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

November 20, 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 November 6, 2006, Information Meeting of November 8, 2006, and special Council of October 20, 2006 and October 30, 2006

AWARDS AND RECOGNITIONS

1.                  Award of Fannie Mae Grant Check

2.                  Veteran of the Month for November, 2006

3.                  Employee Awards for November, 2006

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 4 - 160

Public Comment closed

CONSENT ITEMS – Items 4 - 138

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

Alcoholic Beverage License Applications Set for Hearing (December 4, 2006)

RETAIL (ON-SALE) WINE LICENSE RENEWAL FOR 2007

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

5.                  CEC Entertainment, Inc. dba Chuck E Cheese’s, 30 Knollwood Drive, for a Retail (On-Sale) Wine License

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

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

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

9.                  Chrisbro, LLC dba Hampton Inn, 1720 Rapp Street, for a Retail (On-Sale) Wine License

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

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

12.             Great Wall, Inc. dba Imperial Chinese Restaurant, 702 E. North Street, for a Retail (On-Sale) Wine License

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

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

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

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

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

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

PACKAGE (OFF-SALE) LIQUOR LICENSE RENEWAL FOR 2007

19.             Albertsons, LLC dba Albertsons Food Center #845, 855 Omaha Street, for a Package (Off-Sale) Liquor License

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

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

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

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

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

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

26.             Tanya Tschakert dba Caffe” Amore, 505 North 5th Street, for a Package (Off-Sale) Liquor License

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

28.             Sully Enterprises, LLC dba Common Cents, 634 East North Street, for a Package (Off-Sale) Liquor License

29.             Flannery Oil Company dba Corner Pantry, LaCrosse Street, 2130 LaCrosse Street, for a Package (Off-Sale) Liquor License

30.             Dakota’s Best & Brown Bag Deli, Inc. dba Dakota’s Best & Brown Bag Deli, 818 Main Street             for a Package (Off-Sale) Liquor License

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

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

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

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

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

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

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

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

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

40.             Smith’s Liquor Gallery, Inc. dab Smith’s Liquor Gallery, 2218 Jackson Blvd., Ste. 1, for a Package (Off-Sale) Liquor License

41.             Thrifty Smoke Shop, Inc. dba Thrifty Smoke Shop, 718 East St. Patrick Street, for a Package (Off-Sale) Liquor License

42.             Thrifty Smoke Shop, Inc. dba Thrifty Smoke Shop III, 3030 W. Main Street, Ste. B, for a Package (Off-Sale) Liquor License

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

44.             Orris Enterprises, Inc. dba Vino 100, 520 7th Street, #520, for a Package (Off-Sale) Liquor License

RETAIL (ON-SALE) LIQUOR LICENSE RENEWAL FOR 2007

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

46.             Hotel Management Co., Inc. dba Alex Johnson Hotel, 523 Sixth Street, for a Retail (On-Sale) Liquor License and Sunday Opening

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

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

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

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

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

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

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

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

55.             Retsel, Inc. dba Cheers/Ramada Inn, 1721 LaCrosse Street, for a Retail (On-Sale) Liquor License and Sunday Opening

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

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

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

59.             Marton Management, Inc. dba Days Inn Lounge, 725 Jackson Boulevard, for a Retail (On-Sale) Liquor License and Sunday Opening

60.             Hansen Investments, Inc. dba Diamond Dave’s Taco Co., Rushmore Mall, 2200 N. Maple, for a Retail (On-Sale) Liquor License and Sunday Opening

61.             Fraternal Order of Eagles dba Rapid City Aerie #3555, 1410 Centre Street, for a Retail (On-Sale) Liquor License and Sunday Opening

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

63.             Fat Boy’s, Inc. dba Firehouse Brewing Company, 610 Main Street, for a Retail (On-Sale) Liquor License and Sunday Opening

64.             Michael Wieceler dba Horseshoe Bar, 1407 ½ E. North Street , for a Retail (On-Sale) Liquor License and Sunday Opening

65.             Kurylas, Inc. dba Imperial Inn, 100 St. Joseph Street, for a Retail (On-Sale) Liquor License

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

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

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

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

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

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

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

73.             Oasis Lounge, Inc. dba Oasis Lounge, 711 Main Street, for a Retail (On-Sale) Liquor License

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

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

76.             Phatty McGees, Inc. dba Phatty McGees, 321 Seventh Street, for a Retail (On-Sale) Liquor License and Sunday Opening

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

78.             Viper, LLC dba Quality Inn/Reunion Lounge, 1902 LaCrosse Street, for a Retail (On-Sale) Liquor License and Sunday Opening

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

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

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

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

83.             Rushmore Cuisine, Inc. dba Ruby Tuesday, 2709 Mt. Rushmore Rd., for a Retail (On-Sale) Liquor License and Sunday Opening

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

85.             Shotgun Willies, Inc. dba Shotgun Willie’s, 2808 West Main, for a Retail (On-Sale) Liquor License and Sunday Opening

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

87.             Luke Lester Investments, LLC dba The Stampede, 640 E. St. Patrick Street, for a Retail (On-Sale) Liquor License and Sunday Opening

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

89.             VFW dba Rushmore Post 1273, 420 Main Street, for a Retail (On-Sale) Liquor License and Sunday Opening

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

Public Works Committee Consent Items

91.             No. PW080106-01 – Approve a request by Dream Design International for authorization to prepare an H-Lot located in the N1/2 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County on behalf of the City of Rapid City and authorize acceptance of deeds.  

92.             No. PW111406-03 – Approve Change Order No. 1F for Chip Seal Project No. STCM06-1539 to Hills Materials Company for an increase of $889.65. 

93.             No. PW111406-04 - Approve Change Order No. 1F for Haines Avenue PCCP Panel Repair Project No. STCM06-1537 / CIP No. 50445 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $21,133.07. 

94.             No. PW111406-05 - Approve Change Order No. 1F for Brookfield Development Sewer Force Main Project No. SS05-1524 / CIP No. 50376 to Rapid Construction Company for a decrease of $172.50. 

95.             No. PW111406-06 - Approve Change Order No. 1F for Brookfield Estates Sanitary Sewer & Dumping Vault Project No.  SS05-1524 / CIP No. 50376 to Rapid Construction Company for an increase of $3,140.80. 

96.             No. PW111406-07 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Stanley Consultants, Inc. for the development of a funding brochure for the Source Water Protection Project No. SSW06-1630 for an amount not to exceed $9,850.00. 

97.             No. PW111406-08 – Authorize the acceptance of the public water and sanitary sewer utility improvements completed by the Palo Verde Improvement, LLC. 

98.             No. PW111406-09 – Authorize the acceptance of the public water main utility improvement completed by the Black Hills Area Habitat for Humanity.  

99.             No. PW111406-10 – Approve a request to solicit consultant services for the design and construction administration for the reconstruction of three blocks of Saint Andrew Street from 5th Street to 2nd Street; Project No. ST07-1604. 

100.         Acknowledge the applicant’s request to withdraw No. 06PD065, a Major Amendment to a Planned Residential Development; and schedule a public neighborhood meeting on November 29, 2006 at 6:30 p.m. 

101.         No. 06TP027 - Approve 2007 Unified Planning Work Program – Final Report

102.         No. 06TP028 - Approve 2007-2011 Transportation Improvement Program Amendment No. 07-004

103.         No. 06TP029 – Approve 2007-2011 Transportation Improvement Program Amendment No. 07-005

104.         No. 06TP030 – Approve 2007-2011 Transportation Improvement Program Amendment No. 07-006

105.         No. 06TP031 – Approve 2007-2011 Transportation Improvement Program Amendment No. 07-007

106.         No. 06TP032 – Approve 2007-2011 Transportation Improvement Program Amendment No. 07-008

107.         No. 06TP033 – Approve 2007-2011 Transportation Improvement Program Amendment No. 07-009

108.         No. 06TP034 – Approve 2007-2011 Transportation Improvement Program Amendment No. 07-010

109.         No. 06VE027 - Approve a request by Kenneth N. and Helen W. Han to consider an application for a Vacation of a note on a Plat on Lot 33, Block 3, Countryside South Subdivision, Section 32, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5499 Blue Stem Court. 

110.         No. 06VE028 - Approve a request by Fisk Land Surveying for Richard Gary and Cory Michael Lundstrom to consider an application for a Vacation of Note on a Plat on Lot 3, Stonehanks Subdivision, located in the SW1/4 SE1/4, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2525 West Chicago Street. 

111.         No. 06VE029 - Approve with stipulations a request by Fisk Land Surveying for Richard Gary and Cory Michael Lundstrom to consider an application for a Vacation of an Easement on Lot 3, Stonehanks Subdivision, located in the SW1/4 SE1/4, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2525 West Chicago Street.  

Legal & Finance Committee Consent Items

112.         Acknowledge the report regarding proposals and concepts for the downtown area. 

113.         No. LF080206-04AApprove addition of the following language to the top of the Application for City License:  “Notice: Failure TO Disclose Any Criminal or Traffic Offenses May Result in the Denial of this License by the Rapid City Common Council” and to strike the words “arrested or” under the subtitle labeled “Legal”. 

114.         Approve appointment of Mike Bauer to the Horace Mann Pool Task Force. 

115.         No. LF111506-03 – Approve Travel Request for Rodney Proffitt, Larry Noble, Jenni Dragoo, and Brenda Vespested to attend the ArcGIS 9.0 training at the South Dakota School and Mines of Technology, Rapid City, SD, December 13-15, 2006 in an amount not to exceed $1,700.00. 

116.         No. 06TP035 – Authorize the Mayor and Finance Officer to sign Amendment No. 3 to the Professional Services Agreement with Ferber Engineering Company, Inc., for the Southeast Connector Neighborhood Area Future Land Use Plan at No Cost - Time Extension Only. 

117.         No. 06TP036 - Authorize the Mayor and Finance Officer to sign the 2007 Agreement between the City of Rapid City and the South Dakota Department of Transportation for accomplishing the Rapid City Area Transportation Planning Process – Federal Highway Administration Planning Funds in the amount of $576,664. 

118.         No. 06TP037 – Authorize the Mayor and Finance Officer to sign the 2007 Agreement between the City of Rapid City and the South Dakota Department of Transportation for accomplishing the Rapid City Area Transportation Planning Process – Federal Transit Administration Planning Funds in the amount of $82,989. 

119.         No. 06TP038 – Authorize the Mayor and Finance Officer to sign Agreement between City of Rapid City and City of Box Elder for Accomplishing the Rapid City Area Transportation Planning Process. 

120.         No. LF111506-04 – Approve a Contract for Wellness Screening Services between Rapid City Regional Hospital, Inc. and City of Rapid City. 

121.         Authorize the expenditure of $1,150 from the Council Contingency for use of the bleachers by the Parade of Lights and to waive the $2,000 deposit. 

122.         Accept Fire Act grant in the sum of $162,384 for protective clothing. 

123.         No. LF111506-05 – Approve Rapid Transit System Downtown Trolley Advertising Agreement. 

124.         No. LF111506-06 – Approve Travel Request for Dean Hartford to attend Technical Training in Denver, CO, January 3-6, 2007, in an approximate amount of $1,524. 

125.         No. LF111506-07 – Approve Travel Request for Recreation Division Manager Doug Lowe to Attend the Pacific Northwest Resource Management School in Port Townsend, WA, February 25-March 2, 2007, at an approximate cost of $1,500. 

126.         No. LF111506-08 – Approve a Resolution Establishing Fees for Grave Spaces and Cemetery Services. 

127.         No. LF111506-09 – Approve a Resolution Establishing 2007 Golf Course Fees. 

128.         No. LF111506-11 – Authorize the Mayor and Finance Officer to sign Agreement between the City of Rapid City and Zandstra Construction, Inc. and/or ZCO, Inc. for the Completion of Subdivision Improvements. 

129.         No. LF111506-12 – Acknowledge a Request from the University of South Dakota Department of Nursing to hold raffle. 

130.         No. LF111506-13 – Authorize the Mayor and Finance Officer to sign a Memorandum of Understanding with AFSCME. 

131.         No. LF111506-14 – Approve Request for Proposals (RFP) and authorize staff to advertise for housing proposals for the Fannie Mae revolving line of credit currently under Council consideration. 

132.         No. LF111506-15 – Preliminary approval of the Subsidy Committee’s recommendations for FY 2007 Annual Action Plan Community Development Block Grant (CDBG) Allocations. 

133.         No. LF111506-16 – Authorize the Mayor to sign the Combined Notice of Finding of No Significant Impact; the Notice of Intent to Request Release of Grant Funds; the HUD Request for Release of Funds; and the Certification form for Dahl Fine Arts Center. 

134.         No. LF111506-20 - Ratify First Amendment to Agreement with Nine Liens. 

135.         No. LF111506-17 – Approve refund for Robert D. Williams, 2005, $995.66. 

136.         Approve the following license:  Trenching Journeyman:  Thomas Nickels. 

Growth Management Department Consent Items

137.         No. 06AN004 - A request by Fisk Land Surveying & Consulting for Harley Taylor for a Petition for Annexation on 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 at the southern terminus of Carriage Hills Drive.

138.         No. 06PL168 - A request by Jean-Francois and Michelle Julien for a Layout Plat on Lots 6A and 6B, Long Acres Square Subdivision, formerly Lot 6, except the west 91.5 feet, Long Acre Square Subdivision, Section 8, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 6, except the west 91.5 feet, Long Acre Square Subdivision, Section 8, T1N, R8E, BHM, Pennington County, South Dakota, located at 2111 South Valley Drive.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS – Items 139 - 160

ORDINANCES

139.         No. 06RZ060 – First Reading, Ordinance No. 5213, a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on Tract B, Meadow View Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard and South Hill Subdivision and East of U. S. Highway 16.

140.         No. 06RZ061 - First Reading, Ordinance No. 5214, a request by Dream Design International, Inc. for a Rezoning from General Commercial District to Light Industrial District on Lot 1 B of Starlite Subdivision located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

141.         No. 06RZ062 - First Reading, Ordinance No. 5215, a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on NE1/4 SW1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of U. S. Highway 16 and south of Sammis Trail.

142.         No. LF083006-17 - Second Reading, Ordinance No. 5180 Establishing Budgetary Controls by Amending Chapter 2.04 of the Rapid City Municipal Code. 

143.         No. 06RZ038 – Second Reading, Ordinance No. 5198, a request by City of Rapid City and DTH LLC for a Rezoning from Medium Density Residential to Public on Tract H, McMahon Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Champion Drive and east of Vicki Powers Park.

144.         No. 06RZ039 - Second Reading, Ordinance No. 5199, a request by Fisk Land Surveying & Consulting for Harley Taylor for a Rezoning from No Use District to Low Density Residential District on 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, North, 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 at the southern terminus of Carriage Hills Drive.

145.         No. 06RZ041 - Second Reading, Ordinance No. 5206, a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on a parcel of land located in the NE1/4 NE1/4, SE1/4 NE1/4, NE1/4 SE1/4, SE1/4 SE1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Tartan Court and Catron Boulevard.

146.         No. 06RZ042 - Second Reading, Ordinance No. 5201, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on a parcel of land located in the E1/2 SE1/4 SE1/4 SW1/4 SW1/4; SW1/4 SW1/4 SE1/4 SW1/4; W1/2 SE1/4  SW1/4 SE1/4 SW1/4; S1/2 NW1/4, SW1/4 SE1/4 SW1/4; SW1/4 NE1/4, SW1/4 SE1/4 SW1/4; all less R & L Subdivision, less a strip of land 80 foot wide adjacent and parallel to the southeast line of Lot 3, R & L Subdivison, less a strip of land 100 feet wide adjacent and parallel to north boundary of I90 and less right-of-way, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Interstate 90 and east of Harley Drive.

147.         No. 06RZ043 - Second Reading, Ordinance No. 5207, a request by City of Rapid City for a Rezoning from No Use District to Light Industrial District on Lot B of the W1/2 SW1/4, less Lot H1; and Lot Y of Lot H2 of the SW1/4 less Lot H1 and H2, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Deadwood Avenue and Interstate 90.

148.         No. 06RZ044 - Second Reading, Ordinance No. 5208, a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on SW1/4 NW1/4, W1/2 SW1/4, Section 23, T2N, R7E; W1/2 NW1/4 lying North of Interstate 90, Section 26, T2N, R7E; the unplatted portion of N1/2 lying north of Interstate 90, Section 27, T2N, R7E; and, all of Section 22 lying north of Interstate 90 less Lot 1 thru 3 of R & L Subdivision and less Lot 1R Revised and Lot 2R Revised of Summit Industrial Park, all located in Section 22; and less Lot B of W1/2SW1/4 less Lot H1 and Lot Y of Lot H2 of SW1/4 less Lot H1 and Less Lot H2, Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and less E1/2, SE1/4 SE1/4, SW1/4 SW1/4; SW1/4 SW1/4, SE1/4 SW1/4; W1/2 SE1/4, SW1/4 SE1/4 SW1/4; S1/2 NW1/4, SW1/4 SE1/4 SW1/4; SW1/4 NE1/4, SW1/4 SE1/4 SW1/4; All less R & L Subdivision, less a strip of land 80’ wide adjacent and parallel to SE line of Lot 3, R & L Subdivision, less a strip of land 100 ‘ wide adjacent and parallel to north boundary of I-90 and less ROW, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Deadwood Avenue and Interstate 90.

149.         No. 06RZ053 - Second Reading, Ordinance No. 5204, a request by Dream Design International, Inc. for a Rezoning from Public District to Low Density Residential District on Lots 1 thru 6, Tract A, Lots 7 and 8, Tract B, all of Lot 1 of New Park Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and South of Kathryn Avenue.

150.         No. 06RZ055 - Second Reading, Ordinance No. 5205, a request by CETEC Engineering Services, Inc. for Generations, Inc. for a Rezoning from General Agriculture District to Office Commercial District on the  south 495 feet of the NE1/4 SE1/4, less Lot 1 of Bendert Subdivision; and the  SE1/4 SE1/4 of  Section 22, Unplatted,  T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.

151.         No. 06RZ056 - Second Reading, Ordinance No. 5210, a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the unplatted balance of the NW1/4 NE1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Catron Boulevard and east of U.S. Highway 16.

152.         No. 06RZ057 - Second Reading, Ordinance No. 5211, a request by John Skulborstad for a Rezoning from Park Forest District to Office Commercial District on Lot 1, Vista Lake Subdivision No. 2, located in the NE1/4 SW1/4 and the N1/2 SE1/4, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4600 Jackson Boulevard.

153.         No. 06RZ059 - Second Reading, Ordinance No. 5212, a request by John Diedrichs and Kirk Wermager for a Rezoning from Park Forest District to Low Density Residential District on Lot 1R of Tract B; Lot 2R2 of Tract B; Woodford Dr., a private drive and utility easement; all located in Springbrook Acres, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Golden Eagle Drive.

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

154.         Performing Arts Coalition (Community Theatre) report

155.         Report on the Adams Street facility 11-6-19 review

156.         No. LF111506-10 – Approve a Resolution Establishing Fees for the Rapid City Municipal Swimming Pools. 

PUBLIC WORKS COMMITTEE ITEMS

157.         No. PW111406-02 – Approve the award an Informal Quote for Parkview Softball Complex Dug-Out Covers to Dakota Craft, Inc. in the amount of $8,079.17. 

158.         No. CC110606-02 - Approve bid award for Bus Bench Advertising for Rapid Transit Division, opened November 1, 2006. 

159.         No. 06EX074 – A request for an Exception to Section 3.2.2 of the City of Rapid City Street Design Criteria Manual to increase the maximum street grade from 10 percent to 15 percent, associated with Plat File No. 06PL170.

BIDS

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

160.         Direct the Legal and Finance Committee to deliver the recommendation from the Code Enforcement Ask Force to the Council at its December 4, 2006 regular meeting

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 161 – 208

CONTINUED PUBLIC HEARINGS CONSENT ITEMS – Items 161 - 190

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

Continue the following items until December 4, 2006:

161.         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.

162.         No. 06CA036 - A request by CETEC Engineering Services, Inc. for Franklin O. Simpson for an Amendment to the Comprehensive Plan to revise the Major Street Plan to relocate a  minor arterial street on a parcel of land in the NW¼ SW¼, Section 26 and the NE¼ SE¼, Section 27, T2N, R7E, B.H.M., Rapid City, Pennington County, South Dakota being more particularly described as follows: Beginning at the Northwest corner of Tract B of Fountain View Subdivision as recorded in Book 29, Page 239, said point being monumented with an Iron rod; Thence S72º10’55”W along the Right-of-Way of Harmony Heights Lane a distance of 319.49 feet to a point; Thence along the Right-of-Way of Harmony Heights Lane through a curve to the right having a radius of 229.63 feet, a distance of 3.70 feet; Thence S00º02’56”E 469.04 feet to a point on the South line of the NE¼ SE¼, Section 27; Thence N89º41’23”E 114.61 feet along said South line to a point on the East line of the NE¼ SE¼, Section 27 monumented with an Iron rod; Thence N89º55’39”E 390.12 feet along the South line of the NW¼ SW¼, Section 26 to a point; Thence N00º01’21”W 325.13 feet to a point; Thence S89º58’39”W 122.54 feet to a point; Thence N24º44’05”E 64.04 feet to a point on the 125 foot radius non-tangent curve of said Tract B that concaves to the Northeast; Thence along said curve to a chord intersect point N41º33’15”W at a distance of 100.51 feet; Thence N17º50’42”W 113.81 feet along the west line of said Tract B to the Point of Beginning, located south of  Harmony Heights Lane.

163.         No. 06CA041 - A request by Sperlich Consulting, Inc. for B&T Investments for a nAmendment to the Comprehensive Plan to change the land use designation from Residential to General Commercial with a Planned Commercial Development on a portion of the SE1/4 of the SE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northeasterly corner of the dedicated right-of-way of Severson Street as shown in Plat Book 29 on Page 128, and the Point of Beginning; Thence, first course: easterly, along the prolongation of the northerly boundary of Lot 3 of Corral Drive Subdivision, a distance of 470.00± feet, to a point on the westerly edge of the right-of-way of Lot H1 of the SE1/4 SE1/4 of said Section 16 (westerly edge of Sheridan Lake Road Right-of-Way); Thence, second course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 370.00± feet, to an angle point on the westerly edge of said Lot H1 of the SE1/4 of the SE1/4 of said Section 16; Thence, third course: southwesterly, along the westerly edge of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, a distance of 78.65± feet to an angle point on the westerly edge of said Lot H1 of the SE1/4 SE1/4 of said Section 16; Thence, fourth course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 84.65± feet to the southwesterly corner of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, common to a point on the northerly boundary of Lot 1 of the SE1/4 SE1/4 of Section 16 (Corral Drive right-of-way); Thence, fifth course: westerly, along the northerly boundary of said Lot 1 of the SE1/4 SE1/4 of Section 16, a distance of 345.47± feet, to the southeasterly corner of the right-of-way of said Severson Street; Thence, sixth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 89.41± feet, to a point of curve along the easterly edge of the right-of-way of said Severson Street; Thence, seventh course:  northerly, along the easterly edge of the right-of-way of said Severson Street, curving to the left on a curve with a radius of 326.00 feet, a delta angle of 09 21’07”, an arc length of 44.72± feet, to a point of tangency along the easterly edge of the right-of-way of said Severson Street; Thence, eighth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 366.70± feet, to the northeasterly corner of the dedicated right-of-way of said Severson Street, and the Point of Beginning, located at the northwest corner of the intersection of Sheridan Lake Road and Corral Drive.

164.         No. 06PL028 - A request by Davis Engineering, Inc. for Bernita White for a Preliminary Plat on Lots A1 and A2 of Bar P-S Subdivision, located in the W1/2 SW1/4, formerly Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, located adjacent to the south west curve of North Airport Road.

165.         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.

166.         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.

167.         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.

168.         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.

169.         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.

170.         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.

171.         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.

172.         No. 06PL132 - A request by CETEC Engineering for Franklin O. Simpson for a Layout Plat on Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, 11A and 11B of Block 3, Vacation of Public Access Easement, and dedicated public right-of-way of Fountain Springs Park Subdivision, located in the NW1/4 SW1/4, Section 26, and the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land in the NW¼ SW¼, Section 26 and the NE¼ SE¼, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows; Beginning at the Northwest corner of Tract B of Fountain View Subdivision as recorded in Book 29, Page 239, Said point being monumented with an Iron rod; Thence S72º10’55”W along the Right-of-Way of Harmony Heights Lane a distance of 319.49 feet to a point; Thence along the Right-of-Way of Harmony Heights Lane through a curve to the right having a radius of 229.63 feet, a distance of 3.70 feet; Thence S00º02’56”E 469.04 feet to a point on the South line of the NE¼ SE¼ of said Section 27; Thence N89º41’23”E 114.61 feet along said South line to a point on the East line of the NE¼ SE¼ of said Section 27 monumented with an Iron rod; Thence N89º55’39” E 390.12 feet along the South line of the NW¼ SW¼ of said Section 26 to a point; Thence N00º01’21”W 325.13 feet to a point; Thence S89º58’39”W 122.54 feet to a point; Thence N24º44’05”E 64.04 feet to a point on the 125 foot radius non-tangent curve of said Tract B that concaves to the Northeast; Thence along said curve to a chord intersect point N41º33’15”W at a distance of 100.51 feet; Thence N17º50’42”W 113.81’ along the West line of said Tract B to the Point of Beginning, located southwest of the intersection of Harmony Heights Lane and Sunny Springs Drive.

173.         No. 06PL133 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary Plat on Lots 16 thru 23, Block 1; Lots 1 thru 5, Block 3; Lots 1 thru 10, Block 4; Lots 1 thru 16, Block 5; Lots 1 thru 6, Block 6; and drainage Lot 1, Brookfield Subdivision, formerly a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4, Section 13, located in the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Three Rivers Drive.

174.         No. 06PL150 - A request by D. C. Scott Surveyors, Inc. for Gary Rossow for a Preliminary Plat on Lot GR and Lot HR2, formerly Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Red Rock Canyon Road and .09 miles from Chapel Lane Way.

175.         No. 06PL161 - A request by Dream Design International, Inc. for a Layout Plat on the north 389.4 feet of Tract C, located in the NW1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Sunset Vista Road and Sheridan Lake Road.

176.         No. 06PL162 - A request by Wyss Associates for Web Land Holdings, LLC for a Preliminary Plat on Lot 2, located in the SE1/4, formerly a portion of Lot A, located in the SE1/4 SE1/4; and a portion of the unplatted balance, all located in Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot A, located in the SE1/4 SE1/4; and a portion of the unplatted balance, all located in Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of the intersection of Tower Road and South Highway 16.

177.         No. 06PL163 - A request by Wyss Associates for Web Land Holdings, LLC for a Preliminary Plat on Lot 1, located in the SE1/4, formerly a portion of the unplatted balance of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Cathedral Drive.

178.         No. 06PL169 - A request by Boschee Engineering for Dr. Don Oliver for a Preliminary Plat on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West.

179.         No. 06PL170 - A request by Fisk Land Surveying & Consulting, Inc. for Brent Pushing for a Preliminary Plat on Lots 1 thru 4, Brentwood Subdivision, located in the S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4; SW1/4 SE1/4 SE1/4, Section 25, T1N, R6E, BHM, Pennington County, South Dakota, legally described as S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4; SW1/4 SE1/4 SE1/4, Section 25, T1N, R6E, BHM, Pennington County, South Dakota, located at the western terminus of Sun Ridge Road.

180.         No. 06PL171 - A request by Fisk Land Surveying for Harley Taylor for a Preliminary Plat on Lots 1 thru 8, Elysian Heights Subdivision and the dedicated Right-of-way, located in the N1/2 SW1/4, 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, North, 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 at the southern terminus of Carriage Hills Drive.

181.         No. 06RZ040 - A request by Sperlich Consulting, Inc. for B&T Investments for a Rezoning from Medium Density Residential District to General Commercial District on a portion of the SE1/4 of the SE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northeasterly corner of the dedicated right-of-way of Severson Street as shown in Plat Book 29 on Page 128, and the Point of Beginning; Thence, first course: easterly, along the prolongation of the northerly boundary of Lot 3 of Corral Drive Subdivision, a distance of 470.00± feet, to a point on the westerly edge of the right-of-way of Lot H1 of the SE1/4 SE1/4 of said Section 16 (westerly edge of Sheridan Lake Road Right-of-Way); Thence, second course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 370.00± feet, to an angle point on the westerly edge of said Lot H1 of the SE1/4 of the SE1/4 of said Section 16; Thence, third course: southwesterly, along the westerly edge of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, a distance of 78.65± feet to an angle point on the westerly edge of said Lot H1 of the SE1/4 SE1/4 of said Section 16; Thence, fourth course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 84.65± feet to the southwesterly corner of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, common to a point on the northerly boundary of Lot 1 of the SE1/4 SE1/4 of Section 16 (Corral Drive right-of-way); Thence, fifth course: westerly, along the northerly boundary of said Lot 1 of the SE1/4 SE1/4 of Section 16, a distance of 345.47± feet, to the southeasterly corner of the right-of-way of said Severson Street; Thence, sixth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 89.41± feet, to a point of curve along the easterly edge of the right-of-way of said Severson Street; Thence, seventh course:  northerly, along the easterly edge of the right-of-way of said Severson Street, curving to the left on a curve with a radius of 326.00 feet, a delta angle of 09 21’07”, an arc length of 44.72± feet, to a point of tangency along the easterly edge of the right-of-way of said Severson Street; Thence, eighth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 366.70± feet, to the northeasterly corner of the dedicated right-of-way of said Severson Street, and the Point of Beginning, located at the northwest corner of the intersection of Sheridan Lake Road and Corral Drive.

182.         No. 06RZ054 - A request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot 1, Tract K-1, Canyon Park Estates, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5740 West Highway 44.

183.         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.

184.         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.

185.         No. 06SV065 - 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 and pavement as per Chapter 16.16 of the Rapid City Municipal Code on the north 389.4 feet of Tract C, located in the NW1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Sunset Vista Road and Sheridan Lake Road.

186.         No. 06SV066 - A request by Boschee Engineering for Dr. Don Oliver for a Variance to the Subdivision Regulations to waive the Requirement to install curb, gutter, sidewalk, street light conduit, water, sewer, pavement; and to allow 10 foot wide dirt road to serve as access to Lot 1 and to allow Wilderness Canyon Road to remain a 24 foot paved street with water as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West.

187.         No. 06SV067 - A request by CETEC Engineering for Franklin O. Simpson for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on a parcel of land in the NE1/4 SE1/4, Section 27, T2N, R7E; and the NW1/4 SW1/4, Section 26 T2N, R7E, less part of Tract B and less Tract C, Wesleyan Christian, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: Commencing at the northwest corner of Tract B of Fountain View Subdivision as recorded in Book 29, Page 239, said point being monumented with an Iron rod; Thence S72º09’18”W along the Right-of-Way of Harmony Heights Lane a distance of 52.00 feet to the true point of beginning, a point to become the new northeast corner of Block 4 of Fountain Springs Park Subdivision. From said point, thence S72º11’11”W along the Right-of-Way of Harmony Heights Lane a distance of 267.40 feet; thence through a curve to the right having a radius of 230.00 feet, a distance of 6.54 feet to a point; Thence S17º50’42”E, 110.21 feet; Thence S15º26’14”E, 110.10 feet; Thence S00º04’38”E, 106.70 feet to a point; Thence N89º55’22”E, 429.64 feet to a point; Thence N00º04’38”W, 166.22 feet to a point; Thence N84º29’24”W, 52.96 feet; Thence N79º46’11”W, 113.48 feet; Thence N17º50’42”W, 220 feet to the northeast corner of Block 4.  Said parcel containing 2.97 acres more or less, legally described as the unplatted portion of the NE1/4 SE1/4, Section 27, T2N, R7E; and the NW1/4 SW1/4, Section 26 T2N, R7E, less part of Tract B and less Tract C, Wesleyan Christian, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Harmony Heights Lane and Sunny Springs Drive.

188.         No. 06SV068 - A request by Wyss Associates 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 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2, located in the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of the intersection of Tower Road and South Highway 16.

189.         No. 06VR009 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on Lot 2, O'Meara Addition and Lot B of the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Tower Road at the intersection of Skyline Ranch Road and Tower Road.

Continue the following items until December 18, 2006:

190.         No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of Section Line Highway on that portion of the statutory Section Line Right-of-Way lying in the NE1/4, SE1/4, Section 13, T2N, R7E, and that portion of the statutory Section Line Right-of-Way, lying in Tract 5, Sletten Addition, located in the NW1/4, SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the north to east curve of West Nike Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearings (comment)

PUBLIC HEARING CONSENT ITEMS – Item 191

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

191.         United Downtown Association, for a special Beer License for an event scheduled June 29 & 30, 2007 on Sixth Street between Main and Rapid Streets

ASSESSMENT ROLLS

OTHER ITEMS REQUIRING PUBLIC HEARINGS

PUBLIC HEARING NON-CONSENT ITEMS – Items 192 - 208

192.         No. 06CA034 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to change the land use designation from General Agriculture to Light Industrial with a Planned Light Industrial Development on Lot B of the W1/2 SW1/4, less Lot H1; and Lot Y of Lot H2 of the SW1/4 less Lot H1 and H2, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Deadwood Avenue and Interstate 90.

193.         No. 06CA035 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to change the land use designation from General Agriculture to General Commercial with a Planned Commercial Development on a parcel of land located in the E1/2 SE1/4  SE1/4 SW1/4 SW1/4; SW1/4 SW1/4  SE1/4 SW1/4; W1/2 SE1/4  SW1/4 SE1/4 SW1/4; S1/2 NW1/4  SW1/4 SE1/4 SW1/4; SW1/4 NE1/4, SW1/4 SE1/4 SW1/4; all less R & L Subdivision, less a strip of land 80 foot wide adjacent and parallel to the southeast line of Lot 3, R & L Subdivison, less a strip of land 100 feet wide adjacent and parallel to north boundary of I90 and less right-of-way, all located in Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of  Interstate 90 and east of Harley Drive.

194.         No. 06CA037 - A request by CETEC Engineering Services, Inc. for Generations, Inc. for an Amendment to the Comprehensive Plan by revising the U.S. Highway 16 Area Future Land Use Plan to change the land use designation from Low Density Residential District with a Planned Residential Development to Office Commercial with a Planned Unit Development on the East ½ of the South 495’ of NE¼ SE¼; and the East ½ of the SE¼ SE¼, Unplatted, less Lot 1 of the Bendert Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.

195.         No. 06CA038 - A request by CETEC Engineering Services, Inc. for Generations, Inc. for an Amendment to the Comprehensive Plan by revising the U.S. Highway 16 Area Future Land Use Plan to change the land use designation from a Planned Residential Development with four dwelling units per acre  to Office Commercial with a Planned Unit Development on the west 1/2 of the SE1/4 SE1/4, Section 22, Unplatted,  T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.

196.         No. 06CA039 - A request by CETEC Engineering Services, Inc. for Generations, Inc. to consider an application for an Amendment to the Comprehensive Plan to amend the Major Street Plan to relocate a collector street on the south 495 feet of the NE1/4 SE1/4, less Lot1, Bendert Subdivision, and the SE1/4 SE1/4, Section 22, Unplatted, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.

197.         No. 06CA040 - A request by CETEC Engineering Services, Inc. for Generations, Inc. for an Amendment to the Comprehensive Plan by revising the U.S. Highway 16 Area Future Land Use Plan to change the land use designation from a Planned Residential Development with 1 dwelling unit per acre to Office Commercial with a Planned Unit Development on the unplatted west half of the south 495 feet of the NE1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive between Catron Boulevard and U.S. Highway 16.

198.         No. 06CA042 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the Elk Vale  Neighborhood Future Land Use Plan to change the land use designation from Planned Residential Development with 1.5 dwelling units per 2 acres to Low Density Resdential on the SE1/4 of the NW 1/4 of Section 4, T1N, R8E, BHM, Pennington County, South Dakota, excepting therefrom Lot A as shown on the plat recorded in Plat Book 17 on Page 167; and Lot 3 (also known as Government Lot 3) of Section 4, T1N, R8E, BHM, Pennington County, South Dakota, excepting therefrom the north 452.58 feet of Lot 3 (also known as Government Lot 3) in the NW ¼, Section 4, T1N, R8E BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of said Lot 3, NW¼, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, said point being coincident with the northwest corner of Lot 2 (also known as Government Lot 2) and also coincident with the northwest corner of Lot H-8 (East Anamosa Street Right-of-Way) in Government Lot 2, Section 4 as shown on the plat recorded in Book 10 of Highway Plats on Page 60, said point being marked by a GLO brass cap; Thence, southerly along the one-quarter section line and along the east line of said Lot 3 and the west line of Lot H-8 and the west line of said Lot 2, S00º05’16”E, a distance of 452.85 feet, more or less, to a point marked by a rebar with survey cap “RW FISK 6565”; Thence, westerly, S89º50’15”W, a distance of 1324.84 feet, more or less, to a point on the west line of said Lot 3, said point being coincident with the east line of Lot 4 (also known as Government Lot 4) and said point being marked by a rebar with survey cap “RW FISK 6565”;  Thence, northerly along the west line of said Lot 3 and the east line of said Lot Four 4, N00º00’48”W, a distance of 452.85 feet, more or less, to the northwest corner of said Lot 3, coincident with the northeast corner of said Lot4 and located on the north section line of said Section 4, said point being marked by a rebar with cap number “6251”; Thence, easterly along the north line of said Lot 3 and along the north section line of said Section 4, N89º50’15”E, a distance of 1324.26 feet, more or less, to the point of beginning, located at the western terminus of East Anamosa Street.

199.         No. 06CA043 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation from Park Forest t o Low Density Residential with a Planned Residential Development on Lots 1 thru 6, Tract A; Lots 7 and 8, Tract B, all of Lot 1 of New Park Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Kathryn Avenue.

200.         No. 06CA044 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to change the land use designation from Residential to Public on Tract H, McMahon Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Champion Drive and east of Vicki Powers Park.

201.         No. 06CA045 - A request by John Skulborstad for an Amendment to the Comprehensive Plan to change the Long Range Plan from Public District to Office Commercial with a Planned Commercial Development on Lot 1, Vista Lake Subdivision No. 2, located in the NE1/4 SW1/4 and the N1/2 SE1/4, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4600 Jackson Boulevard.

202.         No. 06PD065 - An appeal of the Planning Commission's decision on a request by Dream Design International, Inc. for a Major Amendment to a Planned Residential Development on Tract J, Big Sky Subdivision, located in the SE1/4 NW1/4, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located north of Homestead Street between Degeest Drive and Missoula Street.

203.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Golden Eagle Drive as it abuts the unplatted portion of the E1/2 NW1/4 SE1/4, Section 22, located in the E1/2 NW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. (06SV022)

204.         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.

205.         No. 06SV057 - 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; to reduce pavement width from 22 feet to 12 feet; and the right-of-way width from 47 feet to 12 feet as per Chapter 16.16 of the Rapid City Municipal Code on Tract A, Wright Subdivision, located in the  N1/2 SW1/4, SE1/4 NE1/4  SW1/4 SW1/4, SE1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 SW1/4, SE1/4 NE1/4  SW1/4 SW1/4, SE1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north and west of Skyline Ranch Road.

206.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Red Rock Canyon Road as it abuts Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. (06SV059)

207.         No. 06SV059 - A request by D. C. Scott Surveyors, Inc. for Gary Rossow for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional public right-of-way, and to waive the requirement to install curb gutter, sidewalk, street light conduit, sewer, water, additional pavement and to waive the requirement to dedicate planting screen easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot GR and Lot HR2, formerly Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot G and the south 53.1 feet of Tract 3, and Lot HR, located in the SE1/4 NW1/4, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of Red Rock Canyon Road and .09 miles from Chapel Lane Way.

208.         No. 06SV064 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water as per Chapter 16.16 of the Rapid City Municipal Code on Tract A, Wright Subdivision, located in the N1/2 SW1/4, SE1/4 NE1/4; SW1/4 SW1/4, SE1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion located in the N1/2 SW1/4, SE1/4 NE1/4; SW1/4 SW1/4, SE1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the Skyline Ranch Road Area.

BILLS

209.         No. CC112006-01 Bill List for November 20, 2006

EXECUTIVE SESSION

ADJOURN