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

November 19 , 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 for November 5, 2007 and correct the minutes of September 4, 2007 to reflect the correct project number for Memorial Park and Farlow Avenue Water Main Reconstruction Project No. W07-1631 (PW082807-06)

AWARDS AND RECOGNITIONS

1.                  Veteran for the Months of November, 2007

2.                  Employee Recognitions and Awards for November, 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 - 172

Public Comment opened – Items 3 - 151

Public Comment closed

CONSENT ITEMS – Items 3 - 151

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

Vacations of Right-Of-Way Set for Hearing (December 17, 2007)

3.                  No. 07VR012 - A request by Centerline, Inc. for PLM Land Development, LLC for a Vacation of Section Line Right-of-Way on the unplatted balance of the SE1/4 SW1/4, Section 13, T1N, R7E, and the NE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Enchantment Road and North of Enchanted Pines Drive.

Alcoholic Beverage License Applications Set for Hearing (December 3, 2007)

Retail (On-Sale) Liquor License Renewal for 2008

4.                  City of Rapid City DBA Airport Restaurant & Lounge, 4550 Terminal Rd Ste 206 for a Retail (On-Sale) Liquor License and Sunday Opening

5.                  Hotel Management Company, Inc. DBA Alex Johnson Hotel, 523 Sixth Street for a Retail (On-Sale) Liquor License and Sunday Opening

6.                  American Legion Home Association DBA American Legion, 818 E. St. Patrick for a Retail (On-Sale) Liquor License and Sunday Opening

7.                  Porter Apple Company, Inc. DBA Applebee’s Neighborhood Grill & Bar, 2160 Haines Avenue for a Retail (On-Sale) Liquor License and Sunday Opening

8.                  Arrowhead Country Club DBA Arrowhead Country Club, 3675 Sheridan Lake Road for a Retail (On-Sale) Liquor License and Sunday Opening

9.                  Blue Lantern Lounge, Inc. DBA Blue Lantern Lounge, 1200 E. St. Patrick Street for a Retail (On-Sale) Liquor License and Sunday Opening

10.             RC Boston Company, LLC DBA Boston’s Restaurant & Sports Bar, 620 E. Disk Drive for a Retail (On-Sale) Liquor License and Sunday Opening

11.             Karen J. Schumacher DBA Brass Rail, 624 St. Joe Street for a Retail (On-Sale) Liquor License and Sunday Opening

12.             Harbry Enterprises, Inc. DBA Buck ‘N Gator Lounge, 4095 Sturgis Road for a Retail (On-Sale) Liquor License and Sunday Opening

13.             Derby Advertising, Inc. DBA Canyon Lake Chophouse, 2720 Chapel Lane for a Retail (On-Sale) Liquor License and Sunday Opening

14.             Century Motels, Inc. DBA Howard Johnson, 950 North Street for a Retail (On-Sale) Liquor License (NO SUNDAY SALE)

15.             The Retired Enlisted Association DBA Chapter #29, 1981 Centre Street for a Retail (On-Sale) Liquor License and Sunday Opening

16.             Retsel Corporation DBA Cheers/Ramada Inn, 1721 LaCrosse Street for a Retail (On-Sale) Liquor License and Sunday Opening

17.             Brinker Restaurant Corporation DBA Chili’s Grill & Bar, 2125 N. Haines Avenue for a Retail (On-Sale) Liquor License and Sunday Opening

18.             M G Oil Company DBA Clock Tower Lounge, 2525 West Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

19.             Colonial House, Inc. DBA Colonial House, 2501 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

20.             Martom Management, Inc. DBA Days Inn Lounge, 725 Jackson Boulevard for a Retail (On-Sale) Liquor License and Sunday Opening

21.             Dealer Exchange, Inc. DBA Diamond Dave’s, Rushmore Mall, 2200 N. Maple for a Retail (On-Sale) Liquor License and Sunday Opening

22.             Rapid City Elks Club DBA Elks Lodge #1187, 3333 E. 39th Street for a Retail (On-Sale) Liquor License and Sunday Opening

23.             Michael O. Wieseler DBA Horseshoe Bar, 1407 ½ E. North Street for a Retail (On-Sale) Liquor License and Sunday Opening

24.             Kurylas, Inc. DBA Imperial Inn, 100 St. Joseph Street for a Retail (On-Sale) Liquor License and Sunday Opening

25.             Fresch, Inc. DBA Joe’s Place, 4302 S. Highway 79 for a Retail (On-Sale) Liquor License and Sunday Opening

26.             Kelly’s Sports Lounge II, Inc. DBA Kelly’s Sports Lounge, 318 – 320 East Boulevard for a Retail (On-Sale) Liquor License and Sunday Opening

27.             Kelly’s Sports Lounge, Inc. DBA Kelly’s Sports Lounge, 825 Jackson Boulevard for a Retail (On-Sale) Liquor License and Sunday Opening

28.             Hungry's Restaurants, Inc. DBA Marlin’s Roadhouse Grill, 2803 Deadwood Avenue for a Retail (On-Sale) Liquor License and Sunday Opening

29.             Meadowood Lounge, Inc. DBA Meadowood Lounge, 3809 Sturgis Road for a Retail (On-Sale) Liquor License and Sunday Opening

30.             WR Rapid City Ventures, LP DBA Minerva’s Restaurant & Bar, 2211 N. LaCrosse Street for a Retail (On-Sale) Liquor License and Sunday Opening

31.             Loyal Order of Moose DBA Moose, 841 St. Patrick Street for a Retail (On-Sale) Liquor License and Sunday Opening

32.             George Motor & Supply Company DBA Murphy’s Bar, 510 Ninth Street for a Retail (On-Sale) Liquor License and Sunday Opening

33.             Oasis Lounge, Inc. DBA Oasis Lounge, 711 Main Street for a Retail (On-Sale) Liquor License (NO SUNDAY SALE)

34.             GMRI, Inc. DBA Olive Garden Italian Restaurant, 160 Disk Drive for a Retail (On-Sale) Liquor License and Sunday Opening

35.             Outback Midwest II, LP DBA Outback Steakhouse, 665 E. Disk Drive for a Retail (On-Sale) Liquor License and Sunday Opening

36.             Beshara Enterprises, Inc. DBA Pirate’s Table, 3550 Sturgis Road for a Retail (On-Sale) Liquor License and Sunday Opening

37.             Viper, LLC DBA Quality Inn, 1902 LaCrosse Street for a Retail (On-Sale) Liquor License and Sunday Opening

38.             Shiba Investments, Inc. DBA Radisson, 445 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

39.             Fraternal Order of Eagles DBA Rapid City Aerie #3555, 410 Centre Street for a Retail (On-Sale) Liquor License and Sunday Opening

40.             GMRI, Inc. DBA Red Lobster Restaurant, 120 Disk Drive for a Retail (On-Sale) Liquor License and Sunday Opening

41.             Red Rock Golf Club, LLC DBA Red Rock Golf Club, 6520 Birkdale Drive for a Retail (On-Sale) Liquor License and Sunday Opening

42.             Entertainment, Inc. DBA Robbinsdale Lounge, 803 E. St. Patrick Street for a Retail (On-Sale) Liquor License and Sunday Opening

43.             Fox Family Enterprises, Inc. DBA Rodeway Inn, 2208 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

44.             Rushmore Cuisine, Inc. DBA Ruby Tuesday, 2709 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

45.             Steven C. Lester LLC DBA Rushmore Plaza Holiday Inn, 505 N. Fifth Street for a Retail (On-Sale) Liquor License and Sunday Opening

46.             Sanford’s Grub & Pub SD, Inc. DBA Sanford’s Grub & Pub, 306 Seventh Street for a Retail (On-Sale) Liquor License and Sunday Opening

47.             Shooters, Inc. DBA Shooters, 2424 West Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

48.             J., Inc. DBA Shotgun Willie’s, 2808 West Main for a Retail (On-Sale) Liquor License and Sunday Opening

49.             Sioux Restaurants, LLC DBA TGI Fridays, 2205 N. LaCrosse Street for a Retail (On-Sale) Liquor License and Sunday Opening

50.             Porter Apple Company, Inc. DBA Applebee’s Neighborhood Grill & Bar, 2160 Haines Avenue for a Retail (On-Sale) Liquor License (IN-ACTIVE)

51.             LaCroix Investments, Inc. DBA Time Out Lounge, 615 E. North Street for a Retail (On-Sale) Liquor License and Sunday Opening

52.             Western Dakota Gaming, Inc. DBA Valley Sports Bar, 1865 S. Valley Drive for a Retail (On-Sale) Liquor License and Sunday Opening

53.             Dublin Square, Inc. DBA Dublin Square, 504 Mt. Rushmore Road for a Retail (On-Sale) Liquor License and Sunday Opening

54.             Cowboy Casino, Inc. DBA Woody’s, 826 Main Street for a Retail (On-Sale) Liquor License and Sunday Opening

Retail (On-Sale) Wine License Renewal for 2008

55.             Faryat, Inc. DBA Botticelli Ristorante, 523 Main Street for a Retail (On-Sale) Wine License

56.             Robert W. Johnson DBA Canyon Lake Pub & Casino, 4116 Jackson Boulevard for a Retail (On-Sale) Wine License

57.             Mae Jean Adams DBA The Corn Exchange, 727 Main Street for a Retail (On-Sale) Wine License

58.             S&Y, Inc. DBA The Golden Phoenix, 2421 West Main Street for a Retail (On-Sale) Wine License

59.             Yeung, Inc. DBA Great Wall Chinese Restaurant, 315 E. North Street for a Retail (On-Sale) Wine License

60.             Century Motels, Inc. DBA Howard Johnson Express Inn & Suites, 950 North Street for a Retail (On-Sale) Wine License

61.             Northstar, Inc. DBA Hunan Chinese Restaurant, 1720 Mt. Rushmore Road for a Retail (On-Sale) Wine License

62.             Rhonda Berger DBA Ichiban, 1109 Omaha St., Ste. A for a Retail (On-Sale) Wine License

63.             Yeung, Inc. DBA Imperial Chinese Restaurant, 702 E. North Street for a Retail (On-Sale) Wine License

64.             Museum Alliance of Rapid City, Inc. DBA The Journey Museum, 222 New York Street for a Retail (On-Sale) Wine License

65.             Khoury’s Mediterranean Cuisine, Inc. DBA Khoury’s Mediterranean Cuisine, 2520 West Main Street for a Retail (On-Sale) Wine License

66.             Los Espinos LLC DBA LaCosta Mexican Restaurant, 603 Omaha Street for a Retail (On-Sale) Wine License

67.             Barbecsul, Inc. DBA Sandtrap Grill & Bar, 3625 Jackson Boulevard for a Retail (On-Sale) Wine License

68.             WR Rapid City Ventures, LP DBA Oakleaf Beer Garden, 2213 LaCrosse Street for a Retail (On-Sale) Wine License

69.             Piece of Cake, LLC DBA Piece of Cake, 901 Mt. Rushmore Road for a Retail (On-Sale) Wine License

70.             Piesano’s Pacchia, Inc. DBA Piesano’s Pacchia, 3618 Canyon Lake Dr. #33 for a Retail (On-Sale) Wine License

71.             Mai T. Goodsell DBA Saigon Restaurant, 221 E. North Street for a Retail (On-Sale) Wine License

72.             Wine Cellar Restaurant, LLC DBA Wine Cellar Restaurant, 513 Sixth Street for a Retail (On-Sale) Wine License

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

Package (Off-Sale) Liquor License Renewal for 2008

74.             Albertsons, Inc. DBA Albertsons Food Center #845, 855 Omaha Street for a Package (Off-Sale) Liquor License

75.             Nauman Flying Service, Inc. DBA Autumn Hills Plaza Liquor, 5312 Sheridan Lake Rd., #103 for a Package (Off-Sale) Liquor License

76.             B & L, Inc. DBA Boyd’s Liquor Mart, 909 E. St. Patrick Street for a Package (Off-Sale) Liquor License

77.             Mills Drug, Inc. DBA Boyd’s Liquor Mart, 1424 Mt. Rushmore Road for a Package (Off-Sale) Liquor License

78.             B & L, Inc. DBA Boyd’s Liquor Mart, 2001 W. Main Street, No. 202 for a Package (Off-Sale) Liquor License

79.             LaCroix Investments, Inc. DBA Bus’s Bottle Shop, 615 E. North Street for a Package (Off-Sale) Liquor License

80.             Derby Advertising, Inc. DBA Canyon Lake Chop House, 2720 Chapel Lane  for a Package (Off-Sale) Liquor License

81.             Canyon Lake Liquors, Ltd. DBA Canyon Lake Liquors, 4244 Canyon Lake Drive for a Package (Off-Sale) Liquor License

82.             Sully Enterprises, LLC DBA Common Cents, 2808 Sheridan Lake Road for a Package (Off-Sale) Liquor License

83.             Sully Enterprises, LLC DBA Common Cents, 634 E. North Street for a Package (Off-Sale) Liquor License

84.             Kraft Farms, Inc. DBA Corner Pantry-LaCrosse St., 2130 LaCrosse Street for a Package (Off-Sale) Liquor License

85.             Nash Finch Company DBA Family Thrift Center #265, 751 Mountain View Road for a Package (Off-Sale) Liquor License

86.             Rapid City Liquor, Inc. DBA Family Thrift Liquors #273, 1516 E. St. Patrick Street for a Package (Off-Sale) Liquor License

87.             Rapid City Liquor, Inc. DBA FTC Express #657, 3460 Sturgis Road for a Package (Off-Sale) Liquor License

88.             Yellow Robe Enterprises, LLC DBA Dacotah Liquors, 418 Knollwood Drive for a Package (Off-Sale) Liquor License

89.             M & B Investments, Inc. DBA Hideaway Casino, 1575 N. LaCrosse Street, Ste. D for a Package (Off-Sale) Liquor License

90.             Hotel Management Co., Inc. DBA Hotel Alex Johnson, 523 Sixth Street for a Package (Off-Sale) Liquor License

91.             Wal-East Development, Inc. DBA Jackpot Casino Too, 1415 N. LaCrosse, Ste. 3 for a Package (Off-Sale) Liquor License

92.             Piece of Cake, LLC DBA Piece of Cake, 901 Mt. Rushmore Road for a Package (Off-Sale) Liquor License

93.             Rapid City Liquor, Inc. DBA Prairie Bottle Market #46, 13 New York Street for a Package (Off-Sale) Liquor License

94.             Retsel Corp. DBA Ramada Inn Package Store, 1721 N. LaCrosse Street for a Package (Off-Sale) Liquor License

95.             Safeway Stores 46, Inc. DBA Safeway Store #1554, 730 Mt. View Road for a Package (Off-Sale) Liquor License

96.             Safeway Stores 46, Inc. DBA Safeway Store #581, 2120 Mt. Rushmore Road for a Package (Off-Sale) Liquor License

97.             Sam’s West, Inc. DBA Sam’s Club #6565, 1020 LaCrosse Street for a Package (Off-Sale) Liquor License

98.             Timothy E. Smith & Steve Smith DBA Smith’s Liquor Gallery, 2218 Jackson Blvd., Ste. 1 for a Package (Off-Sale) Liquor License

99.             Sooper Dooper Markets, Inc. DBA Sooper Dooper #1, 913 E. St. Patrick for a Package (Off-Sale) Liquor License

100.         Carol Enterprises, Inc. DBA Valley Liquor, 747 Timmons Blvd. for a Package (Off-Sale) Liquor License

101.         Lily Corp DBA Flowers by LeRoy, 2016 West Main Street for a Package (Off-Sale) Liquor License

102.         Faryat, Inc. DBA Botticelli Ristorante, 523 Main Street for a Package (Off-Sale) Liquor License

103.         Steven C. Lester DBA Rushmore Plaza Holiday Inn, 505 N. 5th Street for a Package (Off-Sale) Liquor License

Transfer

104.         M G Oil DBA Corner Pantry – LaCrosse Street, 2130 LaCrosse Street for a Package (Off-Sale) Liquor License TRANSFER from Kraft Farms, Inc. DBA Corner Pantry-LaCrosse St., 2130 LaCrosse Street

105.         CHAS, Inc. DBA Jackpot West II, 2144 Jackson Boulevard, Ste. 4 for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from ZBT, Inc. DBA Joker’s Casino North, 608 1/2 East North Street

Public Works Committee Consent Items

106.         No. PW111307-01 – Approve Change Order No. 2F for Haines Avenue PCC Panel Repair Project No. STCM07-1626 / CIP No. 50445 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $2,767.50

107.         No. PW111307-02 – Approve Change Order #1F for 2007 Neighborhood Street Rehabilitation Project No. ST07-1652 / CIP No. 50636 to J & J Asphalt Company for a decrease of $13,653.80

108.         No. PW111307-03 – Approve Change Order No. 1F for City Library Sidewalk Repair 2007 Project No. ST07-1666 / CIP No. 50689 to R.C.S. Construction, Inc. for an increase of $87.43

109.         No. PW111307-04 – Approve Change Order No. 3F for Wonderland Drive Street and Drainage Improvements Project No. ST06-1610 / CIP No. 50155 to Simon Contractors of SD, Inc. for a decrease of $42,394.96

110.         No. PW111307-05 – Approve Change Order No. 2F for Evergreen Drive Water Main Reconstruction Project No. W07-1645 / CIP No. 50678 to Mainline Contracting, Inc. for an increase of $4,570.90

111.         No. PW111307-06 – Authorize staff to advertise for bids for East Mall Drive Connection; North LaCrosse Street to East North Street Project No. ST06-1334b / CIP #50521

112.         No. PW111307-07 – Authorize staff to advertise for bids for Four (4) paratransit vehicles

113.         No. PW111307-10 – Authorize the Mayor and Finance Officer to sign an agreement Between the City of Rapid City, Selador Ranches, Inc. and Heavy Constructors, Inc. for resolution of slash pile chipping as a project component for the Red Rock Reservoir project

114.         No. PW111307-11 – Approve a Resolution Fixing Time and Place for Hearing on the Assessment Roll for Hall Street Sanitary Sewer Extension Project No. SS06-1482 for December 17, 2007

115.         No. PW111307-12 – Authorize staff to seek proposals for design of Leachate Removal at the Rapid City Landfill

116.         No. PW111307-13 – Authorize the purchase of One (1) 1/2 ton 4x4 regular cab, long box, pickup from McKie Ford for an amount of $17,585.00; matching State Bid Contract #15269, Item #40 for Solid Waste Division

117.         No. PW111307-14 – Authorize the purchase of One (1) current year 1/2 ton 4x4 pickup for an amount of $18,690 and one (1) 1/2 ton 2x4 pickup for an amount of $13,538.00 from McKie Ford to match State Bid Contract #15269, Item #40 for Water Division

118.         No. PW103007-23 - Confirm the City’s current Sewer Backup Claim Policy

119.         No. PW111307-17 – Approve a request from Walgar Development Corporation for authorization to prepare an H-Lot located in the S1/2 NW1/4 SE1/4 of Section 13, (formerly a portion of the SW1/4 NW1/4 SE1/4 of Section 13 and a portion of the SE1/4 NW1/4 SE1/4 of Section 13) all located in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota on behalf of the City of Rapid City and authorize acceptance of deeds

120.         No. PW111307-18 – Approve a request from Lazy P-6 Land Company, Inc. for authorization to prepare an H-Lot located in the NW1/4 NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota on behalf of the City of Rapid City and authorize acceptance of deeds

121.         No. 07RD005 - Approve a request by Jared Tordsen for Land and Marine Development, Inc. to consider an application for a Resolution for a Road Name Change from Abbey Road to Lennon Lane on Lots 1 thru 7, 22, 31 and 32, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Bunker Drive along Abbey Road, with the stipulation that the applicant pay for the materials and installation of new street signs

122.         No. 07VE036 - Approve a request by Sperlich Consulting, Inc. for Aaron Klapkin to consider an application for a Vacation of a portion of a Major Drainage Easement on Lot A of Lot 27 of Block 1 of Elks Country Estates, located in the E1/2, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3911 Jolly Lane

123.         No. PW111307-15 – Authorize staff to advertise for bids for PR07-1680 Roosevelt Park Improvements Project, Phase 3

124.         No. PW111307-16 – Authorize the purchase of One (1) 2008 Dodge Durango off State Contract #15272 Item #14 from Wegner Auto for an amount of $25,535.00 including delivery for the Parks & Recreation Department

Legal & Finance Committee Consent Items

125.         Approve the request from Sue McCormick for Placement of City Owned Bleachers and Cost of Insurance for the Festival of Lights Parade in the approximate amount of $1600 to be at the City’s expense with said funds coming out of the Council Contingency

126.         No. LF111307-01 – Confirm the appointment of Stephanie Big Crow to the Rapid City Library Board

127.         No. LF111307-02 – Confirm the appointment of Dwight Petersen to the Annexation Subcommittee

128.         No. LF111307-04 – Approve Event Permit for Rapid City Downtown Association Festival of Presidents Weekend June 28, 2008

129.         No. LF111307-05 – Approve purchase of a 2008 Chevrolet Suburban from Rapid Chevrolet under State Contract No. 15270 in the amount of $32,348

130.         No. LF111307-06 – Approve purchase of a 2008 Chevrolet Impala from Beck Motors, Pierre, SD, under State Contract No. 15274 in the amount of $15,614

131.         No. LF111307-07 – Approve Travel Request for Keith L’Esperance to attend 2008 National Public Risk Management Association Annual Conference in Anaheim, CA, June 1-4, 2008, in the approximate amount of $2,095

132.         No. LF111307-08 – Approve Resolution Writing Off Uncollectible Accounts Receivable Accounts

133.         No. LF111307-09 - Approve Resolution to Establish Additional Staffing for the Street Division of the Public Works Department

134.         No. LF111307-10 – Approve Travel Request for Cathy Druckrey to attend NPELRA Conference in Clear Water Beach, Florida, April 12-18, 2008, in the approximate amount of $2,175

135.         No. LF111307-11 – Approve Memorandum of Understanding with AFSCME Relating to Solid Waste/MRF Division Second Personal Holiday

136.         No. LF111307-12 – Approve Resolution to Amend the Salary Schedule for the Non-Union Position of Recreation Specialist

137.         No. LF111307-13 – Approve Resolution to Amend the Salary Schedule for the Non-Union Position of Recreation Division Manager

138.         No. LF111307-14 – Authorize Mayor and Finance Officer to sign Maintenance Agreement with Best Business Products for the copy machine in the Code Enforcement Office

139.         No. LF111307-15 – Approve Subsidy Committee recommendations for FY 2008 Annual Action Plan CDBG Grant Allocations

140.         No. LF111307-16 – Approve Subsidy Committee recommendation to amend FY 2007 Annual Action Plan to reallocate Micro-Enterprise Funds

141.         Approve Travel Request for Assessment Center (if necessary) in the approximate amount of $3,350

142.         No. LF111307-17 – Approve Travel Request for James Walraven and Matt Brandhagen to attend the Golf Course Superintendents Association Education Conference & Show in Orlando, FL from January 28, 2008 through February 2, 2008, in the approximate amount of $2,979.76

143.         No. LF111307-18 – Authorize the Rapid City Department of Parks and Recreation to apply for a Qwest Foundation Grant in the amount of $50,000 to be used for design and construction of a playground in Vickie Powers Park

144.         No. LF111307-19 – Acknowledge report on 2007 Ice Arena summer program

145.         No. LF111307-25 - Acknowledge report on Game, Fish & Parks Deer Survey and to authorize 300 deer license applications

146.         Approve the following licenses:  Metals and Gems:   Midwest Jewelry, Doug R Beam; Silver Mountain Coins, Jack Meyer; Pawn Shop:   First National Pawn, Inc (115 E North Street), Barbara D Forbes; First National Pawn, Inc (935 E North Street), Barbara D Forbes; Pawn With Us, Robert M Tschetter; Second Hand:   Ernie November’s Inc, Steven Merry; Haggerty’s Inc, Thomas J Haggerty; Security Business:  Ace Security, Inc, Jack A Werner; DECO Security Services, Inc, Keith L. Emerson; Residential Contractor:  Kaileen Kawanesicayuga, Green Homes; Stephanie & Curtis Strong, Baseco Strong Water Solutions Inc.; Jason Boyd, Echo Builders; House Mover:  Geoff Hooper, Dakota Hills Housemoving; Mechanical Apprentice:  Kyle Andrzejczak; Mechanical Contractor:  Scott Latuseck, Central-Air Inc.; Mechanical Installer:  Jeremy Bollinger and Tylor Bedford; Electrical Journeyman:  Mike Peterson, Scott Johnson, Tony Beshara, Jay Bauer, George Freeman, and John Smith; Mobile Home Court:  Red Willow Mobile Home Court, Rand & Gayla Williams; Sewer and Water Journeyman:  Jason Schuelke

Growth Management Department Consent Items

147.         No. 07PL132 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 8, 9, 17, 22 and 23 of Marlin Industrial Park, located in the unplatted portion of the  NW1/4 NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4 NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast, southeast and southwest of the intersection of Creek Drive and Marlin Drive.

148.         No. 07PL133 - A request by Fisk Land Surveying and Consulting Engineers, Inc. for the City of Rapid City for a Preliminary Plat on Lot 1 of Wally Byam Addition and Dedicated Right-of-way, located in the S1/2 SW1/4 NE1/4, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the S1/2 SW1/4 NE1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the south one-quarter corner of said Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; thence, northerly along the center one-quarter line of said Section 9, N00º06’45”E, a distance of 3312.73 feet more or less to the south 1/64th line of the NE1/4 of said Section 9; thence, easterly along the north line of the S1/2 SW1/4 NE1/4, Section 9, S89º58’14”E, a distance of 279.27 feet more or less to the point of beginning: thence, continuing easterly along the north line of the S1/2 SW1/4 NE1/4, Section 9, S89º58’14”E, a distance of 670.67 feet more or less, to a point on the southerly line of the adjoining railroad right-of-way; thence, southeasterly along the southerly line of said railroad right-of-way, S51º15’21”Et, a distance of 38.60 feet more or less; thence, S38º45’09”W, a distance of 17.16 feet more or less; thence, curving to the right on a normal curve with a radius of 227.45 feet, a delta of 29º07’46”, and an arc length of 115.64 feet more or less; thence, S67º52’55”W, a distance of 126.32 feet, more or less; thence, curving to the left on a normal curve with a radius of 170.00 feet, a delta of 42º06’45”, and an arc length of 124.95 feet more or less; thence, S25º46’10”W, a distance of 32.55 feet more or less; thence, N64º13’50”W, a distance of 60.00 feet more or less; thence, N53º24’13”W, a distance of 403.56 feet more or less to the point of beginning, located along S. D. Highway 44 West and Lytle Lane.

149.         No. 07PL142 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Mark and Jana Koupal for a Preliminary Plat on Plat of Lots 1 and 2 of Koupal Estates Subdivision, located in the SW1/4 SW1/4 and the S1/2 S1/2 NW1/4 SW1/4, Section 14, T1S, R7E, BHM, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 and the S1/2 S1/2 NW1/4 SW1/4, Section 14, T1S, R7E, BHM, Pennington County, South Dakota, located at 32774 Wallace Street.

150.         No. 07VE029 - A request by Sperlich Consulting, Inc. for Dean Kelly Construction for a Vacation of Access Easement on Lot 8R of Flannery Subdivision No. 2, located in the NW1/4 of the NE1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4944 Ireland Place.

151.         No. 07VE038 - A request by Dream Design International, Inc. for a Vacation of Non-Access Easement on Tract J of Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Degeest Street between Berniece Street and Homestead Street.

END OF CONSENT CALENDAR

Public Comment opened – Items 152 - 172

Public Comment closed

NON-CONSENT ITEMS – Items 152 - 172

ORDINANCES

152.         No. LF103107-15 – First Reading, Ordinance No. 5345 Regarding Supplemental Appropriation No. 4 for 2007

153.         No. 07OA008 - Second Reading, Ordinance No. 5335 to Refer to Planned Industrial Development (PID) Rather than Planned Light Industrial Development (PLID), to Address the Uses Permitted in the Planned Industrial Development, the Landscaping Requirements, Setback and Lot Coverage Requirements by Amending Section 17.50.105 of the Rapid City Municipal Code

154.         No. 07OA008Second Reading, Ordinance No. 5336 Adding Planned Industrial Developments as a Conditional Use by Amending Section 17.24.030 of the Rapid City Municipal Code

155.         No. LF103107-18 - Second Reading, Ordinance No. 5346 Amending Section 8.08.070 and Section 8.08.240 of Chapter 8.08 of the Rapid City Municipal Code Relating to Rates Charged for Collection of Refuse

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

156.         No. LF103107-01 – Appeal of Revocation of Rapid Construction’s Sewer and Water Contractor’s License

157.         No. LF111307-01 - Confirm the appointment of Jim Olson to the Rapid City Library Board

158.         No. LF111307-21 – Approve Resolution Establishing Maximum Salaries for Certain City Officers

159.         No. LF111307-20 – Authorize Mayor and Finance Officer to sign Assignment Agreement between the City of Rapid City, Bankwest, and Copperfield Vistas, LLLP

160.         No. LF111307-23 – Authorize Mayor and Finance Officer to sign Ground Lease Estoppel Certificate and Agreement between the City of Rapid City and Steven C. Lester, LLC

161.         No. LF111307-24 – Authorize Mayor and Finance Officer to sign Second Amendment to Ground Lease Agreement between City of Rapid City and Steven C. Lester, LLC

PUBLIC WORKS COMMITTEE ITEMS

162.         Franklin Street and St. Cloud Street sanitary sewer

163.         No. PW111307-08 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Stanley Consultants for preliminary design of the Source Water Protection Project No. W07-1684 / CIP #50672 for an amount not to exceed $192,350.00

164.         No. PW111307-09 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Stanley Consultants for preliminary design of Phase I of the Skyline Drive Restoration Project No. ST07-1683 / CIP #50153 for an amount not to exceed $47,750.00

165.         No. PW071007-18Canyon Lake Sidewalk Installation

166.         No. PW103007-21 – Adopt the City of Rapid City Snow and Ice Control Policy

167.         No. 07EX115 - A request by Dream Design International to consider an exception to Allow 59 Lots in Lieu of 40 to Access the Proposed (Realigned) Sammis Trail on Portions of SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota (File No. 07PL134)

BIDS

168.         No. CC111907-02 - One (1) New Tractor for Parks Division (opened November 8, 2007)

169.         No. CC111907-02 - One (2) New Front End Loader for Solid Waste Division (opened November 13, 200&

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

170.         Update on city/county library contract, Alderman Kooiker

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

APPEALS

DARB

License application appeals

Sign Code Appeals

171.         No. CC110507-03 – Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Cabela’s Retail, Inc. for wall signs, joint identification sign, and ground monument sign on Lot 3, Forefather Flats Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3231 East Mall Drive

172.         No. CC110507-04 - Notice of Appeal from the Requirements of the Rapid City Sign Ordinance, Chapter 15.28 by Rapid Center, LLC for joint identification sign on Lot 3, Starlite Subdivision, and a portion of the SW1/4 of Section 28, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS – Items 173 - 225

Open Public Hearing (comment) -- Items 173 – 225

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 173 - 215

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

Continue the following items until December 3, 2007:

173.         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.

174.         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.

175.         No. 07CA050 - 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 Light Industrial on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot 7 of Marlin Industrial Park, common to a point on the southerly edge of right-of-way of Marlin Drive, and the point of beginning; Thence, first course: N04º18’35”W, a distance of 29.56 feet, to a point on the centerline of Marlin Drive; Thence, second course: curving to the left, along the centerline of Marlin Drive, on a curve with a radius of 3000.00 feet, a delta angle of 07º43’51”, a length of 404.79 feet, a chord bearing of N81º52’30”E, and chord distance of 404.48 feet; Thence, third course: N78º00’34”E, along the centerline of Marlin drive, a distance of 95.10 feet, to intersection of centerline of Marlin Drive and Creek Drive; Thence fourth course: curving to the left, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of S17º40’09”E, and chord distance of 197.91 feet, to the end of previously dedicated Creek Drive; Thence fifth course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of S23º55’17”E, and chord distance of 20.01 feet; Thence sixth course: curving to the left, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of S28º46’30”E, and chord distance of 89.57 feet; Thence seventh course: S56º56’40”W, a distance of 50.00 feet; Thence eighth course: curving to the right, on a curve with a radius of 650.00 feet, a delta angle of 02º21’34”, a length of 26.77 feet, a chord bearing of N31º52’33”W, and chord distance of 26.76 feet; Thence ninth course: S59º18’14”W, a distance of 311.85 feet; Thence tenth course: S08º30’44”E, a distance of 235.10 feet, to a point on the section 1/16 line; Thence eleventh course: N89º56’36”W, along the along the section 1/16 line, a distance of 313.37 feet, to the southeasterly corner of said Lot 7; Thence twelfth course: N00º01’20”E, along the easterly boundary of said Lot 7, a distance of 574.90 feet, to the northeasterly corner of said Lot 7, common to a point on the southerly edge of Marlin Drive right-of-way, and the point of beginning, located southwest of the intersection of Creek Drive and Marlin Drive.

176.         No. 07CA051 - 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 Office Commercial on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Thence first course: N78º00’34”E, along the centerline of Marlin Drive, a distance of 201.84 feet, to the end of the previously dedicated Marlin Drive; Thence, second course: N78º00’34”E, a distance of 66.26 feet; Thence, third course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of N76º10’58”E, and chord distance of 63.76 feet; Thence, fourth course: N74º21’21”E, a distance of 66.33 feet; Thence, fifth course: S15º38’39”E, a distance of 29.50 feet; Thence, sixth course: S74º21’21”W, a distance of 54.43 feet; Thence, seventh course: S26º59’57”E, a distance of 151.65 feet; Thence, eighth course: S56º56’40”W, a distance of 309.27 feet; Thence, ninth course: S56º56’40”W, a distance of 50.00 feet; Thence tenth course: curving to the right, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of N28º46’30”W, and chord distance of 89.57 feet; Thence eleventh course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of N23º55’17”W, and chord distance of 20.01 feet, to the end of dedicated Creek Drive centerline; Thence twelfth course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of N17º40’09”W, and chord distance of 197.91 feet, the intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Said Parcel contains 87,663 square feet or 2.012 acres more or less, located southeast of the intersection of Creek Drive and Marlin Drive.

177.         No. 07CA052 - 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 a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Thence, first course: curving to the left, along the southerly edge of right-of-way of Elk Vale Road, on a curve with a radius of 3014.79 feet, a delta angle of 05º11’13”, a length of 272.92 feet, a chord bearing of N79º49’24”E, and chord distance of 272.83 feet; Thence, second course: S15º38’39”E, a distance of 95.46 feet; Thence, third course: S74º21’21”W, a distance of 66.33 feet; Thence, fourth course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of S76º10’58”W, and chord distance of 63.76 feet; Thence fifth course: S78º00’34”W, a distance of 66.26 feet, to the end of dedicated Marlin Drive centerline; Thence sixth course: S78º00’34”W, along the centerline of Marlin Drive, a distance of 201.84 feet, to the intersection of centerline Marlin Drive and Creek Drive; Thence seventh course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 05º21’24”, a length of 93.49 feet, a chord bearing of N09º18’43”W, and chord distance of 93.46 feet; Thence eight course: N06º38’01”W, along the centerline of Creek Drive, a distance of 422.07 feet, to a point on the southerly right-of-way of Elk Vale Road; Thence ninth course: curving to the left, along the southerly edge of right-of-way of Elk Vale Road, on a curve with a radius of 3014.79 feet, a delta angle of 00º57’11”, a length of 50.15 feet, a chord bearing of N82º50’59”E, and chord distance of 50.15 feet, to the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Said Parcel contains 182,629 square feet or 4.193 acres more or less, located northeast of the intersection of Creek Drive and Marlin Drive.

178.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the improvements to the driveway approaches along East Saint Patrick Street as they abut the west 250 feet of Lot 2 of Hansen Heights, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 320 East Saint Patrick Street. (File# 07PD082 & 07EX111)

179.         No. 07PL083 - A request by Mike Hanson for Tyz Thurston for a Preliminary Plat on Lots 13A and 13B of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13 of Flannery Subdivision No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3825 Corral Drive.

180.         No. 07PL090 - A request by TSP Three, Inc. for Century Development Co. for a Preliminary Plat on Lots 1 thru 17 of Block 1; Lots 1 thru 19 of Block 2 and Lots 1 thru 16 of Block 3 of La Villa Vista Subdivision, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the north 327.2 feet of the N1/2 of the SE1/4 of Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom the W1/2 NW1/4 SE1/4; and excepting therefrom Lot 1 of Lot B of the NE1/4 SE1/4, as shown on the plat filed in Plat Book 3, Page 103; and excepting therefrom North Boulevard Addition; and excepting therefrom Lot RU-302A of the Original Townsite of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 14, Page 53; and excepting therefrom Lot RU-302B of the Original Townsite of Rapid City, Pennington County, South Dakota as shown on the plat filed in Plat Book 14, Page 94; and excepting therefrom any streets or highway rights of way, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1400 East Philadelphia Street.

181.         No. 07PL097 - A request by Jared Tordsen for Land and Marine Developments, Inc. for a Preliminary Plat on Lots 15 thru 21 of Rockin Ranch Estates, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2 of the NE1/4 of the SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of the existing Hovering Heights Court and Bunker Drive.

182.         No. 07PL107 - A request by FourFront Design, Inc. for Moyle Petroleum Company for a Preliminary Plat on Lots 1 and 2 of South Yard Subdivision, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, less Lot H5 (formerly lots 8 thru 10 of Swander's Addition), Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 79 and Minnesota Street.

183.         No. 07PL108 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 4 of Block 1 of Heartland Retail Center, Section 27 and 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the S1/2 of the SW1/4 of Section 27, and a portion of the N1/2 of the NW1/4 of Section 34, located in the S1/2 of the SW1/4, Section 27, and the N1/2 of the NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Cheyenne Boulevard.

184.         No. 07PL116 - A request by Sperlich Consulting, Inc. for James Letner for a Layout Plat on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Creek Drive and East St. Patrick Street.

185.         No. 07PL118 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Pacific Steel and Recycling for a Preliminary Plat on a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27, more fully described as follows: Beginning at the southwest corner of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “RW FISK 6565”; thence, northerly along the westerly edge of said Lot A of Biernbaum Subdivision and along the easterly edge of Highway 79 right-of-way, N00º01’09”W, a distance of 225.01 feet more or less, to an angle point of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “LS4208” and said corner being coincident with the southwesterly corner of Lot B of Biernbaum Subdivision, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27; thence, easterly along the northerly edge of said Lot A of Biernbaum Subdivision and along the southerly edge of Lot B of Biernbaum Subdivision, N89º51’25”E, a distance of 206.31 feet more or less, to a point on the westerly edge of Amended Lot H2 of Lot A of Biernbaum Subdivision, as shown in the plat filed April 8, 2003 and recorded in Book 10 of Highway Plats on Page 111, said point being marked by a rebar with survey cap “LS 6119”; thence, southerly along the westerly edge of said Amended Lot H2 of Lot A of Biernbaum Subdivision, S00º05’02”W, a distance of 225.68 feet more or less, to the south line of said Lot A of Biernbaum Subdivision, also being the southwest corner of said Amended Lot H2 of Lot A of Biernbaum Subdivision, said corner being marked by a “SDDOT Monument”; thence, westerly along the southerly line of said Lot A of Biernbaum Subdivision, N89º57’30”W, a distance of 205.90 feet more or less, to the point of beginning, located at 4280 South Highway 79.

186.         No. 07PL121 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1A, 2A and 2B, Block 2, formerly Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, the vacated portion of Rapp Street and the south half of the vacated alley, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Eglin Street and Rapp Street.

187.         No. 07PL122 - A request by Paul Lindstrom for a Layout Plat on Lots 2A and 2B of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1810 Rand Road.

188.         No. 07PL139 - A request by Sperlich Consulting, Inc. for Signature Development for a Preliminary Plat on Lots 1R, 2R, 3R and 4R of Block 2 of Villaggio at Golden Eagle, located in the S1/2 NW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1, 2, 3 and 4 of Block 2 of Villaggio at Golden Eagle, and a portion of the SW1/4 of the NW1/4 of the SE1/4 of Section 22, located in the S1/2 NW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Villaggio Lane and Golden Eagle Drive.

189.         No. 07PL140 - A request by Sperlich Consulting, Inc. for Walgar Development for a Preliminary Plat on Lot 27 of Block 23 of Robbinsdale Addition No. 10, located in the NW1/4 of the NE1/4 of the SE1/4, the E1/2 of the NW1/4 of the SE1/4, and in the SW1/4 of the NE1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the NE1/4 of the SE1/4, a portion of the E1/2 of the NW1/4 of the SE1/4, and a portion of Tract B of Robbinsdale Addition No. 10, all in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,  more fully described as follows: Commencing at the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the right-of-way of Wisconsin Avenue, and the Point of Beginning; Thence, first course: N70º21’03”E along the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 119.95 to a point on the westerly boundary of Lot 14 of Block 23 of Robbinsdale Addition No. 10; Thence, second course:  S25º27’00”E, along the westerly boundary of said Lot 14 of Block 23 of Robbinsdale Addition No. 10, a distance of 90.08 feet, to the southwesterly corner of said Lot 14 of Block 23 of Robbinsdale Addition No. 10, common to a point on the northerly edge of the right-of-way of East Minnesota Street; Thence, third course: southwesterly, along the northerly edge of said East Minnesota Street right-of-way, curving to the left on a curve with a radius of 1343.10 feet, a delta angle of 05º09’18”, an arc length of 120.84 feet, a chord bearing of S55º55’34”W, and a chord distance of 120.80 feet, to the intersection of the northerly edge of said East Minnesota Street right-of-way, intersecting with the easterly edge of the right-of-way of said Wisconsin Avenue; Thence, fourth course: northwesterly, along the easterly edge of said Wisconsin Avenue right-of-way, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 18º19’43”, an arc length of 75.53 feet, a chord bearing of N28º51’00”W, and a chord distance of 75.21 feet, to a point of tangency; Thence, fifth course:  N19º41’41”W, along the easterly edge of said Wisconsin Avenue right-of-way, a distance of 45.47 feet, to the southwest corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the right-of-way of said Wisconsin Avenue, and the Point of Beginning, located north of the intersection of East Minnesota Street and Wisconsin Avenue.

190.         No. 07PL141 - A request by Centerline, Inc. for Action Development, Inc. for a Preliminary Plat on Lots 1 and 8 of Anamosa Crossing Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Century Road and East North Street.

191.         No. 07RZ072 - Second Reading, Ordinance No. 5349, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Light Industrial District on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeasterly corner of Lot 7 of Marlin Industrial Park, common to a point on the southerly edge of right-of-way of Marlin Drive, and the point of beginning; Thence, first course: N04º18’35”W, a distance of 29.56 feet, to a point on the centerline of Marlin Drive; Thence, second course: curving to the left, along the centerline of Marlin Drive, on a curve with a radius of 3000.00 feet, a delta angle of 07º43’51”, a length of 404.79 feet, a chord bearing of N81º52’30”E, and chord distance of 404.48 feet; Thence, third course: N78º00’34”E, along the centerline of Marlin drive, a distance of 95.10 feet, to intersection of centerline of Marlin Drive and Creek Drive; Thence fourth course: curving to the left, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of S17º40’09”E, and chord distance of 197.91 feet, to the end of previously dedicated Creek Drive; Thence fifth course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of S23º55’17”E, and chord distance of 20.01 feet; Thence sixth course: curving to the left, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of S28º46’30”E, and chord distance of 89.57 feet; Thence seventh course: S56º56’40”W, a distance of 50.00 feet; Thence eighth course: curving to the right, on a curve with a radius of 650.00 feet, a delta angle of 02º21’34”, a length of 26.77 feet, a chord bearing of N31º52’33”W, and chord distance of 26.76 feet; Thence ninth course: S59º18’14”W, a distance of 311.85 feet; Thence tenth course: S08º30’44”E, a distance of 235.10 feet, to a point on the section 1/16 line; Thence eleventh course: N89º56’36”W, along the along the section 1/16 line, a distance of 313.37 feet, to the southeasterly corner of said Lot 7; Thence twelfth course: N00º01’20”E, along the easterly boundary of said Lot 7, a distance of 574.90 feet, to the northeasterly corner of said Lot 7, common to a point on the southerly edge of Marlin Drive right-of-way, and the point of beginning, located southwest of the intersection of Creek Drive and Marlin Drive.

192.         No. 07RZ073 - Second Reading, Ordinance No. 5350, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Office Commercial District on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Thence first course: N78º00’34”E, along the centerline of Marlin Drive, a distance of 201.84 feet, to the end of the previously dedicated Marlin Drive; Thence, second course: N78º00’34”E, a distance of 66.26 feet; Thence, third course: curving to the left, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of N76º10’58”E, and chord distance of 63.76 feet; Thence, fourth course: N74º21’21”E, a distance of 66.33 feet; Thence, fifth course: S15º38’39”E, a distance of 29.50 feet; Thence, sixth course: S74º21’21”W, a distance of 54.43 feet; Thence, seventh course: S26º59’57”E, a distance of 151.65 feet; Thence, eighth course: S56º56’40”W, a distance of 309.27 feet; Thence, ninth course: S56º56’40”W, a distance of 50.00 feet; Thence tenth course: curving to the right, on a curve with a radius of 600.00 feet, a delta angle of 08º33’39”, a length of 89.65 feet, a chord bearing of N28º46’30”W, and chord distance of 89.57 feet; Thence eleventh course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 01º08’47”, a length of 20.01 feet, a chord bearing of N23º55’17”W, and chord distance of 20.01 feet, to the end of dedicated Creek Drive centerline; Thence twelfth course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 11º21’28”, a length of 198.23 feet, a chord bearing of N17º40’09”W, and chord distance of 197.91 feet, the intersection of centerline of Marlin Drive and Creek Drive, and the point of beginning; Said Parcel contains 87,663 square feet or 2.012 acres more or less, located southeast of the intersection of Creek Drive and Marlin Drive.

193.         No. 07RZ074 - Second Reading, Ordinance No. 5351, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on a portion of the NW1/4 of the NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Thence, first course: curving to the left, along the southerly edge of right-of-way of Elk Vale Road, on a curve with a radius of 3014.79 feet, a delta angle of 05º11’13”, a length of 272.92 feet, a chord bearing of N79º49’24”E, and chord distance of 272.83 feet; Thence, second course: S15º38’39”E, a distance of 95.46 feet; Thence, third course: S74º21’21”W, a distance of 66.33 feet; Thence, fourth course: curving to the right, on a curve with a radius of 1000.00 feet, a delta angle of 03º39’13”, a length of 63.77 feet, a chord bearing of S76º10’58”W, and chord distance of 63.76 feet; Thence fifth course: S78º00’34”W, a distance of 66.26 feet, to the end of dedicated Marlin Drive centerline; Thence sixth course: S78º00’34”W, along the centerline of Marlin Drive, a distance of 201.84 feet, to the intersection of centerline Marlin Drive and Creek Drive; Thence seventh course: curving to the right, along the centerline of Creek Drive, on a curve with a radius of 1000.00 feet, a delta angle of 05º21’24”, a length of 93.49 feet, a chord bearing of N09º18’43”W, and chord distance of 93.46 feet; Thence eight course: N06º38’01”W, along the centerline of Creek Drive, a distance of 422.07 feet, to a point on the southerly right-of-way of Elk Vale Road; Thence ninth course: curving to the left, along the southerly edge of right-of-way of Elk Vale Road, on a curve with a radius of 3014.79 feet, a delta angle of 00º57’11”, a length of 50.15 feet, a chord bearing of N82º50’59”E, and chord distance of 50.15 feet, to the southeasterly corner of right-of-way common to Creek Drive and Elk Vale Road, and the point of beginning; Said Parcel contains 182,629 square feet or 4.193 acres more or less, located northeast of the intersection of Creek Drive and Marlin Drive.

194.         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.

195.         No. 07SV048 - A request by FourFront Design, Inc. for Moyle Petroleum Company for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water, sewer, street light conduit and sidewalk on the rearage road and a variance to the Subdivision Regulations to waive the requirement to install curb, gutter, water, sewer, street light conduit and sidewalk on Minnesota Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of South Yard Subdivision, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, less Lot H5 (formerly lots 8 thru 10 of Swander's Addition), Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of South Dakota Highway 79 and Minnesota Street.

196.         No. 07SV050 - A request by Sperlich Consulting, Inc. for James Letner for a Variance to the Subdivision Regulations to waive the requirement to dedicate 10 additional feet of right-of-way and provide a planting screen easement along E. St. Patrick Street; to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, to dedicate 17 feet of right-of-way and provide a planting screen easement along Creek Drive; and to install sidewalk along the south side of  E. St. Charles Street as per Chapter 16 of the Rapid City Municipal Code on Lots 1 thru 8 of Market Square Subdivision, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Lot 3 of Tract D, located in the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Creek Drive and East St. Patrick Street.

197.         No. 07SV051 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Pacific Steel and Recycling for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, additional pavement or additional extension of water or sewer main in any adjoining right-of-way, and the requirement to dedicate additional right-of-way on a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A of Biernbaum Subdivision, located in the NW1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27, more fully described as follows: Beginning at the southwest corner of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “RW FISK 6565”; thence, northerly along the westerly edge of said Lot A of Biernbaum Subdivision and along the easterly edge of Highway 79 right-of-way, N00º01’09”W, a distance of 225.01 feet more or less, to an angle point of said Lot A of Biernbaum Subdivision, said corner being marked by a rebar with survey cap “LS4208” and said corner being coincident with the southwesterly corner of Lot B of Biernbaum Subdivision, as shown on the plat recorded July 10, 1997 and recorded in Book 28 of Plats on Page 27; thence, easterly along the northerly edge of said Lot A of Biernbaum Subdivision and along the southerly edge of Lot B of Biernbaum Subdivision, N89º51’25”E, a distance of 206.31 feet more or less, to a point on the westerly edge of Amended Lot H2 of Lot A of Biernbaum Subdivision, as shown in the plat filed April 8, 2003 and recorded in Book 10 of Highway Plats on Page 111, said point being marked by a rebar with survey cap “LS 6119”; thence, southerly along the westerly edge of said Amended Lot H2 of Lot A of Biernbaum Subdivision, S00º05’02”W, a distance of 225.68 feet more or less, to the south line of said Lot A of Biernbaum Subdivision, also being the southwest corner of said Amended Lot H2 of Lot A of Biernbaum Subdivision, said corner being marked by a “SDDOT Monument”; thence, westerly along the southerly line of said Lot A of Biernbaum Subdivision, N89º57’30”W, a distance of 205.90 feet more or less, to the point of beginning, located at 4280 South Highway 79.

198.         No. 07SV052 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk on both sides of street, water, sewer, curb, gutter, street light conduit, pavement and to reduce Right-of-Way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1A, 2A and 2B, Block 2, formerly Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, the vacated portion of Rapp Street and the south half of the vacated alley, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, less Lot H-1 and Lot 2, less Lot H-2 of Block 2, located in the NE1/4 SW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Eglin Street and Rapp Street.

199.         No. 07SV053 - A request by Paul Lindstrom for a Variance to the Subdivision Regulations to waive the requirement to install, curb, gutter, and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2A and 2B of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Watersedge Subdivision, located in the NE1/4 SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1810 Rand Road.

200.         No. 07SV055 - A request by Renner & Associates for Jo and Steve Benn for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water on Clarkson Road and Spring Canyon Trail and to waive the requirement to install pavement on Spring Canyon Trail as per Chapter 16.16 of the Rapid City Municipal Code on Lot 8 of Block 4 of Clarkson Subdivision, Section 31, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2 of the SE1/4, lying west of Clarkson Road and a portion of the SE1/4 of the NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located north and east of the intersection of Spring Canyon Trail and Clarkson Road.

201.         No. 07SV058 - A request by Sperlich Consulting, Inc. for Walgar Development for a Variance to the Subdivision Regulations to waive the requirement to provide a planting screen easement and to reduce the right-of-way width along Minnesota Street from 100 feet to 80 feet as per Chapter 16 of the Rapid City Municipal Code on Lot 27 of Block 23 of Robbinsdale Addition No. 10, located in the NW1/4 of the NE1/4 of the SE1/4, the E1/2 of the NW1/4 of the SE1/4, and in the SW1/4 of the NE1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the NE1/4 of the SE1/4, a portion of the E1/2 of the NW1/4 of the SE1/4, and a portion of Tract B of Robbinsdale Addition No. 10, all in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,  more fully described as follows: Commencing at the southwesterly corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the right-of-way of Wisconsin Avenue, and the Point of Beginning; Thence, first course: N70º21’03”E along the southerly boundary of said Lot 1 of Block 23 of Robbinsdale Addition No. 10, a distance of 119.95 to a point on the westerly boundary of Lot 14 of Block 23 of Robbinsdale Addition No. 10; Thence, second course:  S25º27’00”E, along the westerly boundary of said Lot 14 of Block 23 of Robbinsdale Addition No. 10, a distance of 90.08 feet, to the southwesterly corner of said Lot 14 of Block 23 of Robbinsdale Addition No. 10, common to a point on the northerly edge of the right-of-way of East Minnesota Street; Thence, third course: southwesterly, along the northerly edge of said East Minnesota Street right-of-way, curving to the left on a curve with a radius of 1343.10 feet, a delta angle of 05º09’18”, an arc length of 120.84 feet, a chord bearing of S55º55’34”W, and a chord distance of 120.80 feet, to the intersection of the northerly edge of said East Minnesota Street right-of-way, intersecting with the easterly edge of the right-of-way of said Wisconsin Avenue; Thence, fourth course: northwesterly, along the easterly edge of said Wisconsin Avenue right-of-way, curving to the right on a curve with a radius of 236.12 feet, a delta angle of 18º19’43”, an arc length of 75.53 feet, a chord bearing of N28º51’00”W, and a chord distance of 75.21 feet, to a point of tangency; Thence, fifth course:  N19º41’41”W, along the easterly edge of said Wisconsin Avenue right-of-way, a distance of 45.47 feet, to the southwest corner of Lot 1 of Block 23 of Robbinsdale Addition No. 10, common to a point on the easterly edge of the right-of-way of said Wisconsin Avenue, and the Point of Beginning, located north of the intersection of East Minnesota Street and Wisconsin Avenue.

202.         No. 07SV059 - A request by Centerline, Inc. for Action Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk, water and sewer along East North Street and to reduce pavement width from 26 feet to 24 feet along A/R Boulevard and A/R Lane as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 8 of Anamosa Crossing Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 1 of Century 21 Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Century Road and East North Street.

203.         No. 07VE028 - A request by Renner & Associates for West River Electric Assn. for a Vacation of Non-Access Easement on Lot WR of the NE1/4 NE1/4, Section 15 T1N, R8E, BHM, Pennington County, South Dakota, located at 3383 Reservoir Road.

204.         No. 07VE039 - A request by Jared Tordsen for Land and Marine Development, Inc. for a Vacation of Non-Access Easement on Lot 7, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Bunker Drive along Abbey Road.

205.         No. 07VE040 - A request by Jared Tordsen for Land and Marine Development, Inc. for a Vacation of Non-Access Easement on Lot 22, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast corner of the intersection of Butterfly Lane and Abbey Road (Hovering Heights Court).

206.         No. 07VE041 - A request by Jared Tordsen for Land and Marine Development, Inc. for a Vacation of Non-Access Easement on Lot 31, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest corner of the intersection of Butterfly Lane and Abbey Road (Hovering Heights Court).

207.         No. 07VE042 - A request by Jared Tordsen for Land and Marine Development, Inc. for a Vacation of Non-Access Easement on Lot 32, Rockinon Ranch Estates, located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Abbey Road (Hovering Heights Court) and Antler Ridge Road.

208.         No. 07VR011 - A request by Bryan Gonzalez for a Vacation of a portion of Right-of-way on that portion of Philadelphia Street which is situated directly south of the north 327.2 feet of the N1/2 of the SE1/4 lying west of I90 Right-of-way, excepting therefrom the W1/2 of the NW1/4 of the SE1/4, and less North Boulevard Addition, located in the unplatted (9779); and, the east 670 feet of the south 30 feet of the SW1/4 NE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1400 East Philadelphia Street, located on Philadelphia Street north of Founders Park Drive and west of West Boulevard North.

Continue the following items until December 17, 2007:

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

210.         No. 07RZ065 - Second Reading, Ordinance No.5338, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Bob Fuchs for a Rezoning from General Commercial District to Central Business District on the South 50 feet of Lots 28 thru 32 of the Original Town of Rapid City, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 321 7th Street.

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

Continue the following items until January 22, 2008:

212.         No. 07CA023 - A request by Scull Construction for Whittingham & Lestrange, LPI for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Park Forest to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, described as follows: commencing at the rear lot corner common to Lots 3 and 4 of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey cap stamped LS 6117, Thence S25º59’34”E a distance of 55.29’ to the point of beginning; Thence First Course: along a line with a bearing of N00º00'38"E and a distance of 355.70; Thence Second Course: along a line with a bearing of S10º41'47"E and a distance of 590.96 feet; to an intersection with the northerly line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 5 and the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision with a bearing of N25º59'34"W and a distance of 250.40 feet to the Point of Beginning, located northeast of Table Rock Road.

213.         No. 07PL067 - A request by Scull Construction for Whittingham & Lestrange, LPI for a Preliminary Plat on Tracts 1 thru 3 of Block 1, Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B Revised, Lot 1 and Lot 2 of Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A of Meadow View Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-of-Way; all located in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted portion of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of Block 2 and a portion of Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision; Lots 1 thru 4, a portion of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road Right-of-Way of Tower Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section 26 (Promise Road Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the unplatted portion of the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26; Lot H3 of Section 26 and Tucker Street Right-of-way; the unplatted portion of the SE1/4 of the NW1/4 of the NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-way (the Maze property); Tract AR2 and Tract B of Needles Subdivision, Tract a of Meadow View Subdivision in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

214.         No. 07RZ043 - Second Reading, Ordinance No. 5305, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Scull Construction for Whittingham & Lestrange, LPI for a Rezoning from Park Forest District to General Commercial District on a parcel of land located in the NE1/4 SW1/4 in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, described as follows: commencing at the rear lot corner common to Lots 3 and 4 of Block 1 of Tower Ridge 2 Subdivision, rebar with a survey cap stamped LS 6117, Thence S25º59’34”E a distance of 55.29’ to the point of beginning; Thence First Course: along a line with a bearing of N00º00'38"E and a distance of 355.70; Thence Second Course: along a line with a bearing of S10º41'47"E and a distance of 590.96 feet; to an intersection with the northerly line of Lot 5 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 5 and the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision with a bearing of N25º59'34"W and a distance of 250.40 feet to the Point of Beginning, located northeast of Table Rock Road.

215.         No. 07SV026 - A request by Scull Construction for Whittingham & Lestrange, LPI for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Catron Boulevard and U. S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on Tracts 1 thru 3 of Block 1, Lot 1, Lot 3 and Lot 4 of Block 2 of Tower Ridge 2; Tract B Revised, Lot 1 and Lot 2 of Tract AR2 of Needles Subdivision, Lot 1 and Lot 2 of Tract A of Meadow View Subdivision; Promise Road Right-of-Way; Dakota Canyon Road Right-of-Way; all located in the SW1/4 of Section 23 and in the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted portion of the SW1/4 of Section 23; the remainder of Lots 2 and 3 of Block 2 and a portion of Silver Nugget Drive Right-of-Way of Aladdin Heights Subdivision; Lots 1 thru 4, a portion of Lots 5 thru 7, Lots 8 thru 12 of Block 1 and Tablerock Road Right-of-Way of Tower Ridge 2 in Section 23; Lot H3 in Section 23 and Lot H4 in Section 26 (Promise Road Right-of-Way); Lot 1 of Shipman Heights Subdivision; a portion of the unplatted portion of the NE1/4 of the NW1/4 of the NW1/4 (NE-NW-NW) of Section 26; Lot H3 of Section 26 and Tucker Street Right-of-Way; the unplatted portion of the SE1/4 of the NW1/4 of the NW1/4 (SE-NW-NW) lying east of Highway 16 Right-of-Way (the Maze property); Tract AR2 and Tract B of Needles Subdivision, Tract A of Meadow View Subdivision in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U. S. Highway 16 and Catron Boulevard.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 173 – 225

CONSENT PUBLIC HEARING ITEMS – Item 216 - 225

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

216.         Norman J. Gary dba Matador Casino, 2315 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from Laural A. Hawkins dba The Marble Club, 2315 1/2 Mt. Rushmore Road

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

218.         Carolyn’s Casinos, Inc. dba Carolyn’s Too, 1141 Deadwood Avenue, Suite 2 for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from Kelly’s Sports Lounge, Inc. dba Kelly’s Sport Lounge, 825 Jackson Blvd.

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 219 - 225

219.         No. 07CA030 - 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 Heavy Industrial on Lots 2 thru 7 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1717 thru 1937 Marlin Drive.

220.         No. 07CA053 - A request by CETEC Engineering Services, Inc. for OS Development for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Agriculture to Low Density Residential II on a tract of land located in the S1/2 SE1/4 of Section 22 and the N1/2 NE1/4 of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Commencing at the East ¼ Corner of said Section 27, said point being monumented with a rebar below the surface of the asphalt and having two reference monuments consisting of a brass cap and iron pipe, one bears N41º22’55”W 49.48 feet, the second bears N35º10’06”E 42.14 feet; Thence N34º57’40”W 2433.52 feet to the True Point of Beginning; Thence N39º20’03”E 215.75 feet to a point; Thence N45º00’00”E 192.27 feet to the beginning of a curve concave to the northwest and having a radius of 2000.00 feet; Thence along said curve a distance of 450.67 feet to a point; Thence N32º05’22”E 84.51 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 1200.00 feet and a chord bearing of  N59º55’26”W; Thence along said curve a distance of 500.56 feet to a point; Thence S42º01’34”W 646.67 feet to the beginning of a curve concave to the southeast and having a radius of 480.00 feet; Thence along said curve a distance of 184.53 feet to a point; Thence S20º00’00”W 105.33 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 1200.00 feet and a chord bearing of S58º54’00”E; Thence along said curve a distance of 464.96 feet to the True Point of Beginning, from which the Center ¼ corner of said Section 27 bears S33º29’08”W a distance of 2270.05 feet, said point being monumented with a rebar and aluminum cap stamped C ¼ LS 6014, located west of the intersection of Reservoir Road and Southside Drive.

221.         No. 07SV039 - A request by Sperlich Consulting, Inc. for Ronald Shape for a Variance to the Subdivision Regulations to waive the requirement to dedicate a planting screen easement, to allow platting half of a right-of-way and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Reservoir Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 6 of Block 1, Lots 1 thru 9 of Block 2, Lots 1 thru 8 of Block 3 , Lots 1 thru 19 of Block 4, Lots 1 thru 14 of Block 5, Lots 1 thru 23 of Block 6, Lots 1 thru 15 of Block 7, Lots 1 thru 15 of Block 8, Lots 1 thru 13 of Block 9, Lots 1 thru 12 of Block 10, Homestead Subdivision, located in the SE1/4 of the NE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SE1/4 of the NE1/4, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at the eastern terminus of Homestead Street and west of Reservoir Road.

222.         No. 07SV054 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 8, 9, 17, 22 and 23 of Marlin Industrial Park, located in the unplatted portion of the  NW1/4 NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 NE1/4, Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast, southeast and southwest of the intersection of Creek Drive and Marlin Drive.

223.         No. 07SV060 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Mark and Jana Koupal for a Variance to the Subdivision Regulations to allow platting half a right-of-way as per Chapter 16 of the Rapid City Municipal Code on Plat of Lots 1 and 2 of Koupal Estates Subdivision, located in the SW1/4 SW1/4 and the S1/2 S1/2 NW1/4 SW1/4, Section 14, T1S, R7E, BHM, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 and the S1/2 S1/2 NW1/4 SW1/4, Section 14, T1S, R7E, BHM, Pennington County, South Dakota, located at 32774 Wallace Street.

224.         No. 07RZ051 - Second Reading, Ordinance No. 5315, 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 Heavy Industrial District on Lots 2 thru 7 of Marlin Industrial Park, located in the NW1/4 NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1717 thru 1937 Marlin Drive.

225.         No. 07RZ068 - Second Reading, Ordinance No. 5341, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by CETEC Engineering Services, Inc. for OS Development for a Rezoning from No Use District to Low Density Residential II District on a tract of land located in the S1/2 SE1/4 of Section 22 and the N1/2 NE1/4 of Section 27, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Commencing at the East ¼ Corner of said Section 27, said point being monumented with a rebar below the surface of the asphalt and having two reference monuments consisting of a brass cap and iron pipe, one bears N41º22’55”W 49.48 feet, the second bears N35º10’06”E 42.14 feet; Thence N34º57’40”W 2433.52 feet to the True Point of Beginning; Thence N39º20’03”E 215.75 feet to a point; Thence N45º00’00”E 192.27 feet to the beginning of a curve concave to the northwest and having a radius of 2000.00 feet; Thence along said curve a distance of 450.67 feet to a point; Thence N32º05’22”E 84.51 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 1200.00 feet and a chord bearing of  N59º55’26”W; Thence along said curve a distance of 500.56 feet to a point; Thence S42º01’34”W 646.67 feet to the beginning of a curve concave to the southeast and having a radius of 480.00 feet; Thence along said curve a distance of 184.53 feet to a point; Thence S20º00’00”W 105.33 feet to the beginning of a non-tangent curve concave to the southwest having a radius of 1200.00 feet and a chord bearing of S58º54’00”E; Thence along said curve a distance of 464.96 feet to the True Point of Beginning, from which the Center ¼ corner of said Section 27 bears S33º29’08”W a distance of 2270.05 feet, said point being monumented with a rebar and aluminum cap stamped C ¼ LS 6014, located west of the intersection of Reservoir Road and Southside Drive.

BILLS

226.         No. CC111907-01 Bill List for November 19, 2007

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN