Council Agenda

APPROVE MINUTES of January 3, 2006

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1. Citizen of the Month for January, 2006

2. Veteran of the Month for January, 2006

3. Employee Awards

GENERAL PUBLIC COMMENT

A time for members of the public to discuss or express concerns to the Council on any issue, not limited to items 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. Timing lights will be used, three minute time limit per speaker.

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

4. No. LF113005-02 Business Improvement District created in the City of Rapid City.

5. No. LF121405-20 Assessment Roll for Property Cleanup.

6. No. PW121305-14 Resolution of Necessity for Clark Street Sanitary Sewer Extension Project SS05-1480.

7. No. PW121305-13 Resolution of Necessity for Hall Street Sanitary Sewer Extension Project Number SS05-1482.

8. No. 04CA029 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change a Minor Arterial Street to a Collector Street on the Major Street Plan on the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

9. No. 05CA044 - A request by Larry Nelson for an Amendment to the Comprehensive Plan by amending the North Rapid Neighborhood Area Future Land Use Plan to change the designation on an .53 acre parcel from Low Density Residential to Medium Density Residential on all of Block 55, except the S81/2 feet of Mahoney Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 222 Doolittle Street.

10. No. 05CA045 - A request by Baffuto Architectura for Destiny Foursquare Church for an Amendment to the Comprehensive Plan by revising the North Rapid Area Future Land Use Plan to change the land use designation on a 3.109 acres parcel from Light Industrial to General Commercial on Lots 1 and 2 of Buckingham Addition all located in the N1/2 of the NW1/4 of the SE1/4 of the SE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 901 and 927 East Philadelphia Street.

11. No. 05CA051 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to amend the Major Street Plan by revising the alignment of Minnesota Street on Sections 15, 16, 21 and 22,T1N, R8E, BHM, Pennington County, South Dakota, located south of Plum Creek Subdivision and Elks Country Estates.

12. No. 05PD054 - A request by Centerline for Brett & Patricia Lawlor for a Planned Residential Development - Initial and Final Plan on Lots 1, 2 and 3, Block 5, Schamber Addition, SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4114 Sunset Drive.

13. No. 05SV082 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional Right-of-Way as per Chapter 16.16 of the Rapid City Municipal Code on the unplatted portion of the SE1/4 of the NW1/4 and the SW1/4 of the NE1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of East Catron Boulevard and Fifth Street.

14. No. 05SV086 - 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 additional pavement width along Catron Boulevard as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2A and 2B of Block 1, Black Hills Center, formerly the unplatted portion of the SE1/4 NW1/4 and the SW1/4 NE1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the SE1/4 NW1/4 and the SW1/4 NE1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Catron Boulevard and Fifth Street.

LEGAL & FINANCE COMMITTEE ITEMS

15. No. 05TI016 Approve the project plan with amendments for a Tax Increment District No. 57 - Project Plan on the W1/2 SW1/4, less Plum Creek Subdivision and including Elk Vale Road right-of-way, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southern terminus of South Valley Drive.

PUBLIC WORKS COMMITTEE ITEMS

16. No. PW011006-17 Acknowledge the written report on the update on Airport bylaws and meeting procedures; and the verbal report from City Attorney Green.

GROWTH MANAGEMENT DEPARTMENT ITEMS

17. No. 04PL097 - A request by Dream Design International, Inc. for a Layout Plat on Hyland Park Subdivision, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

18. No. 04SV042 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, pavement, sewer, water and street light conduit; to waive the requirement to dedicate additional right-of-way; and, to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

19. No. 05PL129 - A request by Buescher Frankenberg Associates, Inc. for Wal-Mart Stores, Inc. for a Layout Plat on Lots 1 through 6, Wal-Mart Second Addition Subdivision, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land located in Sections 34 and 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, a ½ inch pipe, thence S00º02’58”E along the section 1/16 line, a distance of 868.95 feet to the Point of Beginning; Thence first course: S00º02’58”E along the section 1/16 line, a distance of 467.74 feet to the southeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, a 5/8” rebar w/cap “4225”; Thence second course: S00º02’58”E along the section 1/16 line a distance of 1331.33 feet to a 5/8” rebar w/cap “4225”, which is the southeast corner of the SW¼ of NW¼ of Section 35, T1N, R7E, BHM; Thence third course: N89º24’46”W along the east-west Section ¼ line of same Section 35, a distance of 1326.32 feet to a 5/8” rebar w/cap “4225” which is the west Section ¼ corner of Section 35, T1N, R7E, BHM; Thence fourth course: S89º42’51”W, a distance of 104.64 feet along the east-west Section ¼ line of Section 34, T1N, R7E, BHM to a 5/8” rebar w/cap “4225” located on the east right of way line of South Dakota Highway 16 and the beginning of a nontangent curve, concave to the northwest, having a radius of 2492.00 feet, a delta angle of 15º55’17”, a chord bearing of N15º16’33”E, and a chord length of 690.25 feet; Thence fifth course: Northeasterly along said curve and the east right of way of South Dakota Highway 16, through an angle of 15º55’17”, and an arc length of 692.47 feet to a 5/8” rebar w/cap “4225” which is the beginning of a nontangent line; Thence sixth course: N82º41’04”W along the east right of way of South Dakota Highway 16, a distance of 50.00 feet to a 5/8” rebar w/cap “4225”; Thence seventh course: N07º18’56”E along the east right of way line of South Dakota Highway 16, a distance of 658.85 feet to a 5/8” rebar w/cap “4225”; Thence eighth course: N07º18’56”E, along the east right of way line of South Dakota Highway 16, a distance of 598.55 feet; Thence ninth course: S83º18’29”E a distance of 1144.76 feet to the Point of Beginning, all located in the W½ of the NW¼ of Section 35, T1N, R7E, BHM, and in the SE¼ of the NE¼ of Section 34, T1N, R7E, BHM, Pennington County, South Dakota. Said parcel contains 53.717 acres, more or less, located east of U.S. Highway 16 and north of Sammis Trail.

20. 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 and sewer along U.S. Highway 16 and pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the existing Sammis Trail as they abut a tract of land located in Sections 34 and 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, a ½ inch pipe, thence S00º02’58”E along the section 1/16 line, a distance of 868.95 feet to the Point of Beginning; Thence first course: S00º02’58”E along the section 1/16 line, a distance of 467.74 feet to the southeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, a 5/8” rebar w/cap “4225”; Thence second course: S00º02’58”E along the section 1/16 line a distance of 1331.33 feet to a 5/8” rebar w/cap “4225”, which is the southeast corner of the SW¼ of NW¼ of Section 35, T1N, R7E, BHM; Thence third course: N89º24’46”W along the east-west Section ¼ line of same Section 35, a distance of 1326.32 feet to a 5/8” rebar w/cap “4225” which is the west Section ¼ corner of Section 35, T1N, R7E, BHM; Thence fourth course: S89º42’51”W, a distance of 104.64 feet along the east-west Section ¼ line of Section 34, T1N, R7E, BHM to a 5/8” rebar w/cap “4225” located on the east right of way line of South Dakota Highway 16 and the beginning of a nontangent curve, concave to the northwest, having a radius of 2492.00 feet, a delta angle of 15º55’17”, a chord bearing of N15º16’33”E, and a chord length of 690.25 feet; Thence fifth course: Northeasterly along said curve and the east right of way of South Dakota Highway 16, through an angle of 15º55’17”, and an arc length of 692.47 feet to a 5/8” rebar w/cap “4225” which is the beginning of a nontangent line; Thence sixth course: N82º41’04”W along the east right of way of South Dakota Highway 16, a distance of 50.00 feet to a 5/8” rebar w/cap “4225”; Thence seventh course: N07º18’56”E along the east right of way line of South Dakota Highway 16, a distance of 658.85 feet to a 5/8” rebar w/cap “4225”; Thence eighth course: N07º18’56”E, along the east right of way line of South Dakota Highway 16, a distance of 598.55 feet; Thence ninth course: S83º18’29”E a distance of 1144.76 feet to the Point of Beginning, all located in the W½ of the NW¼ of Section 35, T1N, R7E, BHM, and in the SE¼ of the NE¼ of Section 34, T1N, R7E, BHM, Pennington County, South Dakota. Said parcel contains 53.717 acres, more or less, located east of U.S. Highway 16 and north of Sammis Trail. (05SV078)

21. No. 05SV078 - A request by BFA, Inc. for Wal-Mart Stores, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water and additional pavement and to waive the requirement to dedicate additional Right-of-Way as per Chapter 16.16 of the Rapid City Municipal Code on a tract of land located in Sections 34 and 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, a ½ inch pipe, thence S00º02’58”E along the section 1/16 line, a distance of 868.95 feet to the Point of Beginning; Thence first course: S00º02’58”E along the section 1/16 line, a distance of 467.74 feet to the southeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, a 5/8” rebar w/cap “4225”; Thence second course: S00º02’58”E along the section 1/16 line a distance of 1331.33 feet to a 5/8” rebar w/cap “4225”, which is the southeast corner of the SW¼ of NW¼ of Section 35, T1N, R7E, BHM; Thence third course: N89º24’46”W along the east-west Section ¼ line of same Section 35, a distance of 1326.32 feet to a 5/8” rebar w/cap “4225” which is the west Section ¼ corner of Section 35, T1N, R7E, BHM; Thence fourth course: S89º42’51”W, a distance of 104.64 feet along the east-west Section ¼ line of Section 34, T1N, R7E, BHM to a 5/8” rebar w/cap “4225” located on the east right of way line of South Dakota Highway 16 and the beginning of a nontangent curve, concave to the northwest, having a radius of 2492.00 feet, a delta angle of 15º55’17”, a chord bearing of N15º16’33”E, and a chord length of 690.25 feet; Thence fifth course: Northeasterly along said curve and the east right of way of South Dakota Highway 16, through an angle of 15º55’17”, and an arc length of 692.47 feet to a 5/8” rebar w/cap “4225” which is the beginning of a nontangent line; Thence sixth course: N82º41’04”W along the east right of way of South Dakota Highway 16, a distance of 50.00 feet to a 5/8” rebar w/cap “4225”; Thence seventh course: N07º18’56”E along the east right of way line of South Dakota Highway 16, a distance of 658.85 feet to a 5/8” rebar w/cap “4225”; Thence eighth course: N07º18’56”E, along the east right of way line of South Dakota Highway 16, a distance of 598.55 feet; Thence ninth course: S83º18’29”E a distance of 1144.76 feet to the Point of Beginning, all located in the W½ of the NW¼ of Section 35, T1N, R7E, BHM, and in the SE¼ of the NE¼ of Section 34, T1N, R7E, BHM, Pennington County, South Dakota. Said parcel contains 53.717 acres, more or less, located east of U.S. Highway 16 and north of Sammis Trail.

ORDINANCES & RESOLUTIONS

22. No. LF011106-11 First Reading, Ordinance No. 5126 Establishing Business Improvement District No. 1 by Adding Chapter 3.24 to the Rapid City Municipal Code with the deletion of Section 3.24.112.

23. No. LF011106-07 First Reading, Ordinance No. 5127 Regarding Supplemental Appropriation No. 2 for 2006.

24. No. LF011106-18 First Reading, Ordinance No. 5128 Creating the Opportunity Capture Fund Oversight Board by Adding Chapter 3.32 to the Rapid City Municipal Code

25. No. 05RZ064 First Reading, Ordinance No. 5129, a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on the following parcels of land: the SW1/4 NW1/4; the northern most 210 feet of the SE1/4 SW1/4 SW1/4; the NE1/4 SW1/4 SW1/4; the northern most 870 feet of the SE1/4 SW1/4; the E1/2 NW1/4 SW1/4; the SE1/4 NE1/4 SW1/4; and the W1/2 NE1/4 SW1/4 all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington, located south of Interstate 90 and east of Elk Vale Road.

26. No. 05RZ065 First Reading, Ordinance No. 5130, a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the following parcels of land: the SE1/4 NW1/4; the NW1/4 SE1/4; and the NE1/4 SE1/4 all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road.

27. No. 05RZ066 First Reading, Ordinance No. 5131, a request by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on a parcel of land described as the NE1/4 NE1/4 SW1/4, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and East Elk Vale Road.

28. No. 05RZ067 First Reading, Ordinance No. 5132, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on the following parcels of land: the north 200 feet of Lot 1 of Neff's Subdivision No. 3; the eastern most 440 feet and southern most 450 feet of the SW1/4 SW1/4 lying east of Lot1, Neff's Subdivision all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of East Anamosa Street and Elk Vale Road.

29. No. 05RZ068 First Reading, Ordinance No. 5133, a request by City of Rapid City for a Rezoning from No Use District to Office Commercial District on the following parcels of land: the southern most 450 feet of the SE1/4 SW1/4; the W1/2 NW1/4 SW1/4; and the NW1/4 SW1/4 SW1/4 all located in Section 34, T2N, R8E; and the north 670 feet of the NE1/4 NW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of East Anamosa Street and Elk Vale Road.

30. No. 05RZ069 First Reading, Ordinance No. 5134, a request by Boschee Engineering for a Rezoning from Low Density Residential District to General Commercial District on a parcel of land located in a portion of the NW1/4 SW1/4, lying south of Catron Boulevard, in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: Beginning at the northeast corner of said NW1/4 SW1/4, Thence S26º10’06”W, 609.71 feet to the true point of beginning, said point is lying on the south right-of-way line of Catron Boulevard; Thence departing said south right-of-way line, S25º54’04”W, 195.40 feet; Thence N70º48’41”W, 292.78 feet to a point lying on the easterly right-of-way line of Bendt Drive as shown on the final plat of Stoney Creek South Subdivision; said point is also lying on a curve concave to the southeast and whose chord bears N44º11’25”E, 11.07 feet; Thence northerly along the arc of said curve to the right whose radius is 174.00 feet; and whose delta angle is 03º38’45”, an arc distance of 11.07 feet to a point of reversed curvature; Thence continuing northerly along said easterly right-of-way line of Bendt Drive the following two courses; Thence northerly along the arc of said curve to the left whose radius is 226.00 feet, and whose delta angle is 33º41’44”, an arc distance of 132.91 feet to a point of tangency; Thence N12º19’03”E, 57.83 feet to a point lying on the southerly right-of-way line of Catron Boulevard; Said point is also lying on a curve concave to the southwest and whose chord bears S70º20’35”E, 295.17 feet; Thence southeasterly along said right-of-way line and along the arc of said curve to the right whose radius is 1356.92 feet, and whose delta angle is 12º29’18”, an arc distance of 295.76 feet to the true point of beginning, containing 1.302 acres more or less., legally described as the unplatted balance of the N1/2 NW1/4 SW1/4; and a portion of the S1/2 NW1/4 SW1/4, less Stoney Creek South Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Catron Boulevard and Bendt Drive.

31. No. 04RZ037 Second Reading, Ordinance No. 4079, a request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on a parcel of land located in the W1/2 SE1/4 and the SE1/4SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

32. No. 05RZ061 Second Reading, Ordinance No. 5123, a request by Larry Nelson for a Rezoning from Low Density Residential District to Medium Density Residential District on all of Block 55, except the S81/2 feet of Mahoney Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 222 Doolittle Street.

33. No. 05RZ062 Second Reading, Ordinance No. 5124, a request by Dream Design International for a Rezoning from General Agriculture District to Low Density Residential District on Lots 1-18 of Block 1; Lots 1-21 of Block 2; Lots 1-16 of Block 3; Lots 1-7 of Block 4; the Dedicated Right-of-Way and a portion of the E1/2 of the NE1/4 all located in Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Parkview Drive and Enchanted Pines Drive.

34. No. 05RZ063 Second Reading, Ordinance No. 5125, a request by Baffuto Architectura for Destiny Foursquare Church for a Rezoning from Light Industrial District to General Commercial District on Lots 1 and 2 of Buckingham Addition all located in the N1/2 of the NW1/4 of the SE1/4 of the SE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 901 and 927 East Philadelphia Street.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 35-51

Consists of items that need to be continued because they are not currently ready for action.

Request of Council Members to Remove Items from the Continued Consent Calendar

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Continue the following items until February 6, 2006:

35. No. 05PL180 - A request by D.C. Scott Co. Land Surveyors for Timberline Corporation for a Preliminary Plat on Lots 1 and 2, Tract G, Fountain Springs Business Park, located in the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract G, Fountain Springs Business Park, located in the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north side of South Plaza Drive at juncture with Plaza Boulevard.

36. No. 05PL201 - A request by Russell Johnson for Sandra Kadis for a Preliminary Plat on Lots 5R and 7R, Strato Rim Estates Subdivision, located in Government Lots 3 and 4 of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 5 and 7, Strato Rim Estates Subdivision, located in Government Lots 3 and 4 of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at the western terminus of Strato Rim Drive.

37. No. 05PL231 - A request by Dream Design International, Inc. for a Layout Plat on Lots 28 and 29 of Forest Park Estates Subdivision, formerly Lot 25R of Forest Park Estates Subdivision and all of Lot B Revised of the E1/2 of the SW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 25R of Forest Park Estates Subdivision and all of Lot B Revised of the E1/2 of the SW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4231 Starlite Drive.

38. No. 05PL232 - A request by Dennis Johnson for a Preliminary Plat on Lots A and B of Tract 4 Revised of Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Tract 4 Revised of Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, located at 2600 Cavern Road.

39. No. 05PL241 - A request by FMG Engineering for West River Elect for a Preliminary Plat on Lots 1 and 2 of West River Electric Association Subdivision, located in the NW1/4 NE1/4, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the Plat of Lot 1 and Lot 2 of West River Electric Association Subdivision and dedicated public Right-of-Way shown as Twilight Drive (formerly Lot 1 less Lot H1, Lots 2 and 3, Lot 4 less Lot H1, Lot 6 less Lot H1, Lots 7 and 8, and Lot 9 less Lot H1, all of Block 1 of Johnson School Subdivision; Lot 1 less Lot H1, Lot 2, and Lot 3 less Lot H1, all of Block 2 of Johnson School Subdivision; Lot A less Lot H1 of the NE1/4 NW1/4 of Johnson School Subdivision; Lot A less Lot H1, and Lots B and C, all of the NW1/4 NE1/4 of Johnson School Subdivision; Rapid Valley School District No. 4 Lot of the NW1/4 NE1/4; vacated School Drive Right-of-Way (Lot “RS”); Lots A and B of Lot 1 of Lot D, and Lot 2 of Lot D, all of the NW1/4 NE1/4 located in the NE1/4 NW1/4 of Section 9, T1N, R8E, BHM, and the NW1/4 NE1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Highway 44 and west of Twilight Drive.

40. No. 05PL243 - A request by D.C. Scott Co. Land Surveyors for Leslie P. and Sharon L. Potts for a Preliminary Plat on Lot 1R of Lot 9 of Pleasant View Subdivision, (formerly Lots 1 and 2 of Lot 9 of Pleasant View Subdivision) located in the SE1/4 SE1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 1 and 2 of Lot 9 of Pleasant View Subdivision, located in the SE1/4 SE1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 3020 Crane Drive.

41. No. 05RZ047 - A request by Buescher Frankenberg Associates for Wal-Mart Stores, Inc. for a Rezoning from General Agriculture District to General Commercial District on a tract of land located in Sections 34 and 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, a ½ inch pipe, thence S00º02’58”E along the section 1/16 line, a distance of 868.95 feet to the Point of Beginning; Thence first course: S00º02’58”E along the section 1/16 line, a distance of 467.74 feet to the southeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, a 5/8” rebar w/cap “4225”; Thence second course: S00º02’58”E along the section 1/16 line a distance of 1331.33 feet to a 5/8” rebar w/cap “4225”, which is the southeast corner of the SW¼ of NW¼ of Section 35, T1N, R7E, BHM; Thence third course: N89º24’46”W along the east-west Section ¼ line of same Section 35, a distance of 1326.32 feet to a 5/8” rebar w/cap “4225” which is the west Section ¼ corner of Section 35, T1N, R7E, BHM; Thence fourth course: S89º42’51”W, a distance of 104.64 feet along the east-west Section ¼ line of Section 34, T1N, R7E, BHM to a 5/8” rebar w/cap “4225” located on the east right of way line of South Dakota Highway 16 and the beginning of a nontangent curve, concave to the northwest, having a radius of 2492.00 feet, a delta angle of 15º55’17”, a chord bearing of N15º16’33”E, and a chord length of 690.25 feet; Thence fifth course: Northeasterly along said curve and the east right of way of South Dakota Highway 16, through an angle of 15º55’17”, and an arc length of 692.47 feet to a 5/8” rebar w/cap “4225” which is the beginning of a nontangent line; Thence sixth course: N82º41’04”W along the east right of way of South Dakota Highway 16, a distance of 50.00 feet to a 5/8” rebar w/cap “4225”; Thence seventh course: N07º18’56”E along the east right of way line of South Dakota Highway 16, a distance of 658.85 feet to a 5/8” rebar w/cap “4225”; Thence eighth course: N07º18’56”E, along the east right of way line of South Dakota Highway 16, a distance of 598.55 feet; Thence ninth course: S83º18’29”E a distance of 1144.76 feet to the Point of Beginning, all located in the W½ of the NW¼ of Section 35, T1N, R7E, BHM, and in the SE¼ of the NE¼ of Section 34, T1N, R7E, BHM, Pennington County, South Dakota. Said parcel contains 53.717 acres, more or less, located east of U.S. Highway 16 and north of Sammis Trail.

42. No. 05SV079 - 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, additional pavement and additional Right-of-Way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 28 and 29 of Forest Park Estates Subdivision, formerly Lot 25R of Forest Park Estates Subdivision and all of Lot B Revised of the E1/2 of the SW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 25R of Forest Park Estates Subdivision and all of Lot B Revised of the E1/2 of the SW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4231 Starlite Drive.

43. No. 05SV080 - A request by Dennis Johnson for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk and pavement along Cavern Road and the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots A and B of Tract 4 Revised of Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Tract 4 Revised of Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, located at 2600 Cavern Road.

44. No. 05SV081 - A request by Russell Johnson for Sandra Kadis for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water, sewer and pavement along Strato Rim Road, Aeronauts Way and the access and utility easements as per Chapter 16.16 of the Rapid City Municipal Code on Lots 5 and 7 of Strato Rim Estates Subdivision, all located in Government Lots 3 and 4 of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at 23645 Strato Rim Drive and 13600 Aeronauts Way.

45. No. 05SV083 - A request by FMG Engineering for West River Electric Assn. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and to waive the requirement to dedicate Right-of-Way as per Chapter 16.16 of the Rapid City Municipal Code on a tract of land located in the NE1/4 of NW1/4 of Section 9, T1N, R8E, BHM, and in the NW1/4 of NE1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at a point which is a 5/8” rebar with 2” survey cap marked “D.O.T.” marking the southwest corner of Lot A Less Lot H1 of NE1/4 of NW1/4 of Johnson School Subdivision, in the NE1/4 of NW1/4 of Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, Thence N29º28’44"E a distance of 172.23’, more or less, to a point, said point being a 5/8” rebar with 2” survey cap marked “D.O.T.”, on the east right of way line of Elk Vale Road; Thence N69º32’35”E a distance of 106.73’, more or less, to a point, said point being a 5/8” rebar with 2” survey cap marked “D.O.T.”, on the east right of way line of Elk Vale Road; Thence N18º20’21”E a distance of 174.21’, more or less, to a point, said point being a 5/8” rebar with 2” survey cap marked “D.O.T.”, on the east right of way line of Elk Vale Road; Thence N29º29’52”E a distance of 615.05’, more or less, to a point on the section line between Section 9, T1N, R8E, BHM and Section 4, T1N, R8E, BHM, said point being a 5/8” rebar with 2” survey cap marked “D.O.T.”, on the northwest corner of Lot 3 Less Lot H1 of Block 2 of Johnson School Subdivision; Thence N89º48’18”E a distance of 382.99’, more or less, to a point on the section line between Section 9, T1N, R8E, BHM and Section 4, T1N, R8E, BHM; Thence southwesterly on a curve to the left with a radius of 167.85’ and an arc length of 267.88’, with a chord bearing S27º52’22”W and a distance of 240.34’, more or less, to a point; Thence S28º46’44”E a distance of 62.63’, more or less, to a point; Thence southwesterly on a curve to the right with a radius of 149.97’ and an arc length of 104.99’, with a chord bearing S01º28’08”W a distance of 102.86’, more or less, to a point; Thence S21º31’29”W a distance of 222.14’, more or less, to a point; Thence S24º42’12”W a distance of 40.23’, more or less, to a point; Thence S71º23’31”E a distance of 12.58’, more or less, to a point; Thence S21º23’15”W a distance of 153.47’, more or less, to a point; Thence S21º18’43”W a distance of 106.02’, more or less, to a point; Thence S21º18’54”W a distance of 66.04’, more or less, to a point; Thence S21º25’00”W a distance of 388.69’, more or less, to a point; Thence N51º26’00”W a distance of 255.41’, more or less, to a point, said point being a 5/8” rebar marking the southwest corner of Lot 2 of Lot D of the NW1/4 of the NE1/4 of Section 9, T1N, R8E, BHM; Thence N51º27’40”W a distance of 128.62’, more or less, to a point, said point being a 1/2” rebar marking the southwest corner of Lot B of Lot 1 of Lot D of the NW1/4 of the NE1/4 of Section 9, T1N, R8E, BHM; Thence N51º23’47”W a distance of 95.89’, more or less, to a point, said point being a 1” pipe marking the southwest corner of Lot A of Lot 1 of Lot D of the NW1/4 of the NE1/4 of Section 9, T1N, R8E, BHM; Thence N51º33’53”W a distance of 151.26’, more or less, to the point of beginning. Said area includes 12.988 acres, more or less, located east of Elk Vale Road and north of Highway 44 and west of Twilight Drive.

46. No. 05SV084 - A request by Wyss Associates, Inc. for Canyon Springs, 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 the balance of the N1/2 NW1/4, Section 26; a portion of the E1/2 SE1/4, Section 22; and a portion of the SW1/4 less Fire House Subdivision, less Lot H1 of the SE1/4 SW1/4 and less lot H2 all located in Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located at 8885 Nemo Road.

47. No. 05SV085 - A request by D.C. Scott Co. Land Surveyors for Leslie P. and Sharon L. Potts for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along Crane Drive and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and to waive the requirement to dedicate Right-of-Way along the private access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Lot 9 of Pleasant View Subdivision, located in the SE1/4 SE1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 3020 Crane Drive.

48. No. 05TI014A - Rushmore Crossing – A request by Dream Design International, Inc. to consider an application for a Tax Increment District No. 56 - Project Plan on that portion of the Interstate 90 right-of-way lying in the SE1/4 NE1/4 and in the NE1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Entire Interstate 90 right-of-way located in Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Entire Interstate 90 right-of-way located in the SW1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract F, Marshall Heights Subdivision No. 2 and the Interstate 90 right-of-way lying south of and adjacent to Tract F, Marshall Heights Subdivision No. 2, all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the East Disk Drive right-of-way lying east of North LaCrosse Street located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot K-4 less Lot H-1, Marshall Heights Tract, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 and 2 and the south ½ of the vacated alley and Pine Street right-of-way adjacent to said lots, Block 2, Rapps Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot M of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Entire Farnwood Avenue right-of-way, entire Spruce Street right-of-way, and entire Rapp Street right-of-way all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the North LaCrosse Street right-of-way lying adjacent to Lot K-4 of Marshall Heights Tract and Lot 1 of Bedco Subdivision and including the entire intersection of North LaCrosse Street and Rapp Street, all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 located in N1/2 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Unplatted portion of the N1/2 SE1/4 lying south of Interstate 90, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 1 and 2, Bedco Subdivision, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, SE1/4 SE1/4 lying north of the railroad right-of-way and the unplatted portion of the SW1/4 SE1/4 all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the S1/2 lying south of Interstate 90 and north of the railroad right-of-way, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the NE1/4 NW1/4 and N1/2 NE1/4 lying north of the railroad right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, That portion of the Dyess Avenue right-of-way lying in the S1/2 SW1/4 and the entire intersection of Dyess Avenue and Eglin Street all located in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of LaCrosse Street and west of East Boulevared and south of Interstate 90

Continue the following items until February 20, 2006:

49. No. 04PL185 - A request by Black Hills Surveying for a Preliminary Plat on Lots 4 and 5 of Owen Hibbard Subdivision, all located in the W1/2 SW1/4, Section 23, T1N, R7E, BHM, Rapid City Pennington County, South Dakota, legally described as the unplatted portion of Tract A of Tract 1, all located in the W1/2 SW1/4, Section 23, T1N, R7E, BHM, Rapid City Pennington County, South Dakota, located at the intersection of Promise Road and Golden Eagle Drive.

50. No. 05CA018 - A request by City of Rapid City for an Amendment to the Comprehensive Plan amending the Major Street Plan by eliminating and realigning several collector and arterial roads on Sections 23, 24, 25, 26, 34, 35 and 36 in T1N, R7E, BHM, Pennington County, South Dakota, and Sections 19, 29, 30, 31 and 32, T1N, R8E, BHM, Pennington County, South Dakota, and Sections 1, 2, 3, 11 and 12, T1S, R7E, BHM, Pennington County, South Dakota, and Sections 5, 6, 7, 8, 17 and 18, T1S, R8E, BHM, Pennington County, South Dakota, located south of Minnesota Street, north of Spring Creek Road, east of US Highway 16 and west of SD Highway 79.

51. No. 05PL239 - A request by Centerline for A/R Group, LLC for a Layout Plat on Lot 1 of Anamosa Crossing Subdivision, formerly Tract 1 of Century 21 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 at the northwest side of the intersection of East Anamosa and East North Street.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 52-108

The following items were placed on the Consent Calendar for final action to be taken on all items by a single vote. Any item may be removed from the Consent Calendar by the Mayor, a Council person, or a citizen, for separate consideration.

Public Request for Removal of Items from Consent Calendar

Request of Council Members to Remove items from the Consent Calendar

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Set for Hearing (February 20, 2006)

52. No. 05VR015 - A request by Peter Hendricksen for a Vacation of Right-of-Way on the Sunnyside Avenue Right-of-Way lying adjacent to Lots 1 thru 14; the Poplar Avenue Right-of-Way lying adjacent to Lots 14, 15 and 20 foot alley Right-of-Way; and the 20 foot alley Right-of-Way lying adjacent to Lots 8 thru 14 and Lots 15 thru 21, all located in Block 11, Plainsview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Poplar Street and Sunnyside Avenue.

Public Works Committee Consent Items

53. No. PW011006-01 Acknowledge the report on Sure Pay Deduction program for residential utility users.

54. No. PW011006-18 Acknowledge the report on Handicap parking issues at the Ice Arena and Roosevelt Swimming Pool.

55. Request Public Works staff to research options for a promotional period to offer free compost at the landfill using the City utility bill and bring forward a report to the February Informational Meeting.

56. Refer a request for consideration of amendment(s) to Ordinance 17.54.030 and other City policies to add a distance buffer for casinos locating near residentially zoned areas to the next Planning Commission meeting; and ask the Planning Commission to provide an ordinance amendment recommendation to the Legal and Finance Committee meeting.

57. No. PW011006-02 Acknowledge the report on the update on Stormwater Phase II Program.

58. Acknowledge the report on the pavement condition at 6^thStreet and Hillcrest Drive.

59. No. PW011006-04 Authorize the Mayor and Finance Officer to sign the Alfalfa/Hay Harvest Contract with Mr. Steve Becher, noting a correction in the amount of $12,101.00 for 2005; and approving the contract extension for 2006 and 2007 in the amount of $18,001.00.

60. Refer the discussion of the landfill issues from the January, 2006 Information Meeting to the February Information Meeting.

61. Place a code enforcement presentation on the March Information Meeting agenda.

62. No. PW011006-05 Authorize staff to advertise for bids for Downtown Alley Resurfacing 2006 Concrete Milling and Asphalt Overlay Project No. ST06-1538; CIP No. 50379.

63. No. PW011006-06 Authorize staff to advertise for bids for Block 8 Alley Paving – West Boulevard Addition Project No. ST03-1330; CIP No. 50595.

64. No. PW011006-07 Authorize staff to advertise for bids for Sedivy Lane Reconstruction Project No. ST04-1063; CIP No. 50125.

65. No. PW011006-08 Authorize the Mayor and Finance Officer to sign a Maintenance and Financial Agreement with the South Dakota Department of Transportation for Traffic Signals & Roadway Lighting Project No. NH 0235(01)0, PCN 3151, along SD44 including St. Patrick Street, ramps for Southeast Connector (Elk Vale Road) and Jolly Lane, and along US16B including Homestead, Cheyenne and US16B and SD79 interchange

66. No. PW011006-09 Authorize the Mayor and Finance Officer to sign a Covenant Agreement with By Pass Development, LLC for payment of adjacent landowner’s share of construction costs for Phase I of the Northeast Area Sanitary Sewer Interceptor Project.

67. No. PW011006-10 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Envision Design, Inc. for the design of the Civic Center Expansion Project No. IDP06-1555 for an amount not to exceed $1,054,834.00.

68. No. PW011006-11 Authorize the Mayor and the Finance Officer to sign an Agreement with Broadmoor Homeowners Association allowing the Broadmoor Homeowners Association to house their irrigation equipment in the Broadmoor Booster Station building located on Lot 38 of Broadmoor Subdivision Phase 1 until such time the City requires use of the building.

69. No. PW011006-12 Authorize staff to seek Proposals for Engineering Services for Project W03-1248 CIP #50371 Highway 44 and Elk Vale Watermain Loop.

70. No. PW011006-13 Approve abandoning temporary easements for South Dakota Department of Transportation Project No. P 1669(07) PCEMS 295R, Haines Avenue from Howard Street to Disk Drive

71. No. PW011006-14 Approve abandoning temporary easements for South Dakota Department of Transportation Project No. P-BRF 1746(2), PCEMS 4338, Canyon Lake Drive over Rapid Creek

72. No. PW011006-15 Approve abandoning temporary easements for South Dakota Department of Transportation Project No. P 1669(42), PCEMS 5191, 5^th Street from Columbus to Omaha Street

73. No. PW011006-16 Acknowledge the report on the RapidRide trolley options.

74. No. 05VE024 - Red Rock Meadows Subdivision Approve with stipulations a Vacation of Utility Easement for petitioner Dream Design International, Inc. on Lots 25 and 26 of Block 3 of Red Rock Meadows Subdivision, all located in the SW1/4 of the NW1/4 of Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northwest of the intersection of Sahalee Drive and Portrush Drive.

75. No. 06TP001 - Approve a resolution authorizing submittal of an application for grant funding for Transportation Enhancements for “Fairgrounds Bike Path Improvement Project”, to authorize the appropriate signatures on the grant application, and authorize the submittal of the grant application.

76. Acknowledge the request by Finance Officer Preston to serve as the Local Board of Equalization.

Legal & Finance Committee Consent Items

77. No. LF110205-01 Refer a request from Curtis McDonald / Dream Design International for additional funding for Rushmore Crossing back to the $0.16 Development Committee for discussion and recommendation.

78. Direct the Finance Office and Council leadership to work with the theatre group (Rapid City Arts Council and Performing Arts Coalition) and bring forward a proposal for the preliminary design and conception at the Central High School location.

79. Request the Dahl to present to the Legal and Finance Committee their vision for the Dahl expansion and upgrades regarding additional space and addressing the MDU site.

80. Request staff to obtain an appraisal on the ½ acre proposal, the 1 and ½ acre proposal, and the entire parcel of the city-owned property on Highway 44 adjacent to the BankWest property (Wally Byum property) and to request the appraiser to set forth how each of these divisions of property would affect the overall value.

81. No. LF011106-01 Approve appointment of Jim Mann and James Morris and to renew the appointment of Tim Madsen to the Trenching Board each for a two-year term, effective January 1, 2006.

82. No. LF011106-17 Approve Travel Request for Mayor Shaw, Jim Preston, Jason Green, Tracy Davis, Greta Chapman, Connie Ewing, Sam Kooiker, and Mike Schumacher to attend Municipal Government Day at the Legislature on January 31-February 1, 2006, in an approximate amount of $1,558.

83. Request the Mayor to bring forward names for a board regarding the POW WOW Gardens project.

84. No. LF011106-02 Authorize Mayor and Finance Officer to sign Medical Director’s Agreement with Dr. Manning.

85. No. LF011106-19 Approve Travel Request for Bill Knight, Tim Behlings, and Jack Tomac to attend International Code Training in Denver, Colorado, March 5-10, 2006, in an approximate amount of $2,500.

86. No. LF011106-03 Approve Travel Request for Terri Davis and Greta Chapman to attend Public Library Association Bi-Annual Conference in Boston, MA, from March 18-25, 2006, in an approximate amount of $3,108.72.

87. No. LF121405-11 Continue discussion of the proposed revisions to the Tax Increment Finance Policy to the February 1, 2006 Legal & Finance Committee meeting; and request the Planning Commission to discuss developer agreement timing issues.

88. No. LF011106-15 Set a special Council meeting for February 2, 2006, at 7:00 p.m. regarding a briefing from the Safe Drinking Water Committee and to invite the County Commissioners to attend this meeting.

89. No. LF011106-20 Acknowledge report on streaming audio.

90. Acknowledge report on audio problems with meeting recordings.

91. No. LF011106-05 Authorize Mayor and Finance Officer to sign Agreement for the State to provide $28,425 to the City to match Federal Transit Administration Grant Funds to operate the bus system.

92. No. LF011106-06 Approve Resolution Establishing Encumbrances.

93. No. LF011106-08 Authorize Mayor and Finance Officer to sign Service Provider Agreement (Weed and Seed Funding) with Volunteers of America, Dakota.

94. No. LF011106-09 Authorize Mayor and Finance Officer to sign Professional Services Agreement with Occupational Health Network, Inc.

95. No. LF011106-10 Approve Resolution Declaring Property Surplus for Fire & Emergency Services.

96. No. LF011106-14 Authorize staff to apply for community tree planting funds.

97. No. LF113005-17 Request the Mayor to bring forward appointments for the expired seats on the DARB board.

98. No. LF011106-12 Authorize Mayor and Finance Officer to sign Lease Agreement between Rapid City Arts Council, Inc. and the City of Rapid City.

99. No. LF011106-13 Acknowledge raffle request from Crazy Horse Memorial to hold raffle.

100. No. LF011106-16 Approve the following abatements: Big D Oil Co. - $1,126.60; Maia S. Borscheid - $739.24; Betty M. Iverson - $417.62; Kids Kastle West - $3,756.66; Jerry Lahr, Trustees - $363.02; Legacy Land Co. - $5,219.48; Wesley Scholl - $392.98; Emily C. Sims - $1,017.32; Teton Coalition Inc. - $221.86; Gary Van Zee - $425.10.

101. Approve the following licenses: Second Hand: Furniture Mart, Susan R Sorbel; Game Exchange, Jacaline K Sales; Scheel’s All Sports, Karen Jones; Sound Bytes Music, Thomas Anderson; Willy’s Saw Shop, Douglas Williams; Security Business: Aramark Facility Services, Michael D Gebeke; Black Watch, Inc, Ryan R Schuler; Mountain States Security, Inc., Karen Kierstead; S & K Security Specialists, Inc, Steven L. Dary.

Growth Management Department Consent Items

102. No. 04AN009 - A request by Dream Design International, Inc. for a Petition for Annexation on the W1/2 SE1/4 and SE1/4 SE1/4 and N1/2 NW1/4 SW1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

103. No. 04AN010 - A request by Dream Design International Inc. for a Petition for Annexation on the S1/2 NE1/4 SW1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

104. No. 05PL177 - A request by Sperlich Consulting, Inc. for Triple Z Real Estate Development, LLLP for a Preliminary Plat on Lots 8 through 12, Block 8; Lots 5 through 9; Lots 17 through 23, Block 10; Lots 13 through 18, Block 11; and Lots 5 through 10, Block 13, Elks Country Estates, Tract 1, E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4 SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1, E1/2, Section 16, T1N, R8E, BHM, located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north and south sides of the intersection of Jolly Lane and Padre Drive and adjacent to Forest Oaks Court.

105. No. 05PL238 - A request by Cetec Engineering Services for Olsen Development Company for a Preliminary Plat on Lot 8 of Overlook Subdivision, formerly the balance of Lot 5 of Overlook Subdivision of the SW1/4 of the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the balance of Lot 5 of Overlook Subdivision of the SW1/4 of the NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1825 Clark Street.

106. No. 05PL240 - A request by Sperlich Consulting, Inc. for a Layout Plat on Lots 4A and 4B and Lot 5R of Judicial Lot 4 and Lots 6-17 of Norman Ranch Subdivision formerly Lots 4 and 5 of Judicial Lot 4, Norman Ranch Subdivision, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 4 and 5 of Judicial Lot 4, Norman Ranch Subdivision, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to the southwest side of Old Folsom Road between Lamb Road and east of South Highway 79.

107. No. 05PL242 - A request by Wyss Associates, Inc. for Canyon Springs, LLC for a Layout Plat on Lots 1 through 87, Canyon Springs Preserve located in Sections 22, 23 and 26, T2N, R6E, BHM, Pennington County, South Dakota, legally described as the balance of the N1/2 NW1/4, Section 26; a portion of the E1/2 SE1/4, Section 22; and a portion of the SW1/4 less Fire House Subdivision, less Lot H1 of the SE1/4 SW1/4 and less lot H2 all located in Section 23, T2N, R6E, BHM, Pennington County, South Dakota, located at 8885 Nemo Road.

108. No. 05PL244 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 2A and 2B of Block 1, Black Hills Center, formerly the unplatted portion of the SE1/4 NW1/4 and the SW1/4 NE1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the SE1/4 NW1/4 and the SW1/4 NE1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Catron Boulevard and Fifth Street.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

Package (Off-Sale) Liquor License Renewals for 2006

109. Dakotas Best dba Dakotas Best, Rushmore Mall, 2200 N. Maple Avenue for a Package (Off-Sale) Liquor License

Retail (On-Sale) Wine License Renewals for 2006

110. Hanna Khoury dba Khoury’s Mediterranean Cuisine, 2520 West Main Street for a Retail On-Sale Wine License

Retail (On-Sale) Liquor License TRANSFER

111. SKS Productions dba Venue Eight, 504 Mt. Rushmore Road for a Retail (On-Sale) Liquor License transfer from Taira L. Hoeye dba St. Joe Pub

Package (Off-Sale) Liquor License (TRANSFER)

112. Derby Advertising, Inc. dba Canyon Lake Chop House, 2720 Chapel Lane for a Package (Off-Sale) Liquor License transfer (revise legal description to include adjacent property purchase) CONTINUED FROM DECEMBER 5, 2005 COUNCIL PROCEEDINGS

Retail (On-Sale) Liquor License (TRANSFER)

113. Derby Advertising, Inc. dba Canyon Lake Chophouse, 2720 Chapel Lane for a Retail (On-Sale) Liquor License transfer (revise legal description to include adjacent property purchase) CONTINUED FROM DECEMBER 5, 2005 COUNCIL PROCEEDINGS

Set for Hearing (February 6, 2006)

Special Malt Beverage and Wine License

114. Allied Arts Fund Drive, Inc. for a special Malt Beverage and Wine License for an event scheduled February 9, 2006 at the Rushmore Mall, 2200 North Maple Avenue

115. Rapid City Fine Arts Center, Inc. for a special Malt Beverage and Wine License for an event scheduled February 17, 2006 at the Dahl Arts Center, 713 7^th Street

116. Rushmore Soccer Club for a special Malt Beverage and Wine License for an event scheduled March 18, 2006 at the Peace Officers Club, 2500 Golden Eagle Drive

117. Rapid City Fine Arts Center, Inc. for a special Malt Beverage and Wine License for an event scheduled April 7, 2006 at the Dahl Arts Center, 713 7^th Street

118. Pennington County Democratic Party. for a special Wine License for an event scheduled February 10, 2006 at the Prairie Edge Trading Co. & Galleries, 606 Main Street.

Package (Off-Sale) Liquor License

119. Lance and Abagail Bridges dba Bridges wines and Spirits, 1315 Haines Avenue for a Package (Off-Sale) Liquor License

Package (Off-Sale) Malt Beverage License

120. Lance and Abagail Bridges dba Bridges wines and Spirits, 1315 Haines Avenue for a Package (Off-Sale) Malt Beverage License

ITEMS FROM THE MAYOR

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

121. Request the Mayor’s Office to form a committee with Pennington County regarding the Adams Street Facility, Alderman Schumacher

122. Future Land Use Committee process (notification, minutes and bylaws), Alderman Kooiker

FINANCE OFFICER’S ITEMS

BID AWARDS

123. No. CC011606-02 Five (5) 2006 ADA Accessible Raised Floor Transit Vehicles for Rapid Transit System (opened January 11, 2006)

124. No. CC011606-02 Two (2) 2006 ADA Accessible Paratransit Vehicles for Rapid Transit System (opened January 11, 2006)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

125. No. CC011606-01 Bill List for January 16, 2006

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

126. Request Permission for emergency purchase of a 125 HP Bowl Drive Variable Frequency Drive for the Water Reclamation Centrifuge for an approximate amount of $15,704.50.

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

127. Acknowledge American Heart Association raffle to be conducted February 11, 2006 during the Rapid City Heart Ball, Ramkota Hotel and Convention Center

ADJOURN