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

December 18 , 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 December 4, 2006

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for December, 2006

2.                  Employee Awards for December, 2006

3.                  American Council of Engineering Companies of South Dakota Award to the City of Rapid City & TSP for Chapel Lane Bridge Widening Project

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 - 88

Public Comment closed

CONSENT ITEMS – Items 4 - 64

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

Alcoholic Beverage License Applications Set for Hearing (January 2, 2007)

4.                  Rapid City Library Foundation, Inc. for a special Beer & Wine License for an event scheduled January 18, 2007 at the Rapid City Public Library, 610 Quincy Street

5.                  Carol Enterprises dba Don’s Valley Express, 4030 Cheyenne Boulevard for a Package (Off-Sale) Malt Beverage License

6.                  Porter Apple Company, Inc. dba Applebee’s Neighborhood Grill & Bar, 2160 Haines Avenue for a Retail (On-Sale) Liquor License TRANSFER from High Plains Securities, Inc. dba The Reef, 504 Mt. Rushmore Road

RETAIL (ON-SALE) LIQUOR LICENSE RENEWAL FOR 2007

7.                  Porter Apple Company, Inc. dba Applebee’s Neighborhood Grill & Bar, 2160 Haines Avenue for a Retail (On-Sale) Liquor License (In-Active)

8.                  George Motor & Supple Company dba Murphy’s Bar, 510 9th Street for a Retail (On-Sale) Liquor License with Sunday Opening

9.                  Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive for a Retail (On-Sale) Liquor License with Sunday Opening

RETAIL (ON-SALE) WINE LICENSE RENEWAL FOR 2007

10.             Ron J. Stevens & Sandy K. Thornburg dba Meadowbrook Grill & Pub, 3625 Jackson Boulevard for a Retail (On-Sale) Wine License

PACKAGE (OFF-SALE) LIQUOR LICENSE RENEWAL FOR 2007

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

Public Works Committee Consent Items

12.             No. PW121206-01 – Approve with stipulations, a request by Centerline, Inc. to waive requirement to install sidewalk on Tract 6 of Signal Heights Addition, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. 

13.             No. PW121206-14 - Acknowledge report on the Dahl Fine Arts Center Expansion

14.             Approve a request to hold an open forum in mid January to inform the public of water supply improvements. 

15.             No. PW121206-02 – Approve Change Order No. 1F for Sitka Street and Richland Drive Area Drainage Project No. DR06-1571 / CIP NO. 50602 to Mainline Contracting, Inc. for decrease of $2,406.40. 

16.             No. PW121206-03 – Approve Change Order No. 1F for 2006 Street Painting Contract Project No. PM05-1566 / CIP No. 50594 to Traffic Services Company LLC for a decrease of $2,353.52. 

17.             No. PW121206-04 – Approve Change Order No. 1F for Willsie Avenue Area Water Main Reconstruction Project No. W03-1310 / CIP No. 50471 to RCS Construction, Inc. for a decrease of $54,364.81. 

18.             No. PW121206-05 – Approve Change Order No. 1F for Metering and Backflow Prevention of City Facilities Project No. W06-1589 / CIP No. 50304 for an increase of $1,224.56.

19.             No. PW121206-06 – Authorize staff to advertise for bids for One (1) New Current Year ¾ Ton 4x4 Pickup & ½ Ton 4x4 Pickup for Water Department. 

20.             No. PW121206-07 – Authorize staff to advertise for bids for the 2007 Street Marking Contract. 

21.             No. PW121206-08 – Authorize the Mayor and Finance Officer to sign a Covenant Agreement between the City of Rapid City and Bies Highway 79 LLP, regarding the Construction of Drainage Improvements for the South Robbinsdale Drainage Basin. 

22.             No. PW121206-09 – Deny a request to obtain a cost quotation from Kadrmas Lee & Jackson Engineering to proceed with final Plans and Specifications and construction advertising authority for Wonderland Drive Area Sewer Extension. 

23.             No. PW121206-10 – Authorize staff to seek Consultant Services for 44th Street Reconstruction, West Chicago to West Main, Project ST05-1435. 

24.             No. PW121206-11 – Approve the proposed revisions to the City of Rapid City Truck and Delivery Route Map. 

25.             No. PW121206-12 – Authorize staff to solicit proposals for Rapid Transit benches and bench advertising. 

26.             No. 06TP039 – Approve the 2007–2011 Transportation Improvement Program Amendment No. 07-011. 

27.             No. 06VE030 - Approve a Vacation of a portion of a 6 foot utility and minor drainage easement for petitioner Sperlich Consulting, Inc. for Lifestyle Homes on Lot 4 of Block 2, Kateland Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4303 Kateland Street. 

Legal & Finance Committee Consent Items

28.             No. LF112906-11A – Require the applicant, Dave Butler, to follow the normal application and review process regarding reissuance of his malt beverage license with video lottery. 

29.             Rake Dan Lewis & Steve Malone presentation from Parents Group for Community Center at Rapid City Central High School to the next 2012 annual meeting. 

30.             No. LF121306-02 - Approve appointment of Jim Jackson to the Historic Sign Review Board. 

31.             Approve appointment of Matt Hammond (Fire Protection Engineer with Rapid Fire Sprinkler Co.), Jamie Stampie (Electrical Engineer with Sky-Line Engineering), Jerry Austin (Manager, Plant Operations at Rapid City Regional Hospital), and Brian Newman (Gustafson Builders, Contractor/Builder) to the Fire Code Board of Appeals. 

32.             No. LF110106-12A - Approve the Code Enforcement Task Force resolution with the following changes: adding the word “up” to the 4 hour proactive enforcement time per each code enforcement officer, which time would include attendance at the neighborhood watch or community meetings. 

33.             Extend the time to receive proposals on the downtown revitalization to the end of the year and to request staff to hold the proposals received until that time. 

34.             No. LF121306-26 - Acknowledge the report from the Deer Committee. 

35.             No. LF121306-03 - Authorize staff to accept the South Dakota Hazardous Materials Emergency R/Preparedness (HMEP) Grant for the HazMat Technician Courts in the amount of $7,464. 

36.             No. LF121306-04 - Authorize staff to accept the South Dakota Hazardous Materials Emergency Preparedness (HMEP) Grant for the HazMat Incident Command Course in the amount of $2,353.

37.             No. LF121306-05 - Authorize staff to accept the South Dakota Hazardous Materials Emergency Preparedness (HMEP) Grant for the HazMat Technician Course in the amount of $7,464. 

38.             No. LF121306-07 - Approve additional funding in the sum of $225 for the National Main Street Assessment Project, with said funds coming from the Growth Management Department budget. 

39.             No. 06TP040 - Authorize Mayor and Finance Officer to sign Addendum to Agreement 310955 for the Rapid City Area Metropolitan Planning Organization 2006 Unified Planning Work Program.

40.             No. 06TP041 - Authorize the Mayor and Finance Officer to sign the Agreement between the City of Rapid City and HDR for accomplishing the Sheridan Lake Road Traffic Analysis and Route Alignment Study for an amount not to exceed $161,000. 

41.             No. LF121306-30 - Authorize Mayor and Finance Officer to sign contract with ASI for aerial photography in the amount of $100,918. 

42.             Combine the Legal and Finance Committee and Public Works Committee meetings on December 27, 2006. 

43.             No. LF121306-08 - Approve Resolution Writing Off Credit Balance Water Billing Accounts. 

44.             No. LF121306-09 - Approve Resolution Writing Off Uncollectible Utility Billing Accounts. 

45.             No. LF121306-10 - Approve Resolution to Establish Additional Staffing in the Parks Division. 

46.             No. LF121306-11 - Approve Resolution Amending the Travel Regulations of the City of Rapid City. 

47.             No. LF121306-12 - Approve Resolution Writing Off Uncollectible Accounts Receivable Accounts. 

48.             No. LF121306-15 - Authorize Mayor and Finance Officer to sign Agreement for Professional Services with Rapid City Area Chamber of Commerce. 

49.             No. LF121306-29 - Authorize Mayor and Finance Officer to sign Amendment to Investment Advisory Agreement. 

50.             Authorize staff to submit FTA 5307 grant application for Federal Assistance for 2007 Operating and Capital Assistance (Rapid Transit System). 

51.             No. LF121306-16 - Acknowledge report on security and sound system at the Swim Center. 

52.             No. LF121306-17 - Authorize Mayor and Finance Officer to sign Addendum to the Agreement between the City of Rapid City and the Rapid City Racers Swim Club. 

53.             No. LF121306-31 - Approve Travel Request for Jerry Cole, National Legislative forum on Parks and Recreation in the approximate amount of $1935. 

54.             No. LF121306-18 - Approve request from Keith G. Storm, d/b/a Pied Piper Ice Cream, to renew ice cream vendor’s license for 2007. 

55.             No. LF121306-19 - Authorize Mayor and Finance Officer to sign Access Easement with Jackson Park, LLC. 

56.             No. LF121306-22 - Authorize Mayor and Finance Officer to sign the Combined Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Grant Funds and the HUD Request for Release of Funds and Certification form for the South Dakota School of Mines and Technology – Technology Transfer and Entrepreneur Center. 

57.             No. LF121306-23 - Authorize Mayor and Finance Officer to sign a Local Governing Body Approval letter for Eagle Ridge Properties LLC’s Eagle Ridge Apartments Phase 2 application for South Dakota Housing Development Authority (SDHDA) Low Income Housing Tax Credits. 

58.             No. LF121306-24 - Approve abatement for Split Rock Communications- $88.96. 

59.             Approve the following licenses:  Central Station Service:  ADT Security Services, Inc, Sherry Mc Innes (Aurora, CO); ADT Security Services, Inc, Sherry Mc Innes (Jacksonville, FL); ADT Security Services, Inc, Sherry Mc Innes or Michelle Daley (Kansas City, MO); ADT Security Services, Inc, Sherry Mc Innes or Mark Warner (Papillion, NE); ADT Security Services, Inc, Sherry Mc Innes or Mel Levinson (W Henrietta, NY);  Electro Watchman, Inc, Jay Helseth; Emergency 24, Inc, Dante Monteverde; Marlin Central Monitoring, Richard Perry;  Central Monitoring Service, Kenneth C Knight; Grand Central Station, Denis Cooke; SNC, Inc, Butch Neel; Security Central, Inc, Jordan Jackson; WH International Response Center, Wendy Youngren; Metals & Gems:  The Gun Shop, John Stone; The Pawn Shop, John Stone; Silver Mountain Coins, Jack Meyer; Pawn Shop:   The Gun Shop, John Stone; The Pawn Shop, John Stone; Second Hand:   Batchelder’s Plummer Piano & Organ, Matthew J Batchelder; The Gun Shop, John Stone; The Pawn Shop, John Stone; House Mover:  Russell Puckett, Medicine Root Development; Kent Hazelrigg; Paul Kostboth, SD Housing Development Authority; Warner Ghere, Ghere House Moving; Roger Johnson, The Royal Company SD Inc; Ross Olson, Modern House Moving; and the O’Neil Company Inc.; Mobile Home Park:  Gikling & Meier LLC, Cherry Avenue Mobile Park; and Larry & Dee Lembcke, Lazy J RV Park & Kampground. 

Growth Management Department Consent Items

60.             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.

61.             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.

62.             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.

63.             No. 06PL177 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 13 of Block 1; Lots 1 thru 25 of Block 2; Lots 1 thru 41 of Block 3; Lots 1 thru 24 of Block 4; Lots 1 thru 16 of Block 5; Lots 1 thru 20 of Block 6; Lots 1 thru 17 of Block 7; Lots 1 thru 16 of Block 8; Lots 1 thru 32 of Block 9; Lots 1 thru 36 of Block 10; Lots 1 thru 20 of Block 11; Lots 1 thru 38 of Block 12; Lots 1 thru 15 of Block 13; Lots 1 thru 39 of Block 14; Lot 1 of Block 15; Lot 1 of Block 16, Copperfield Vistas Subdivision, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SE¼ NW¼ of Section 4, T1N, R8E, BHM, Pennington County, South Dakota, excepting there from 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; and A parcel of land located in the NE¼ SW¼ of Section 4, T1N, R8E, BHM, Pennington County, South Dakota more fully described as follows: Beginning at the center one quarter corner of said Section 4, said point being on the westerly line of the Drainage Right-of-way of Block 1 of Rushmore Regional Industrial Park, as shown on the plat filed on September 4, 1974 and recorded in Book 13 of Plats on Page 195, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, south along the one-quarter section line and along the westerly line of said Drainage Right-of-way in Block 1 of Rushmore Regional Industrial Park, S00º05’03”E, a distance of 271.44 feet, more or less, to a point marked by a rebar with surveyor cap “Hanson 6251” thence, continuing south along the one-quarter section line and along the westerly line of said Drainage Right-of-way in Block 1 of Rushmore Regional Industrial Park, S00º03’43”E, a distance of 781.29 feet, more or less, to a point marked by a rebar with surveyor cap “RW FISK 6565”; thence, S89º47’47”W, a distance of 303.32 feet, more or less, to a point on the easterly line of Lot 17 in Block 1 of Copperfield Subdivision, as shown on the plat filed on April 22, 1988 and recorded in Book 22 of Plats on Page 21, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, northwesterly along the said east line of said Lot 17 in Block 1 of Copperfield Subdivision, N22º39’36”W, a distance of 46.14 feet to the northeast corner of said Lot 17, said point being coincident with the southeast corner of Lot 18 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 21, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, northwesterly along the east line of said Lot 18 in Block 1 of Copperfield Subdivision, N01º44’10”W, a distance of 58.19 feet, more or less to the northeast corner of said Lot 18, said point being coincident with the southeast corner of Lot 19 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 21, and said point being marked by a rebar with surveyor cap “Renner 2652 & Sperlich”; thence, northeasterly along the east line of said Lot 19 in Block 1 of Copperfield Subdivision, N26º46’20”E, a distance of 44.28 feet, more or less to the northeast corner of said Lot 19, said point being coincident with the southeast corner of Lot 20 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 21, and said point being marked by a rebar with surveyor cap “Renner 2652 & Sperlich”; thence, northeasterly along the east line of said Lot 20 in Block One 1 of Copperfield Subdivision, and along the east lines of Lots 21, 22 and 23 all in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 21, and along the easterly line of Lot 24 in Block 1 of Copperfield Subdivision, as shown on the plat filed on June 12, 1989 and recorded in Book 22 of Plats on page 195, N27º11’29”E, a distance of 364.58 feet, more or less, to the northeast corner of said Lot 24, said point being coincident with the southeast corner of Lot 25 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, northeasterly along the east line of said Lot 25 in Block 1 of Copperfield Subdivision, N19º26’44”E, a distance of 83.01 feet, more or less to the northeast corner of said Lot 25, said point being coincident with the southeast corner of Lot 26 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, northeasterly along the east line of said Lot 26 in Block 1 of Copperfield Subdivision, and along the east lines of Lots 27 and 28 all in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, N02º40’24”E, a distance of 239.67 feet, more or less, to the northeast corner of said Lot 28, and said point being marked by a rebar with surveyor cap “Hanson 6251”; thence, westerly along the northerly line of said Lot 28 in Block 1 of Copperfield Subdivision, S89º59’08”W, a distance of 109.97 feet, more or less, to the northwest corner of said Lot 28, said point being coincident with the northeasterly terminus of Copperfield Drive right-of-way, and said point being marked by a 5/8 inch rebar; thence, southwesterly along the northern terminus line of Copperfield Drive right-of-way, as shown on said plat recorded in Book 22 of Plats on Page 195, S71º30’56”W, a distance of 63.28 feet, more or less to the northwest terminus of said Copperfield Drive right-of-way, said point being coincident with the northeast corner of Lot 1 in Block 7 in Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a 5/8 inch rebar;  thence, westerly along the northerly line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 98.69 feet more or less, to the northwest corner of said Lot 1, said point being coincident with the northeast corner of Lot 3 in Block 7 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a rebar with survey cap; thence, westerly along the northerly line of said Lot 3 in Block 7 of Copperfield Subdivision, N88º42’16”W, a distance of 51.73 feet, more or less, to the northwest corner of said Lot 3, said point being coincident with the northeast corner of Lot 4 in Block 7 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a rebar with surveyor cap “Renner 2652 & Sperlich”; thence, westerly along the northerly line of said Lot 4 in Block 7 of Copperfield Subdivision, N88º18’11”W, a distance of 76.36 feet, more or less, to the northwest corner of said Lot 4, said point being coincident with the northeast corner of Lot 5 in Block 7 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a 5/8 inch bent rebar; thence, northwesterly along the northerly line of said Lot 5 in Block 7 of Copperfield Subdivision, N71º45’04”W, a distance of 72.95 feet, more or less, to the northwest corner of said Lot 5, said point being coincident with the northeast corner of Lot 6 in Block 7 of Copperfield Subdivision, as shown on the plat filed on August 14, 1995 and recorded in Book 27 of Plats on Page 17, and said point being marked by a rebar with surveyor cap “Hanson 6251:’ thence, northwesterly along the northerly line of said Lot 6 in Block 7 of Copperfield Subdivision, and along the northerly line of Lots 7 and 8 in said Block 7 of Copperfield Subdivision, as shown on the plat filed on August 14, 1995 and recorded in Book 27 of Plats on page 17, N71º30’00”W, a distance of 236.99 feet, more or less to the northwest corner of said Lot 8 in Block 7 of Copperfield Subdivision, said point being coincident with the northeast corner of Lot 9 in Block 7 of Copperfield Subdivision as shown on said plat recorded in Book 27 of Plats on Page 17, and said point being marked by a rebar with surveyor cap “Hanson 6251”; thence, westerly along the northerly line of said Lot 9 in Block 7 of Copperfield Subdivision, and along the northerly line of Lot 10 in said Block 7 of Copperfield Subdivision, N89º59’43”W, a distance of 169.90 feet, more or less to the northwest corner of said Lot 10 in Block 7 of Copperfield Subdivision, said point being coincident with the northeast corner of Lot 11 in Block 7 of Copperfield Subdivision as shown on said plat recorded in Book 27 of Plats on Page 17, and said point being marked by a rebar with surveyor cap “Hanson 6251”; thence, southwesterly along the northerly line of said Lot 11 in Block 7 of Copperfield Subdivision, and along the northerly line of Lot 12 in Block 7 of Copperfield Subdivision as shown on said plat recorded in Book 27 of Plats on Page 17, and along the northerly line of Lot 13 in Block 7 of Copperfield Subdivision as shown on the plat filed on December 21, 1995 and recorded in Book 27 of Plats on page 64, S67º59’57”W, a distance of 210.58 feet, more or less to the northwest corner of said Lot 13 in Block 7 of Copperfield Subdivision, said point being coincident with the northeasterly terminus of Summerfield Drive right-of-way as shown on said plat recorded in Book 27 of Plats on Page 64, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, westerly along the northerly terminus of said Summerfield Drive right-of-way, S89º57’45”W, a distance of 60.03 feet, more or less, to the northwest terminus of said Summerfield Drive right-of-way, said point being coincident with the northeast corner of Lot 1 in Block 8 of Copperfield Subdivision as shown on said plat recorded in Book 27 of Plats on page 64, and said point being marked by a rebar with surveyor cap “Polenz 4208”; thence, westerly along the northerly line of said Lot 1 in Block 8 of Copperfield Subdivision, S89º39’20”W, a distance of 116.98 feet, more or less to the northwest corner of said Lot 1 in Block 8 of Copperfield Subdivision, said point being located on the west 1/16th section line of said Section 4, T1N, R8E, BHM, Pennington County, South Dakota, and said point being marked by a rebar with surveyor cap “Renner 2652 & Sperlich”; thence, northerly along the 1/16th section line, N00º02’44”E, a distance of 262.82 feet, more or less to the ¼ section line and the northwest corner of the NE¼ SW¼ of said Section 4, T1N, R8E, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, east along the ¼ section line, N89º48’42”E, a distance of 1328.91 feet, more or less, to the point of beginning, located east of Valley Drive and west of Concourse Drive.

64.             No. 06PL181 - A request by CETEC Engineering Services, Inc. for Franklin O. Simpson for a Preliminary Plat on Tract P of Fountain Springs Business Park and dedicated public right-of-way located in the S1/2 NE1/4 and the N1/2 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 NE1/4, south of I90 and the N1/2 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: commencing at the northeast corner of Tract L of Fountain Springs Business Park Thence S63º36’03”E 71.35 feet to the true point of beginning; Thence S77º20’21”E 464.75 feet along the 83 foot Right-of-way of North Plaza Drive to a point; Thence S12º39’39”W 398.51 feet to a point; Thence S48º33’44”W 190.08 feet to a point; Thence S89º22’32”W 217.00 feet to a point on the Right-of-way of Fountain Plaza Drive; Thence N00º37’28”W 611.03 feet along said Right-of-way to the beginning of a curve concave to the East having a radius of 251.57 feet; Thence northeasterly 7.85 feet along said curve to the true point of beginning, located southeast of the intersection of Plaza Drive and Fountain Plaza Drive.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS – Items 65 - 88

ORDINANCES

65.             No. 06OA006 - Second Reading, Ordinance No. 5216 Establishing the Fifth Street Overlay Zoning District by Adding Chapter 17.62 to Title 17 of the Rapid City Municipal Code. 

66.             No. LF121306-14 - First Reading, Ordinance No. 5217, Regarding Supplemental Appropriation No. 7 for 2006.

67.             No. LF121306-20 - First Reading, Ordinance No. 5221, Making an Exception for Time Limits in the Case of Permits Issued Pursuant to Substandard Housing Orders by Adding Section 15.12.481 to the Rapid City Municipal Code. 

68.             No. LF121306-21 - First Reading, Ordinance No. 5222, Making an Exception for Time Limits in the Case of Permits Issued Pursuant to Substandard Housing Orders by Adding Section 15.12.951 to the Rapid City Municipal Code.

69.             No. LF121306-27 - First Reading, Ordinance No. 5223, Making an Exception for Time Limits in the Case of Permits Issued Pursuant to Substandard Housing Orders by Adding Section 15.12.051 to the Rapid City Municipal Code. 

70.             No. 06RZ048 – First Reading, Ordinance No. 5224, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by City of Rapid City for a Rezoning from No Use District to General Commercial District on all of the dedicated right-of-way adjacent to the westerly boundary of Lot A-revised, formerly Lot A of Plat 1, located in the NW1/4 of the SW1/4, lying south of the Railroad Right-of-way, located in the NW1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of East Highway 44 and Jolly Lane.

71.             No. 06RZ052 - First Reading, Ordinance No. 5225, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on all of the eastern most 33 feet of section line right-of-way lying south of the Railroad Right-of-Way located in the SE1/4, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, also known as Jolly Lane; and all of the dedicated right-of-way adjacent to Lots 1 thru 9 of Lot A of the E1/2 of the SE1/4, also known as Martin Lane, located in Section 9; and all of the western most 33 feet of section line right-of-way located in the SW1/4 of Section 10, lying south of the Railroad right-of-way directly east of Lots 1 thru 9 of Lot A of the E1/2 of the SE1/4, located in Section 9, and all of the dedicated right-of-way adjacent to Lots 1 thru 9 of Helmens Subdivision, also known as Toni Lane, located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and all of the section line right-of-way adjacent to Lots 1 thru 9 of Helmens Subdivision located in Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Jolly Lane and E. Highway 44.

72.             No. 06RZ063 - First Reading, Ordinance No. 5226, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential II District on all of the western most 33 feet of the section line right-of-way beginning at the northwest corner of Section 15, T1N, R8E, extending south approximately 1,040 feet in the NW1/4 NW1/4, Section 15, T1N, R8E, BHM; and the south 352.55 feet of the western most 33 feet of section line right-of-way lying south of the Railroad Right-of-way, located in the SW1/4, Section 10, T1N, R8E, Rapid City, Pennington County, South Dakota, located right-of-way south of East Highway 44 and Jolly Lane.

73.             No. 06RZ064 - First Reading, Ordinance No. 5227, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on all of the western most 33 feet of section line right-of-way extending south beginning 1,040 feet for 190.92 feet more or less, all located in the NW1/4 NW1/4, Section 15, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of East Highway 44 and Jolly Lane.

74.             No. 06RZ068 - First Reading, Ordinance No. 5228, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on a 33 foot wide strip of land adjacent to the easterly boundary of the NE1/4 of the SE1/4 of the NE1/4, all located in Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Country Road West.

75.             No. 06RZ069 - First Reading, Ordinance No. 5229, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on a 33 foot wide strip of land adjacent to the easterly boundary of the SE1/4 of the SE1/4 of the NE1/4; and a 33 foot wide strip of land adjacent to the easterly boundary of the NE1/4 of the SE1/4, all located in Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Country Road West.

76.             No. 06RZ070 - First Reading, Ordinance No. 5230, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on a 33 foot wide strip of land adjacent to the easterly boundary of the N1/2 of the SE1/4 of the SE1/4, all located in Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Country Road West.

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

77.             Authorize the Performing Arts Coalition to spend up to $75,000 for schematic design and construction estimates on a Performing Arts Center building. 

78.             Waive the normal Consultant Selection Process and authorize staff to enter into an agreement with Pfluger and Associates Architects regarding the Performing Arts Center. 

79.             No. LF121306-01 - Request from Ross and Judy Rohde for rebate of mobile home park license. 

80.             No. LF111506-01A - Skyline Drive Preservation, Inc., transfer of Skyline Wilderness Area to City of Rapid City. 

81.             Appointments to the Jackson Springs Committee

82.             No. LF121306-25 - Authorize the Mayor and Finance Officer to enter into a Contract with CRW Associates in an amount not to exceed $60,000.00 for computerized permitting software. 

83.             No. LF121306-13 - City's renewal of property, liability and workers' compensation coverage 

PUBLIC WORKS COMMITTEE ITEMS

BIDS

84.             No. CC121806-02 - Red Rock Water Storage Reservoir Project No.  W03-1184 / CIP No. 50284 (opened December 12, 2006)

85.             No. CC121806-02 - Downtown Area Improvements - Phase 1, Kansas City Street, 8th Street to 5th Street Project No.  ST04-1077 / CIP No. 50132 (opened December 13, 2006)

86.             No. CC121806-02 - Proposals for Sale of a 1995 Heil Formula 5000, Model 612-1979, 20 yard trash compactor (packer body only) (opened December 11, 2006)

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

87.             Status of Well #12, Alderman Kooiker

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

88.             No. CC121806-03Rushmore Plaza Civic Center Expansion Project

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 89 – 154

CONTINUED PUBLIC HEARINGS CONSENT ITEMS – Items 89 - 108

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

Continue the following items until January 2, 2007:

89.             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.

90.             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.

91.             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.

92.             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.

93.             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.

94.             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.

95.             No. 06PL182 - A request by Dream Design International, Inc. for a Preliminary Plat on Tracts A and B of Tract G of McMahon Subdivision, located in the NE1/4 SW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tracts E-1, E-2 and G of McMahon Subdivision, located in the NE1/4 SW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Kathryn Avenue and Champion Drive.

96.             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.

97.             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.

98.             No. 06VR010 - A request by Centerline, Inc for PLM Development, LLC for a Vacation of Section Line Highway on the section line right-of-way lying between SE1/4 NE1/4, and Lot 15 of Enchanted Hills Subdivision No. 3 of Section 23, T1N, R7E, and SW1/4 NW1/4 of Section 24, T1N, R7E, located at 730 Enchantment Road.

Continue the following items until January 15, 2007:

99.             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.

100.         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.

101.         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.

102.         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.

103.         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 the 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.

104.         No. 06PL175 - A request by Fisk Land Surveying for Judy Lien for a Layout Plat on Lots 2, 3 and 4 of LJS Subdivision, formerly a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Maple Avenue and Mall Drive.

105.         No. 06PL178 - A request by Boschee Engineering for OTS, Inc. for a Preliminary Plat on Lots 1 thru 8 of Block 1, lots 1 thru 8 of Block 2, Lots 1 thru 17 of Block 3, and lots 1 thru 9 of Block 4, located in the SW1/4 SW1/4, W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Bendt Drive.

106.         No. 06PL183 - A request by Sperlich Consulting, Inc. for Jeffrey L. Devine for a Preliminary Plat on a portion of Tract B of the SW1/4 SW1/4, less Lot H-1 of Tract B, located in the SW1/4 S1/4, Section 32, T2N, R8E, BHM, Rapid City,  Pennington County, South Dakota, located at 262 North Cambell Street.

107.         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 the 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.

108.         No. 06SV069 - A request by Fisk Land Surveying for Judy Lien for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks, curb, gutter, street light conduit, sewer and water main along Mall Drive and N. Maple Avenue and to reduce the pavement width from 40 feet to 26 feet along Mall Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2, 3 and 4 of LJS Subdivision, formerly a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Maple Avenue and Mall Drive.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearings (comment)

PUBLIC HEARING CONSENT ITEMS – Item 109 - 135

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

            SPECIAL EVENT ALCOHOL LICENSE

109.         Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled January 6, 2007 at the Dahl Arts Center, 713 7th Street

110.         Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled January 12, 2007 at the Dahl Arts Center, 713 7th Street

111.         Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled January 13, 2007 at the Dahl Arts Center, 713 7th Street

112.         Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled January 19, 2007 at the Dahl Arts Center, 713 7th Street

113.         Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled January 20, 2007 at the Dahl Arts Center, 713 7th Street

114.         Youth & Family Services for a special Beer & Wine License for an event scheduled February 16, 17 & 18, 2007 at the YFS, 120 E. Adams Street

            TRANSFER ALCOHOL LICENSE

115.         Doyle Estes dba High Plains Securities, 4030 Cheyenne Boulevard for a Retail (On-Off Sale) Malt Beverage License with Video Lottery TRANSFER from Taira Hoeye dba St. Joe Pub, 710 St. Joe, Rapid City, SD 57701

116.         M. G. Oil Company dba East St. Patrick Casino, 1226 E. St. Patrick St. for a Retail (On-Sale) Liquor License TRANSFER from Casa Del Rey Rapid City, Inc. dba Casa Del Rey, 1902 Mt. Rushmore Rd., Rapid City, SD 57701 (In-Active) 

RETAIL (ON-SALE) LIQUOR LICENSE RENEWAL FOR 2007

117.         M. G. Oil Company dba East St. Patrick Casino, 1226 E. St. Patrick St., Rapid City, SD 57701 for a Retail (On-Sale) Liquor License (In-Active)

118.         Sanford’s Grub & Pub SD, Inc. dba Sanford’s Grub & Pub, 306 Seventh St., Rapid City, SD 57701 for a Retail (On-Sale) Liquor License and Sunday Opening

119.         Sioux Restaurants, LLC dba TGI Fridays, 2205 N. LaCrosse St., Rapid City, SD 57701 for a Retail (On-Sale) Liquor License and Sunday Opening

120.         LaCroix Investments, Inc. dba Time Out Lounge, 615 E. North St., Rapid City, SD 57701 for a Retail (On-Sale) Liquor License and Sunday Opening

121.         Western Dakota Gaming, Inc. dba Valley Sports Bar, 1865 S. Valley Dr., Rapid City, SD 57703 for a Retail (On-Sale) Liquor License and Sunday Opening

122.         SKS Productions dba Venue Eight, 504 Mt. Rushmore Rd., Rapid City, SD 57701 for a Retail (On-Sale) Liquor License and Sunday Opening

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

RETAIL (ON-SALE) WINE LICENSE RENEWAL FOR 2007

124.         Faryat, Inc. dba Botticelli Ristorante, 523 Main St., Rapid City, SD 57701 for a Retail (On-Sale) Wine License

125.         Guan Huan Huang dba Hunan Chinese Restaurant, 1720 Mt. Rushmore Rd., Rapid City, SD 57701 for a Retail (On-Sale) Wine License

126.         Los Espinos LLC dba LaCosta Mexican Restaurant, 603 Omaha St., Rapid City, SD 57701 for a Retail (On-Sale) Wine License

127.         Piesano’s Pacchia, Inc. dba Piesano’s Pacchia, 3618 Canyon Lake Dr. #33, Rapid City, SD 57701 for a Retail (On-Sale) Wine License

PACKAGE (OFF-SALE) LIQUOR LICENSE RENEWAL FOR 2007

128.         LaCroix Investments, Inc. dba Bus’s Bottle Shop, 615 E. North St., Rapid City, SD 57701 for a Package (Off-Sale) Liquor License

129.         Canyon Lake Liquors, Ltd. dba Canyon Lake Liquors, 4244 Canyon Lake Dr., Rapid City, SD 57702 for a Package (Off-Sale) Liquor License

130.         Nash Finch Company dba Family Thirft Center #265, 751 Mountain View Rd., Rapid City, SD 57702 for a Package (Off-Sale) Liquor License

131.         Clayton & Donna Mae Jerred dba Gas ‘N’ Snax, 418 Knollwood Dr., Rapid City, SD 57701 for a Package (Off-Sale) Liquor License

132.         Sam’s West, Inc. dba Sam’s Club #6565, 1020 LaCrosse St., Rapid City, SD 57701 for a Package (Off-Sale) Liquor License

133.         Staple & Spice Market, Inc. dba Staple & Spice Market, 601 Mt. Rushmore Rd., Rapid City, SD 57701 for a Package (Off-Sale) Liquor License

134.         Lily Corp. dba Flowers by LeRoy, 2016 West Main St., Rapid City, SD 57702 for a Package (Off-Sale) Liquor License

ASSESSMENT ROLLS

135.         No. PW103106-22 – Resolution Levying Assessment for Fairview Street Sewer Extension Project No. SS06-1556 (9th Street to West Boulevard, Clark Street to Fairview Street)

OTHER ITEMS REQUIRING PUBLIC HEARINGS

PUBLIC HEARING NON-CONSENT ITEMS – Items 136 - 154

136.         No. 06CA046 - 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 General Commercial to Light Industrial with a Planned Light Industrial Development 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 at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

137.         No. 06CA048 - A request by Nick Uhre for an Amendment to the Comprehensive Plan by revising the Future Land Use Plan to change the land use designation from Residential to Office Commercial with a Planned Commercial Development on Lots 24, 25 and 26 in Block 2 of St. Elmo Addition No. 1, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 814 Saint Francis Street.

138.         No. 06CA049 - A request by Paula Anderson for an Amendment to the Comprehensive Plan by revising the Future Land Use Plan to change the land use designation from Residential to Office Commercial with a Planned Commercial Development on Lots 7 and 8 in Block 3 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 615 West Boulevard.

139.         No. 06CA050 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the Elk Vale Neighborhood Future Land Use Plan by changing the land use designation  from Planned Residential Development with a maximum density of 1.5 dwelling units per acre to Low Density Residential with a Planned Residential Development on a parcel of land located in Government Lot 3 and the SE1/4 of the NW1/4, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of said Lot 3, said point being coincident with the north one-quarter corner of said Section 4, T1N, R8E, BHM, Pennington County, South Dakota, said corner being marked by a brass cap; thence, southerly along the one-quarter section line, S00º05’16”E, a distance of 512.09 feet, more or less, to the point of beginning; thence, continuing southerly along the one-quarter section line, S00º05’16”E, a distance of 1914.86 feet, more or less, said point being marked by an iron pin; thence, continuing southerly along the one-quarter section line, S00º05’03”E, a distance of 246.18 feet, more or less to the center one-quarter corner of said Section 4, said point being marked by a rebar with a surveyor cap number 6565; thence, westerly along the one-quarter section line, S89º48’42”W, a distance of 1328.91 feet, more or less to the southwest corner of the SE1/4 NW1/4 of said Section 4, said point being marked by a rebar with a surveyor cap number 6565; thence, northerly along the one-sixteenth section line, N00º02’44”E, a distance of 1048.69 feet, more or less to the southwest corner of Lot A of the SE1/4 NW1/4 of said Section 4, T1N, R8E, BHM, Pennington County, South Dakota, as shown on the plat recorded in Plat Book 17 on Page 167, said point being marked by a 5/8 inch rebar; thence, easterly along the south line of said Lot A, N89º59’59”E, a distance of 145.15 feet, more or less to the southeast corner of said Lot A, said point being marked by a 5/8 inch rebar; thence, northerly along the east line of said Lot A, N00º02’52”E, a distance of 110.12 feet, more or less, to the northeast corner of said Lot A, said point being marked by a 5/8 inch rebar; thence, westerly along the north line of said Lot A, S89º53’30”W, a distance of 145.14 feet, more or less, to the northwest corner of said Lot A and the one-sixteenth section line, said point being marked by a 5/8 inch rebar; thence, northerly along the one-sixteenth section line N00º00’48”W, a distance of 995.00 feet, more or less; thence, N89º53’30”E, a distance of 151.98 feet, more or less; thence, curving to the right on a curve with a radius of 226.00 feet, an arc length of 2.79 feet, a delta of 00º42’26”, and a chord bearing of S00º22’01”E with a chord distance of 2.79 feet; thence, S00º00’48”E, a distance of 181.83 feet, more or less; thence, N89º50’20”E, a distance of 968.82 feet, more or less; thence, N00º03’34”W, a distance of 108.52 feet, more or less; thence, curving to the right on a curve with a radius of 326.00 feet, an arc length of 85.64 feet, a delta of 15º03’07”, and a chord bearing of N07º28’00”E with a chord distance of 85.40 feet; thence, N89º54’44”E, a distance of 193.07 feet, more or less, to the point of beginning, located at the western terminus of East Anamosa Street.

140.         No. 06CA051 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the Elk Vale Neighborhood Future Land Use Plan by changing the land use designation from a Planned Residential Development with a maximum density of 1.5 dwelling units per acre to Medium Density Residential with a Planned Residential Development on a parcel of land located in Government Lot 3, Section 4, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of said Lot 3, said point being coincident with the north one-quarter corner of said Section 4, T1N, R8E, BHM, Pennington County, South Dakota, and said corner being marked by a brass cap; Thence, S20º34’30”W, a distance of 484.38 feet, more or less, to the point of beginning; Thence, curving to the left on a curve with a radius of 326.00 feet, an arc length of 148.64 feet, a delta of 26º07’24”, a chord bearing of S13º00’08”W with a chord distance of 147.35 feet; Thence, S00º03’34”E, a distance of 108.52 feet, more or less; Thence, S89º50’20”W, a distance of 968.82 feet, more or less; Thence, N00º00’48”W, a distance of 181.83 feet, more or less; Thence, curving to the left on a curve with a radius of 226.00 feet, an arc length of 71.32 feet, a delta of 18º04’50”, and a chord bearing of N09º03’14”W with a chord distance of 71.02 feet; Thence, N89º50’20”E, a distance of 1013.08 feet, more or less, to the point of beginning, located at the western terminus of East Anamosa Street.

141.         No. 06PD061 - An appeal of the Planning Commission's decision on a request by CETEC Engineering Services, Inc. for Franklin O. Simpson for a Planned Residential Development - Initial and Final Development Plan 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 of the 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 of the SW¼, Section 26 and the NE¼ of the 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 of the SE¼ of said Section 27 monumented with an Iron rod; Thence N89º55’39” E 390.12 feet along the South line of the NW¼ of the 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.

142.         No. 06PD085 - An appeal of the Planning Commission's decision on a request by Centerline, Inc. for CSU Properties, Inc. for a Major Amendment to a Planned Commercial Development on Lot 1, Professional Plaza Subdivision, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 550 North Fifth Street.

143.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk and pavement along the south 550 feet of Fairmont Boulevard and the installation of curb, gutter, sidewalk, street light conduit and to reduce pavement width from 27 feet to 24 feet along Pevans Parkway as they abut 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.  (06SV030)

144.         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.

145.         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 Fairmont Boulevard and the installation of curb, gutter, sidewalk, street light conduit, water and sewer along Mount Rushmore Road as they abut 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. (06SV068)

146.         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.

147.         No. 06SV070 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 13 of Block 1; Lots 1 thru 25 of Block 2; Lots 1 thru 41 of Block 3; Lots 1 thru 24 of Block 4; Lots 1 thru 16 of Block 5; Lots 1 thru 20 of Block 6; Lots 1 thru 17 of Block 7; Lots 1 thru 16 of Block 8; Lots 1 thru 32 of Block 9; Lots 1 thru 36 of Block 10; Lots 1 thru 20 of Block 11; Lots 1 thru 38 of Block 12; Lots 1 thru 15 of Block 13; Lots 1 thru 39 of Block 14; Lot 1 of Block 15; Lot 1 of Block 16, Copperfield Vistas Subdivision, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SE¼ NW¼ of Section 4, T1N, R8E, BHM, Pennington County, South Dakota, excepting there from 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; and A parcel of land located in the NE¼ SW¼ of Section 4, T1N, R8E, BHM, Pennington County, South Dakota more fully described as follows: Beginning at the center one quarter corner of said Section 4, said point being on the westerly line of the Drainage Right-of-way of Block 1 of Rushmore Regional Industrial Park, as shown on the plat filed on September 4, 1974 and recorded in Book 13 of Plats on Page 195, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, south along the one-quarter section line and along the westerly line of said Drainage Right-of-way in Block 1 of Rushmore Regional Industrial Park, S00º05’03”E, a distance of 271.44 feet, more or less, to a point marked by a rebar with surveyor cap “Hanson 6251” thence, continuing south along the one-quarter section line and along the westerly line of said Drainage Right-of-way in Block 1 of Rushmore Regional Industrial Park, S00º03’43”E, a distance of 781.29 feet, more or less, to a point marked by a rebar with surveyor cap “RW FISK 6565”; thence, S89º47’47”W, a distance of 303.32 feet, more or less, to a point on the easterly line of Lot 17 in Block 1 of Copperfield Subdivision, as shown on the plat filed on April 22, 1988 and recorded in Book 22 of Plats on Page 21, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, northwesterly along the said east line of said Lot 17 in Block 1 of Copperfield Subdivision, N22º39’36”W, a distance of 46.14 feet to the northeast corner of said Lot 17, said point being coincident with the southeast corner of Lot 18 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 21, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, northwesterly along the east line of said Lot 18 in Block 1 of Copperfield Subdivision, N01º44’10”W, a distance of 58.19 feet, more or less to the northeast corner of said Lot 18, said point being coincident with the southeast corner of Lot 19 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 21, and said point being marked by a rebar with surveyor cap “Renner 2652 & Sperlich”; thence, northeasterly along the east line of said Lot 19 in Block 1 of Copperfield Subdivision, N26º46’20”E, a distance of 44.28 feet, more or less to the northeast corner of said Lot 19, said point being coincident with the southeast corner of Lot 20 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 21, and said point being marked by a rebar with surveyor cap “Renner 2652 & Sperlich”; thence, northeasterly along the east line of said Lot 20 in Block One 1 of Copperfield Subdivision, and along the east lines of Lots 21, 22 and 23 all in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 21, and along the easterly line of Lot 24 in Block 1 of Copperfield Subdivision, as shown on the plat filed on June 12, 1989 and recorded in Book 22 of Plats on page 195, N27º11’29”E, a distance of 364.58 feet, more or less, to the northeast corner of said Lot 24, said point being coincident with the southeast corner of Lot 25 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, northeasterly along the east line of said Lot 25 in Block 1 of Copperfield Subdivision, N19º26’44”E, a distance of 83.01 feet, more or less to the northeast corner of said Lot 25, said point being coincident with the southeast corner of Lot 26 in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, northeasterly along the east line of said Lot 26 in Block 1 of Copperfield Subdivision, and along the east lines of Lots 27 and 28 all in Block 1 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, N02º40’24”E, a distance of 239.67 feet, more or less, to the northeast corner of said Lot 28, and said point being marked by a rebar with surveyor cap “Hanson 6251”; thence, westerly along the northerly line of said Lot 28 in Block 1 of Copperfield Subdivision, S89º59’08”W, a distance of 109.97 feet, more or less, to the northwest corner of said Lot 28, said point being coincident with the northeasterly terminus of Copperfield Drive right-of-way, and said point being marked by a 5/8 inch rebar; thence, southwesterly along the northern terminus line of Copperfield Drive right-of-way, as shown on said plat recorded in Book 22 of Plats on Page 195, S71º30’56”W, a distance of 63.28 feet, more or less to the northwest terminus of said Copperfield Drive right-of-way, said point being coincident with the northeast corner of Lot 1 in Block 7 in Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a 5/8 inch rebar;  thence, westerly along the northerly line of said Lot 1 in Block 7 of Copperfield Subdivision, N88º29’49”W, a distance of 98.69 feet more or less, to the northwest corner of said Lot 1, said point being coincident with the northeast corner of Lot 3 in Block 7 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a rebar with survey cap; thence, westerly along the northerly line of said Lot 3 in Block 7 of Copperfield Subdivision, N88º42’16”W, a distance of 51.73 feet, more or less, to the northwest corner of said Lot 3, said point being coincident with the northeast corner of Lot 4 in Block 7 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a rebar with surveyor cap “Renner 2652 & Sperlich”; thence, westerly along the northerly line of said Lot 4 in Block 7 of Copperfield Subdivision, N88º18’11”W, a distance of 76.36 feet, more or less, to the northwest corner of said Lot 4, said point being coincident with the northeast corner of Lot 5 in Block 7 of Copperfield Subdivision, as shown on said plat recorded in Book 22 of Plats on Page 195, and said point being marked by a 5/8 inch bent rebar; thence, northwesterly along the northerly line of said Lot 5 in Block 7 of Copperfield Subdivision, N71º45’04”W, a distance of 72.95 feet, more or less, to the northwest corner of said Lot 5, said point being coincident with the northeast corner of Lot 6 in Block 7 of Copperfield Subdivision, as shown on the plat filed on August 14, 1995 and recorded in Book 27 of Plats on Page 17, and said point being marked by a rebar with surveyor cap “Hanson 6251:’ thence, northwesterly along the northerly line of said Lot 6 in Block 7 of Copperfield Subdivision, and along the northerly line of Lots 7 and 8 in said Block 7 of Copperfield Subdivision, as shown on the plat filed on August 14, 1995 and recorded in Book 27 of Plats on page 17, N71º30’00”W, a distance of 236.99 feet, more or less to the northwest corner of said Lot 8 in Block 7 of Copperfield Subdivision, said point being coincident with the northeast corner of Lot 9 in Block 7 of Copperfield Subdivision as shown on said plat recorded in Book 27 of Plats on Page 17, and said point being marked by a rebar with surveyor cap “Hanson 6251”; thence, westerly along the northerly line of said Lot 9 in Block 7 of Copperfield Subdivision, and along the northerly line of Lot 10 in said Block 7 of Copperfield Subdivision, N89º59’43”W, a distance of 169.90 feet, more or less to the northwest corner of said Lot 10 in Block 7 of Copperfield Subdivision, said point being coincident with the northeast corner of Lot 11 in Block 7 of Copperfield Subdivision as shown on said plat recorded in Book 27 of Plats on Page 17, and said point being marked by a rebar with surveyor cap “Hanson 6251”; thence, southwesterly along the northerly line of said Lot 11 in Block 7 of Copperfield Subdivision, and along the northerly line of Lot 12 in Block 7 of Copperfield Subdivision as shown on said plat recorded in Book 27 of Plats on Page 17, and along the northerly line of Lot 13 in Block 7 of Copperfield Subdivision as shown on the plat filed on December 21, 1995 and recorded in Book 27 of Plats on page 64, S67º59’57”W, a distance of 210.58 feet, more or less to the northwest corner of said Lot 13 in Block 7 of Copperfield Subdivision, said point being coincident with the northeasterly terminus of Summerfield Drive right-of-way as shown on said plat recorded in Book 27 of Plats on Page 64, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, westerly along the northerly terminus of said Summerfield Drive right-of-way, S89º57’45”W, a distance of 60.03 feet, more or less, to the northwest terminus of said Summerfield Drive right-of-way, said point being coincident with the northeast corner of Lot 1 in Block 8 of Copperfield Subdivision as shown on said plat recorded in Book 27 of Plats on page 64, and said point being marked by a rebar with surveyor cap “Polenz 4208”; thence, westerly along the northerly line of said Lot 1 in Block 8 of Copperfield Subdivision, S89º39’20”W, a distance of 116.98 feet, more or less to the northwest corner of said Lot 1 in Block 8 of Copperfield Subdivision, said point being located on the west 1/16th section line of said Section 4, T1N, R8E, BHM, Pennington County, South Dakota, and said point being marked by a rebar with surveyor cap “Renner 2652 & Sperlich”; thence, northerly along the 1/16th section line, N00º02’44”E, a distance of 262.82 feet, more or less to the ¼ section line and the northwest corner of the NE¼ SW¼ of said Section 4, T1N, R8E, and said point being marked by a rebar with surveyor cap “RW FISK 6565”; thence, east along the ¼ section line, N89º48’42”E, a distance of 1328.91 feet, more or less, to the point of beginning, located east of Valley Drive and west of Concourse Drive.

148.         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 and additional pavement along North Plaza Drive and Fountain Plaza Drive as they abut Tract P of Fountain Springs Business Park and dedicated public right-of-way located in the S1/2 NE1/4 and the N1/2 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 NE1/4, south of I90 and the N1/2 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: commencing at the northeast corner of Tract L of Fountain Springs Business Park Thence S63º36’03”E 71.35 feet to the true point of beginning; Thence S77º20’21”E 464.75 feet along the 83 foot Right-of-way of North Plaza Drive to a point; Thence S12º39’39”W 398.51 feet to a point; Thence S48º33’44”W 190.08 feet to a point; Thence S89º22’32”W 217.00 feet to a point on the Right-of-way of Fountain Plaza Drive; Thence N00º37’28”W 611.03 feet along said Right-of-way to the beginning of a curve concave to the East having a radius of 251.57 feet; Thence northeasterly 7.85 feet along said curve to the true point of beginning, located southeast of the intersection of Plaza Drive and Fountain Plaza Drive. (06SV071)

149.         No. 06SV071 - A request by CETEC Engineering Services, Inc. for Franklin O. Simpson for a Variance to the Subdivision Regulations to reduce the pavement width from 40 feet to 24 feet along N. Plaza Drive, to reduce the pavement width from 26 feet to 24 feet along Fountain Plaza Drive and to waive the requirement to install curb, gutter, sidewalk and street light conduit as per Chapter 16.16 of the Rapid City Municipal Code on Tract P of Fountain Springs Business Park and dedicated public right-of-way located in the S1/2 NE1/4 and the N1/2 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the S1/2 NE1/4, south of I90 and the N1/2 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: commencing at the northeast corner of Tract L of Fountain Springs Business Park Thence S63º36’03”E 71.35 feet to the true point of beginning; Thence S77º20’21”E 464.75 feet along the 83 foot Right-of-way of North Plaza Drive to a point; Thence S12º39’39”W 398.51 feet to a point; Thence S48º33’44”W 190.08 feet to a point; Thence S89º22’32”W 217.00 feet to a point on the Right-of-way of Fountain Plaza Drive; Thence N00º37’28”W 611.03 feet along said Right-of-way to the beginning of a curve concave to the East having a radius of 251.57 feet; Thence northeasterly 7.85 feet along said curve to the true point of beginning, located southeast of the intersection of Plaza Drive and Fountain Plaza Drive.

150.         No. 06SV072 - A request by Centerline, Inc. for PLM Development, LLC for a Variance to the Subdivision Regulations to waive the requirement to allow a lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 16 thru 35 in Block 1, Lots 17 thru 38 in Block 2, and Lots 1 thru 6 in Block 4, located in the N1/2 NW1/4, Section 24, T1N, R7E, and a portion of the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the N1/2 NW1/4, Section 24, T1N, R7E, and a portion of the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Stumer Road and South of Minnesota Street.

151.         No. 06SV073 - A request by Ferber Engineering Co., Inc. for FMLC, Inc. for a Variance to the Subdivision Regulations to reduce the width of the common access easement from 59 feet to 35 feet and to waive the requirement to install water, sewer, sidewalk, street light conduit along the common access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Block 1 of East Mall Business Center Subdivision, formerly the NE1/4 of Section 30, T2N, R8E, lying north of Rushmore Mall Drive; Lot C of Lot L2 of Marshall Heights Tract, less Lot H1 and the west half of the vacated March Avenue adjacent to Lot C; Tract G of Marshall Heights Subdivision No. 2, less Lot 1 of Tracts G and H and the west half of the vacated March Avenue; the unplatted part of the W1/2 NE1/4 lying south of Rushmore Mall Drive and the E1/2 vacated March Avenue; and a portion of Lot H3 of the NW1/4, all located in the NE Section 30 T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 of Section 30, T2N, R8E, lying north of Rushmore Mall Drive; Lot C of Lot L2 of Marshall Heights Tract, less Lot H1 and the west half of the vacated March Avenue adjacent to Lot C; Tract G of Marshall Heights Subdivision No. 2, less Lot 1 of Tracts G and H and the west half of the vacated March Avenue; the unplatted part of the W1/2 NE1/4 lying south of Rushmore Mall Drive and the E1/2 vacated March Avenue; and a portion of Lot H3 of the NW1/4, all located in the NE Section 30 T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Lacrosse Street and East Mall Drive.

152.         No. 06RZ061 - Second Reading, Ordinance No. 5214, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by Dream Design International, Inc. for a Rezoning from General 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 at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

153.         No. 06RZ065 - Second Reading, Ordinance No. 5218, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential II District on a parcel of land located in the NW1/4 of the NW1/4 of Section 24, T2N, R7E, BHM, Rapid City Pennington County, South Dakota, being more particularly described as follows: beginning at the northeast corner of Lot 1R of Block 4, Tyler Knue Subdivision; thence first course; S00º17’18”W a distance of 131.86 feet; thence second course; N89º44’51”W a distance145.05 feet; thence third course: N00º17’18”E a distance of 132.11 feet; thence fourth course; S89º38’51”E distance of 145.05 feet to the point of beginning, located at the northwest corner of the intersection of Nicole Street and Brook Street.

154.         No. 06RZ067 - Second Reading, Ordinance No. 5220, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as requested by Paula Anderson for a Rezoning from High Density Residential District to Office Commercial District on Lots 7 and 8 in Block 3 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 615 West Boulevard.

BILLS

155.         No. CC121806-01 Bill List for December 18, 2006

EXECUTIVE SESSION

ADJOURN