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

October 2, 2006 - 7:00 P.M.

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

ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

ADOPTION OF AGENDA 

APPROVE MINUTES of September 18, 2006, special Council of September 18, 2006, and Information Committee of September 20, 2006

AWARDS AND RECOGNITIONS

1.                  Presentation of Awards from South Dakota Water Environment Association and South Dakota Water and Wastewater Association

GENERAL PUBLIC COMMENT

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

NON-PUBLIC HEARING ITEMS

Public Comment opened – Items 2 - 77

Public Comment closed

CONSENT ITEMS – Items 2 - 52

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

Set for Hearing (NONE)

Alcoholic Beverage License Applications Set for Hearing (October 16, 2006)

2.                  Michael D. Wieseler dba Horseshoe Bar, 1407 ½ East North Street for a Retail (On Sale) Liquor License transfer from Wilburn-Powers, Inc. dba Horseshoe Bar

3.                  Michael D. Wieseler dba Horseshoe Bar, 1407 ½ East North Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery transfer from Wilburn-Powers, Inc. dba Horseshoe Bar

Public Works Committee Consent Items

4.                  No. PW092606-02 - Approve water and sanitary sewer service to Morningstar Subdivision, direct staff to prepare a draft agreement with the developers, and direct staff to identify potential funding sources

5.                  Identify the Christmas Committee as the funding source for the Professional Services Agreement with Albertson Engineering in the amount of $4,250.00

6.                  No. PW092606-04 - Approve the concept of the Jackson Springs Water Treatment Facility and direct staff to identify funding sources

7.                  No. PW092606-05 – Approve Change Order No. 1F for 5th Street Bridge Repairs Project No. ST04-1360 / CIP No. 50525 to J.V. Bailey Company, Inc. for a decrease of $3,029.30

8.                  No. PW092606-06 – Approve Change Order No. 1F for 2006 Street Marking Contract Project No. PM06-1567 / CIP No. 50593 to United Rentals Highway Technologies, Inc. for an increase of $510.27

9.                  No. PW092606-07 – Approve Change Order No. 1F for Mountain View and Mount Calvary Cemeteries Irrigation System - Phase I Project No. PR05-1531 / CIP No. 50090 to Sprinkler Guys, Inc. for an increase $9,321.10

10.             No. PW092606-08 – Approve Change Order No. 3F for Sedivy Lane Reconstruction Project No. ST04-1063 / CIP No. 50125 to Hills Materials Company for a decrease of $27,399.96

11.             No. PW092606-20 – Approve Change Order No. 1F for Friendship House Reroofing Project to Bolt Roofing for an increase of $535.72

12.             No. PW092606-09 - Authorize staff advertise for bids for two (2) Three Cubic Yard Class Front End Loaders, replacements for the Streets Division

13.             No. PW092606-10 – Authorize staff to advertise for bids for Water Meters for the Water Division

14.             No. PW092606-11 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with Albertson Engineering for the structural design of the downtown banner poles for an amount not to exceed $4,250.00, and to identify the funding source as the Christmas Committee

15.             No. PW092606-12 – Authorize the Mayor and Finance Officer to sign the U.S. Environmental Protection Agency Grant Agreement; and approve acceptance of $788,100.00 of grant funding for the Utility System Master Plan project

16.             No. PW092606-13 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Advanced Utility Systems Corporation to supply software, software implementation, support and maintenance for an amount not to exceed $322,500.00

17.             No. PW092606-14 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with CETEC Engineering Services, Inc. for Well #12 and Stoney Creek Booster Station, City of Rapid City Project No.: W03-953 / CIP #50318 for an amount not to exceed $265,654.60

18.             No. PW062606-15 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Burns & McDonnell Engineering Co., Inc. for Water Reclamation Facility Digester Repair and Improvement Project – Phase I, Project No. WRF06-1549 for an amount not to exceed $39,968.00

19.             No. PW062606-16 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Kadrmas, Lee and Jackson for the preliminary design and engineer’s estimate for Wonderland Drive Area 5 Sewer Extension Project No. SS06-1598 / CIP #50662 for an amount not to exceed $34,608.30

20.             No. PW062606-17 – Authorize staff to seek proposals for consultant services for 43rd Court Watermain Reconstruction Project No. W05-1529

21.             No. PW062606-18 – Authorize staff to seek proposals for Rapid Transit benches and bench advertising

22.             No. PW092606-19 – Declare Property along Catron Boulevard surplus and authorize the preparation of appropriate Plats, Deeds and Related Documents

23.             No. 06EX045 – Approve a request for an Appeal from Fisk Land Surveying for Harley Taylor for an exception to allow 63 dwelling units with a single point of access in lieu of 40 dwelling units

24.             No. 06VE017 - Approve a request by Polenz Land Survey for Carol Carey to consider an application for a Vacation of a portion of a Minor Drainage and Utility Easement on Lot 13, Block 13, Robbinsdale Addition No. 8, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 932 Sitka Street

25.             No. 06VE021 - Approve a request by Fisk Land Surveying & Consulting Engineers for Robert P. Johns to consider an application for a Vacation of a Note on a Plat on Lot 8, Eisenbraun Subdivision, located in Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 6701 Southside Drive

26.             No. 06VE022 - Approve a request by Fisk Land Surveying & Consulting Engineers for Robert P. Johns to consider an application for a Vacation of Drainage Easement on a portion of the drainage easement located in Lot 8, Eisenbraun Subdivision, Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 6701 Southside Drive

Legal & Finance Committee Consent Items

27.             No. LF092706-25 - Confirm appointment of Karen Waltman and Sandra Runde to the Planning Commission. 

28.             No. LF092706-24 - Approve the Request for Proposals for Public-Private Development; and direct staff to seek proposals with the deadline for submittals being November 17, 2006.  

29.             No. LF092706-01 – Acknowledge Capital Improvements Program Committee monthly update for September, 2006. 

30.             No. LF092706-03 – Approve a Travel Request for Craig Tieszen and approximately 35 staff members to attend annual goals meeting at the Civic Center, January 10-12, 2007, in an approximate amount of $500. 

31.             No. LF092706-18 - Approve a Travel Request for Ray Cornford to attend CALEA Accreditation Conference, Reno, NV, November 14 - 18, 2006, in an approximate amount of $1,672. 

32.             No. LF092706-19 – Approve an Event Permit for Festival of Lights Committee to use west half of 6th Street parking lot on November 25, 2006. 

33.             No. LF092706-20 - Authorize Nate Deitschman, Casey Morgan, Trevin Smeenk, and Bill Mitchell to enter into Paramedic Training Reimbursement Agreement and Promissory Note. 

34.             No. LF092706-21 - Approve a Travel Request for Nate Deitschman, Casey Morgan, Trevin Smeenk, and Bill Mitchell to attend the Mountain Plains Health Consortium Paramedic Course, November 17, 2006 through February 16, 2008 in an approximate cost of $3,300 per person for a total of $13,200. 

35.             No. LF092706-04 – Approve a Travel Request for T. J. Nicolai to attend ARFF Working Group Conference, Dallas, TX, October 24-28, 2006, in an approximate amount of $1,525. 

36.             No. LF092706-17 – Authorize the Mayor and Finance Officer to sign Rider to Change Amount of Suretyship to cover the remaining work to be completed on Lots 1 and 2, Tract A, Walpole Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2800 3rd Street. 

37.             No. 05TI019 - Approve a request by Centerline to consider an application for a Tax Increment District No. 49 Project Plan on Lot 1 – 28 and all adjacent rights-of-way, Block 11, Plainview #2, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 – 14 and all adjacent rights-of-way, Tract A (formerly lots 15A thru 25A) and all adjacent rights-of-way, Lot 15-28 less lot 15A -25A and all adjacent rights-of-way, all located in Block 12, Plainview #2, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Unplatted balance of SW1/4SE1/4 and the unplatted balance of SE1/4SE1/4 and all adjacent rights-of-way, all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 3 and Lot 4 and all adjacent rights-of-way, Tract A & S1/2 vacated part of alley adjacent to Tract A and all adjacent rights-of-way, Lot A of Lot 1, Lot 2 and the S1/2 vacated Watertown St adjacent to said lot, Lot B of Lot 1, all located in Block 2, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract I and the N1/2 vacated portion of alley adjacent to Tract I and the S1/2 vacated Watertown St adjacent to Tract I and all adjacent rights-of-way, Block 2, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All Block 3 and W375’ of N1/2 vacated Watertown Street adjacent to Block 3 less W150’ & less Lot 1-2 and the S1/2 vacated Madison Street adjacent to E475’ Block 3 and the vacated alley in Block 3 less portion between Lots 1 & 2 and all adjacent rights-of-way, all located in Block 3, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1-2 and the S1/2 vacated Madison St adjacent to Lot 1 and the N1/2 vacated Watertown Street adjacent to Lot 2 and the vacated alley between Lots 1-2, Block 3 and all adjacent rights-of-way, all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All of Block 1 and all adjacent rights-of-way, Feigels Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 -2 and the balance of Block 4 and all adjacent rights-of-way, all located in Block 4, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, SE1/4NE1/4 including Meadowlark Hills Sub & all adjacent rights-of-way, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A & E1/2 vacated Cherry Ave of NE1/4NE1/4 and all adjacent rights-of-way, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract B, C, D, F, G, and H and all adjacent rights-of-way, all of Block 1, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract E & E15’ of vacated Cherry St adjacent to said Tract E, Block 1 and all adjacent rights-of-way, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, E100’ of Tract A, Block 1 and adjacent right-of-way, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A less the E100’ and the E15’ of vacated Cherry St adjacent to said Tract A and adjacent right-of-way, Block 1, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All of the 90’ wide East Anamosa Street right-of-way located in the NE1/4 of Section 31 and the SE1/4 of Section 30, and the East Anamosa Street right-of-way located in the NW1/4 of Section 31 and the SW1/4 of Section 30 all adjacent to LaCrosse Street, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All Railroad Right-of-Way located in the NE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot A and Lot B and all adjacent rights-of-way, West Century Sub, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, N170’ of S313.96’ of Lot 2 and adjacent right-of-way,  Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 and Lot 2 and all adjacent rights-of-way, Buckingham Rental Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot B of Lot 1 of SW1/4NW1/4 and all adjacent rights-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot A, B, C, and D of Lot 1 of NW1/4SW1/4 and all adjacent rights-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract 1, Century “21” and all adjacent rights-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A in NE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract D in NE1/4NW1/4 including Lot 1 of Tract D of Heubner Subdivision and all adjacent rights-of-way, all located in Heubner Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, N16.04’ of Lot 2 of SW1/4NW1/4 and adjacent right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H2 and Lot H3 of the SW1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3 and H4 of the SE1/4NW1/4, Lot H1 of Lot A of the SE1/4NW1/4, Lot H2 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the S1/2NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the N1/2NE1/4 as recorded on Plat of Lot H1 of the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the NW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of Lot B of Lot 1 in the NW1/4SW1/4, Lot H1 of Lot B of Lot 1 of the NW1/4SW1/4, Lot 2 of the NW1/4SW1/4, Lot H1 of Lots 7 & 8 of the NW1/4SW1/4, Lot H1 of Lots 3,4, 5 & 6 of the NW1/4SW1/4, Lot H1 and Lot H2 of the NW1/4SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of Century Road, east of LaCrosse Street and south of US 1-90. 

38.             No. LF092706-05 – Approve a Resolution Declaring Property Surplus for Dahl Fine Arts Center/MDU. 

39.             No. LF083006-11 – Authorize the Mayor and Finance Officer to sign No. LF092706-23 Memorandum of Understanding with International Association of Firefighters Local 3959 as it Relates to Paramedic Repayment. 

40.             No. LF092706-06 – Approve a Resolution Canceling Checks or Warrants Not Presented for Payment within Two Years of Date of Issuance. 

41.             No. LF092706-07 – Approve a Resolution to Establish the Non-Union Position of On-Site Wastewater Disposal Coordinator. 

42.             No. LF092706-08 – Approve a Resolution to Amend the AFSCME Union Compensation Wage Plan to Establish the Position of Advocates for Community Enhancement (ACE) Coordinator. 

43.             No. LF092706-09 – Approve a Resolution to Establish the Non-Union Position of Office Supervisor. 

44.             Approve an Amendment to the Contract with Terry Rathbun extending the term of the Contract to November 1, 2006. 

45.             No. LF092706-10 – Authorize the Mayor and Finance Officer to sign System Supply and Support Agreement with Trapeze Software Group, Inc. 

46.             No. LF092706-13 – Acknowledge request to hold bingo by Canyon Lake PTA. 

47.             No. LF092706-14 – Acknowledge Raffle Request from Rapid City Regional Hospital Medical Radiography Program. 

48.             Approve the following licenses:  Plumbing Apprentice:  Jesse Teerink; Plumbing Plumber:  Jerold Cranford, Shawn Kluever, Troy Konda, Douglas Pokorney, and Chadwick Raverty; Electrical Journeyman:  Donald Winn and DeWayne Peters; Electrical Apprentice:  Michael Broesder and Jeremy Olson; Residential Contractor:  Daniel Kiehn, Mastercraft Services LLC; Mechanical Apprentice:  Kevin Bad Wound, Bob Baumiller, Todd Dietrich, Darrin Esser, Casey Fey, Doyle Heying, Sandi Kile, Casey Smith, and Shawn Weichmann; Mechanical Contractor:  George Thompson, MDU; Mechanical Installer:  Bryan Anderson, John Miller, Kevin Morris, Ralph Schad, Wade Smith, and Allan Weinand; Trenching Journeyman:  Taylor Ledbetter, Donald Donaldson; Sewer and Water Journeyman:  Kory Hudelson. 

Growth Management Department Consent Items

49.             No. 06AN003 - A request by Dream Design International, Inc. for a Petition for Annexation on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of Elk Vale Road, northeast of Old Folsom Road and south of Elks Country Estates.

50.             No. 06PL140 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Brent Pushing for a Layout Plat on a parcel of land located in the SW1/4 SE14/ SE1/4; SE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4, Section 25, T2N, R6E, BHM, Pennington County, South Dakota, located northwest of the terminus of Sun Ridge Road.

51.             No. 06PL141 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Harley Taylor for a Layout Plat on Lots 1, 2, 3, 4A, 4B, 5, 6, 7, 8, Elysian Heights Subdivision, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the N½ SW¼ of Section 21, T1N, R7E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of the N½ SW¼ of said Section 21, said point being also known as the center of said Section 21 and said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates (as shown on the plat recorded in Plat Book 21 page 102) and also coincident with the northwest corner of Lot 9 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), said point being marked by a rebar with cap “LS 1019”; thence, southerly along the north-south quarter section line and along the west line of said Lot 9 of Block 3 of Wildwood Subdivision, S00º00’48”E, a distance of 170.74 feet more or less, to the southwest corner of said Lot 9 of Block 3, of Wildwood Subdivision, said point being coincident with the northwest corner of Lot 10 of Block 3 of Wildwood Subdivision, and said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing southerly along the center quarter section line and along the west line of said Lot 10 of Block 3 of Wildwood Subdivision, S00º03‘36”W, a distance of 655.65 feet more or less, to the southwest corner of said Lot 10 of Block 3 of Wildwood Subdivision, said point being coincident with a point on the northerly line of Lot 11 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 11 of Block 3 of Wildwood Subdivision, S32º53’42”W, a distance of 67.03 feet more or less, to the westerly corner of said Lot 11 of Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 12 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 17 on Page 187), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 12 of Block 3 of Wildwood Subdivision, S32º58’25”W, a distance of 65.94 feet more or less, to the northwest corner of said Lot 12 in Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 13R of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 30 on Page 34), and said point being marked by a rebar with cap “FISK LS 1771”; thence, S90º00’00”W, a distance of 704.97 feet more or less; thence, N90º00’00”W, a distance of 747.30 feet more or less; thence, N69º00’53”W, a distance of 37.22 feet more or less; thence, southwesterly and curving to the right on a curve with a radius of 492.26 feet, a delta of 02º26’04”, an arc length of 20.92 feet more or less, and a chord bearing of S25º13’48”W, and a chord distance of 20.91 feet, more or less; thence, N63º33’10”W, a distance of 100.00 feet more or less; thence, northeasterly and curving to the left on a curve with a radius of 392.26 feet, a delta of 09º44’59”, an arc length of 66.75 feet more or less, and a chord bearing of N21º34’20”E, and a chord distance of 66.67 feet, more or less; thence, S83º00’00”W, a distance of 363.67 feet more or less; thence, S04º41’43”E, a distance of 202.00 feet more or less; thence, S35º35’41”W, a distance of 163.11 feet more or less, to a point on the 1/16th section line; thence, S89º47’34”W, a distance of 331.70 feet more or less, to a point on the 1/256th section line; thence, northerly along said 1/256th section line, N00º12’26”W, a distance of 463.97 feet more or less, to a point on the east-west one-quarter section line of said Section 21, said point also being located on the south line of Lot 9 of Block 5 of Westview Estates Subdivision (as shown on the plat recorded in Plat Book 27 on Page 177); thence, easterly along said one-quarter section line and along the south line of said Lot 9 of Block 5 of Westview Estates and along the south line of Lot 1 of Block 5 of Westview Estates (as shown on the plat recorded in plat Book 27 on Page 177), N89º47’51”E, a distance of 331.81 feet, more or less, to a point on the north-south 1/16th section line, said point being marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot One (1) of Block Five (5) of Westview Estates, N89º46’54”E, a distance of 272.14 feet more or less, to a point marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 1 of Block 5 of Westview Estates and along the south line of Carriage Hills Drive right-of-way, N89º51’26”E, a distance of 270.78 feet more or less, to the southeast corner of the terminus of Carriage Hills Drive, said point also being coincident with the southwest corner of Lot 27 of Block 3 of Westview Estates (as shown on the plat recorded in Plat Book 27 on page 177), said point being marked by a rebar with survey cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º50’31”E, a distance of 224.99 feet, more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º48’02”E, a distance of 29.61 feet more or less, to the southeast corner of said Lot 27 of Block 3 of Westview Estates, said point also being coincident with the southwest corner of Lot 26R of Block 3 of Westview Estates (as shown on the plat recorded in plat Book 27 on page 177), said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º52’45”E, a distance of 100.03 feet more or less, to a point marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º46’22”E, a distance of 165.37 feet more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º48’13”E, a distance of 134.59 feet more or less, to the southeast corner of said Lot 26R of Block 3 of Westview Estates, said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates, and said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot R of Block 3 of Westview Estates, N89º48’06”E, a distance of 130.02 feet more or less, to the point of beginning, located southern terminus of Carriage Hills Drive.

52.             No. 06PL142 - A request by Dream Design International, Inc. for a Layout Plat on Parcel 1 thru 15 and detention ponds, Rushmore Crossing, Sections, 29, 30, 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as DESCRIPTION No. 1: Lot BR of Lot 2 of the SE1/4 SW1/4, Section 29 in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103;  DESCRIPTION No. 2: Lot C of Lot 2 of the SEl/4 SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103;  DESCRIPTION No. 3: Tract C of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 11, Page 68;  DESCRIPTION No. 4: that portion of the SW1/4, Section 29,T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, lying South of Lot H3 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 109 and lying  South of Lot H1 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 113 and lying South of Lot H2 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 292 and lying South of Lot H4 of said SW1/4 as shown on the plat filed in Highway Plat Book 10, Page 150 (Interstate 90 right-of-way) and lying North of the Railroad right-of-way; excepting therefrom Lot A of the SE1/4 SW1/4, as shown on the plat filed in Plat Book 10, Page 122;  AND excepting therefrom Tract C of said SW1/4, as shown on the plat filed in Plat Book 11, Page 68; and excepting therefrom Lot lR, Lot BR of Lot 2 and Lot C of Lot 2 of the SE1/4 SW1/4, as shown on the plat filed in Plat Book I5. Page 103; and excepting therefrom the W1/2 SW1/4 SW1/4 SW1/4 lying North of said Tract C;  Description No. 5: that portion of the Nl/2 SE1/4 lying South of Lots H1 and H2 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 3, Page 288 and lying South of Lot H3 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 148 (Interstate 90 right-of-way) and theN1/2 NE1/4 SEl/4 SEl/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom Lot D of the NW1/4 SEl/4 as shown on the plat filed in Plat Book 7, Page 70; and excepting therefrom Lots E and M of the NW1/4 SEl/4 as shown on the plat filed in Plat Book 7, Page 71; and excepting therefrom Lots C and L of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 8; Page 132; and excepting therefrom Tract 1 of Flack - Hendricksen Subdivision of the NWl/4 SE1/4 as shown on the plat filed in Plat Book 16, Page 205; and excepting  therefrom Lots 1 and 2 in Block 2 of Rapps Addition of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 23, Page 166; and excepting therefrom Lots 1 and 2 of Bedco Subdivision o f t h e NW1/4 SE1/4 as shown on the plat filed in Plat Book 26, Page 61; and excepting therefrom any dedicated streets, avenues or alleys lying within said plats; and excepting therefrom the Lot HI of the S1/2 Nl/2 SE1/4 as shown on the plat filed in Highwav Plat Book 10, Page 163; and excepting therefrom that portion of the SE1/4 NW1/4 SE1/4 and that portion of the SW1/4 NE1/4 SE1/4 lying south of said Lot H1 of the S1/2 N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 163;  DESCRIPTION No. 6: Lot 1R, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota;  DESCRIPTION No. 7: Lot 1 of the SW1/4 SE1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota;  DESCRIPTION No. 8: Lot A of lot 2, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; and, DESCRIPTION No. 9: A portion of the unplatted portion of the SE1/4 NW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota, located south of I-90 between North LaCrosse Street and East North Street.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS – Items 53 - 77

ORDINANCES

53.             No. LF092706-11 – First Reading, Ordinance No. 5184 Amending Section 13.10.010, Section 13.10.020, Section 13.10.030, Section 13.10.040, Section 13.10.050, and Section 13.10.060 of Chapter 13.10 Relating to Trenching Contractor’s Licenses. 

54.             No. 06OA004 –First Reading, Ordinance No. 5191 Amending  Chapter 17.04 to Provide a Definition of "Teenage Care Center”. 

55.             No. 06OA004 – First Reading, Ordinance No. 5192 Amending  Chapter 17.12.030 to Allow "Teenage Care Centers" as a Conditional Use in the Medium Density Residential District. 

56.             No. 06RZ034 - First Reading, Ordinance No. 5193, a request by Lise A. Balk-King, Robert E. Hurlbut, Ken Hunter, Bryan Sykora, Phil Spizzirri, Virginia S. Clark and Les Odegaard for a Rezoning from High Density Residential District to Office Commercial District on Lots 19 thru 24, Block 3, and Lots 1 thru 4, Lots 21 thru 24, Block 4, Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of St. Joseph Street between 12th Street and West Boulevard.

57.             No. 06RZ036 - First Reading, Ordinance No. 5194, a request by Development for the Disabled, Inc. for Working Against Violence, Inc. for a Rezoning from Park Forest District to Medium Density Residential District on Tract 6, Signal Heights, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of East Quincy Street and Signal Drive.

58.             No. 06RZ037 - First Reading, Ordinance No. 5195, a request by Brendan Casey for Epic Media for a Rezoning from Flood Hazard District to Light Industrial District on the DM&E Right-of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Omaha and Third Street.

59.             No. LF091306-08 – Second Reading, Ordinance No. 5183 Adopting the 2005 National Electric Code with Amendments by Amending Chapter 15.16 of the Rapid City Municipal Code. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

60.             No. LF092706-26 - Resolution Amending Travel Regulations

61.             No. LF092706-02 – Approve 2006 Capital Plan for Streets, Drainage and MIP Projects for September, 2006. 

62.             Appropriate $165,000 from the CIP Contingency; allocating $160,000 to the Omaha Street Corridor Enhancement Project, Phase 1 - South Memorial Park; and allocating $5,000 for the Fiber Optic Cable Replacement at the Civic Center. 

63.             Approve reallocation of funds in the Parks and Recreation 5 Year Plan.

64.             Appropriate $297 from the CIP Contingency for the Friendship House Shingled Roof Replacement Project. 

65.             Delay the Cold Storage (2006 Government Buildings) to FY2007; and allocate the $100,000 to the FY2006 Roof Replacement Project. 

66.             Approve the Rapid City Public Library Curb Replacement Project in the amount of $12,000 and place the Project on 2007 Miscellaneous Improvements Project. 

67.             No. 06TI004 - Resolution Creating Tax Increment District No. 61 Villaggio on Lot 1, Stoney Creek South #2 Subdivision; Unplatted portion of E1/2 NW1/4 SE1/4; NE1/4 SW1/4 SE1/4 and Golden Eagle Drive located in the NE1/4 SW1/4 SE1/4 including Lots H3 and H4; Lot H1 in the SE1/4 SW1/4 SE1/4; Lot H2 in the SW1/4; Lot H2 in the SW1/4 NW1/4 SE1/4 and the NW1/4 SW1/4 SE1/4; W1/2 NW1/4 SE1/4 less Springbrook Acres Subdivision and Less Lot H2; NW1/4 SW1/4 SE1/4 less Lot H2; S495 feet of NE1/4 SE1/4 less Lot 1; SE1/4 SE1/4; Lot 1, Bendert Subdivision; all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 4 and 5, Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between Sheridan Lake Road and South Highway 16 and adjacent to Catron Boulevard. 

68.             No. 06TI005 - Project Plan for Tax Increment District No. 61 Villaggio on Lot 1, Stoney Creek South #2 Subdivision; Unplatted portion of E1/2 NW1/4 SE1/4; NE1/4 SW1/4 SE1/4 and Golden Eagle Drive located in the NE1/4 SW1/4 SE1/4 including Lots H3 and H4; Lot H1 in the SE1/4 SW1/4 SE1/4; Lot H2 in the SW1/4; Lot H2 in the SW1/4 NW1/4 SE1/4 and the NW1/4 SW1/4 SE1/4; W1/2 NW1/4 SE1/4 less Springbrook Acres Subdivision and Less Lot H2; NW1/4 SW1/4 SE1/4 less Lot H2; S495 feet of NE1/4 SE1/4 less Lot 1; SE1/4 SE1/4; Lot 1, Bendert Subdivision; all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 4 and 5, Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between Sheridan Lake Road and South Highway 16 and adjacent to Catron Boulevard. 

PUBLIC WORKS COMMITTEE ITEMS

69.             No. PW091206-13 – Request to expand Sanitary Sewer Supplemental Fee Area established February 3, 2003, Hani Shafai for Dennis Zandstra Real Estate Holdings

70.             No. PW092606-01 - Status Report on Design Criteria Manual Development, Council Development Committee

71.             Copperfield Safety Issues, Alderman Kooiker

72.             Discuss mailboxes located on the sidewalk along Canyon Lake Drive, Alderman Chapman

BIDS

73.             No. CC100206-02 - Hall Street Sanitary Sewer Extension Project No.  SS06-1482 / CIP No. 50632 (opened September 26, 2006)

74.             No. CC100206-02 - 2006 Roof Replacement Projects for City Of Rapid City Project No. IDP06-1546 (opened September 26, 2006)

75.             No. CC100206-02 - Enhanced Corrosion Inhibited Liquid Magnesium Chloride for Street Division (opened September 26, 2006)

76.             No. CC100206-02 - Sodium Chloride for Street Division (opened September 26, 2006)

MAYOR’S ITEMS

77.             2012 Report

COUNCIL ITEMS & LIAISON REPORTS

            Reconsideration Notices

            Motion for Delivery of Items from Committee

STAFF ITEMS

APPEALS

            DARB

            License application appeals

            Sign Code Appeals

            Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS

Open Public Hearings (comment) Items 78 – 118

CONTINUED PUBLIC HEARINGS CONSENT ITEMS – Items 78 - 105

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

Continue the following items until October 16, 2006:

78.             No. 06CA025 - A request by Dan Wilson for Site Work Specialists for an Amendment to the Comprehensive Plan by revising the US Highway 16 Neighborhood Future Land Use Plan to change the land use designation from Office Commercial with a Planned Commercial Development to a General Commercial with a Planned Commercial Development on Parcel “A” located in the NE1/4 SW1/4, Section 23, T1N, R7E, BHM, Rapid City Pennington County, South Dakota, located east of Highway 16 and ¼ mile north of Catron Boulevard.  The point of beginning for said parcel bears N00º00’39”E a distance of 712.38 feet from the former southeast corner of Aladdin Heights Subdivision, said point of beginning also bears S00º00’39”W a distance of 30.01 feet from the southeast corner of Lot 3 of Block 3 of the Aladdin Heights Subdivision which is marked with a 5/8” rebar with survey cap marked “LS 1019”, said parcel is more particularly described as follows:  Thence First Course: along a line with a bearing of S89º59’21”E and a distance of 175.00; Thence Second Course: along a line with a bearing of S00º00’39”W and a distance of 475.19 feet; to an intersection with the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 4 with a bearing of N25º59”34”W and a distance of 55.28 feet; to the northeast corner of Lot 3 of Block 1 of Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with survey cap marked “LS 6117”; Thence Fourth Course: along the north line of said Lot 3 with a bearing of N71º06’44”W and a distance of 159.33 feet; to an intersection with easterly line of Aladdin Heights Subdivision; Thence Fifth Course: along the easterly line of Aladdin Heights Subdivision with a bearing of N00º00’39”E and a distance of 373.95 feet to the point of beginning, located northeast of the intersection of Promise Road and South Highway 16.

79.             No. 06CA026 - A request by Dan Wilson for Site Work Specialists for an Amendment to the Comprehensive Plan by revising the US Highway 16 Neighborhood Future Land Use Plan to change the land use designation from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on Parcel “B” located in the SE1/4 SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Highway 16 and ¼ mile north of Catron Boulevard.  The point of beginning being coincident of the southeasterly angle point corner of Lot 6, Block 1, Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with a survey cap marked “LS 6117”, said point of beginning bears N14º47’32”E a distance of 83.36 feet from the northeasterly angle point corner of Lot 6 of Block 1 of Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with survey cap marked “LS 6117”, said parcel is more particularly described as follows: Thence First Course: along a line with a bearing of S14º47’32”W and a distance of 462.12; Thence Second Course: along a line with a bearing of N47º07’10”W and a distance of 473.75 feet; Thence Third Course: along a line with a bearing of N51º24’18”W and a distance of 360.81 feet; to an intersection with southerly line of Lot 9 of Block 1 of Tower Ridge 2 Subdivision; Thence Fourth Course: along southerly line of Tower Ridge 2 Subdivision with a bearing of S62º12’23”E and a distance of 498.86 feet; to the southeast corner of Lot 7 of Block 1 of Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with a survey cap marked “LS 6117”; Thence Fifth Course: along the southerly line of Lot 6 Block 1 of Tower Ridge 2 Subdivision with a bearing N66º39’36”E and a distance of 333.09 feet to the point of beginning, located northeast of the intersection of Promise Road and South Highway 16.

80.             No. 06CA027 - A request by Sperlich Consulting, Inc. for Schriner Investments, LLC for an Amendment to the Comprehensive Plan by revising the US Highway 16 Neighborhood Future Land Use Plan to allow a Planned Residential Development with a maximum of 1.27 dwelling units per acre in lieu of a Planned Residential Development with a maximum of one dwelling unit per acre on an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4; excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4, SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Stumer Road.

81.             No. 06CA028 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to amend the Major Street Plan to change an arterial street to a collector street, to eliminate a collector street and to relocate a collector street on Parcel 1 thru 15 and detention ponds, Rushmore Crossing, Sections, 29, 30, 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as DESCRIPTION No. 1: Lot BR of Lot 2 of the SE1/4 SW1/4, Section 29 in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103; DESCRIPTION No. 2: Lot C of Lot 2 of the SEl/4 SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103; DESCRIPTION No. 3: Tract C of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 11, Page 68;  DESCRIPTION No. 4: that portion of the SW1/4, Section 29,T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, lying South of Lot H3 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 109 and lying  South of Lot H1 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 113 and lying South of Lot H2 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 292 and lying South of Lot H4 of said SW1/4 as shown on the plat filed in Highway Plat Book 10, Page 150 (Interstate 90 right-of-way) and lying North of the Railroad right-of-way; excepting therefrom Lot A of the SE1/4 SW1/4, as shown on the plat filed in Plat Book 10, Page 122;  AND excepting therefrom Tract C of said SW1/4, as shown on the plat filed in Plat Book 11, Page 68; and excepting therefrom Lot lR, Lot BR of Lot 2 and Lot C of Lot 2 of the SE1/4 SW1/4, as shown on the plat filed in Plat Book I5. Page 103; and excepting therefrom the W1/2 SW1/4 SW1/4 SW1/4 lying North of said Tract C;  Description No. 5: that portion of the Nl/2 SE1/4 lying South of Lots H1 and H2 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 3, Page 288 and lying South of Lot H3 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 148 (Interstate 90 right-of-way) and theN1/2 NE1/4 SEl/4 SEl/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom Lot D of the NW1/4 SEl/4 as shown on the plat filed in Plat Book 7, Page 70; and excepting therefrom Lots E and M of the NW1/4 SEl/4 as shown on the plat filed in Plat Book 7, Page 71; and excepting therefrom Lots C and L of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 8; Page 132; and excepting therefrom Tract 1 of Flack - Hendricksen Subdivision of the NWl/4 SE1/4 as shown on the plat filed in Plat Book 16, Page 205; and excepting  therefrom Lots 1 and 2 in Block 2 of Rapps Addition of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 23, Page 166; and excepting therefrom Lots 1 and 2 of Bedco Subdivision o f t h e NW1/4 SE1/4 as shown on the plat filed in Plat Book 26, Page 61; and excepting therefrom any dedicated streets, avenues or alleys lying within said plats; and excepting therefrom the Lot HI of the S1/2 Nl/2 SE1/4 as shown on the plat filed in Highwav Plat Book 10, Page 163; and excepting therefrom that portion of the SE1/4 NW1/4 SE1/4 and that portion of the SW1/4 NE1/4 SE1/4 lying south of said Lot H1 of the S1/2 N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 163; DESCRIPTION No. 6: Lot 1R, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota;  DESCRIPTION No. 7: Lot 1 of the SW1/4 SE1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota;  DESCRIPTION No. 8: Lot A of lot 2, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota;   DESCRIPTION No. 9: A portion of the unplatted portion of the SE1/4 NW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota;  DESCRIPTION No. 10: the unplatted portion of the SW1/4 NE1/4 SE1/4, Section 30, lying south of Lot H1, T2N, R8E, BHM, Pennington County, South Dakota;  DESCRIPTION No. 11: the unplatted portion of the SW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota;  DESCRIPTION No. 12: the unplatted portion of the SE1/4 SE1/4 and excepting therefrom the N1/2 NE1/4, SE1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota;  DESCRIPTION No. 13: the W1/2 SW1/4, SW1/4 SW1/4, Section 29, lying north of Tract C, T2N, R8E, BHM, Pennington County, South Dakota;  and, DESCRIPTION No. 14: the Farnwood Avenue Right of Way, located in the SW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota, located south of I-90 between North LaCrosse Street and East North Street.

82.             No. 06PL082 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3, Seljeskog Subdivision, located in the SE1/4 NE1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land described as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4 NE1/4; NW1/4 NE1/4 NE1/4 SE1/4; NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2151 Skyline Ranch Road.

83.             No. 06PL087 - A request by Centerline, Inc. for PLM Development, LLC for a Preliminary Plat on Lots 16 thru 35, Block 1; Lots 17 thru 38, Block 2; and Lots 1 thru 6 in Block 4, PLM Subdivision, formerly a parcel of land located in the NW1/4, Section 24; and the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the NW1/4, Section 24; and the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Minnesota Street and West of Fifth Street.

84.             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.

85.             No. 06PL102 - A request by Centerline, Inc. for Rapid City Area School District for a Preliminary Plat on Lots 1 thru 6, Block 3, located in the NW1/4 NW1/4 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in NW1/4 NW1/4 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Fifth Street and Enchanted Pines Drive.

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

87.             No. 06PL114 - A request by Renner & Associates for ARC International for a Preliminary Plat on Lot 3, Barnhart Addition, formerly the residual portion of Lots B and C, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the residual portion of Lots B and C, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2990 East Highway 44.

88.             No. 06PL117 - A request by Ferber Engineering Co, Inc. for FMLC, Inc. for a Preliminary Plat on Lots 1 and 2, East Mall Business Center Subdivision, formerly a parcel of land located in the NE1/4, Section 30, lying north of Rushmore Mall Drive; Lot C of Lot L2, less Lot H1 and W1/2 vacated March Avenue adjacent to Lot C; and the unplatted part of the W1/2 NE1/4, lying south of Rushmore Mall Drive and the E1/2 vacated March Avenue, all located in the NE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the NE1/4, Section 30, lying north of Rushmore Mall Drive; Lot C of Lot L2, less Lot H1 and W1/2 vacated March Avenue adjacent to Lot C; and the unplatted part of the W1/2 NE1/4, lying south of Rushmore Mall Drive and the E1/2 vacated March Avenue, all located in the NE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Mall Drive and LaCrosse Street.

89.             No. 06PL123 - A request by Renner Associates for Rande Robinson for a Layout Plat on Lots 9R and 10R, formerly Lots 9 and 10, Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 9 and 10, Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1410 Centre Street.

90.             No. 06PL127 - A request by Renner & Associates for Royal Nielsen for a Preliminary Plat on Lot A, formerly a portion of Lot 15 Revised, Hills View Subdivision, located in the NE1/4 SE1/4, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Lot 15 Revised, Hills View Subdivision, located in the NE1/4 SE1/4, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, located west of Hillside Drive and North of SD Highway 40.

91.             No. 06PL135 - A request by D. C. Scott Co. Land Surveyors for IGT for a Preliminary Plat on Lots 1 and 2, IGT Subdivision, formerly Tract B of Tract 1 of the W1/2 SW1/4, Section 23, and Tract 2 of the SW1/4 NW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract B of Tract 1 of the W1/2 SW1/4, Section 23, and Tract 2 of the SW1/4 NW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of SD Highway 16 and south of Fox Road.

92.             No. 06PL138 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 27A thru 32A, Block 2, Rainbow Ridge Subdivision, formerly Lots 27 thru 32, Block 2, Rainbow Ridge Subdivision; located in the SE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 27 thru 32, Block 2, Rainbow Ridge Subdivision; located in the SE1/4 NE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Bunker Drive and Gladys Street.

93.             No. 06PL143 - A request by EnVision Design, Inc. for Plum Creek Development, LLC for a Layout Plat on a portion of the unplatted balance of the SW1/4, Section 16, T1N, R8E, BHM,  Pennington County, South Dakota, located south of Fieldstone Drive and Willowbend Road.

94.             No. 06PL144 - A request by enVision Design, Inc. for a Preliminary Plat on Lot 7, Block 1; and Lots 3 thru 18, Block 2, Silver Spur Estates, and dedicated Stirrup Court Right-of-Way, located in the E1/2 NE1/4, Section 36, T1N, R6E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the E1/2 NE1/4, Section 36, T1N, R6E, BHM, Pennington County, South Dakota, located at the southern terminus of Stirrup Court.

95.             No. 06RZ029 - A request by Dan Wilson for Site Work Specialists for a Rezoning from Office Commercial District to General Commercial District on Parcel “A” located in the NE1/4 SW1/4, Section 23, T1N, R7E, BHM, Rapid City Pennington County, South Dakota, located east of Highway 16 and ¼ mile north of Catron Boulevard.  The point of beginning for said parcel bears N00º00’39”E a distance of 712.38 feet from the former southeast corner of Aladdin Heights Subdivision, said point of beginning also bears S00º00’39”W a distance of 30.01 feet from the southeast corner of Lot 3 of Block 3 of the Aladdin Heights Subdivision which is marked with a 5/8” rebar with survey cap marked “LS 1019”, said parcel is more particularly described as follows:  Thence First Course: along a line with a bearing of S89º59’21”E and a distance of 175.00; Thence Second Course: along a line with a bearing of S00º00’39”W and a distance of 475.19 feet; to an intersection with the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 4 with a bearing of N25º59”34”W and a distance of 55.28 feet; to the northeast corner of Lot 3 of Block 1 of Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with survey cap marked “LS 6117”; Thence Fourth Course: along the north line of said Lot 3 with a bearing of N71º06’44”W and a distance of 159.33 feet; to an intersection with easterly line of Aladdin Heights Subdivision; Thence Fifth Course: along the easterly line of Aladdin Heights Subdivision with a bearing of N00º00’39”E and a distance of 373.95 feet to the point of beginning, located northeast of the intersection of Promise Road and South Highway 16.

96.             No. 06RZ030 - A request by Dan Wilson for Site Work Specialists for a Rezoning from Office Commercial District to General Commercial District on Parcel “B” located in the SE1/4 SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Highway 16 and ¼ mile north of Catron Boulevard.  The point of beginning being coincident of the southeasterly angle point corner of Lot 6, Block 1, Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with a survey cap marked “LS 6117”, said point of beginning bears N14º47’32”E a distance of 83.36 feet from the northeasterly angle point corner of Lot 6 of Block 1 of Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with survey cap marked “LS 6117”, said parcel is more particularly described as follows: Thence First Course: along a line with a bearing of S14º47’32”W and a distance of 462.12; Thence Second Course: along a line with a bearing of N47º07’10”W and a distance of 473.75 feet; Thence Third Course: along a line with a bearing of N51º24’18”W and a distance of 360.81 feet; to an intersection with southerly line of Lot 9 of Block 1 of Tower Ridge 2 Subdivision; Thence Fourth Course: along southerly line of Tower Ridge 2 Subdivision with a bearing of S62º12’23”E and a distance of 498.86 feet; to the southeast corner of Lot 7 of Block 1 of Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with a survey cap marked “LS 6117”; Thence Fifth Course: along the southerly line of Lot 6 Block 1 of Tower Ridge 2 Subdivision with a bearing N66º39’36”E and a distance of 333.09 feet to the point of beginning, located northeast of the intersection of Promise Road and South Highway 16.

97.             No. 06RZ032 - A request by Sperlich Consulting, Inc. for Schriner Investments, LLC for a Rezoning from General Agriculture District to Low Density Residential District on an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4; excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4, SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Stumer Road.

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

99.             No. 06SV030 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Fairmont Boulevard and to waive the requirement to install curb, gutter, sidewalk, street light conduit and to reduce right-of-way width from 52 feet to 49 feet and to reduce pavement width from 27 feet to 24 feet along Pevans Parkway as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 5, Skyline Pines East, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 SE1/4, less Walpole Heights Subdivision, and less right-of-way, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Mount Rushmore Road and Tower Road.

100.         No. 06SV049 - A request by Renner & Associates for Royal Nielsen for a Variance to the Subdivision Regulations to reduce the right-of-way from 49 feet to 25 feet along an access easement and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along an access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot A, formerly a portion of Lot 15 Revised, Hills View Subdivision, located in the NE1/4 SE1/4, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Lot 15 Revised, Hills View Subdivision, located in the NE1/4 SE1/4, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, located west of Hillside Drive and North of SD Highway 44.

101.         No. 06SV052 - A request by D. C. Scott Co. Land Surveyors for IGT for a Variance to the Subdivision Regulations to waive the requirement to develop the section line roadway; to dedicate additional public right-of-way; and waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water, additional pavement and planting screen easement on Lots 1 and 2, IGT Subdivision, formerly Tract B of Tract 1 of the W1/2 SW1/4, Section 23, and Tract 2 of the SW1/4 NW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract B of Tract 1 of the W1/2 SW1/4, Section 23, and Tract 2 of the SW1/4 NW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of SD Highway 16 and south of Fox Road.

102.         No. 06SV053 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Brent Pushing for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on a parcel of land located in the SW1/4 SE14/ SE1/4; SE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4, Section 25, T2N, R6E, BHM, Pennington County, South Dakota, located northwest of the terminus of Sun Ridge Road.

103.         No. 06SV055 - A request by Renner & Associates for ARC International for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water  and sewer along the access easement; and to waive the requirement to install sidewalk along SD Highway 44 as per Chapter 16.16 of the Rapid City Municipal Code on Lot 3 of Barnhart Addition, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the balance of the residual portion of Lots B and C, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2990 East Highway 44.

104.         No. 06VR007 - A request by Centerline, Inc. for Rapid City Area School District No. 51 for a Vacation of Section Line Right-of-Way on the Section line Right-of-Way lying in the SW1/4 SW1/4 SE1/4, Section 13, and the NW1/4 NW1/4 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Fifth Street and north of Enchanted Pines Drive.

Continue the following items until November 20, 2006:

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

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearings (comment)

PUBLIC HEARING CONSENT ITEMS – Items 106 - 108

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

106.         Sioux Restaurants, LLC dba T.G.I. Friday’s, 2205 N. LaCrosse Street for a Retail (On-Sale) Liquor License transfer from Restech Partners, Inc. dba T. G. I. Friday’s, 2205 N. LaCrosse Street

107.         Lily Corp. dba Flowers By LeRoy, 2016 West Main Street for a Package (Off-Sale) Liquor License

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

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

PUBLIC HEARING NON-CONSENT ITEMS – Items 109 - 118

109.         No. 06CA018 - A request by Dream Design International for an Amendment to the Comprehensive Plan to change the land use designation from General Agriculture to Low Density Residential with a Planned Residential Development on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of Elk Vale Road, northeast of Old Folsom Road and south of Elks Country Estates.

110.         No. 06CA029 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Area Future Land Use Plan to change the land use designation from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on a tract of land located in the NE1/4 SE1/4, SE1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, Rapid City, South Dakota.  More particularly described as follows: Commencing at the Northwest corner of Highway Lot H1 as recorded on page 163 of Highway Plat Book 10, said point being consistent with the Northeast corner of Right-of-Way at the intersection of Spruce Street and Farnwood Avenue; Thence S89º45'36"E a distance of 395.85 feet to a point on the on the north line of said Lot H1, this point being the True Point of Beginning; Thence S89º45'36"E a distance of 475.49 feet to a point on the on the north line of said Lot H1; Thence S63º37'55"E a distance of 458.10 feet; Thence S00º14'19"W a distance of 301.48 feet; Thence N61 23'38"W a distance of 762.07 feet; Thence N15º06'13"W a distance of 63.41 feet; Thence N89 45'36"W a distance of 199.09 feet; Thence N00º00'42"W a distance of 80.00 feet to the point of beginning; Said tract of land containing 4.42 acres, more of less, located at the eastern terminus of Farnwood Avenue.

111.         No. 06CA030 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Area Future Land Use Plan to change the land use designation from Medium Density Residential to General Commercial with a Planned Commercial Development on a tract of land located in the NE1/4 SE1/4, and the SE1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota. More particularly described as follows: Commencing at the Northwest corner of Highway Lot H1 as recorded on page 163 of Highway Plat Book 10, said point being consistent with the Northeast corner of Right-of-Way at the intersection of Spruce Street and Farnwood Avenue, this point being the True Point of Beginning; Thence S89º45'36"E a distance of 395.85 feet to a point on the north line of said Lot H1; Thence S00º00'42"E a distance of 80.00 feet to a point on the south line of said Lot H1; Thence N89º45'36"W a distance of 395.84 feet to the southwest corner of said Lot H1; Thence N00º01'26"W a distance of 80.00 feet to the point of beginning; Said tract of land containing 0.73 Acres, more of less, located at the eastern terminus of Farnwood Avenue.

112.         No. 06SV035 - 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, additional right-of-way and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3, Seljeskog Subdivision, located in the SE1/4 NE1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land described as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4 NE1/4; NW1/4 NE1/4 NE1/4 SE1/4; NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2151 Skyline Ranch Road.

113.         No. 06SV039 - A request by Dream Design International for a Variance to the Subdivision Regulations to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code 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.

114.         No. 06SV054 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Harley Taylor for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk along Elysian Court and Carriage Hills Drive and to reduce the pavement width along Carriage Hills Drive from 40 feet to 27 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2, 3, 4A, 4B, 5, 6, 7, 8, Elysian Heights Subdivision, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the N½ SW¼ of Section 21, T1N, R7E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of the N½ SW¼ of said Section 21, said point being also known as the center of said Section 21 and said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates (as shown on the plat recorded in Plat Book 21 page 102) and also coincident with the northwest corner of Lot 9 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), said point being marked by a rebar with cap “LS 1019”; thence, southerly along the north-south quarter section line and along the west line of said Lot 9 of Block 3 of Wildwood Subdivision, S00º00’48”E, a distance of 170.74 feet more or less, to the southwest corner of said Lot 9 of Block 3, of Wildwood Subdivision, said point being coincident with the northwest corner of Lot 10 of Block 3 of Wildwood Subdivision, and said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing southerly along the center quarter section line and along the west line of said Lot 10 of Block 3 of Wildwood Subdivision, S00º03‘36”W, a distance of 655.65 feet more or less, to the southwest corner of said Lot 10 of Block 3 of Wildwood Subdivision, said point being coincident with a point on the northerly line of Lot 11 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 11 of Block 3 of Wildwood Subdivision, S32º53’42”W, a distance of 67.03 feet more or less, to the westerly corner of said Lot 11 of Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 12 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 17 on Page 187), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 12 of Block 3 of Wildwood Subdivision, S32º58’25”W, a distance of 65.94 feet more or less, to the northwest corner of said Lot 12 in Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 13R of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 30 on Page 34), and said point being marked by a rebar with cap “FISK LS 1771”; thence, S90º00’00”W, a distance of 704.97 feet more or less; thence, N90º00’00”W, a distance of 747.30 feet more or less; thence, N69º00’53”W, a distance of 37.22 feet more or less; thence, southwesterly and curving to the right on a curve with a radius of 492.26 feet, a delta of 02º26’04”, an arc length of 20.92 feet more or less, and a chord bearing of S25º13’48”W, and a chord distance of 20.91 feet, more or less; thence, N63º33’10”W, a distance of 100.00 feet more or less; thence, northeasterly and curving to the left on a curve with a radius of 392.26 feet, a delta of 09º44’59”, an arc length of 66.75 feet more or less, and a chord bearing of N21º34’20”E, and a chord distance of 66.67 feet, more or less; thence, S83º00’00”W, a distance of 363.67 feet more or less; thence, S04º41’43”E, a distance of 202.00 feet more or less; thence, S35º35’41”W, a distance of 163.11 feet more or less, to a point on the 1/16th section line; thence, S89º47’34”W, a distance of 331.70 feet more or less, to a point on the 1/256th section line; thence, northerly along said 1/256th section line, N00º12’26”W, a distance of 463.97 feet more or less, to a point on the east-west one-quarter section line of said Section 21, said point also being located on the south line of Lot 9 of Block 5 of Westview Estates Subdivision (as shown on the plat recorded in Plat Book 27 on Page 177); thence, easterly along said one-quarter section line and along the south line of said Lot 9 of Block 5 of Westview Estates and along the south line of Lot 1 of Block 5 of Westview Estates (as shown on the plat recorded in plat Book 27 on Page 177), N89º47’51”E, a distance of 331.81 feet, more or less, to a point on the north-south 1/16th section line, said point being marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot One (1) of Block Five (5) of Westview Estates, N89º46’54”E, a distance of 272.14 feet more or less, to a point marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 1 of Block 5 of Westview Estates and along the south line of Carriage Hills Drive right-of-way, N89º51’26”E, a distance of 270.78 feet more or less, to the southeast corner of the terminus of Carriage Hills Drive, said point also being coincident with the southwest corner of Lot 27 of Block 3 of Westview Estates (as shown on the plat recorded in Plat Book 27 on page 177), said point being marked by a rebar with survey cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º50’31”E, a distance of 224.99 feet, more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º48’02”E, a distance of 29.61 feet more or less, to the southeast corner of said Lot 27 of Block 3 of Westview Estates, said point also being coincident with the southwest corner of Lot 26R of Block 3 of Westview Estates (as shown on the plat recorded in plat Book 27 on page 177), said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º52’45”E, a distance of 100.03 feet more or less, to a point marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º46’22”E, a distance of 165.37 feet more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º48’13”E, a distance of 134.59 feet more or less, to the southeast corner of said Lot 26R of Block 3 of Westview Estates, said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates, and said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot R of Block 3 of Westview Estates, N89º48’06”E, a distance of 130.02 feet more or less, to the point of beginning, located southern terminus of Carriage Hills Drive.

115.         No. 06RZ019 – Second Reading, Ordinance No. 5166, a request by Dream Design International for a Rezoning from No Use District to Low Density Residential District on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of Elk Vale Road, northeast of Old Folsom Road and south of Elks Country Estates.

116.         No. 06RZ031 - Second Reading, Ordinance No. 5187, a request by Lund Associates, Ltd. For Rapid City Regional Hospital for a Rezoning from Medium Density Residential District to Office Commercial District on Lot 1, Block 1, Fox Run Subdivision, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 301 Fox Run Drive.

117.         No. 06RZ033 - Second Reading, Ordinance No. 5189, a request by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on a tract of land located in the NW1/4 SE1/4, NE1/4 SE1/4, and the SE1/4 SE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota.  More particularly described as follows: Commencing at the Northwest corner of Highway Lot H1 as recorded on page 163 of Highway Plat Book 10, said point being consistent with the Northeast corner of Right of Way at the intersection of Spruce Street and Farnwood Avenue; Thence S89º45'36"E a distance of 395.85 feet to a point on the on the north line of said Lot H1, this point being the True Point of Beginning; Thence S89º45'36"E a distance of 665.22 feet to the Northeast corner of said Lot H1; Thence N89º59'58"E a distance of 221.59 feet; Thence S00º14'32"W a distance of 504.15 feet; Thence 61º23'38"W a distance of 711.10 feet; Thence S82º00’57”W a distance of 80.00 feet; Thence along the arc of a curve to the left whose chord bears N14º13’23”W with a length of 99.98 feet, having a radius of 460.00 feet, a central angle of 12º28'41" and an arc length of 100.18 feet, to a point on the south line of said Lot H1; Thence 89º45’36”W a distance of 156.57 feet, to the Southwest corner of said Lot H1; Thence N00º00’42”W a distance of 80.00 feet to the point of beginning, located at the eastern terminus of Farnwood Avenue.

118.         No. 06RZ035 - Second Reading, Ordinance No. 5190, a request by Dream Design International, Inc. for a Rezoning from Medium Density Residential District to General Commercial District on a tract of land located in the NE1/4 SE1/4, and the SE1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota. More particularly described as follows: Commencing at the Northwest corner of Highway Lot H1 as recorded on page 163 of Highway Plat Book 10, said point being consistent with the Northeast corner of Right-of-Way at the intersection of Spruce Street and Farnwood Avenue, this point being the True Point of Beginning; Thence S89º45'36"E a distance of 395.85 feet to a point on the north line of said Lot H1; Thence S00º00'42"E a distance of 80.00 feet to a point on the south line of said Lot H1; Thence N89º45'36"W a distance of 395.84 feet to the southwest corner of said Lot H1; Thence N00º01'26"W a distance of 80.00 feet to the point of beginning; Said tract of land containing 0.73 Acres, more of less, located at the eastern terminus of Farnwood Avenue.

BILLS

119.         No. CC100206-01 Bill List for October 2, 2006

ADDENDUM 

COUNCIL ITEMS & LIAISON REPORTS

77.A.   Request for recommendation / update from Sign Ordinance Review Committee, Aldermen Kooiker & Schumacher

ADJOURN