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

January 15, 2007 -- 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 January 2, 2007 and Information Meeting of December 20, 2006

AWARDS AND RECOGNITIONS

1. Certificate of Appreciation to Rapid City Fire Department, United States Army

2. Veteran of the Month for January, 2007

3. Employee Awards for January, 2007

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 -- Items 4 - 71

Public Comment opened – Items 4 - 43

Public Comment closed

CONSENT ITEMS – Items 4 - 43

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

Set for Hearing (February 19, 2007)

4. No. 06VR011 - A request by Renner & Associates for Pete Lien and Sons for a Vacation of Right-of-Way on the Feist Road right-of-way located in the NW1/4 of the NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located southwest of the intersection of Schaffer Road and Universal Drive.

Alcoholic Beverage License Applications Set for Hearing (February 5, 2007)

5. Raymond Graff dba Dublin Square, 504 Mt. Rushmore Road for a Retail (On-Sale) Liquor License TRANSFER from SKS Productions dba Venue Eight, 504 Mt. Rushmore Road

6. Dan Trieu Ly dba Golden Fortune, 1204 East North Street for a Retail (On-Sale) Wine License

7. Pennington County Democratic Party for a Special Wine License for an event scheduled February 9, 2007 at Prairie Edge Trading Company & Galleries, 606 Main Street

Public Works Committee Consent Items

8. No. PW010907-04 – Approve Change Order No. 2F for Phase 1C - Soo San Water Main Extension, Water Treatment Plant Backwash System Improvements and Sioux San & Pinedale #2 Booster Station Modifications Project No. W06-1425.1C / CIP No. 50570 to Mainline Contracting, Inc. for a decrease of $526.82.

9. No. PW010907-06 – Authorize staff to advertise for bids for North Deadwood Avenue Sanitary Sewer Expansion Project No. SSW02-1258 / CIP #50315.

10. No. PW010907-07 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for the Villaggio at Golden Eagle.

11. No. PW010907-08 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Eastridge Estates Subdivision (South).

12. No. PW010907-09 - Authorize the Mayor and Finance Officer to sign a Water Construction Fee Resolution for Eastridge Estates Subdivision (North).

13. No. PW010907-10 – Authorize the Mayor and Finance Officer to sign Amendment No. 4 to the Professional Services Agreement with CETEC Engineering for the Country Road Regional Lift Station Project No. SS03-1255 – CIP #50376 for an amount not to exceed $35,598.00.

14. No. PW010907-11 – Authorize the Mayor and Finance Officer to sign a Joint Funding Agreement with the US Geological Survey for Water Resources Investigations from January 1, 2007 through December 31, 2007 for an amount of $138,000.00.

15. No. PW010907-12 – Approve a Resolution Fixing Time and Place for Hearing on Assessment Roll for East Franklin Street Sanitary Sewer Project No. SS06-1557 for February 5, 2007.

16. No. PW010907-13 – Authorize staff to Seek Proposals for Elk Vale Reservoir Project No. W07- 1638 / CIP #50321.

Legal & Finance Committee Consent Items

17. No. LF011007-34 - Approve reappointment of Monte Loos and appointment of Robert Van Norman to the Rapid City Library Board.

18. No. LF011007-35 - Approve appointment of Charles Tenant to the Parks & Recreation Advisory Board.

19. No. LF011007-36 - Approve appointment of Bill Waugh to the Rushmore Plaza Civic Center Board.

20. No. LF011007-01 – Approve reappointment of Rick Clegg (Wholesale Business), Steve Street (Contractor), George Thompson (Natural Gas), Ron Wagner (Mechanical Installer), for a two year term on the Mechanical Board effective January 1, 2007 through December 31, 2008.

21. No. LF011007-02 – Approve reappointment of Eric Farrar and Gene Hunter to the Sign Contractor Board for a two year term effective January 1, 2007 through December 31, 2008.

22. No. LF011007-03 – Approve reappointment of Jim Bickett and Scott Sogge to the Residential Contractor Board for a two year term effective January 1, 2007 through December 31, 2008.

23. No. LF011007-04 – Approve reappointment of John Herr to the Zoning Board of Adjustment for a three year term effective January 1, 2007 through December 31, 2009.

24. No. LF121306-28 – Approve Resolution Clarifying the Rushmore Plaza Civic Center’s Policy on Petitioning on Civic Center Property and the Resolution of Rushmore Plaza Civic Center Board Adopting a Policy to Handle Requests to Accommodate Petitioners with Disabilities.

25. No. LF011007-07 – Direct the Public Works Department to prepare the easement documents necessary to vacate the alley between Lemmon Avenue and Blaine Avenue, Van Buren Street and Adams Street and to request staff to prepare the necessary applications and to work with the neighbors to obtain signatures thereon.

26. No. LF011007-09 – Authorize Mayor and Finance Officer to sign Medical Directors Agreement with Dr. Manning for 2007.

27. No. LF011007-11 – Approve Travel Request for Brad Solon, Building Official (Growth Management) and Daniel Ladenburger and Damon Hartmann (Fire Department) to attend the ICC International Codes Training Seminar in Denver, CO, March 4-9, 2007 in an approximate amount of $2,624.22.

28. No. LF011007-20 – Approve request to extend Basin Electric Intertie Study Area to June 27, 2007.

29. No. LF011007-33 – Approve Travel Request for Angie Weeks to Attend RSVP Conference on adult aging in Chicago, IL, March 6-9, 2007, in the approximate amount of $1,736.

30. No. LF011007-23 – Approve Resolution Authorizing the Resubmittal of a Request for Grant Funding for Transportation Enhancements and Authorizing the Mayor to Sign Application on Behalf of the City.

31. No. LF011007-24 - Approve the recommendation on the formation of the Urban Wildlife Subcommittee with the request that the Game, Fish & Parks representative be appointed as a liaison or non-voting member to the subcommittee.

32. No. LF011007-29 – Authorize Mayor and Finance Officer to sign Assignment Agreement for Private Development Tax Increment District Number Fifty Four between Bankwest and DTH, LLC.

33. No. LF011007-30 – Approve Covenant Agreement with Cotesford & Chamberlain at 818 Saint Joseph Street per the recommendation of DARB.

34. No. LF011007-31 – Authorize the Mayor to sign Letter of Intent to apply for Safe Haven Grant through the United States Department of Justice’s Office of Violence Against Women as the Local Government Co-applicant with Working Against Violence, Inc. (WAVI).

35. Approve the following licenses: Central Station Service: Central Station, Inc., Don H Minyard; Criticom International Corp, Robert Few; SAI Southeast Command Center, Randall Talcott; Vector Security, Inc, John A Murphy; Metals & Gems: Best Pawn, Inc., Bruce R McKinney; Pawn Shop: Best Pawn, Inc, Bruce R McKinney; Pawn With Us, Robert M Tschetter; Second Hand: Best Pawn, Inc, Bruce r McKinney; Big K Furniture, Kenneth D Sheffield; Game Exchange, Jacaline K Sales; Haggerty’s Inc, Thomas J Haggerty; Play It Again Sports, Jim M Thomson; St Joe Antique Mall, Heath Epperson; Security Business: Mountain States Security, Inc, Karen Kierstead; Wackenhut Corp, Andrew L Eisaman; Taxi Business: Dial-A-Driver, Mark P Huffman; Wheelchair Services of the Black Hills, Michael E & Leanne T Weideman.

Growth Management Department Consent Items

36. No. 06AN005 - A request by Dream Design International, Inc. for a Petition for Annexation on the unplatted portion of the N1/2 of the N1/2 of the NW1/4 of the NW1/4 and the N1/2 of the N1/2 of the NE1/4 of the NW1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Jolly Lane.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. 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 at Maple Avenue and Mall Drive.

43. No. 06PL185 - A request by Renner & Associates for John Duffield for a Preliminary Plat on Lots 25 and 25 of Block 3 of Moon Meadows Estates, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of North Star Road.

END OF CONSENT CALENDAR

Public Comment opened – Items 44 - 71

Public Comment closed

NON-CONSENT ITEMS – Items 44 - 71

ORDINANCES

44. No. LF011007-06 – First Reading, Ordinance No. 5232, Establishing a Process by Which Exceptions Can be Granted to the City’s Lot Length to Width Requirements by Adding Section 16.24.015 to the Rapid City Municipal Code.

45. No. LF011007-12 – First Reading, Ordinance No. 5235, Amending the Prohibited Locations for Appliances Under the International Fuel and Gas Code by Adding Section 15.22.075 to the Rapid City Municipal Code.

46. No. LF011007-13 – First Reading, Ordinance No. 5236, Regulating the Required Clearance for the Maintenance of Appliances by Amending Section 15.26.260 of the Rapid City Municipal Code.

47. No. LF011007-14 – First Reading, Ordinance No. 5237, Removing the Section of the International Fuel and Gas Code Prohibiting the Use of Unvented Room Heaters as the Sole Source of Comfort Heating in a Dwelling Unit by Adding Section 15.22.115 to the Rapid City Municipal Code.

48. No. LF011007-15 – First Reading, Ordinance No. 5238, Regulating when Type I Hoods are Required for Cooking Appliances by Adding Section 15.26.345 to the Rapid City Municipal Code.

49. No. LF011007-16 – First Reading, Ordinance No. 5239, Regulating the Location of Unvented Room Heaters by Adding Section 15.22.117 to the Rapid City Municipal Code.

50. No. LF011007-17 – First Reading, Ordinance No. 5240, Removing the Section of the International Mechanical Code Regulating the Installation of Unvented Gas Log Heaters by Adding Section 15.26.535 to the Rapid City Municipal Code.

51. No. LF011007-18 – First Reading, Ordinance No. 5241, Raising the Value of Construction for which Construction Documents are Required by Amending Section 15.26.080 of the Rapid City Municipal Code.

52. No. LF011007-19 – First Reading, Ordinance No. 5242, Regulating the Location of Fuel-Fired Appliances by Adding Section 15.26.255 to the Rapid City Municipal Code.

53. No. 06OA007 – First Reading, Ordinance No. 5233, Adding Adult Day Care Centers to the List of Conditional Uses Allowed in Medium Density Residential Zoning Districts by Amending Section 17.12.030 of the Rapid City Municipal Code.

54. No. 06OA008 – First Reading, Ordinance No. 5234, Allowing Land That Has Been Dedicated for Highway or Roadway Purposes and is Unimproved to be Included in the Calculation of the Total Acreage of Land for Purposes of Transferring Land of Forty Acres or More Without Requiring Platting by Amendment Section 16.04.320 of the Rapid City Municipal Code.

55. No. LF011007-22 – First Reading, Ordinance No. 5243, Regarding Supplemental Appropriation No. 1 for 2007

56. No. LF011007-26 – First Reading, Ordinance No. 5245, Adding the Greenway North of Rapid Creek and South of New York Street between East Blvd. and 5^th Street as an Area Exempt from the Animal Restraint Requirement by Amending Section 6.12.035 of the Rapid City Municipal Code.

57. No. 06RZ071 – First Reading, Ordinance No. 5246, 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 Rezone property from No Use District to General Agriculture District on Lots H1, H2 and H3 located in the N1/2 of the NE1/4; and the unplatted balance of the N1/2 of the NE1/4; and the NE1/4 of the NW1/4, all located in Section 30, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of South Dakota Highway 79 and south of Catron Boulevard.

58. No. LF122706-17 – Second Reading, Ordinance No. 5231, Allowing the Rapid City Common Council to Issue Revenue Bonds to Support the Rapid City Economic Development and Civic Improvements Fund by Amending Subsection B”” of Section 3.16.020 of the Rapid City Municipal Code.

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

59. Direct staff to enforce the no parking on the boulevard at 333 St. Andrew Street; and refrain from enforcing the no parking in the site triangle until staff brings forth a recommendation regarding site triangle parking throughout the City.

60. No. LF011007-08 – Request staff to meet with the property owners of the commercial-retail businesses along South Dakota Highway 44 to see if they would be willing to consider voluntary annexation; and bring a report back to the Legal and Finance Committee.

61. No. LF011007-32 – Approve Travel Request for Bill Okrepkie to attend National League of Cities Building Partnerships for a Stronger Community in Santa Monica, CA, from January 25-27, 2007, in an approximate amount of $2,455.

62. A Resolution Authorizing the Issuance of Sales Tax Revenue Bonds Payable from the Rapid City Economic Development and Civic Improvements Fund, Series 2007A of the City of Rapid City, South Dakota, Pledging a Portion of the Sales Tax Receipts of the City to the Payment of Said Bonds, Authorizing Officers of the City to Approve, Execute and Deliver Certain Agreements and Documents Relating to the Bonds

63. No. LF011007-21 – Resolution Establishing Encumbrances

64. No. LF011007-27A – Authorize the Mayor and Finance Officer to sign Amendment to the Revised Contract for Private Development Tax Increment District Number Thirty Six between DTH, LLC and the City of Rapid City, South Dakota

PUBLIC WORKS COMMITTEE ITEMS

65. No. PW010907-16 - Authorize a time extension of 14 days to the design contract with enVision Design for the Dahl Expansion Project

66. Holiday Lighting Installation Discussion

67. No. PW010907-17 - Removal of dead trees on Sheridan Lake Road

68. No. PW010907-05 – Approve Change Order No. 1 for Prairie Fire Sewer Main - Southside Drive Sanitary Sewer Trunk Line; Project No. SS06-1594 / CIP No. 50659 to Site Works Specialists, Inc. for an increase of $12,381.77.

69. No. 06EX081 - A request by Tony Marshall with Park Hill Development, Inc. to consider an Exception to Allow an Existing Fire Hydrant to be in Lieu of Installing a New Hydrant on Lots 16A & 16B of Block 2, Park Meadows Subdivision, located in the SE1/4 NE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. (File# 06PL098).

BIDS

70. No. CC011507-02 - Rapid City Fire Department Burn Building Project No. FD07-1634 (opened January 9, 2007)

71. No. CC011507-02 - Transit Passenger Bus Benches and Bench Advertising (opening January 10, 2007), acknowledge that no bids were received

MAYOR’S ITEMS

COUNCIL ITEMS & LIAISON REPORTS

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

APPEALS

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS

Open Public Hearings (comment) -- Items 72 – 98

CONTINUED PUBLIC HEARINGS CONSENT ITEMS – Items 72 - 87

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

Continue the following items until February 5, 2007:

72. 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.

73. 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 SE1/4 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 1R, 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 15. 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 N1/2 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 the N1/2 NE1/4 SE1/4 SE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom Lot D of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 7, Page 70; and excepting therefrom Lots E and M of the NW1/4 SE1/4 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 NW1/4 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 of the 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 H1 of the S1/2 N1/2 SE1/4 as shown on the plat filed in Highway 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.

74. 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.

75. 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.

76. 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.

77. 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.

78. No. 06RZ068 – Second 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.

79. No. 06RZ069 – Second 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.

80. No. 06RZ070 – Second 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 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.

81. 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.

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

83. 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 at Maple Avenue and Mall Drive.

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

Continue the following items until February 19, 2007:

85. 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 southwest curve of North Airport Road.

86. No. 06PL176 - A request by Renner & Associates for Rob Livingston for a Preliminary Plat on Lots 1 thru 15 of Block 1 of Blake Estates Subdivision, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located northwest of the intersection of Blake Road and West Highway 44.

87. No. 06SV075 - A request by Renner & Associates for Rob Livingston for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Section Line Highway and 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 1 thru 15 of Block 1 of Blake Estates Subdivision, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Tract A of Government Lot 1 and Tract A of Government Lot 2, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located north of the intersection of West Highway 44 and Blake Road.

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearings (comment)

PUBLIC HEARING CONSENT ITEMS – Item 88

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

ASSESSMENT ROLLS

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

OTHER ITEMS REQUIRING PUBLIC HEARINGS

PUBLIC HEARING NON-CONSENT ITEMS – Items 89 - 98

89. No. 06CA052 - A request by City of Rapid City for an Amendment to the Comprehensive Plan by revising the Long Range Comprehensive Plan to change the land use designation from General Agriculture to Residential 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, and a 33 foot wide strip of land adjacent to the easterly boundary of the NE1/4 of the SE1/4 of the NE1/4, and 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.

90. 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 North Star Road as it abuts Lots 24 and 25 of Block 3 of Moon Meadows Estates, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of North Star Road. (06SV074)

91. No. 06SV074 - A request by Renner & Associates for John Duffield for a Variance to the Subdivision Regulations to waive the requirement to install sewer, water, curb, gutter, pavement, street light conduit and sidewalks as per Chapter 16 of the Rapid City Municipal Code on Lots 24R and 25R of Block 3 of Moon Meadows Estates, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lots 24 and 25 of Block 3 of Moon Meadows Estates, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of North Star Road.

92. Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of pavement along Jake Road as it abuts Lots 1 and 2 of Tract L of Gray's Subdivision, Section 32, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5141 and 5160 Jake Road. (06SV076)

93. No. 06SV076 - A request by Joel Brannan for a Variance to the Subdivision Regulations to waive the requirement to pave Jake Road to City Street Design Standards as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Tract L of Gray's Subdivision, Section 32, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5141 and 5160 Jake Road.

94. 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.

95. No. 06RZ048 – Second 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.

96. No. 06RZ052 - Second 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 East Highway 44.

97. No. 06RZ063 - Second 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 1,039.08 feet in the NW1/4 of the NW1/4 of Section 15, T1N, R8E, BHM; and the section line right-of-way adjacent to Lots 1 and 2 of Lot D of the E1/2 of the SE1/4 of Section 9, T1N, R8E, BHM; and the section line right-of-way beginning at the southwest corner of Section 10, thence northerly 833.30 feet in Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the right-of-way south of East Highway 44 and Jolly Lane.

98. No. 06RZ064 - Second 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 1,039.08 feet of the northwest corner of Section 15 extending 190.92 feet more or less south from that point, all located in the NW1/4 of the NW1/4 of Section 15, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at Jolly Lane.

BILLS

99. No. CC011507-01 Bill List for January 15, 2007

ADJOURN