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

June 4 , 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 May 21, 2007

AWARDS AND RECOGNITIONS

1.                  Patriot Award presentation by South Dakota National Guard for Employee Support of Guard & Reserve

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 2 - 94

Public Comment opened – Items 2 - 76

Public Comment closed

CONSENT ITEMS – Items 2 - 76

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

Vacations of Right-Of-Way Set for Hearing (July 2, 2007)

2.                  No. 07VR005 - A request by Dream Design International, Inc. for a Vacation of Right-of-way on the portion of the unplatted balance lying between Lancer Drive and Elk Vale Road of the SE1/4 less Lot H1, less Lots H3 and H4 of the W1/2 SE1/4 and less Lots H3, H4 and H5 of the E1/2 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Lancer Drive and Elk Vale Road.

Alcoholic Beverage License Applications Set for Hearing (June 18, 2007)

3.                  Coco Palace, LLC dba Coco Palace, 1900 N. Maple Avenue for a Retail (On Sale) Wine License

4.                  Coco Palace, LLC dba Coco Palace, 1900 N. Maple Avenue for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

5.                  World Class Golf, Inc. dba World Class Golf, 5622 Sheridan Lake Road, Suite 105 for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

6.                  Century Motels, Inc. dba Howard Johnson, 950 North Street for a Retail (On Sale) Liquor License TRANSFER from M G Oil Company dba East St. Patrick Casino, 1026 E. St. Patrick Street

7.                  Doyle Estes, High Plains Securities, Inc. dba High Plains Securities, 4030 Cheyenne Blvd. for an (IN-ACTIVE) Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from SKS Productions dba Venue Eight, 504 Mt. Rushmore Road

8.                  Big D Oil Company dba Big D Oil #8, 2303 Jackson Blvd. for a Package (Off Sale) Malt Beverage License TRANSFER from James Barry Stoick dba Stoicks, 2303 Jackson Blvd.

9.                  Fat Boy’s, Inc. dba Firehouse Brewing Co., 610 Main Street for a Package (Off Sale) Liquor License

2007 – 2008 RETAIL (ON-OFF SALE) MALT BEVERAGE WITH VIDEO LOTTERY

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

11.             Dave M. & Linda K. Handley dba Hot Spot Casino, 420 E. St. Patrick Street, Suite 107 for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

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

2007 – 2008 RETAIL (ON-OFF SALE) MALT BEVERAGE NO VIDEO LOTTERY

14.             Asian Garden, Inc. dba Asian Garden, 740 Mt. View Road for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

15.             S & Y, Inc. dba Golden Phoenix Restaurant, 2421 W. Main Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

16.             Chrisbro, LLC dba Hampton Inn, 1720 Rapp Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

17.             Li Zhu Zhu dba Hong Kong Buffet, 927 East North Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

18.             Khoury’s Mediterranean Cuisine, Inc. dba Khoury’s Mediterranean Cuisine, 2520 W. Main Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

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

20.             NPC International, Inc. dba Pizza Hut #2776, 2604 W. Main Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

21.             NPC International, Inc. dba Pizza Hut #2777, 2005 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

22.             At Tatiana’s, Inc. dba At Tatiana’s The Russian Restaurant, 1118 East North Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

2007 – 2008 PACKAGE (OFF-SALE) MALT BEVERAGE

23.             Albertson’s LLC dba Albertson’s Food Center #845, 855 Omaha Street for a Package (Off Sale) Malt Beverage License

24.             Cigarette Chain, Inc. dba Cigarette Chain, 1903 N. Maple Avenue for a Package (Off Sale) Malt Beverage License

25.             Wal-Mart Stores, Inc. dba Wal-Mart Supercenter #1604, 1200 N. LaCrosse Street for a Package (Off Sale) Malt Beverage License

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

Public Works Committee Consent Items

27.             Acknowledge the report on funding recommendations from the Opportunity Capture Fund Oversight Board. (Accurpress, C-lock)

28.             No. PW032707-01 – Approve an annexation request from Rapid Canyon Sanitary District to include Lots 1 through 15 and Tract A of Block 1, all located in Government Lot 1, T1N, R7E, BHM, Pennington County, South Dakota

29.             No. PW052907-03 – Approve Change Order No. 1F for Soo San Drive Box Culvert Project No. DR06-1565 / CIP No. 50633 to Heavy Constructors, Inc. for a decrease of $5,895.88

30.             No. PW052907-04 – Approve Change Order No. 3F for Prairie Fire Sewer Main - Southside Drive 27” Sanitary Sewer Trunk Line Project No. SS06-1594 / CIP No. 50659 to Site Work Specialists, Inc. for a decrease of $617.90

31.             No. PW052907-05 – Approve Change Order No. 1 for Red Rock Water Storage Reservoir Project No. W03-1184 / CIP No. 50284 to Heavy Constructors, Inc. for an increase of $21,613.99

32.             No. PW052907-06 – Authorize staff to advertise for bids for 1st Street and Philadelphia Sewer Main Replacement Project No. SS05-1443 / CIP #50579

33.             No. PW052907-07 – Authorize the Mayor and Finance Officer to sign a Right-of-Way Acquisition Agreement with the South Dakota Department of Transportation SDDOT Project No. PH 1771(13), PCN 00LM, for the intersection of Sheridan Lake Road and West Main Street to allow installation of traffic signal poles in the right of way

34.             No. PW052907-10 – Approve the Standard Specifications for Public Works Construction as revised

35.             No. PW052907-11 – Authorize staff to seek engineering consultant proposals for Silver Street Area Utility Improvements Project No. SSW07-1656 / CIP #50418

36.             Authorize the submittal of a grant application to Federal Transit Administration for 2007 Operating and Capital assistance

37.             No. PW050107-19 – Approve, per staff’s recommendation, a request for Exception to allow Roll Curb with Curbside Sidewalk along Lane/Place and Subcollector Streets. (07EX026)

38.             No. PW052907-14 – Deny a request from CSU Properties, LLC to allow a structure within the public right-of-way

39.             No. 06EX072 - Approve a request by Boschee Engineering to allow an exception to the 40-unit rule for the Oliver Subdivision to allow 156 dwelling units in lieu of 155 dwelling units approved on June 19, 2006

40.             No. PW052907-13 – Authorize the Mayor and Finance Officer to sign an Agreement with Brosz Engineering, Inc. for Professional Engineering Services for the design and construction engineering services on the repair of the Meadowbrook Golf Course Bridge (Structure Number 52-387-313)

Legal & Finance Committee Consent Items

41.             Acknowledge report on funding recommendations from the Opportunity Capture Fund Oversight Board (Accurpress, C-lock). 

42.             Acknowledge report on trip to Boise concerning development and parking (Alderman Olson). 

43.             Request the City Attorney’s office to draft an ordinance amendment to add making telephone calls to all Council members to notify them of special council meetings where action will be taken. 

44.             Request the City Attorney’s office and other appropriate staff to enter into discussions with the land owner and soccer representatives regarding the site for the soccer complex and bring forward a recommendation to the City Council. 

45.             Approve moratorium on the rezoning of and development of property including fill located in the Flood Hazard Zoning District west of the Chapel Lane Bridge for 90 days to allow the reformation of the Floodplain Policy Task Force and to review the Rapid City Floodplain Development Policy. 

46.             No. LF053007-02 – Authorize staff to apply for BJA FY 07 Edward Byrne Memorial Justice Assistance Grant in the sum of $48,545. 

47.             No. LF053007-03 – Approve Event Permit for Rapid City Rally Task Force to place picnic tables in downtown district August 6-10, 2007. 

48.             No. LF053007-05 – Approve Event Permit for Rapid City Police Department Annual Cruiser Night to be held June 8, 2007. 

49.             No. LF053007-06 – Approve Event Permit for Rapid City YMCA to hold a Street Dance between 8th and 9th Street on August 3, 2007. 

50.             Approve an ambulance rate increase of 4.1% in accordance with the regional medical CPI figures (this was approved and recommended by the EMS Oversight Committee). 

51.             No. LF050307-07 – Authorize the Mayor and Finance Officer to sign State of South Dakota Fire Suppression Agreement for the City of Rapid City. 

52.             No. LF053007-08 – Authorize the Mayor and Finance Officer to sign Agreement between the City of Rapid City and 4D Enterprises LLC for the Completion of Improvements. 

53.             No. LF053007-09 – Authorize the Mayor and Finance Officer to sign the Allocation Award between the State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission Project Number SD-07-12 in the Amount of $5,000. 

54.             No. 07TI007Approve a request by Dream Design International, Inc. to consider an application for a Resolution Creating Tax Increment District No. 63 on Government Lot 3 and the SE1/4NW1/4 less Lot A and the unplatted portion of the NE1/4SW1/4 less the south 270 feet and less part of Copperfield Subdivision all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Government Lot 2 less Rushmore Business Park and the West 660 feet of Government Lot 1 less Rushmore Business Park and the north 1081.18 feet of the SW1/4NE1/4 less Rushmore Business Park and the west 660 feet of the north 1081.18 feet of the SE1/4NE1/4 less Rushmore Business Park, and E. Anamosa Street right-of-way, Concourse Drive right-of-way,  and Turbine Drive right-of-way all located within the area as described above and Homestead Street right-of-way located west of Concourse Drive, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Elk Vale Road and north of Copperfield Subdivision. 

55.             No. 07TI008Approve a request by Dream Design International, Inc. to consider an application for a Tax Increment District No. 63 Project Plan on Government Lot 3 and the SE1/4NW1/4 less Lot A and the unplatted portion of the NE1/4SW1/4 less the south 270 feet and less part of Copperfield Subdivision all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Government Lot 2 less Rushmore Business Park and the West 660 feet of Government Lot 1 less Rushmore Business Park and the north 1081.18 feet of the SW1/4NE1/4 less Rushmore Business Park and the west 660 feet of the north 1081.18 feet of the SE1/4NE1/4 less Rushmore Business Park, and E. Anamosa Street right-of-way, Concourse Drive right-of-way,  and Turbine Drive right-of-way all located within the area as described above and Homestead Street right-of-way located west of Concourse Drive, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Elk Vale Road and north of Copperfield Subdivision. 

56.             Acknowledge the following volunteer for workmen compensation purposes: Sue Colgan, Nicholas Fields, Sara Minnich, Alexis Newton, Dominique Quick Bear, Dylan Schieffer, Datelynd Sirles, Taylor Amiotte, Cerissa Baker, Tara Barkley, Andrew Burnison-Swales, Kelsey Chaloupka, Codi Cline, Michelle Everson, Brendan Johnson, Christopher Krsnak, Chelsey Martin, Thomas Odegaard, Nichole Olsen, Nicholas Pataski, Austyn Pfortmiller, Andrew Sabo, Brian Thompson, Brittney Bodenhamer, Bradley Cordes, Hannah Croyle, Kimberly Cummings, Brittani Ferguson, Tella Kinloch, Teresa Kjos, Melissa Lepel, Ashleigh Shaw, Shana Siers, Marlys Thesing, Kevin Wright, Zachary Bunker, Andrew Christenson, Alyssa Dugan, Samantha Fiegen, Jazmine Good Iron, Jonathan Horst, Philip Nelson, Kelly Roe, Kelli Salberg, Ashley Schweigert, Jessica VenOsdel, Justin Wilson, Teagle Yellow Horse, Jamila Bennett, ShanaLe Boss, Ronald Christopherson, JR, John Clarke, Adam Couture, Dakota Cummings, Tiffany Douglas, Timothy Flora, Nolan Gadd, Camille Griffith, Dylan Johnson, Taryn Rave, Krystina Robinson, Nicole Scheutzow, Elisa Schnell, Kaylora Buckwalter, Justin Busch, Danielle Calhoun, Catherine Davisson, Cody Ebright, Samantha Harper, Christopher Johnson-Harmon, Gina Munoz, Jonelle Platt, Joshua Reddell, Cody Volker. 

57.             No. LF053007-10 – Approve a Resolution Declaring Property Surplus. 

58.             No. LF053007-11 – Authorize the Mayor and Finance Officer to sign Plan Amendment No. 2 to the City’s Healthcare Plan. 

59.             No. LF053007-12 – Approve a Resolution to Establish a Reduced Recreation Rate Structure as an Incentive for Certain City Employees, Retirees, and Officials to Participate in Physical Fitness Activities. 

60.             No. LF053007-13 – Authorize the Mayor and Finance Officer to sign Contract for the Employee Assistance Program with Lutheran Social Services. 

61.             No. LF053007-20 – Acknowledge Capital Improvements Program Committee monthly update for May, 2007. 

62.             No. LF053007-21 – Approve the 2007 Capital Plan for Streets, Drainage and MIP Projects for May, 2007. 

63.             Approve an increase of the annual Capital Improvements Program (CIP) contribution to Fire Equipment from $150,000 to $200,000. 

64.             No. LF053007-22 – Approve the 2007 Sports Facility Partnership Fund Grant Applications. 

65.             No. LF053007-23 – Approve the Parks and Recreation Five Year Plan (2008-2012) as amended. 

66.             No. LF053007-24 – Authorize staff to apply for homeland security grant for two-way radios to be used in the event of emergency by the Public Works Department. 

67.             No. LF053007-14 – Approve Travel Request for Jerry Cole and Lon Van Deusen from the Department of Parks and Recreation to attend the 2007 NRPA Congress & Exposition in Indianapolis, IN, September 25-29, 2007, at an approximate cost of $4,432. 

68.             No. LF053007-15 – Approve Travel Request for Kane Messer to attend STAR (Serving the American Rinks) Conference - Basic Refrigeration School in Centennial, Colorado from August 13-16, 2007, at an approximate cost of $1,418. 

69.             No. LF053007-16 – Authorize the Mayor and Finance Officer to sign the Golf Course Food and Beverage Concession Agreement with Barbecsul, Inc. 

70.             No. LF053007-19 – Authorize the Mayor and Finance Officer to sign three copies of the HUD Funding Approval/Agreement for the Community Development Block Grant funds for FY 2007 and to complete the Request for Release of Funds and Certification to U.S. Department of Housing and Urban Development (HUD). 

71.             Approve the following licenses:  Residential Contractor:   James Bialota Jr., Bialota Carpentry & Homes; Phil Spizzirri, The Renovators; and Zach & Doug Gimpel, Great Plains Builders LLC; Trenching Contractor:  Ed Westcott, Westcott Construction; Central Station Service:   Silent Knight Security Group, Tom Palkert; Pawn Shop:  First Stop Gun & Coin, Mark L Blote. 

Growth Management Department Consent Items

72.             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.

73.             No. 07PL053 - A request by Renner & Associates, LLC for Stephen E. Hilton for a Layout Plat on Hilton Tract of Palmer Subdivision of Section 14, T2N, R6E, BHM, Pennington County, South Dakota, legally described as Tract A of Palmer Subdivision and the SW1/4 of the NW1/4 of Section 14, T2N, R6E, BHM, Pennington County, South Dakota, located east of Potter Road and north of Palmer Road.

74.             No. 07PL054 - A request by Cody Schad for a Layout Plat on Lots 1, 2, 3 and 4  of Quartz Canyon Subdivision, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Government Lot 1,  and  Lot A of Lot 2 of SW/14 NW/14, and Government Lot 2 less Lot A, all of Section 7, T1S, R7E, BHM, and Government Lot 6 of Section 6, T1S, R7E, BHM,  Pennington County, South Dakota, located near the Strato Bowl.

75.             No. 07PL061 - A request by Centerline, Inc. for Action Development, Inc. for a Layout Plat on Lots 1, 2 and 3 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, less Lot H1, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of E. North Street and the proposed E. Anamosa Street.

76.             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.

END OF CONSENT CALENDAR

Public Comment opened – Items 77 - 94

Public Comment closed

NON-CONSENT ITEMS – Items 77 - 94

ORDINANCES

77.             No. 07RZ014 – First Reading, Ordinance No. 5293, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by Rimrock Estates, LLC for Heavy Constructors, Inc. for a Rezoning from Flood Hazard District to Medium Density Residential District on Lot 1 of Knecht Park Subdivision, Sections 8 and 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Idlehurst Lane and Jackson Boulevard. 

78.             No. 07RZ040 - First Reading, Ordinance No. 5301, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on that portion of the dedicated right-of-way for South Valley Drive adjacent to the westerly boundary of Lot 1 of Lot D and Lot D to the SW corner of Section 4, located in the SW1/4  SW1/4, Section 4, All located in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast corner of the intersection of South Valley Drive and S. D. East Highway 44.

79.             No. 07RZ041 - First Reading, Ordinance No.5302, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on the eastern 33 feet of Section 5 beginning at the SE corner of Section 5 extending 450 feet northerly, located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on a portion of South Valley Drive south of S. D. Highway 44.

80.             No. 07RZ042 - First Reading, Ordinance No.5303, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot 1 of Mailloux Subdivision, located in the SE1/4 SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1030 Country Road.

81.             No. LF051607-11 –Second Reading, Ordinance No. 5292 to Amend the Service Call Charge on After-Hour Requests to Reconnect Water and to Delete the Shut Off Policy for New Accounts by Amending Certain Subsections of Section 13.04 of the Rapid City Municipal Code. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

82.             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.

LEGAL & FINANCE COMMITTEE ITEMS

83.             No. LF053007-01 - Travel Request for Tom Johnson, Malcom Chapman, Bob Hurlbut, Bill Okrepkie, & Lloyd LaCroix to Attend National League of Cities - Congress of Cities & Exposition Conference in New Orleans, LA, November 12-18, 2007, in an approximate amount of $16,783.00. 

84.             Approve Omaha Corridor Enhancement Project, Memorial Park South 2006 carry forward in the amount of $100,000 in the Parks and Recreation Five Year Plan

85.             No. LF053007-18 – Request from Community Education Centers to increase the number of occupants at the Community Alternatives of the Black Hills Facility from 80 to 88

PUBLIC WORKS COMMITTEE ITEMS

86.             No. PW052907-02 – Approve Elk Vale Road & Highway 44 Sanitary Sewer Crossing Upgrade Project in the amount of $500,000.00 from the .16 Utility Fund with repayment from Rapid Valley Sanitary District in the amount of $50,000.00 to be paid at time of contract approval and connection fees

87.             Approve Elk Vale Drive Lift Station Upgrade Project in the amount of $2,500,000 from the .16 Utility Fund with repayment from connection fees

88.             Direction to staff regarding Bunker Drive

BIDS

89.             No. CC052107-02Omaha Street Corridor Enhancement Project Phase 1 - South Memorial Park Project No. POENH (131) PCN H107 (opened May 15, 2007)

90.             No. CC060407-02 - Articulating Motor Grader for Street Division (opened May 29, 2007

91.             No. CC060407-02 - Hot Mixed Asphaltic Concrete for Various City Departments (opened May 29, 2007)

92.             No. CC060407-02 - Ready Mixed Concrete for Various city Departments (opened May 29, 2007)

93.             No. CC060407-02 - Limestone Gravel for Various City Departments (opened May 29, 2007)

MAYOR’S ITEMS

94.             2012 Report

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 95 - 264

Open Public Hearing (comment) -- Items 95 – 264

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 95 - 129

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

Continue the following items until June 18, 2007:

95.             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.

96.             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.

97.             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.

98.             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.

99.             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.

100.         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, Catron Crossing Subdivision 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.

101.         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.

102.         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.

103.         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.

104.         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.

105.         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.

106.         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.

107.         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.

108.         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.

109.         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.

110.         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.

111.         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.

112.         No. 07PL060 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Forefather Flats Subdivision, located in the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as that portion of the SW1/4 located north of Interstate 90, including Lot 3 of Starlite Subdivision, Less GLM Subdivision No. 2, all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Dyess Avenue and north of Interstate 90.

113.         No. 07PL062 - A request by Boschee Engineering for Scott and Janice Zandstra for a Preliminary Plat on Lot 1 of Block 1 of Paradise Pines Subdivision, located in the SW1/4 of the SE1/4, Section 7; and the NW1/4 of the NE1/4, Section 18, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 2E, less Right-of-way of the SW1/4 of the SE1/4, Section 7, T1S, R7E, BHM; and a portion of the NW1/4 of the NE1/4, Section 18, T1S, R7E, BHM, Pennington County, South Dakota, located southwest of the intersection of Wilderness Canyon Road and U.S. Highway 16.

114.         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. 

115.         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.

116.         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.

117.         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.

118.         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.

119.         No. 07SV020 - A request by Cody Schad for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, pavement, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2, 3  and 4 of Quartz Canyon Subdivision, Section  7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Government Lot 1,  and  Lot A of Lot 2 of SW/14 NW/14, and Government Lot 2 less Lot A, all of Section 7, T1S, R7E, BHM, and Government Lot 6 of Section 6, T1S, R7E, BHM,  Pennington County, South Dakota, located near the Strato Bowl.

120.         No. 07SV022 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Alan A. Neiger for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, and to reduce the pavement width from 26 feet to 21 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 Revised and Lot of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 5 (less Lot H1) and the balance of Block 5 of Highland Park Subdivision, located in the NE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Highland Park Drive and Mount Rushmore Road.

121.         No. 07SV024 - A request by Centerline, Inc. for Action Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit and to reduce the right-of-way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, less Lot H1, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of E. North Street and the proposed E. Anamosa Street.

122.         No. 07UR005 - An appeal of the Planning Commission's decision on a request by Unique Signs for Dwayne Pankratz for a Conditional Use Permit to allow an off-premise billboard sign in a General Commercial District on a portion of the unplatted balance lying between Lancer Drive and Elk Vale Road of the SE1/4, less Lot H1, Less Lots H3 and H4 of the W1/2 SE1/4 and less Lots H3, H4 and H5 of the E1/2 SE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1751 Elkvale Road.

123.         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.

124.         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.

125.         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 I-90 and west of East North Street.

126.         No. 07VR004 - A request by Richard E. Huffman for a Vacation of Right-of-Way adjacent to Lots 1 thru 32 of Block 5 of Simmons Addition, plus 1/2 vacated Elm Street, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 101 and 141 E. Omaha Street and 320 Maple Avenue.

Continue the following items until July 16, 2007:

127.         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.

128.         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.

Continue the following items until August 6, 2007:

129.         No. 07CA009 - A request by Rimrock Estates, LLC for Heavy Constructors, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Flood Hazard to Medium Density Residential with a Planned Residential Development on Lot 1 of Knecht Park Subdivision, Sections 8 and 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Idlehurst Lane and Jackson Boulevard.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 95 – 264

CONSENT PUBLIC HEARING ITEMS – Item 130 - 255

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

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

130.         Rapid City Area Chamber of Commerce for a special Beer and Wine License for an event scheduled July 10, 2007 at Black Hills Federal Credit Union, 2700 North Plaza Drive

131.         Restaurant Adventures, Inc. dba Adventures In Barbeque, 208 East North Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

2007 – 2008 RETAIL (ON-OFF SALE) MALT BEVERAGE WITH VIDEO LOTTERY

132.         Hotel Management Co. Inc dba Alex Johnson Hotel, 523 Sixth Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

158.         Wilburn Powers, Inc. dba Horseshoe Bar, 1407 1/2 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

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

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

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

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

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

165.         ZBT, Inc.  dba Joker’s Casino North, 608 1/2 East North Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

166.         Kelly’s Sports Lounge, Inc. dba Kelly’s Sport Lounge, 825 Jackson Blvd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

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

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

170.         Laural A. Hawkins dba The Marble Club, 2315 1/2 Mt. Rushmore Rd. for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

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

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

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

175.         Poker Joe’s, Inc. dba Poker Joe’s, 211 Cambell Street  for Retail (On-Off Sale) Malt Beverage License with Video Lottery

176.         WynGard Investment Partners  dba Pot-O-Gold Casino, 1300 Centre Street for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

178.         MG Oil Company dba Market Square Casino, 1624 E. St. Patrick for Retail (On-Off Sale) Malt Beverage License with Video Lottery 701

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

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

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

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

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

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

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

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

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

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

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

190.         Western Dakota Gaming, Inc. dba Valley Sports Casino, 1865 South Valley Drive for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

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

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

194.         I-90 Fuel Services, Inc. dba Windmill Truck Stop, 2783 Deadwood Avenue for Retail (On-Off Sale) Malt Beverage License with Video Lottery

2007 – 2008 RETAIL (ON-OFF SALE) MALT BEVERAGE NO VIDEO LOTTERY

195.         Black Hills Amateur Baseball  dba Amateur Baseball McKeague Field Avenue for Retail (On-Off Sale) Malt Beverage License

196.         Hog Wild, LLC dba Black Hills Harley Davidson, 3030 Lange Ranch Road Avenue for Retail (On-Off Sale) Malt Beverage License

197.         Central States Fair, Inc. dba Central States Fair, 800 San Francisco Street  Avenue for Retail (On-Off Sale) Malt Beverage License

198.         CEC Entertainment, Inc. dba Chuck E Cheese’s, 30 Knollwood Drive Avenue for Retail (On-Off Sale) Malt Beverage License

199.         Mae Jean Adams dba The Corn Exchange, 727 Main Street Avenue for Retail (On-Off Sale) Malt Beverage License

200.         Mary Jane or Oliver Feimark dba Embers Bar B Q, 5412 So. Hwy 16 Avenue for Retail (On-Off Sale) Malt Beverage License

201.         Ron Stevens   Sandy Thornburg  dba Executive Golf Course, 200 12th Street Avenue for Retail (On-Off Sale) Malt Beverage License

202.         GF Pizza, Inc. dba Godfathers Pizza, 110 Cambell Street Avenue for Retail (On-Off Sale) Malt Beverage License

203.         Dan T. Ly dba Golden Fortune, 1204 East North Street Avenue for Retail (On-Off Sale) Malt Beverage License

204.         Yeung, Inc. dba Great Wall Chinese Restaurant, 2421 West Main Avenue for Retail (On-Off Sale) Malt Beverage License

205.         Century Motels, Inc. dba Howard Johnson Express Inn, 950 North Street Avenue for Retail (On-Off Sale) Malt Beverage License

206.         Rhonda Berger dba Ichiban, 1109 W. Omaha St., Ste. A Avenue for Retail (On-Off Sale) Malt Beverage License

207.         Yeung, Inc. dba Imperial Chinese Restaurant, 702 East North Street Avenue for Retail (On-Off Sale) Malt Beverage License

208.         Museum Alliance of Rapid City dba The Journey Museum, 222 New York Street Avenue for Retail (On-Off Sale) Malt Beverage License

209.         Ron Stevens & Sandy Thornburg dba Meadowbrook Golf Course, 3625 Jackson Blvd. Avenue for Retail (On-Off Sale) Malt Beverage License

210.         Northcott Company dba Perkins Restaurant, 2305 Mt. Rushmore Road Avenue for Retail (On-Off Sale) Malt Beverage License

211.         Northcott Company dba Perkins Restaurant, 1715 N. LaCrosse Avenue for Retail (On-Off Sale) Malt Beverage License

212.         Picasso Barn Pizzeria, LLC dba Picasso Barn Pizzeria, 556 Kirkeyby Lane Avenue for Retail (On-Off Sale) Malt Beverage License

213.         Piece of Cake, LLC dba Piece of Cake, 901 Mt. Rushmore Road Avenue for Retail (On-Off Sale) Malt Beverage License

214.         Piesano’s Pacchi, Inc. dba Piesano’s, 3618 Canyon Lake Dr #121 Avenue for Retail (On-Off Sale) Malt Beverage License

215.         Dakota Fresh-Mex, LLC dba Qdoba, 741 Mt. View Road Avenue for Retail (On-Off Sale) Malt Beverage License

216.         Rapid City Softball Association dba Star of the West Complex, 1511 Sedivy Lane Avenue for Retail (On-Off Sale) Malt Beverage License

217.         Delmonico Grill dba Delmonico Grill, 609 Main Street Avenue for Retail (On-Off Sale) Malt Beverage License

218.         City of Rapid City dba Rushmore Plaza Civic Center, 444 N. Mt. Rushmore Road Avenue for Retail (On-Off Sale) Malt Beverage License

219.         Mai T. Goodsell dba Saigon Restaurant, 221 East North Street Avenue for Retail (On-Off Sale) Malt Beverage License

220.         Wine Cellar Restaurant, LLC dba Wine Cellar Restaurant, 513 6th Street Avenue for Retail (On-Off Sale) Malt Beverage License

221.         Chris Emme, Lee Ann Emme, Jenneye Sartorius dba S & E Investments, 3300 N. Deadwood Avenue Avenue for Retail (On-Off Sale) Malt Beverage License

222.         BH Food Services, Inc. dba Fuddruckers at Rushmore Mall, 2200 N. Maple Ave #330 Avenue for Retail (On-Off Sale) Malt Beverage License

223.         Atlantis LLC dba Watiki Indoor Water Park Resort / Fairfield Inn & Suites by Marriott, 1314 N. Elk Vale Road Avenue for Retail (On-Off Sale) Malt Beverage License

224.         Two Lefties' and Rancho's Mexican Grills LLC  dba Panchero's Mecian Grill, 1221 W. Omaha Avenue for Retail (On-Off Sale) Malt Beverage License

2007 – 2008 PACKAGE (OFF-SALE) MALT BEVERAGE

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

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

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

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

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

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

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

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

233.         B & L, Inc. dba Boyd’s Liquor Mart, 909 E. St. Patrick Street for Package (Off-Sale) Malt Beverage License

234.         B & L, Inc. dba Boyd’s Liquor Mart, 2001 West Main Street for Package (Off-Sale) Malt Beverage License

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

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

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

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

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

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

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

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

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

244.         Kusler’s Conoco, Inc. dba Kusler’s Conoco, 701 E. St. Patrick Street for Package (Off-Sale) Malt Beverage License

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

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

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

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

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

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

251.         Safeway Stores 46, Inc. dba Safeway No. 581, 2120 Mt. Rushmore Road for Package (Off-Sale) Malt Beverage License

252.         James Barry Stoick dba Stoicks, 2303 Jackson Boulevard for Package (Off-Sale) Malt Beverage License

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

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

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

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 256 - 264

256.         No. 07FV002 A request by Steve and Helen Duffy to consider an application for a Fence Height Exception to allow a six foot high fence within the required 25 foot front yard set back on Lots 20 and 22 of Block 13, West Boulevard, Section 20, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1622 West Boulevard; approve with stipulations No. 1 and No. 3 only

257.         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.

258.         No. 07RZ022 - Second Reading, Ordinance No. 5294, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Lot 4 of Block 16 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota less the following described property: beginning at the northwest corner of Section 29, thence S89º56'23"E, 2053.37 feet; thence S00º00'39"W, 77.05 feet to a point of curvature; thence southerly along the arc of said curve to the right whose radius is 374.00 feet and whose delta is 21º21'18", an arc length of 139.40 feet to a point on said curve; thence N68º38'03"W, 150.00 feet; thence S42º44'25"W, 163.28 feet; thence S88º50'49"W, 453.19 feet; thence S85º24'59"W, 183.42 feet; thence N74º24'46"W, 476.27 feet; thence N79º54'55"W, 162.92 feet; thence S79º09'58"W, 154.84 feet; thence S19º17'53"E, 150.00 feet to a point lying on a curve concave to the south and whose chord bears S69º10'39"W, 20.01 feet; thence westerly along the arc of said curve to the left whose radius is 376.00 feet and whose delta is 03º02'57", an arc length of 20.01 feet; thence N19º17'53"W, 150.15 feet; thence S65º34'24"W, 254.94 feet to a point lying on a curve concave to the south and whose chord bears N77º30'26"W, 120.54 feet; thence westerly along the arc of said curve to the left whose radius is 226.00 feet and whose delta is 30º56'04", an arc length of 122.02 feet; thence N00º18'22"W, 263.37 feet to the point of beginning, all located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Bethpage Drive between Prestick Road and Lundin Court.

259.         No. 07RZ023 - Second Reading, Ordinance No. 5295, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Lot 8 of Block 15 and Outlot G-1 of Red Rock Estates; and the balance of Tract 1 less Red Rock Estates and less right of way; and well lot and the balance of Picardi Ranch Road of the Red Ridge Ranch; and the W1/2 NW1/4 NE1/4 less Red Ridge Ranch and less Red Rock Estates and less right-of-way; and the E1/2 NW1/4 NE1/4 less Red Ridge Ranch and less right-of-way; and the SW1/4 NE1/4 less Red Ridge Ranch less Red Rock Estates less Red Rock Estates Phase 1A and less right-of-way; and the E1/2 NW1/4 less Red Rock Estates and less right-of-way; and the E1/2 NE1/4 less Red Rock Meadows Subdivision, less Red Rock Estates, less Lot H1 and less right-of-way; all located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Muirfield Drive and Potrush Road between Prestwick Road and Kennemer Drive.

260.         No. 07RZ024 - Second Reading, Ordinance No. 5296, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Outlot G less Lots 20 and 21 of Block 2 and less Lots 4 and 5 of Block 4 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Muirfield Drive and east of Prestwick Road.

261.         No. 07RZ025 - Second Reading, Ordinance No. 5297, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Lot 2 of Block 24 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located between Dunsmore Road and Kennemer Drive and south of Donegal Way and north of Portrush Road.

262.         No. 07RZ026 - Second Reading, Ordinance No. 5298, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Outlot 1 of Red Rock Estates and Outlot A of Tract A of Countryside Subdivision all located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Portrush Road and Muirfield Drive.

263.         No. 07RZ027 - Second Reading, Ordinance No. 5299, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from Low Density Residential District to General Agriculture District on Lot 6 of Block 9 of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Bethpage Drive and Prestwick Road.

264.         No. 07RZ039 - Second Reading, Ordinance No. 5300, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning The Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the E1/2 of the SE1/4 SE1/4 and Easterly 33' of E1/2 of NE1/4 SE1/4 all located in Section 21, T2N, R8E, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Seger Drive and North Elk Vale Road.

BILLS

265.         No. CC060407-01 Bill List for June 4, 2007

EXECUTIVE SESSION

ADJOURN