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

June 16 , 2008 -- 7:00 P.M.

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

ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

ADOPTION OF AGENDA

APPROVE MINUTES for June 2, 2008 and correct minutes of April 7, 2008 to reflect a correct project number for Saint Andrew Street Reconstruction Project No. ST07-1604 / CIP No. 50410

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month

2.                  Employee Recognition and Award

GENERAL PUBLIC COMMENT

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

3.                  Destination Rapid City, John Brewer

4.                  No. CC061608-03 - Report from Rapid City Public Library Board

NON-PUBLIC HEARING ITEMS -- Items 5 - 73

Public Comment opened – Items 5 - 55

Public Comment closed

CONSENT ITEMS – Items 5 - 55

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

Vacations of Right-Of-Way Set for Hearing (None)

Alcoholic Beverage License Applications Set for Hearing (July 7, 2008)

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

6.                  Bach Investment, Inc. dba Hideaway Casino, 1575 N. LaCrosse Street, Suite D for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from M&B Investments, Inc. dba The Hideaway, 1575 LaCrosse Street

7.                  Bach Investment, Inc. dba Hideaway Casino, 1575 N. LaCrosse Street, Suite D for a Package (Off Sale) Liquor License TRANSFER from M&B Investments, Inc. dba The Hideaway, 1575 LaCrosse Street

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

8.                  Two Lefties' and Rancho's Mexican Grills LLC dba Panchero's Mexican Grill, 1221 W. Omaha for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

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

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

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

12.             Arrowhead Country Club dba Arrowhead Country Club, 3675 Sheridan Lake Road for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

Public Works Committee Consent Items

13.             Request Council President to schedule an open meeting to discuss public meetings and public input

14.             No. PW061008-01 – Approve Change Order No. 1 for East Mall Drive Connection - North LaCrosse Street to East North Street Project No. ST06-1334b / CIP No. 50521 to Knife River Midwest LLC for an increase of $12,942.20

15.             No. PW061008-02 – Approve Change Order No. 2 for East Mall Drive Connection - North LaCrosse Street to East North Street Project No. ST06-1334b / CIP No. 50521 to Knife River Midwest LLC for an increase of $43,600.00

16.             No. PW061008-03 – Authorize staff to advertise for bids for 2008 Miscellaneous Improvements Project No. MIP08-1685

17.             No. PW061008-10 – Authorize staff to advertise for bids for Block 75 Parking Structure Third Level Addition Project No. IDP08-1725

18.             No. PW061008-04 – Authorize Mayor and Finance Officer to sign an Agreement with FMG, Inc. for the 2008 Geotechnical/Materials/QA-QC Program Project No. ST08-1698 / CIP Nos. 50591, 50592, and 50637 for an amount not to exceed $60,000

19.             No. PW061008-05 – Authorize Mayor and Finance Officer to sign an Agreement with Ferber Engineering Company, Inc. for West Boulevard Area Sewer Reconstruction Project No. SS08-1728 / CIP No. 50422 to perform a Sanitary Sewer and Storm Sewer System Evaluation for an amount not to exceed $84,606.25

20.             No. PW061008-06 – Authorize Mayor and Finance Officer to sign an Agreement with FMG, Inc. for Elk Vale Road Sanitary Trunk Sewer Extension – Phase 2 Project No. SS08-1729 / CIP No. 50726 to construct sanitary trunk sewer main in Elk Vale Road beginning at Concourse Drive and extending north to Homestead Drive for an amount not to exceed $42,840

21.             No. PW061008-07 – Authorize staff to seek proposals for a Non-Methane Organic Compound (NMOC) Investigation and a Landfill Gas Study at the Rapid City Landfill Project No. SWO08-1739 / CIP No. 50737

22.             No. PW061008-08 – Approve the request from Tetra Tech on behalf of Evergreen Energy for disposal of storm water

23.             No. 08TP014 – Approve Amendment No. 08-008 to the 2008-2012 Transportation Improvement Program

24.             No. 08TP015 – Approve 2009-2013 Rapid City Area Transportation Improvement Program – Draft Report, subject to conversations with the DOT about the timing of said projects

25.             No. 08VE012 - Approve a request by Riss Homes for Charles E. Glood to consider an application for a Vacation of Non-Access Easement on Lot 6 of Block 1 of Dunham Estates, located in the NE1/4 NE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southeast corner of the intersection of Nicklaus Drive and Dunham Drive.

26.             No. PW061008-09 – Approve acquisition of property and authorize FMG, Inc. to prepare an H Lot on behalf of the City for property located in the SW1/4 NW1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota

27.             No. PW06108-11 – Authorize Mayor and Finance Officer to sign an Agreement between the City of the Rapid City and SYB, LLC to Allow for Acceptance of Public Improvements Before the Completion of Sidewalks for Lots 13B, 19 and Tract H of Block 4: Lots 1A, 1B, 2A, 2B, 3A, 3B, 13 and 14 of Block 19; and Lot 10 of Block 20, all in Big Sky Subdivision, Phase 10.

28.             Acknowledge the Solid Waste/Landfill Report

Legal & Finance Committee Consent Items

29.             No. LF043008-01A - Approve request to allocate CDBG Funds in the amount of $11,091 for the purchase of 710 Blaine Avenue

30.             No. LF061108-01 – Approve appointment of Steve Rolinger, Julie Gregg, Karen Waltman, Tom Hennies, and Linda Marchand to the Planning Commission

31.             No. LF061108-21 – Approve appointment of Dr. Bert Corwin to the Rapid City Regional Airport Board

 

32.             No. LF061108-22 – Approve appointment of John Wagner to the Historic Preservation Commission

33.             No. LF061108-03 - Request Mayor and City Council leadership form a committee to address funding for infrastructure development to be utilized by the City in guiding future growth and development

34.             Set July 1, 2008, at 12:15 P.M. for canvassing the vote from the runoff election to be held on June 24, 2008

35.             No. LF061108-04 – Authorize staff to apply for 2008 COPS Hiring Grant

36.             No. 08AN007 - Approve a request by City of Rapid City to consider an application for a Resolution of Annexation on Tract B of Lot 2 of Lot A, Lot 1 and Lot 2 of Tract A, and Lot 3 all in Barnhart Addition; Tract E & Dedicated Private Drive of KOA Subdivision in the SE¼ SW¼; Lot A of SE¼ NW¼; Lot 1A of Lot 1 of Lot A of SW¼ SW¼; Tract 1, formerly Lot 1 of Lot B, a portion of the residual portion of Lot B, and portions of Lots 2 and 3 of Lot A including 25 feet private access agreement on residual portion of Lot C, all in the SW¼ SW¼; Lot D including Lot 1 of Lot D located in the SW¼ SW¼; Tract B of SE¼ SW¼; Unplatted Balance of W½ SE¼ SW¼; SW¼ NW¼ and NW¼ SW¼ including Lot A of NW¼ SW¼; Government Lot 4; the 150 foot wide E. Highway 44 right-of-way lying south of Lot 1A of Lot 1 of Lot A of SW¼ SW¼, all located in Section 4, T1N, R8E, BHM, Pennington County, South Dakota; and, The 150 foot wide E. Highway 44 right-of-way within Section 4 lying south of Lot 3, Lots 1 & 2 of Tract A, Tract B of Lot 2 of Lot A, all of Barnhart Addition, Section 4, T1N, R8E, BHM, Pennington County, South Dakota; and, Tract A of SE1/4 SW1/4 of Section 4 and the NE¼ NW¼ of Section 9; Tract C of SE¼ SW¼ of Section 4 and Parcel E of NE¼ NW¼ of Section 9; and the 150 foot wide E. Highway 44 right-of-way lying south of Tract C of SE¼ SW¼ of Section 4 and Parcel E of NE¼ NW¼ of Section 9; all located in T1N, R8E, BHM, Pennington County, South Dakota; and, The part of Lot E of the NE¼ NW1/4 lying north of the highway right-of-way for access to Interstate Highway No. 90, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; and, All of Hillsview Subdivision including Hillside Drive and Eagle Drive rights-of-way and Rockhill Road, an access easement; SE¼ of GL 1 less N100 feet of SE¼ of GL 1 including Lot A of Lutheran Subdivision; All of Marshall Subdivision including Homestead Street and Glenside Drive rights-of-way and Windhaven Drive, a private access easement; NE¼ of Government Lot 1 (NE¼ NE¼ NE¼); Lot 5 and Lot 7 of E½ SE¼; The 150 foot wide E. Highway 44 right-of-way, including Lots H-1, H-2, H-3, and H-4, all located in the E½ of Section 5, lying south of Lot 5 and Lot 15 Revised and Lot 17 and the west 100 feet of Lot 14, all of Hillsview Subdivision, and Lot 7 of E½ SE¼; all located in Section 5, T1N, R8E, BHM, Pennington County, South Dakota; and, The 66 foot wide Valley Drive right-of-way north of S. D. Highway 44 located in the western boundary of the W½ of Section 4 and the eastern boundary of the E½ of Section 5, all located in T1N, R8E, BHM, Pennington County, South Dakota; and, The 100 foot wide railroad right-of-way lying north of Lot D of SW¼ SW¼ not already located within the City of Rapid City, Section 4, T1N, R8E, BHM, Pennington County, South Dakota; and, E½ SE¼ of Section 32, T2N, R8E, BHM, Pennington County, South Dakota; and, SW¼ of Section 33, T2N, R8E, BHM, Pennington County, South Dakota, more generally described as being located north and south of S.D. Highway 44 and east and west of Valley Drive.

37.             No. LF061108-17 – Authorize staff to draft revisions to Chapter 12.44 of the Rapid City Municipal Code (Travel Parks)

38.             No. LF061108-06 – Approve Resolution Establishing Change Fund

39.             Acknowledge the following volunteers for workmen’s compensation purposes:  Tucker Smith, Andrea Stevens

40.             No. LF061108-07 – Approve $4,800 from Council Contingency for construction of an ADA accessible ramp to the night deposit box on the west side of the CSAC Building (contractor is Timber Ridge Construction)

41.             No. LF061108-08 – Authorize Mayor and Finance Officer to sign Amendment to the Joint Powers Agreement between the City of Rapid City and South Dakota Department of Health

42.             No. LF061108-16 – Authorize renewal of health insurance stop loss contract.

43.             No. LF052808-18A – Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Wyss Associates, Inc. for Design and Construction Management Services for Vickie Powers Memorial Park for an amount not to exceed $117,865

 

44.             No. LF061108-09 – Approve Travel Request for Tom Lowry (recreation maintenance worker) to attend the STAR Basic Refrigeration School in Las Vegas, NV September 22-25, 2008 in an approximate amount of $1,530

 

45.             No. LF061108-10 – approve Travel Request for Aquatics Division Manager Duncan Olney to attend the NSPF Instructor School and World Aquatic Health Conference in Colorado Springs, CO, October 13-17, 2008 in an approximate amount of $1,989

46.             No. LF061108-12 – Acknowledge raffle request from Juvenile Diabetes Research Foundation International

47.             No. LF061108-13 – Acknowledge raffle request from Black Hills BMX

48.             No. LF061108-20 - Acknowledge raffle request from The Dahl

49.             No. LF061108-14 – Approve abatement for Bonnie Collins - $620.28

50.             Approve the following licenses:  Mechanical Apprentice:   Fred Dise, Shiloh Farmer, Levi Van Beek, Aaron Kompier, Mike Mardian, Jeremy Taylor, and Daniel Crisp; Mechanical Installer:  Troy Roettele, Rick Tuffs, and Shane Croeni; Electrical Master:  Richard Heintzman; Electrical Journeyman:  Ryan Block, John Bailey, Chad Boyd, Patrick Gerrits, Paul Schelske, Travis De Stigter, Troy Kluthe, Jesse Ver Hey, Dean Hauk, and Bryan Mitchell; Sewer and Water Contractors License:  Jason Franke, Day & Night Plumbing and Excavating; Sewer and Water Journeyman:  Tobias Hanes, Quinn Construction, Inc.; Sewer and Water Journeyman:  Ryan Braun, Quinn Construction, Inc.

Growth Management Department Consent Items

51.             No. 08AN008 - A request by Dream Design International, Inc. for a Petition for Annexation on a parcel of land located in the S½ NW¼; SW¼; S½ N½ NW¼ SE¼; S½ NW¼ NE¼ SE¼; S½ NW¼ SE¼; SW¼ NE¼ SE¼; SW¼ SE¼ less the south 33 feet; W½ SE¼ SE¼ less the south 33 feet; Section 21, T2N, R8E, BHM, Pennington County, South Dakota, located east of Dyess Avenue and west of Elk Vale Road.

52.             No. 08PL054 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3 of Mall Drive Subdivision, and Lots 1A and 1B of Interstate 90 Heartland Business Park, formerly a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4 SE1/4 north of Interstate 90 excepting Lot H13 and Lot 3 of the S1/2 SE1/4 all located in the SE1/4 and Lot 1 of Block 6 of Interstate 90 Heartland Business Park , Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Mall Drive and Dakota Craft Drive.

53.             No. 08PL064 - A request by FMG, Inc. for Pat Tlustos for a Preliminary Plat on Lots 6 thru 8 of Block 2 of I-90 Heartland Business Park and dedicated public right-of-way shown as Rearden Court all located in the SE1/4 of Section 21, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in the S½ of SE¼ of Section 21, T2N, R8E, BHM, Pennington County, South Dakota, more particularly described as follows: Commencing at a point which is a 5/8” rebar with survey cap marked “FMG Inc. LS SD 6119” marking the northwest corner of Lot 1 of Block 7 of I-90 Heartland Business Park; Thence N26º45'42"E a distance of 608.43’, more or less, to a point; Thence S89º57’07”E a distance of 370.00’, more or less, to a point;  Thence S72º38’37”E a distance of 162.98’, more or less, to a point; Thence S55º39’21”E a distance of 878.48’, more or less, to a point; Said point being on the section line between Section 21, T2N, R8E, BHM and Section 28, T2N, R8E, BHM; Thence N89º57’07”W a distance of 1524.86’, more or less, to the point of beginning, located west of Elk Vale Road and north of Seger Drive.

54.             No. 08PL071 - A request by John D. and Diana L. Nelson for a Layout Plat on Lots 1R, 2R, 4R, 5R, 6R, 7R, 8R, 9R, 12R, 13R, 16R, 17R, 18R, 19R, 20R, 21R and 22R of Block 4, H&H Estates Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 1, 2, 4, 4a, 5, 6 7, 8, 9, 12, 13, 16, 17, 18, 19, 20, 21 and 22 of Block 4 of H&H Estates Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located northeast of the intersection of Hacienda Street and Williams Street.

55.             No. 08PL072 - A request by Sperlich Consulting, Inc. for Donnie Kirschenman for a Layout Plat on Lots 1 thru 4 of Westberry Trails, formerly Tract C less Lots H1 and H2 of Westberry Trails located in the S1/2, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Tract C less Lots H1 and H2 of Westberry Trails, located in the S1/2, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, located at Nemo Road/South Canyon Road south of Wide View Drive.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS – Items 56 - 73

Public Comment opened – Items 56 - 73

Public Comment closed

Ordinances

56.             No. LF021308-05 – First Reading, Ordinance No. 5369, Authorizing the Police Department to Collect Fees for the Performance of Criminal Background Investigations on City Employment Applicants and City License Applicants by Adding Section 2.20.030 to the Rapid City Municipal Code

57.             No. LF052808-20A – First Reading, Ordinance No. 5378, Requiring Drivers of Vehicles to Move Over or Slow Down Upon Approaching Vehicles Using Amber or Yellow Warning Lights on Any Street by Adding Chapter 10.12.400

58.             No. LF052808-22 – First Reading, Ordinance No. 5392, Raising the Special Charge for Disposing of Tires at the City Landfill by Amending Section 8.08.240 of the Rapid City Municipal Code

59.             No. LF061108-02 – First Reading, Ordinance No. 5398, Prohibiting the Use of Electronic Communication Mediums During Public Meetings by Adding a New Section to Chapter 2.04 of the Rapid City Municipal Code

60.             No. LF061108-18 – First Reading, Ordinance No. 5399, Updating the Alcohol Sales Regulations by Amending Chapter 5.12 of the Rapid City Municipal Code

61.             No. LF061108-19 – First Reading, Ordinance No. 5400, to Create an On-Sale Full-Service Restaurant Alcohol License by Amending Section 5.12.040 and Subsections 5.12.030(A)(2) and 5.12.060(A)(2) of the Rapid City Municipal Code

62.             No. 08RZ019 - First Reading, Ordinance No. 5401, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Donnie Kirschenman for Dreamdak Holdings LLC for a Rezoning from Park Forest District to Medium Density Residential District on Lots 30 thru 32 of Block 119 of the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 815 First Street.

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

64.             No. 08RZ021 - First Reading, Ordinance No. 5403, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from No Use District to Medium Density Residential District on a portion of NE¼ of the SE¼ of Section 29, T1N, R7E, BHM, Pennington County, South Dakota. More fully described as follows: Commencing at the Section ¼ Corner common to Sections 28 and 29, T1N, R7E, BHM, thence S81º22’09”W, a distance of 252.93 feet, to a point on the southerly edge of Portrush Road right-of-way, and the point of beginning; Thence, first course: S00º00’35”W, a distance of 110.00 feet; Thence, second course: N89º59’25”W, a distance of 380.64 feet; Thence, third course: N00º00’35”E, a distance of 110.00 feet, to a point on the southerly edge of Portrush Road right-of-way; Thence, fourth course: S89º59’25”E, along the southerly edge of Portrush Road right-of-way, a distance of 380.64 feet, to the point of beginning, located south of Portrush Road and west of Dunsmore Road.

65.             No. LF043008-23 – Second Reading, Ordinance No. 5388, to Adopt a Policy for the City to Participate in the Cost of Bringing Private Nonconforming Water and Sewer Service Lines up to Current Standards by Adding a New Chapter to Title 13 of the Rapid City Municipal Code

66.             No. LF052808-21 – Second Reading, Ordinance No. 5390, Creating the Position of City Engineer within the Engineering Division by Amending Section 2.44.070 of the Rapid City Municipal Code

Growth Management Department Items

Legal & Finance Committee Items

67.             No. LF061108-15 – Travel Request to attend National League of Cities Winter Conference in Orlando, FL, November 10-15, 2008

68.             No. LF061108-05  Authorize Mayor and Finance Officer to sign Covenant Agreement between the City of Rapid City and Rapid Center, LLC Regarding the Construction of Future Offsite Improvements to Serve its Retail Development

Public Works Committee Items

Bids

69.             No. CC061608-02.1 - Byrnwood Area Streets Project No. ST08-1706 / CIP No. 50721 (opened June 10, 2008)

70.             No. CC061608-02.2 - Meadowbrook Drive Reconstruction Project No. ST08-1708 / CIP No. 50338 (opened June 10, 2008)

71.             No. CC061608-02.3 - Asphalt Paving Repair at Material Recovery Facility / Co-Compost Plant Project No. SWO08-1733 / CIP No. 50731 (opened June 10, 2008)

Mayor’s Items

Council Items & Liaison Reports

72.             Alderman Hurlbut request to reconsider Council Travel Policy; and, Travel Request for Deb Hadcock and Lloyd LaCroix to attend NLC Program, Welches, OR, September 10-13, 2008, in the approximate amount of $5,000

Reconsideration Notices

Motion for Delivery of Items from Committee

73.             Alderman Kooiker request for delivery of a Resolution to Amend the City of Rapid City Travel Policy from the November 28, 2007 Legal Finance Committee meeting

Staff Items

Appeals

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP Committee Items

PUBLIC HEARING ITEMS – Items 74 – 142

Open Public Hearing (comment) -- Items 74 –142

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 74 - 110

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

Continue the following items until July 7, 2008:

74.             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.

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

76.             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.

77.             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.

78.             No. 07PL164 - A request by Arleth & Associates for a Preliminary Plat on Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the Plat of the Days Inn Tract and Burger King Tract a replat of Lot 2 of the Trijowinn Subdivision, located in the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 719 Jackson Boulevard.

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

80.             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.

81.             No. 08CA009 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a portion of the E½ of the SW¼ of the NW¼, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 3 of Block 4 of Big Sky Business Park, common to the southeasterly corner of Lot 2 of Block 4 of Big Sky Business Park, and the point of beginning, Thence, first course: S89º47’32”E, along the southerly boundary of said Lot 3 of Block 4, a distance of 199.60 feet, to the southeasterly corner of said Lot 3 of Block 4; Thence, second course: S89º44’39”E, a distance of 30.00 feet; Thence, third course: S00º06’50”W, a distance of 1025.13 feet, to a point on the northerly boundary of Tract A of F & N Subdivision; Thence, fourth course: N89º48’13”W, along the northerly boundary of said Tract A, a distance of 229.83 feet; Thence, fifth course: N00º07’35”E, a distance of 1025.15 feet, to the southwesterly corner of said Lot 3 of Block 4, common to the southeasterly corner of said Lot 2 of Block 3, and the point of beginning, located east of Elk Vale Road and west of Degeest Drive and south of Berniece Street.

82.             No. 08CA010 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from General Commercial with a Planned Commercial Development to Public on a portion of Tract A of F & N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S89º48’53”E, along the northerly boundary of said Tract A, a distance of 168.32 feet; Thence, second course: S20º15’16”E, a distance of 114.68 feet; Thence, third course: S00º07’35”W, a distance of 571.08 feet; Thence, fourth course: N85º25’19”W, a distance of 207.67 feet, to a point on the westerly boundary of said Tract A; Thence, fourth course: N00º01’18”E, along the westerly boundary of said Tract A, a distance of 662.63 feet, to the northwesterly corner of said Tract A, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Street.

83.             No. 08CA011 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation from Office Commercial with a Planned Commercial Development to Public on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 2 of Block 2 of Neff’s Subdivision, and the point of beginning; Thence, first course: N85º25’19”W, a distance of 207.00 feet; Thence, second course: N00º07’35”E, a distance of 571.08 feet; Thence, third course: S20º15’16”E, a distance of 592.63 feet; Thence, fourth course: S00º09’08”W, a distance of 31.62 feet, to the northwesterly corner of said Lot 2 of Block 2 of Neff’s Subdivision, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

84.             No. 08CA012 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Public on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 1 of Block 1 of Neff’s Subdivision, and to the point of beginning, Thence, first course: N13º51’21”W, a distance of 205.16 feet, to a point on the westerly boundary of Tract A of F & N Subdivision; Thence, second course: S85º25’19”E, a distance of 207.67 feet; Thence, third course: S27º32’45”W, a distance of 198.25 feet, to a point on the northerly boundary of said Lot 1; Thence, fourth course: S84º06’34”W, along the northerly boundary of said Lot 1, a distance of 66.55 feet, to the northwesterly corner of Lot 1 of Block 1 of Neff’s Subdivision, and to the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

85.             No. 08CA013 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Low Density Residential to Office Commercial with a Planned Commercial Development on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly of Tract B of Neff’s Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S89º44’04”E, along the westerly boundary of said Tract A, a distance of 112.99 feet, to a corner on the westerly boundary of said Tract A; Thence, second course: S13º51’21”E, a distance of 205.16 feet, to the northwesterly corner of Block 1 of Neff’s Subdivision V, common to a point on the southerly boundary of said Tract A; Thence, third course: S00º07’01”W, along the southerly boundary of said Tract A, common to the westerly boundary of said Block 1, a distance of 148.23 feet, to a point on the southerly boundary of said Tract A; Thence, fourth course: N89º39’33”W, along the southerly boundary of said Tract A, a distance of 164.80 feet, to the southwesterly corner of said Tract A, common to the easterly boundary of said Tract B; Thence, fifth course: N00º29’28”E, along the westerly boundary of said Tract A, common to the easterly boundary of said Tract B, a distance of 346.97 feet, to the northeasterly of Tract B of Neff’s Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, located east of the northern terminus of Jolly Lane and west of Sweetbriar Street.

86.             No. 08CA014 - A request by Dream Design International, Inc. for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Office Commercial with a Planned Commercial Development to Low Density Residential on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Lot 6 of Block 1 of Neff’s Subdivision No. 2, and the point of beginning, Thence, first course: S89º55’24”W, a distance of 30.00 feet; Thence, second course: N00º04’43”E, a distance of 8.38 feet; Thence, third course: curving to the left, on a curve with a radius of 288.00 feet, a delta angle of 20º19’59”, a length of 102.21 feet, a chord bearing of N10º05’17”W, and chord distance of 101.67 feet; Thence, fourth course: N20º15’16”W, a distance of 5.25 feet; Thence, fifth course: N69º44’43”E, a distance of 50.69 feet; Thence sixth course: curving to the right, on a curve with a radius of 400.00 feet, a delta angle of 20º23’26”, a length of 142.35feet, a chord bearing of N79º56’27”E, and chord distance of 141.60 feet; Thence, seventh course: S89º51’50”E, a distance of 98.10 feet, to a point on the section 1/16th line; Thence, eighth course: S00º06’38”W, along the section 1/16th line, a distance of 155.91 feet, to a point on the northerly boundary of Block 1 of Neff’s Subdivision No. 2; Thence, ninth course: N89º52’44”W, along the northerly boundary of said Block 1 of Neff’s Subdivision No. 2, a distance of 235.17 feet, to the northwesterly corner of said Lot 6 of Block 1 of Neff’s Subdivision No. 2, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

87.             No. 08PL025 - A request by Sperlich Consulting, Inc. for Triple Z Real Estate Development for a Preliminary Plat on Lots 12A and 12B of Block 10 of Elks Country Estates, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 12R of Block 10 of Elks Country Estates, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3522 Sawgrass Court.

88.             No. 08PL030 - A request by Dream Design International Inc. for a Preliminary Plat on Lots 1-8 of Block 1 and 2; Lots 1-33 of Block 3; Tracts A, B, C and D of Block 4; and the Drainage Lot 1, Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

89.             No. 08PL036 - A request by Joe Muth for Doeck, L.L.C. for a Layout Plat on Lot 1 of Block 10 of Auburn Hills Subdivision, located in the NE1/4 NE1/4, less the east 33 feet, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance, located in the  NE1/4 NE1/4, less the east 33 feet, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Bunker Drive.

90.             No. 08PL038 - A request by Sperlich Consulting, Inc. for TK Engesser Investments, LLC for a Preliminary Plat on Lots 1 thru 4 of Engessor Subdivison, located in the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the NE1/4 of the SE1/4, less Lot H1 of the NE1/4 of the SE1/4, less Lot A of the NE1/4 of the SE1/4, less Lot PE1 of the NE1/4 of the SE1/4, and less a portion of a South Dakota owned Railroad Right-of-way, located in the NE1/4 of the SE1/4, Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located southwest of the intersection of South Dakota Highway 44 and Radar Hill Road.

91.             No. 08PL051 - A request by Fisk Land Surveying & Consulting Engineers for Donald and Christine Potts for a Preliminary Plat on Lots 2A, 2B and 2C of Lot 2 of Potts Subdivision, formerly Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Covenant Drive.

92.             No. 08PL053 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 2A, 2B and 2C of Block 3 of Rushmore Crossing, formerly Lots 2 and 3 of Rushmore Crossing, located in the S1/2 of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2 and 3 of Block 3 of Rushmore Crossing, located in the S1/2 of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north side of Eglin Street.

93.             No. 08PL055 - A request by Advanced Engineering for David M. Grundstrom for a Preliminary Plat on Lots 1 of Lot B3 and Lot 2 of B3 of Parcel B of MJK Subdivision, formerly Lot B3 of Parcel B of the MJK Subdivision located in the NW1/4 of the SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B3 of Parcel B of the MJK Subdivision located in the NW1/4 of the SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 4045 Derby Lane.

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

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

96.             No. 08PL066 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 3 of Block 1 of the Gateway Subdivision, located in the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted portion of the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Interstate 90 and south of East Mall Drive.

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

98.             No. 08PL074 - A request by Renner & Associates for Rob Livingston for a Preliminary Plat on Lots 7R and 8 of Strato Rim Estates, located in Government Lot 3  and 4 of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at the northern terminus of Strato Rim Drive.

99.             No. 08RZ007 - Second Reading, Ordinance No. 5381, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from Office Commercial District to General Commercial District on a portion of the E½ of the SW¼ of the NW¼, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the southwesterly corner of Lot 3 of Block 4 of Big Sky Business Park, common to the southeasterly corner of Lot 2 of Block 4 of Big Sky Business Park, and the point of beginning, Thence, first course: S89º47’32”E, along the southerly boundary of said Lot 3 of Block 4, a distance of 199.60 feet, to the southeasterly corner of said Lot 3 of Block 4; Thence, second course: S89º44’39”E, a distance of 30.00 feet; Thence, third course: S00º06’50”W, a distance of 1025.13 feet, to a point on the northerly boundary of Tract A of F & N Subdivision; Thence, fourth course: N89º48’13”W, along the northerly boundary of said Tract A, a distance of 229.83 feet; Thence, fifth course: N00º07’35”E, a distance of 1025.15 feet, to the southwesterly corner of said Lot 3 of Block 4, common to the southeasterly corner of said Lot 2 of Block 3, and the point of beginning, located east of Elk Vale Road and west of Degeest Drive and south of Berniece Street.

100.         No. 08RZ008 - Second Reading, Ordinance No. 5382, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Public District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S89º48’53”E, along the northerly boundary of said Tract A, a distance of 168.32 feet; Thence, second course: S20º15’16”E, a distance of 707.30 feet; Thence, third course: S00º09’08”W, a distance of 31.62 feet, to the northwesterly corner of Block 2 of Neff’s Subdivision No. 2; Thence, fourth course: N85º25’19”W, a distance of 414.67 feet, to a point on the westerly boundary of said Tract A; Thence, fifth course: N00º01’18”E, along the westerly boundary of said Tract A, a distance of 662.63 feet, to the northwesterly corner of said Tract A, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

101.         No. 08RZ009 - Second Reading, Ordinance No. 5383, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from Low Density Residential District to Public District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner Block 2 of Neff’s Subdivision No.2, and the point of beginning, Thence, first course: S00º14’20”W, along the westerly boundary of said Block 2, a distance of 128.02 feet, to the northeasterly corner of Block 1 of Neff Subdivision V; Thence, second course: S84º01’28”W, along the northerly boundary of said Block 1, a distance of 365.67 feet, to the northwesterly corner of said Block 1; Thence, third course: N13º51’21”W, a distance of 205.16 feet, to a corner on the westerly boundary of Tract A of F & N Subdivision; Thence, fourth course: S85º25’19”E, a distance of 414.67 feet, to the northwesterly corner Block 2 of Neff’s Subdivision No.2, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

102.         No. 08RZ010 - Second Reading, Ordinance No. 5384, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from Low Density Residential District to Office Commercial District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly of Tract B of Neff’s Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S89º44’04”E, along the westerly boundary of said Tract A, a distance of 112.99 feet, to a corner on the westerly boundary of said Tract A; Thence, second course: S13º51’21”E, a distance of 205.16 feet, to the northwesterly corner of Block 1 of Neff’s Subdivision V, common to a point on the southerly boundary of said Tract A; Thence, third course: S00º07’01”W, along the southerly boundary of said Tract A, common to the westerly boundary of said Block 1, a distance of 148.23 feet, to a point on the southerly boundary of said Tract A; Thence, fourth course: N89º39’33”W, along the southerly boundary of said Tract A, a distance of 164.80 feet, to the southwesterly corner of said Tract A, common to the easterly boundary of said Tract B; Thence, fifth course: N00º29’28”E, along the westerly boundary of said Tract A, common to the easterly boundary of said Tract B, a distance of 346.97 feet, to the northeasterly of Tract B of Neff’s Subdivision No. 4, common to a corner on the westerly boundary of Tract A of F & N Subdivision, and the point of beginning, located east of the northern terminus of Jolly Lane and west of Sweetbriar Street.

103.         No. 08RZ011 - Second Reading, Ordinance No. 5385, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Office Commercial District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northwesterly corner of Tract A of F & N Subdivision, thence S89º48’53”E, along the northerly boundary of said Tract A, a distance of 168.32 feet, to the point of beginning; Thence, first course: S89º47’42”E, along the northerly boundary of said Tract A, a distance of 701.98 feet, to section 1/16th corner; Thence, second course: S00º06’38”W, along the section 1/16th line, a distance of 537.65 feet; Thence, third course: N89º51’50”W, a distance of 98.10 feet; Thence, fourth course: curving to the left, on a curve with a radius of 400.00 feet, a delta angle of 20º23’26”, a length of 142.35 feet, a chord bearing of S79º56’27”W, and chord distance of 141.60 feet; Thence, fifth course: S69º44’43”W, a distance of 50.69 feet; Thence, sixth course: S20º15’16”E, a distance of 5.25 feet; Thence, seventh course: curving to the right, on a curve with a radius of 288.00 feet, a delta angle of 20º19’59”, a length of 102.21 feet, a chord bearing of S10º05’17”E, and chord distance of 101.67 feet; Thence, eighth course: S00º04’43”W, a distance of 8.38 feet, to a point on the southern boundary of said Tract A; Thence, ninth course: S89º55’23”W, along the southerly boundary of said Tract A, a distance of 29.49 feet, to the northeasterly corner of Block 2 of Neff’s Subdivision No. 2; Thence, tenth course: N89º50’11”W, along the southerly boundary of said Tract A, common to the northerly boundary of said Block 2, a distance of 161.21 feet, to the a southerly corner of said Tract A, common to the northwesterly corner of said Block 2; Thence, eleventh course: N00º09’08”E, a distance of 31.62 feet; Thence, twelfth course: N20º15’16”W, a distance of 707.30 feet, to a point on the northerly boundary of said Tract A, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

104.         No. 08RZ012 - Second Reading, Ordinance No. 5386, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Dream Design International, Inc. for a Rezoning from General Agriculture District to Low Density Residential District on a portion of Tract A of F&N Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, More fully described as follows: Commencing at the northeasterly corner of Tract A of F & N Subdivision, and the point of beginning, Thence, first course: S00º07’40”W, a distance of 25.77 feet, to the northwesterly corner of Block 12 of Big Sky Subdivision; Thence, second course: S00º07’40”W, along the westerly boundary of said Block 12, a distance of 144.58 feet; Thence, third course: S71º37’02”W, along the westerly boundary of said Block 12, common to the easterly boundary of said Tract A, a distance of 14.49 feet; Thence, fourth course: S40º22’12”E, along the westerly boundary of said Block 12,  a distance of 920.50 feet; Thence, fifth course: S18º55’40”E, along the westerly boundary of said Block 12, a distance of 55.05 feet; Thence, sixth course: S22º39’24”E, along the westerly boundary of said Block 12, a distance of 54.51 feet; Thence, seventh course: S05º44’23”E, along the westerly boundary of said Block 12, a distance of 47.63 feet; Thence, eighth course: N89º57’36”E, along the westerly boundary of said Block 12, a distance of 92.82 feet, to the northwesterly corner of Lot 1 of Block 10 of Big Sky Subdivision; Thence, ninth course: S00º00’05”W, along the westerly boundary of said Lot 1 of Block 10, a distance of 115.16 feet, to the southwesterly corner of said Lot 1 of Block 10; Thence, tenth course: S00º00’05”W, a distance of 52.00 feet, to the northwesterly corner Lot 1 of Block 9 of Big Sky Subdivision; Thence, eleventh course: S00º00’05”W, along the westerly boundary of said Lot 1 of Block 9, a distance of 134.71 feet, to a point on the southwesterly corner of said Lot 1 of Block 9; Thence, twelfth course: N89º47’43”W, along the northerly boundary of Lot 31 of Degeest Subdivision, a distance of 252.04 feet, to the northwesterly corner of said Lot 31 of Degeest Subdivision; Thence, thirteenth course: N89º47’43”W, a distance of 63.00 feet, to the northeasterly  boundary of  Block 1 of Mack Subdivision; Thence, fourteenth course: N89º47’43”W, along the northerly boundary of said Block 1 of Mack Subdivision, a distance of 399.97 feet, to the northwesterly corner of said Block 1 of Mack Subdivision; Thence, fifteenth course: N00º12’35”E, a distance of 631.94 feet, to the northeasterly corner Block 1 of Neff’s Subdivision No. 2; Thence, sixteenth course: N89º52’44”W, along the northerly boundary of said Block 1 said Neff’s Subdivision No. 4, a distance of 468.56 feet, to the northwesterly corner of said Block 1 of Neff’s Subdivision No. 2; Thence, seventeenth course: S89º55’24”W, a distance of 30.00 feet; Thence, eighteenth course: N00º04’43”E, a distance of 8.38 feet; Thence, nineteenth course: curving to the left, on a curve with a radius of 288.00 feet, a delta angle of 20º19’59”, a length of 102.21 feet, a chord bearing of N10º05’17”W, and chord distance of 101.67 feet; Thence, twentieth course: N20º15’16”W, a distance of 5.25 feet; Thence, twenty-first course: N69º44’43”E, a distance of 50.69 feet; Thence twenty-second course: curving to the right, on a curve with a radius of 400.00 feet, a delta angle of 20º23’26”, a length of 142.35 feet, a chord bearing of N79º56’27”E, and chord distance of 141.60 feet; Thence, twenty-third course: S89º51’50”E, a distance of 98.10 feet, to a point on the section 1/16th line; Thence, twenty-fourth course: N00º06’38”E, along the section 1/16th line, a distance of 537.65 feet, to the section 1/16th corner, common to a point on the northerly boundary of said Tract A; Thence, twenty-fifth course: S89º48’43”E, along the northerly boundary of said Tract A, a distance of 226.22 feet, to the northeasterly corner of Tract A of F & N Subdivision, and the point of beginning, located southwest of the intersection of Big Sky Drive and Degeest Drive and east of Elk Vale Road.

105.         No. 08SV014 - A request by Dream Design International Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Sweetbriar Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1-8 of Block 1 and 2; Lots 1-33 of Block 3; Tracts A, B, C and D of Block 4; and the Drainage Lot 1, Homestead Plaza Subdivision, located in the S1/2 NW1/4 and in the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract A of F&N Subdivision, the balance of the E1/2 SW1/4 NW1/4, the balance of the SE1/4 NW1/4, located in the S1/2 NW1/4 and the N1/2 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Timmons Boulevard, south of Neel Street and west of Big Sky Drive.

106.         No. 08SV024 - A request by Fisk Land Surveying & Consulting Engineers for Donald and Christine Potts for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and street light conduit along Catron Boulevard and Covenant Drive and to waive the requirement to install pavement, curb, gutter, water, sewer, sidewalk and street light conduit and dedicate Right-of-way along the section line Right-of-way and to waive sidewalk along a portion of Covenant Drive as per Chapter 16 of the Rapid City Municipal Code on Lots 2A, 2B and 2C of Lot 2 of Potts Subdivision, formerly Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Potts Subdivision, located in the SW1/4 SW/14 SE1/4 and SE1/4 SW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Covenant Drive.

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

108.         No. 08SV030 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer and to reduce the width of the access easement from 59 feet to 26 feet; to waive the requirement to install sidewalk along the north side of East Mall Drive; to waive the requirement to install asphalt, curb, gutter, sidewalk, street light conduit, water, sewer and additional right-of-way along Beale Street; and, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Interstate 90 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3 of Block 1 of the Gateway Subdivision, located in the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted portion of the SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Interstate 90 and south of East Mall Drive.

109.         No. 08SV032 - 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 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 7R and 8 of Strato Rim Estates, located in Government Lot 3  and 4  of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at the northern terminus of Strato Rim Drive.

Continue the following items until July 21, 2008:

110.         No. 08SV007 - A request by Craig and Tamara Mestad for a Variance to the Subdivision Regulations to waive the requirement to install, curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Sammis Trail and Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B C and D of Tract 20 of Highview Subdivision, located in the SE1/4 NE1/4 SE1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 20 of Highview Subdivision, NE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1445 Sammis Trail.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 74 – 142

CONSENT PUBLIC HEARING ITEMS – Item 111 - 131

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

Growth Management Items

Alcohol Licenses

            2008 – 2009 Retail (On-Off Sale) Malt Beverage License with Video Lottery

111.         Dave & Linda Handley dba Hot Spot Casino, 420 E. St. Patrick, Ste. 107 for Retail (On-Off Sale) Malt Beverage License with Video Lottery

112.         B S Corp., Inc. dba Casa Re-al, 2315 1 / 2 Mt. Rushmore Road for Retail (On-Off Sale) Malt Beverage License with Video Lottery

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

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

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

115.         CEC Entertainment, Inc. dba Chuck E Cheese’s, 30 Knollwood Drive for Retail (On-Off Sale) Malt Beverage License NO Video Lottery

116.         NPC International, Inc. dba Pizza Hut No. 2776, 2604 West Main Street for Retail (On-Off Sale) Malt Beverage License NO Video Lottery

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

118.         Rapid City Softball Association dba Star of the West Complex, 1511 Sedivy Lane for Retail (On-Off Sale) Malt Beverage License NO Video Lottery

            2008 – 2009 Package (Off Sale) Malt Beverage License

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

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

121.         Cigarette Chain, Inc. dba Cigarette Chain, 1903 North Maple Avenue for Package (Off Sale) Malt Beverage License

122.         Wal-Mart Stores, Inc. dba Wal-Mart Super Center, 1200 N. LaCrosse Street for Package (Off Sale) Malt Beverage License

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

124.         Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled July 8, 2008 in the 7TH Street public right-of-way between Main Street and Saint Joseph Street and Art Alley

125.         Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled August 12, 2008 at Great Western Bank, 14 Saint Joseph Street

126.         Rapid City Area Chamber of Commerce for a Special Event Beer and Wine License for an event scheduled August 21, 2008 at Western Mailers, 224 East Saint Joseph Street

127.         Cortez, LLC dba Alex Johnson Hotel, 523 Sixth Street for a Retail (On-Sale) Liquor License, Sunday on-sale TRANSFER from Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street

128.         Cortez, LLC dba Alex Johnson Hotel, 523 Sixth Street for a Retail (On-Off Sale) Malt Beverage License, NO Video Lottery TRANSFER from Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street

129.         Cortez, LLC dba Alex Johnson Hotel, 523 Sixth Street for a Package (Off-Sale) Liquor License TRANSFER from Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street

130.         Heartland Entertainment, LLC dba Heartland Entertainment, 262 N. Cambell Street for Retail (On-Off Sale) Malt Beverage License NO Video Lottery  (CONTINUE HEARING TO JULY 7, 2008, PLANNING COMMISSION MUST APPROVE CONDITIONAL USE PERMIT)

131.         World Class Golf, Inc. dba World Class Golf, 5622 Sheridan Lake Rd., #105 for Retail (On-Off Sale) Malt Beverage License NO Video Lottery TRANSFER World Class Golf, Inc. dba World Class Golf, 2130 Jackson Blvd. (CONTINUE HEARING TO JULY 21, 2008, PLANNING COMMISSION MUST APPROVE CONDITIONAL USE PERMIT)

Assessment Rolls

Other Items Requiring Public Hearings

END OF CONSENT PUBLIC HEARING CALENDAR

NON-CONSENT PUBLIC HEARING ITEMS – Items 132 - 142

132.         No. 08FV005A request by Luond, Inc. for Loren & Roberta Symonds to consider an application for a Fence Height Exception to allow a fence over four feet in the front and side yard setback on Lots 11 thru 13 of Block 3 of West Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1404 West Boulevard.

133.         No. 08CA016A request by City of Rapid City to consider an application for an Amendment to the Adopted Comprehensive Plan to revise the Major Street Plan by relocating a collector street on Lots 1 and 2 of Potts Subdivision, located in that portion of the S1/2 SW1/4 SE1/4, Section 22, T1N, R7E; and the W1/2 N1/2 NE1/4 less Utility Subdivision, less Lots H1, H2 and H3, and less Right-of-way, located in the NW1/4 NE1/4, Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of Catron Boulevard and west of Haugo Drive.

134.         No. 08CA017 - A request by Double RF Development Co., LLC for an Amendment to the Adopted Comprehensive Plan to revise the Future Land Use plan from Light Industrial to General Commercial on Lot 1 of BHP Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Deadwood Avenue and West Chicago Street.

135.         No. 08CA018 - A request by Double RF Development Co., LLC for an Amendment to the Adopted Comprehensive Plan to revise the Future Land Use plan from Light Industrial to General Commercial on a parcel of land, hereon referred to as Lot B located in Lot 3, NW1/4 SE1/4, Section 34, T2N, R7E, commencing at the northwesterly corner of said Lot 3 and the point of beginning. Thence: a bearing of N89º38’00”E and a distance of 158.76 feet along the northerly line of said Lot B; Thence: a bearing of S42º49’00”E and a distance of 117.54 feet along the easterly line of said Lot B, which is coincident with the westerly Right of way line of Deadwood Avenue; Thence: a bearing of S35º40’00”E and a distance of 114.63 feet along said easterly line of said Lot B; Thence: a bearing of S89º42’00”W and a distance of 304.40 feet along the southerly line of said Lot B; Thence: a bearing of N00º20’50”W and a distance of 179.93 feet along the westerly line of said Lot B, to the point of beginning, said Lot B contains 0.98 acres of land, more or less; and, Lot 1, all located in BHP Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Deadwood Avenue and West Chicago Street.

136.         No. 08CA019 - A request by Sperlich Consulting, Inc. for Doeck, LLC for an Amendment to the Adopted Comprehensive Plan to revise the Future Land Use Plan to change the land use designation from Park Forest District to Low Density Residential District on a portion of the SE¼ of the NE¼, and a portion of the NE¼ of the SE¼, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning; Thence, first course: S00º02’25”W, along the Section Line common to said Sections 13 and 14, a distance of 338.77 feet; Thence, second course:  N46º19’06”W, a distance of 364.65 feet; Thence, third course: N00º21’21”W, a distance of 576.95 feet; Thence, fourth course: N14º28’41”W, a distance of 182.07 feet; Thence, fifth course: N00º21’21”W, a distance of 85.00 feet; Thence, sixth course:  N00º07’31”W, a distance of 52.00 feet; Thence, seventh course: N89 52’29”E, a distance of 0.75 feet; Thence, eighth course: N00º07’31”W, a distance of 111.82 feet; Thence, ninth course: N89º52’29”E, a distance of 130.75 feet; Thence, tenth course:  S00º07’31”E, a distance of 11.82 feet; Thence, eleventh course: N89º52’29”E, a distance of 185.16 feet, to a point on the Section Line common to said Sections 13 and 14; Thence, twelfth course: S00º10’27”W, along the Section Line common to said Sections 13 and 14, a distance of 904.01 feet, to the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning, located at the western terminus of Auburn Drive.

137.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2R and 3R, formerly Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, located at 6417 South Canyon Road. (08SV031)

138.         No. 08SV031 - A request by Michael and Susan Bergstresser and Elmer E. and Barbara Storm for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2R and 3R, formerly Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lots 2 thru 6 less Lot H1, located in the SE1/4 of the NW1/4, Section 31, T2N, R7E, BHM, Pennington County, South Dakota, located at 6417 South Canyon Road.

139.         No. 08RZ015 - Second Reading, Ordinance No. 5384, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Double RF Development Co., LLC for a Rezoning from Light Industrial District to General Commercial District on Lot 1 of BHP Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Deadwood Avenue and West Chicago Street.

140.         No. 08RZ016 - Second Reading, Ordinance No. 5395, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Double RF Development Co., LLC for a Rezoning from Light Industrial District to General Commercial District on a parcel of land, hereon referred to as Lot B located in Lot 3, NW1/4 SE1/4, Section 34, T2N, R7E, commencing at the northwesterly corner of said Lot 3 and the point of beginning. Thence: a bearing of N89º38’00”E and a distance of 158.76 feet along the northerly line of said Lot B; Thence: a bearing of S42º49’00”E and a distance of 117.54 feet along the easterly line of said Lot B, which is coincident with the westerly Right of way line of Deadwood Avenue; Thence: a bearing of S35º40’00”E and a distance of 114.63 feet along said easterly line of said Lot B; Thence: a bearing of S89º42’00”W and a distance of 304.40 feet along the southerly line of said Lot B; Thence: a bearing of N00º20’50”W and a distance of 179.93 feet along the westerly line of said Lot B, to the point of beginning, said Lot B contains 0.98 acres of land, more or less; and, Lot 1, all located in BHP Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Deadwood Avenue and West Chicago Street.

141.         No. 08RZ017 - Second Reading, Ordinance No. 5396, An Ordinance Amending Section 17.06 of Chapter 17 of the Rapid City Municipal Code, Rezoning the within Described Property as requested by Sperlich Consulting, Inc. for Doeck, LLC for a Rezoning from No Use District to Low Density Residential District on a portion of the SE¼ of the NE¼, and a portion of the NE¼ of the SE¼, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning; Thence, first course: S00º02’25”W, along the Section Line common to said Sections 13 and 14, a distance of 338.77 feet; Thence, second course:  N46º19’06”W, a distance of 364.65 feet; Thence, third course: N00º21’21”W, a distance of 576.95 feet; Thence, fourth course: N14º28’41”W, a distance of 182.07 feet; Thence, fifth course: N00º21’21”W, a distance of 85.00 feet; Thence, sixth course:  N00º07’31”W, a distance of 52.00 feet; Thence, seventh course: N89 52’29”E, a distance of 0.75 feet; Thence, eighth course: N00º07’31”W, a distance of 111.82 feet; Thence, ninth course: N89º52’29”E, a distance of 130.75 feet; Thence, tenth course:  S00º07’31”E, a distance of 11.82 feet; Thence, eleventh course: N89º52’29”E, a distance of 185.16 feet, to a point on the Section Line common to said Sections 13 and 14; Thence, twelfth course: S00º10’27”W, along the Section Line common to said Sections 13 and 14, a distance of 904.01 feet, to the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning, located at the western terminus of Cobalt Drive.

142.         No. 08RZ018 - Second Reading, Ordinance No. 5397, 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 SE1/4 of the NE1/4, and the NE1/4 of the SE1/4, and the SE1/4 of the SE1/4, all Section 14; and the NE1/4 of the NE1/4 of Section 23; all less the East 33 feet previously annexed and less A portion of the SE¼ of the NE¼, and a portion of the NE¼ of the SE¼, Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning; Thence, first course: S00º02’25”W, along the Section Line common to said Sections 13 and 14, a distance of 338.77 feet; Thence, second course:  N46º19’06”W, a distance of 364.65 feet; Thence, third course: N00º21’21”W, a distance of 576.95 feet; Thence, fourth course: N14º28’41”W, a distance of 182.07 feet; Thence, fifth course: N00º21’21”W, a distance of 85.00 feet; Thence, sixth course:  N00º07’31”W, a distance of 52.00 feet; Thence, seventh course: N89 52’29”E, a distance of 0.75 feet; Thence, eighth course: N00º07’31”W, a distance of 111.82 feet; Thence, ninth course: N89º52’29”E, a distance of 130.75 feet; Thence, tenth course:  S00º07’31”E, a distance of 11.82 feet; Thence, eleventh course: N89º52’29”E, a distance of 185.16 feet, to a point on the Section Line common to said Sections 13 and 14; Thence, twelfth course: S00º10’27”W, along the Section Line common to said Sections 13 and 14, a distance of 904.01 feet, to the easterly ¼ section corner of Section 14, T2N, R7E, BHM, common with the westerly ¼ section corner of Section 13, T2N, R7E, BHM, and the Point of Beginning, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Bunker Drive and west of Haines Avenue.

BILLS

143.         No. CC061608-01 – Bill List for June 16, 2008

EXECUTIVE SESSION permitted by SDCL 1-25-2

STAFF DIRECTION

ADJOURN