 17 in Block 1 of Copperfield Subdivision, N22º39’36”W, a distance of 46.14 feet, more or less, to the northeast corner of said Lot 17, said corner being coincident with the southeast corner of Lot 18 in Block 1of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 18 in Block 1 of Copperfield Subdivision, N01º44’10”W, a distance of 58.19 feet, more or less, to the northeast corner of said Lot 18, said corner being coincident with the southeast corner of Lot 19 in Block 1 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked with a rebar and survey cap “LS 2652”; thence, northeasterly along the east line of said Lot 19 in Block 1 of Copperfield Subdivision, N26º46’20”E, a distance of 44.28 feet, more or less, to the northeast corner of said Lot 19, said corner being coincident with the southeast corner of Lot 20 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked by a rebar with survey cap “LS 2652”; thence, northeasterly along the east line of Lots 20 through 24 inclusive of Block 1 of Copperfield Subdivision, as shown on the plats recorded in Book 22 of Plats on Page 21and in Book 22 of Plats on Page 195, N27º11’29”E, a distance of 364.58 feet, more or less to the northeast corner of said Lot 24 in Block 1 of Copperfield Subdivision, said corner being coincident with the southeast corner of Lot 25 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northeasterly along the east line of said Lot 25 in Block 1 of Copperfield Subdivision, N19º26’44”E, a distance of 83.01 feet, more or less, to the northeast corner of Said Lot 25, said corner being coincident with the southeast corner of Lot 26 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195; thence, northeasterly along the east lines of Lots 26, 27 and 28 of Block One of Copperfield Subdivision, N02º40’24”E, a distance of 239.67 feet, more or less to the point of beginning, located east of Valley Drive and west of Concourse Drive.

98.             No. 07PL026 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 6A and Lot 6B of Block 19 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6 of Block 19 of Red Rock Estates, located in the SE1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Ainsdale Court.

99.             No. 07PL029 - A request by D. C. Scott Co. Land Surveyors for Wesleyan Church for a Preliminary Plat on Lot 1 of Word of Hope Subdivision, located in the NE1/4 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NE1/4 SE1/4, lying southeast of Elk Vale Road, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Jolly Lane, at the north end between Jolly Lane cul-de-sac and curve in Elk Vale Road.

100.         No. 07PL034 - A request by Ron Davis for Davis Engineering, Inc. for a Preliminary Plat on Lots 8 thru 12 of Block 5; Lot 11 of Block 6; Lots 1 thru 3 of Block 7; and Lot 2 of Block 8 of Murphy Ranch Estates Subdivision, located on the NE1/4 of the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of the unplatted balance of Tract F on the NE1/4 of the NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located east of Reservoir Road and south of Longview Road.

101.         No. 07PL038 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 through 7 of Block 1, Tracts A, B, C, D, and E of Block 2, Lots 1 through 9 of Block 3, Tracts G and J, of Rushmore Crossing, and Eglin Street (formerly part Farnwood Avenue), Luna Avenue extension, areas dedicated for public right-of-way purposes, easements and vacation of easements and public right-of-ways of Rushmore Crossing in Sections 29, 30 and 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota., legally described as Lots BR of Lots 2 of the SE1/4 SW1/4  of Section 29; Lots C of Lots 2 of the SE1/4 SW1/4 of Section 29; Tract C of the SW1/4 of Section 29; Lots 1 of the SW1/4 SE1/4 Section 29; Lots A of Lots 1 and 2 on the SE1/4 SE1/4 of Section 29; Lots 1R of Lots 1 and 2 of the SE1/4 SW1/4 of Section 29; unplatted portions of the SW1/4 of Section 29; Lots H-1, located in the N1/2 SE1/4 of Section 30; part of Lots 1 and 2, Block 2 of Rapps Addition, located in the SE1/4 of Section 30; part of Lots M, located in the NW1/4 SE1/4 of Section 30; part of Lots K-4 of Marshall Heights Tract, located in the SW1/4 of Section 30; and the unplatted portions of the SE1/4 of Section 30; and Tract C in the NE1/4 NW1/4 and the NW1/4 NE1/4 of Section 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Interstate 90 and North LaCrosse Street.

102.         No. 07PL044 - A request by Fisk Land Surveying & Consulting Engineers for Michael Leiby for a Layout Plat on Lots 16A and 16B of  Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 16 of Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5870 Mercury Drive.

103.         No. 07PL045 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Preliminary Plat on Lots 25 thru 32 of Block 18, Lots 9 thru 15 and Lots 18 thru 20 of Block 24, Lots 4 thru 9 of Block 25, and Lots 1 thru 5 of Block 26, Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Savannah Street and southeast of the intersection of Albert Land and Plateau Lane.

104.         No. 07RZ012 – Second Reading, Ordinance No. 5267, 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 General Commericial District on Lot 1 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elk Vale Road and Creek Drive.

105.         No. 07RZ016 – Second Reading, Ordinance No. 5273, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by enVision Design, Inc. for Plum Creek Development LLC for a Rezoning from General Commercial District to Office Commercial District on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County South Dakota. more particularly described as follows: Commencing at the west one-quarter corner of said SW1/4 of Section 16; Thence S00º02'47"E a distance of 520.56 feet to the true point of beginning; Thence S64º12'46"E a distance of 216.53 feet; Thence S37º01'44"W a distance of 323.28 feet; Thence N00º02'47"W a distance of 352.28 feet to the true point of beginning containing an area of 1 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

106.         No. 07RZ017 – Second Reading, Ordinance No. 5274, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by enVision Design, Inc. for Plum Creek Development LLC for a Rezoning from General Agriculture District to General Commercial District on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: beginning at the southwest corner of said SW1/4 of Section 16, monumented with a “Brass Cap”; Thence N00˚02'47"W along the west line of said SW1/4 of Section 16 a distance of 659.14 feet; Thence N43º11'32"E a distance of 908.40 feet to the south line of the N1/2 of said SW1/4; Thence N89º56'28"E along said south line a distance of 764.34 feet; Thence S11º27'13"W a distance of 176.90 feet; Thence S00º00'00"E a distance of 425.77 feet; Thence N90º00'00"E a distance of 82.76 feet; Thence S47º24'00"E a distance of 55.30 feet; Thence S42º36'00"W a distance of 679.73 feet; Thence S36º48'24"E a distance of 230.78 feet to the south line of said SW1/4; Thence S89º58'32"W along said south line a distance of 1152.06 feet to the point of beginning, containing an area of 34 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

107.         No. 07RZ018 – Second Reading, Ordinance No. 5275, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by enVision Design, Inc. for Plum Creek Development LLC for a Rezoning from Office Commercial District to General Commercial District on a Tract of land located in the SW1/4 of Section 16, T1N, R8E of the BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing  at the west one-quarter corner of said SW1/4 of Section 16; Thence N89º53'45"E a distance of 963.59 feet; to the true point of beginning; Thence N89˚53'45"E a distance of 440.90 feet; Thence S25º29'36"W a distance of 1072.85 feet to a point of curvature; Thence along the arc of a curve to the right having a radius of 204.00 feet, a central angle of 07º38'22" for a distance of 27.20 feet; Thence N60º47'57"W a distance of 304.64 feet; Thence N64º12'46"W a distance of 214.00 feet; Thence N37º01'44"E a distance of 266.29 feet to a point on a curve from which the radius point of said curve bears N52º56'54"W a distance of 3424.04 feet; Thence northeasterly along the arc of a curve to the left having a radius of 3424.04 feet, a central angle of 10º34'59" for a distance of 632.45 feet to the true point of beginning, containing an area of 10 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

108.         No. 07RZ019 – Second Reading, Ordinance No. 5276, 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 Jenicey, Inc., Craig Uhre President for a Rezoning from Heavy Industrial District to General Commercial District on Lot A of Tract 2 of Kormylo Subdivision, located in the SW1/4 NW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of U.S. Highway 79 South Minnesota Street.

109.         No. 07SV001 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Variance to the Subdivision regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highway as per Chapter 16.16 of the Rapid City Municipal Code on a portion of the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, and a portion of Tract 5 of Sletten Addition, located in the NW1/4 of the SW1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the easterly 1/4 Corner of Section 13, T2N, R7E, common with the westerly 1/4 corner of Section 18, T2N, R8E, and common with the northwesterly corner of Tract 5 of Sletten Addition, and the Point of Beginning; Thence, first course: S89º38’53”E, along the northerly boundary of said Tract 5 of Sletten Addition, a distance of 33.00 feet, to a point on the easterly edge of the statutory section line right-of-way in said Section 18; Thence, second course: S00º07’25”W, along the easterly edge of said statutory section line right-of-way, a distance of 1090.65 feet, to a point of curve of Lot H-1 of Tract 5 of Sletten Addition; Thence, third course: northwesterly, curving along the northeasterly edge of the right-of-way of said Lot H-1 of Tract 5 of Sletten Addition, curving to the left on a curve with a radius of 285.79 feet, a delta angle of 27º48’23”, an arc length of 138.70 feet, a chord bearing of N13º46’46”W, and a chord distance of 137.34 feet, to the northwesterly corner of said Lot H-1 of Tract 5 of Sletten Addition, and a point of compound curvature; Thence, fourth course: northwesterly, curving to the left on a curve with a radius of 253.40 feet, a delta angle of 14º54’34”, an arc length of 65.94 feet, a chord bearing of N30º00’02”W, and a chord distance of 65.75 feet, to a point on the westerly edge of the statutory section line right-of-way in said Section 13; Thence, fifth course: N00º07’25”E, along the westerly edge of said statutory section line right-of-way, a distance of 900.49 feet, to a point on the Center 1/4 line of said Section 13; Thence, sixth course: N89º56’42”E, along said Center 1/4 line of said Section 13, a distance of 33.00 feet, to the easterly 1/4 Corner of Section 13, T2N, R7E, common with the westerly 1/4 Corner of Section 18, T2N, R8E, and common with the northwesterly corner of Tract 5 of Sletten Addition, and the Point of Beginning, located at the northern terminus of Cobalt Drive.

110.         No. 07SV005 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to provide easements across lots or centered on rear or side lot lines for utilities and drainage as per Chapter 16.12.200.A of the Rapid City Municipal Code on Lots 1 thru 21 of Block 1, Lots 1 thru 4 of Block 2, Lots 1 thru 5 of Block 3, Lots 1 thru 3 of Block 4, Lots 1 and 2 of Block 5, and Lots 1 thru 6 of Block 6 and Utility Lot 1 of Copperfield Vistas Subdivision, all located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of Lot 28 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a rebar with survey cap “LS 6251”; thence, westerly along the north line of said Lot 28 in Block 1 of Copperfield Subdivision, S89º59’08”W, a distance of 109.97 feet, more or less, to the northwest corner of said Lot 28, said corner being marked by a 5/8 inch rebar; thence, southwesterly along the northerly edge of Copperfield Drive right-of-way, S71º30’56”W, a distance of 63.29 feet, more or less to the northeast corner of Lot 1 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 83.02 feet, more or less; thence, continuing northwesterly along the north line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 15.67 feet, more or less, to the northwest corner of said Lot 1, said corner being coincident with the northeast corner of Lot 3 in Block 7 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap; thence, northwesterly along the north line of said Lot 3 in Block 7 of Copperfield Subdivision, N88º42’16”W, a distance of 51.73 feet, more or less, to the northwest corner of said Lot 3, said point being coincident with the northeast corner of Lot 4 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, and said corner being marked by a rebar with survey cap “LS 2652”; thence, northwesterly along the north line of said Lot 4 in Block 7 of Copperfield Subdivision, N88º18’11”W, a distance of 76.36 feet, more or less, to the northwest corner of said Lot 4, said point being coincident with the northeast corner of Lot 5 in Block 7 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195, said corner being marked by a 5/8 inch rebar; thence, northwesterly along the north line of said Lot 5 in Block 7 of Copperfield Subdivision, N71º45’04”W, a distance of 68.75 feet, more or less; thence, N15º55’14”E, a distance of 104.91 feet, more or less; thence, N74º04’46”W, a distance of 45.00 feet, more or less; thence, N15º55’14”E, a distance of 160.58 feet, more or less; thence, S76º13’24”E, a distance of 120.24 feet, more or less; thence, S78º04’22”E, a distance of 59.02 feet, more or less; thence, N13º46’36”E, a distance of 98.10 feet, more or less; thence, N76º13’24”W, a distance of 13.77 feet, more or less; thence, N13º46’36”E, a distance of 52.00 feet, more or less; thence, S76º13’24”E, a distance of 5.67 feet, more or less; thence, N13º46’36”E, a distance of 80.12 feet, more or less; thence, N00º35’05”E, a distance of 68.76 feet, more or less; thence, N00º00’00”W, a distance of 83.80 feet, more or less; thence, S90º00’00”W, a distance of 0.65 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 18.65 feet, more or less; thence, N00º00’00”W, a distance of 200.26 feet, more or less; thence, S90º00’00”W, a distance of 20.17 feet, more or less; thence, N00º00’00”W, a distance of 52.00 feet, more or less; thence, N90º00’00”E, a distance of 2.17 feet, more or less; thence, N00º00’00”W, a distance of 455.50 feet, more or less; thence, curving to southwest to the left on a curve with a radius of 562.00 feet, a delta of 01º25’51”, an arc length of 14.03 feet, and a chord bearing of S78º05’02”W and chord distance of 14.03 feet; thence, N12º37’53”W, a distance of 76.00 feet, more or less; thence, curving to the northeast to the right on a curve with a radius of 638.00 feet, a delta of 10º54’37”, an arc length of 121.49 feet, and a chord bearing of N82º49’25”E and chord distance of 121.30 feet; thence, N44º21’49“E, a distance of 14.30 feet, more or less; thence, N00º00”00”W, a distance of 15.20 feet, more or less; thence, N90º00’00”E, a distance of 52.00 feet, more or less; thence, S00º00’00”E, a distance of 15.13 feet, more or less; thence, S45º00’00”E, a distance of 14.14 feet, more or less; thence, N90º00’00”E, a distance of 142.69 feet, more or less, to a point on the north/south 1/4 section line of Section 4, T1N, R8E, BHM, Pennington County, South Dakota; thence, southerly along said 1/4 section line, S00º05’16”E, a distance of 941.09 feet, more or less, to a point marked by an iron pin; thence, continuing southerly along said 1/4 section line, S00º05’03”E, a distance of 517.62 feet, more or less, to a point located on said 1/4 section line being marked by a rebar with survey cap “LS 6251”; thence, continuing southerly along said 1/4 section line, S00º03’43”E, a distance of 781.29 feet, more or less; thence, S89º47’47”W, a distance of 303.32 feet, more or less to a point along the easterly line of Lot 17 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 17 in Block 1 of Copperfield Subdivision, N22º39’36”W, a distance of 46.14 feet, more or less, to the northeast corner of said Lot 17, said corner being coincident with the southeast corner of Lot 18 in Block 1of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northwesterly along the east line of said Lot 18 in Block 1 of Copperfield Subdivision, N01º44’10”W, a distance of 58.19 feet, more or less, to the northeast corner of said Lot 18, said corner being coincident with the southeast corner of Lot 19 in Block 1 of Copperfield Subdivision as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked with a rebar and survey cap “LS 2652”; thence, northeasterly along the east line of said Lot 19 in Block 1 of Copperfield Subdivision, N26º46’20”E, a distance of 44.28 feet, more or less, to the northeast corner of said Lot 19, said corner being coincident with the southeast corner of Lot 20 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21, said corner being marked by a rebar with survey cap “LS 2652”; thence, northeasterly along the east line of Lots 20 through 24 inclusive of Block 1 of Copperfield Subdivision, as shown on the plats recorded in Book 22 of Plats on Page 21and in Book 22 of Plats on Page 195, N27º11’29”E, a distance of 364.58 feet, more or less to the northeast corner of said Lot 24 in Block 1 of Copperfield Subdivision, said corner being coincident with the southeast corner of Lot 25 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 21; thence, northeasterly along the east line of said Lot 25 in Block 1 of Copperfield Subdivision, N19º26’44”E, a distance of 83.01 feet, more or less, to the northeast corner of Said Lot 25, said corner being coincident with the southeast corner of Lot 26 in Block 1 of Copperfield Subdivision, as shown on the plat recorded in Book 22 of Plats on Page 195; thence, northeasterly along the east lines of Lots 26, 27 and 28 of Block One of Copperfield Subdivision, N02º40’24”E, a distance of 239.67 feet, more or less to the point of beginning, located east of Valley Drive and west of Concourse Drive.

111.         No. 07SV008 - A request by Sperlich Consulting, Inc. for Schriner Investments, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, water, sewer and street light conduit and to reduce the width of the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 6 of Block 1, Lots 1 thru 5 of Block 2, Lot 1 of Block 3 of Medicine Ridge Subdivision, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4 excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Enchantment Road and east of Enchanted Pines Drive.

112.         No. 07SV010 - A request by D. C. Scott Co. Land Surveyors for Wesleyan Church for a Variance to the Subdivision Regulations to waive the requirement to develop section line right-of-way on an extension of Jolly Lane, dedicate additional public right-of-way on an extension of Jolly Lane, or install sidewalk on Jolly Lane; and to waive the requirements to install curb, gutter, sidewalk, sewer, water, or planting screen easement on Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Word of Hope Subdivision, located in the NE1/4 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NE1/4 SE1/4, lying southeast of Elk Vale Road,  Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Jolly Lane, at the north end between Jolly Lane cul-de-sac and curve in Elk Vale Road.

113.         No. 07SV013 - 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, sewer, water and pavement and to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 7 of Block 1, Tracts A, B, C, D, and E of Block 2, Lots 1 through 9 of Block 3, Tracts G and J, of Rushmore Crossing, and Eglin Street (formerly part Farnwood Avenue), Luna Avenue extension, areas dedicated for public right-of-way purposes, easements and vacation of easements and public right-of-ways of Rushmore Crossing in Sections 29, 30 and 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota., legally described as Lots BR of Lots 2 of the SE1/4 SW1/4  of Section 29; Lots C of Lots 2 of the SE1/4 SW1/4 of Section 29; Tract C of the SW1/4 of Section 29; Lots 1 of the SW1/4 SE1/4 Section 29; Lots A of Lots 1 and 2 on the SE1/4 SE1/4 of Section 29; Lots 1R of Lots 1 and 2 of the SE1/4 SW1/4 of Section 29; unplatted portions of the SW1/4 of Section 29; Lots H-1, located in the N1/2 SE1/4 of Section 30; part of Lots 1 and 2, Block 2 of Rapps Addition, located in the SE1/4 of Section 30; part of Lots M, located in the NW1/4 SE1/4 of Section 30; part of Lots K-4 of Marshall Heights Tract, located in the SW1/4 of Section 30; and the unplatted portions of the SE1/4 of Section 30; and Tract C in the NE1/4 NW1/4 and the NW1/4 NE1/4 of Section 32; all located in T2N, R8E, of the BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Interstate 90 and North LaCrosse Street.

114.         No. 07SV016 - A request by David Kallemeyn for Irvin W. and Illa M. Cannon for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk,  pavement, street light conduit, water and sewer along Easy Street and to waive the requirement to install sidewalk along Corral Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 24A and 24B of the NE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 24 of the NE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3375 Corral Drive.

115.         No. 07SV017 - A request by Fisk Land Surveying & Consulting Engineers for Michael Leiby for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 16A and 16B of  Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 16 of Block 4 of Eastern Acres Subdivision, located in Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5870 Mercury Drive.

116.         No. 07SV019 - A request by CETEC Engineering Services, Inc. for OS Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Reservoir Road and to provide a sidewalk on both sides of the collector street as per Chapter 16.16 of the Rapid City Municipal Code on Lots A thru E, Lots 1 thru 729, Morningstar Subdivision, S1/2 NE1/4, SE1/4 less Tract 1 of the Bradeen Subdivision, less Right-of-Way, Section 22; W1/2 NE1/4, SE1/4 NE1/4, NE1/4 NE1/4, Section 27, T1N, R8E, BHM, Pennington County, legally described as the S1/2 NE1/4, SE1/4 less Tract 1 of Bradeen Subdivision, Section 22, and NE1/4 NE1/4, W1/2 NE1/4, SE1/4 NE1/4, Section 27, T1N, R8E, BHM, Pennington County, South Dakota, located west of Reservoir Road approximately one mile south of the intersection of SD Hwy 44 and Reservoir Road.

117.         No. 07VR001 - A request by Boschee Engineering for OTS, Inc. for a Vacation of Section Line Highway on a parcel of land located in the SW1/4 of Section 22, T1N, R7E, and the NW1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Sheridan Lake Road and Wildwood Drive.

118.         No. 07VR002 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on the Rapp Street H-Lot located in the NE1/4 SW1/4 and NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Rapp Street east of LaCrosse Street.

119.         No. 07VR003 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on the Lot H-1 located in the S1/2 N1/2 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of I90 and west of East North Street.

Continue the following items until May 21, 2007:

120.         No. 07VE004 - A request by Angle Survey for Brandon Payne for a Vacation of an Access Easement on Lots 23 and 24 of Block 1 of Hillsview Haven Subdivision, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 23640 and 23642 Busted Five Court.

Continue the following items until June 4, 2007:

121.         No. 06PL176 - A request by Renner & Associates for Rob Livingston for a Preliminary Plat on Lots 1 thru 15 of Block 1 of Blake Estates Subdivision, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located northwest of the intersection of Blake Road and West Highway 44.

122.         No. 06SV075 - A request by Renner & Associates for Rob Livingston for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Section Line Highway and to waive the requirement to allow a lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 15 of Block 1 of Blake Estates Subdivision, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located north of the intersection of West Highway 44 and Blake Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 80 – 140

CONSENT PUBLIC HEARING ITEMS – Item 123 - 131

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

123.         Rushmore German Club for a special Beer License for an event scheduled August 17 thru 25, 2007 at the Central States Fair, 800 San Francisco Street

124.         Kraft Farms, Inc. dba Corner Pantry LaCrosse, 2130 LaCrosse Street for a Package (Off-Sale) Liquor License Transfer from Flannery Oil Company dba Corner Pantry-LaCrosse Street, 2130 LaCrosse Street

125.         Yeung, Inc. dba Great Wall Chinese Restaurant, 315 East North Street for a Retail (On-Sale) Wine License Transfer from Great Wall, Inc. dba Great Wall Chinese Restaurant, 315 East North Street

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

127.         Yeung, Inc. dba Imperial Chinese Restaurant, 702 East North Street for a Retail (On-Sale) Wine License Transfer from Great Wall, Inc. dba Imperial Chinese Restaurant, 702 East North Street

128.         Yeung, Inc. dba Imperial Chinese Restaurant, 702 East North Street for a Retail (On-Off Sale) Malt Beverage License (No Video Lottery) Transfer from Great Wall, Inc. dba Imperial Chinese Restaurant, 702 East North Street

129.         At Tatiana’s, Inc. dba At Tatiano’s – The Russian Restaurant, 1115 East North Street for a Retail (On-Sale) Wine License

130.         At Tatiana’s, Inc. dba At Tatiano’s – The Russian Restaurant, 1115 East North Street for a Retail (On-Off Sale) Malt Beverage License (No Video Lottery)

ASSESSMENT ROLLS

131.         No. PW103106-22 - Approve a Resolution Levying Assessment for Fairview Street Sewer Extension Project No. SS06-1556

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 132 - 140

132.         No. 06PD070 - An appeal of the Planning Commission's decision on a request by J Scull Construction for a Planned Residential Development - Initial and Final Development Plan on Lots 1 thru 16, Evergreen Condominiums, and Lot B of Lot 14, less North 80 feet of the East 255 feet of Lot B, platted, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1626 Evergreen Street.

133.         No. 06PD097 - An appeal of the Planning Commission's decision on a request by John M. Rowe, Buell Consulting, Inc. for Cellular, Inc. Network Corporation d/b/a Verizon Wireless for a Major Amendment to a Planned Residential Development to allow the construction of a cellular tower and accessory structures on Lot 1 of Vista Lake Subdivision No. 2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4600 Jackson Boulevard.

134.         No. 07CA014 - A request by Fisk Land Surveying & Consulting Engineers for Jenicey, Inc., Craig Uhre, President for an Amendment to the Adopted Comprehensive Plan to change the Land use designation from Industrial to General Commercial on Lot A of Tract 2 of Kormylo Subdivision, located in the SW1/4 NW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of U.S. Highway 79 and South Minnesota Street.

135.         No. 07CA015 - A request by enVision Design, Inc. for Plum Creek Development LLC for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Agriculture to General Commercial with a Planned Commercial Development on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. more particularly described as follows: Commencing at the southwest corner of said SW1/4 of section 16, monumented with a “Brass Cap”: Thence N00º02'47"W along the west line of said SW1/4 of Section 16 a distance of 1320.78 feet to the south line of the N1/2 of said SW1/4; Thence N89º56'28"E along said south line a distance of 622.29 feet to the true point of beginning; Thence N43º11'32"E a distance of 341.06 feet; Thence S52º58'51"E a distance of 45.24 feet; Thence S73º29'03"E a distance of 86.87 feet; Thence N65º38'53"E a distance of 86.30 feet; Thence N45º00'00"E a distance of 240.00 feet; Thence S45º00'00"E a distance of 127.13 feet to a point on a curve from which the radius of said curve bears S38º06'51"E a distance of 296.00 feet; Thence north easterly along the arc of a curve to the right having a radius of 296.00 feet, a central angle of 18º38'05" for a distance of 96.27 feet; Thence departing said curve S00º06'26"E a distance of 301.76 feet; Thence S11º27'13"W a distance of 56.86 feet to said south line; Thence S89º56'28"W along said south line a distance of 764.34 feet to the true point of beginning, containing an area of 4 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

136.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along Ireland Place as it abuts Lot 13 of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3825 Corral Drive. (07SV015)

137.         No. 07SV015 - A request by Tyz Thurston for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lots 13A and 13B of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13 of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3825 Corral Drive.

138.         No. 07SV018 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Variance to the Subdivision Regulations to allow a lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 25 thru 32 of Block 18, Lots 9 thru 15 and Lots 18 thru 20 of Block 24, Lots 4 thru 9 of Block 25, and Lots 1 thru 5 of Block 26, Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Savannah Street and southeast of the intersection of Albert Lane and Plateau Lane.

139.         No. 07RZ020 – Second Reading, Ordinance No. 5277, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by Barbara Thirstrup Zar for a Rezoning from General Commercial District to Medium Density Residential District on Lots 4 thru 7 of Block 9 of West Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 809 and 811 St. Cloud Street.

140.         No. 07RZ021 – Second Reading, Ordinance No. 5278, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by enVision Design, Inc. for Plum Creek Development LLC for a Rezoning from Low Density Residential II District to General Commercial District on a tract of land located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; more particularly described as follows: Commencing at the southwest corner of said SW1/4 of section 16, monumented with a “Brass Cap”: Thence N00º02'47"W along the west line of said SW1/4 of Section 16 a distance of 1320.78 feet to the south line of the N1/2 of said SW1/4; Thence N89º56'28"E along said south line a distance of 622.29 feet to the true point of beginning; Thence N43º11'32"E a distance of 341.06 feet; Thence S52º58'51"E a distance of 45.24 feet; Thence S73º29'03"E a distance of 86.87 feet; Thence N65º38'53"E a distance of 86.30 feet; Thence N45º00'00"E a distance of 240.00 feet; Thence S45º00'00"E a distance of 127.13 feet to a point on a curve from which the radius of said curve bears S38º06'51"E a distance of 296.00 feet; Thence north easterly along the arc of a curve to the right having a radius of 296.00 feet, a central angle of 18º38'05" for a distance of 96.27 feet; Thence departing said curve S00º06'26"E a distance of 301.76 feet; Thence S11º27'13"W a distance of 56.86 feet to said south line; Thence S89º56'28"W along said south line a distance of 764.34 feet to the true point of beginning, containing an area of 4 acres more or less, located southeast of the intersection of Elk Vale Road and Willowbend Road.

BILLS

141.         No. CC041607-01 Bill List for April 16, 2007

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