ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

ADOPTION OF AGENDA 

APPROVE MINUTES of September 5, 2006; and correct Council minutes of August 21, 12006 to reflect approval of Change Order No. 1 for Rushmore Plaza Civic Center Multipurpose Addition – bid package 1, Project No. IDP06-1555 to Gustafson Builders. 

AWARDS AND RECOGNITIONS 

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 1 - 56

Public Comment closed 

CONSENT ITEMS – Items 1 - 38 

Set for Hearing (October 16, 2006)

1.                  No. 06VR008 - A request by Centerline, Inc. for PLM Development, LLC for a Vacation of Section Line Highway on Section Line Right-of-way lying adjacent to the NE1/4 NE1/4, Section 23 and the NW1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Minnesota Street and west of Fifth Street. 

Set for Hearing (October 2, 2006) 

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

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

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

Public Works Committee Consent Items

5.                  Approve a request to erect a tent in the public right-of-way at 1710 West Main Street beginning September 26 until October 8, 2006; and City of Rapid City to be named as additional insured, Fischer Furniture. 

6.                  No. PW091206-02 - Approve a request by Century Development Co., Inc. to prepare an H-Lot located in N1/2 SE1/4 lying West of I190 Right-of-Way on behalf of the City of Rapid City and authorize acceptance of deeds. 

7.                  No. PW091206-05 - Approve the construction of a 27” sewer service line for the Prairie Fire Development. 

8.                  No. PW091206-06 – Approve Change Order No. 3F for West Chicago Street Reconstruction - 44th Street to Seeaire Street Project No. ST02-1071 / CIP No. 50135 to Heavy Constructors, Inc. for an increase of $6,872.39. 

9.                  No. PW091206-14 - Approve Change Order No. 1 for Canyon Lake Park Channel Fill Project to Quinn Construction, Inc. for an increase of $72.46. 

10.             No. PW091206-07 – Authorize staff to advertise for bids for Rushmore Plaza Civic Center Multipurpose Addition - Bid Package 2; Project No. IDP06-1555. 

11.             No. PW091206-08 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Financial and Road Transfer Agreement #612978 with the South Dakota Department of Transportation to extend the date for the utilization of the funds for East Mall Drive, adds a portion of SD437 to the agreement and clarifies the ownership of the right of way along I90 (Beale and Offutt Streets). 

12.             No. PW091206-09 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with West Plains Engineering, Inc. for Engineering Services for West Chicago Street Roadway Lighting Project No. ST06-1560 for an amount not to exceed $25,000.00. 

13.             Approve the relocation of the existing signal poles, luminaire extensions, and mast arms from Philadelphia Street and LaCrosse Street intersection to the 5^th Street and Meade Street intersection. 

14.             No. PW091206-11 – Approve a Resolution Fixing Time and Place for Hearing on Assessment Roll for Block 8 Alley Paving (West Boulevard Addition) Project No. ST03-1330 / CIP No. 50595 on October 16, 2006. 

15.             No. PW091206-12 – Authorize staff to solicit Requests for Proposals for Consultant Services for the Landfill Environmental Monitoring Contract. 

16.             No. 06PL127 – Approve a request by Renner & Associates for Royal Nielsen to consider an application for a Request for Exception, on Lot 15 Revised, Hills View Subdivision, located west of Hillside Drive and North of SD Highway 40, as follows:  to waive the requirement to provide a second street access when more than forty (40) dwelling units are exclusively accessed from a street.

17.             Recommend that Council refer the gravity sewer issue (No. PW091206-13) in this development area to the .16 committee for discussion.   

Legal & Finance Committee Consent Items

18.             No. LF091306-01 – Approve appointment of Dan Senftner to the Historic Preservation Commission. 

19.             No. LF091306-02 – Approve appointment of Norm Nelson to the Historic Sign Board. 

20.             No. LF091306-03 – Approve Travel Request for City employees to attend South Dakota Municipal League annual meeting in Spearfish, South Dakota, October 3-6, 2006, in the approximate amount of $3,800. 

21.             Declare all positions on the DARB Board vacant as of October 3, 2006. 

22.             No. LF091306-12 - Approve Crime Lab Grant in the amount of $93,954.50 for equipment and resources to be used in the laboratory’s daily operations. 

23.             No. LF091306-13 - Approve Event Permit for Vino 100/Tinderbox to Hold Event on September 29, 2006. 

24.             Approve acceptance of WMD equipment from a grant administered through Pennington County for the following:  mobile data antenna and site equipment, approximate cost of $8,710; HazMat decontamination hose, approximate cost of $9,000; and personal protective equipment, approximate cost of $7,200. 

25.             Authorize staff to advertise for bids for up to 120 fire shelters and purchase communications equipment and fire shelters from State contract in the amount of $82,965. 

26.             Approve purchase of 10 handheld radios from State contract for Growth Management in the amount of approximately $13,500. 

27.             No. LF091306-14 - Authorize the Mayor and Finance Officer to sign State of South Dakota Agreement/Letter of Agreement. 

28.             Direct staff to prepare a resolution regarding travel approval from the Mayor and Council leadership. 

29.             No. LF091306-05 – Approve a Resolution Declaring Property Surplus for Civic Center. 

30.             No. LF091306-06 – Authorize the Mayor and Finance Officer to sign Instructional Contract Proposal with Shelly J. Kaup, MBA for Principles of Supervision Class. 

31.             No. LF091306-11 – Adoption of City’s Pandemic Influenza Continuity Plan with requested changes. 

32.             No. LF091306-15 - Approve a Travel Request for Jim Herron to attend Fundamentals Using RSLOGIX Course in Denver, CO, October 9-12, 2006, in an approximate amount of $1,656. 

33.             No. LF091306-07 – Authorize the Mayor and Finance Officer to sign Consent to Assignment of Tax Increment District No. 50. 

34.             No. LF091306-09 – Approve a Travel Request for Joel P. Landeen and Karie A. Price to attend Government Civil Practice Seminar in Las Vegas, NV, in the approximate amount of $4,443. 

35.             No. LF091306-16 - Authorize the Mayor and Finance Officer to sign Covenant Agreement with William and Sharon Gikling. 

Growth Management Department Consent Items

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

37.             No. 06PL097 - A request by Centerline, Inc. for Magheramore, LLC for a Preliminary Plat on Lots 1 thru 18, Darlington Estates, formerly that portion of the NE1/4 lying west of the Railroad Right-of-Way; located in the N1/2 NW1/4, Section 34, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as that portion of the NE1/4 lying west of the Railroad Right-of-Way; located in the N1/2 NW1/4, Section 34, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Old Folsom Road and Lamb Road. 

38.             No. 06PL134 - A request by Advanced Engineering & Surveying, Inc. for Shane Daniel for a Layout Plat on Tracts 1 and 2 of Lot B3 of Parcel B, MJK Subdivision, formerly Plat of Lots B2 and B3 of Parcel B, MJK Subdivision, formerly a part of Parcel B, MJK Subdivision, located in the NW1/4 SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Plat of Lots B2 and B3 of Parcel B, MJK Subdivision, formerly a part of Parcel B, MJK Subdivision, located in the NW1/4 SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Derby Lane and East Minnesota Street. 

NON-CONSENT ITEMS – Items 39 - 56 

ORDINANCES 

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

40.             No. 06RZ029 - First Reading, Ordinance No. 5185, a request by Dan Wilson for Site Work Specialists for a Rezoning from Office Commercial District to General Commercial District on Parcel “A” located in the NE1/4 SW1/4, Section 23, T1N, R7E, BHM, Rapid City Pennington County, South Dakota, located east of Highway 16 and ¼ mile north of Catron Boulevard.  The point of beginning for said parcel bears N00º00’39”E a distance of 712.38 feet from the former southeast corner of Aladdin Heights Subdivision, said point of beginning also bears S00º00’39”W a distance of 30.01 feet from the southeast corner of Lot 3 of Block 3 of the Aladdin Heights Subdivision which is marked with a 5/8” rebar with survey cap marked “LS 1019”, said parcel is more particularly described as follows:  Thence First Course: along a line with a bearing of S89º59’21”E and a distance of 175.00; Thence Second Course: along a line with a bearing of S00º00’39”W and a distance of 475.19 feet; to an intersection with the northerly line of Lot 4 of Block 1 of Tower Ridge 2 Subdivision; Thence Third Course: along said Lot 4 with a bearing of N25º59”34”W and a distance of 55.28 feet; to the northeast corner of Lot 3 of Block 1 of Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with survey cap marked “LS 6117”; Thence Fourth Course: along the north line of said Lot 3 with a bearing of N71º06’44”W and a distance of 159.33 feet; to an intersection with easterly line of Aladdin Heights Subdivision; Thence Fifth Course: along the easterly line of Aladdin Heights Subdivision with a bearing of N00º00’39”E and a distance of 373.95 feet to the point of beginning., located northeast of the intersection of Promise Road and South Highway 16. 

41.             No. 06RZ030 - First Reading, Ordinance No. 5186, a request by Dan Wilson for Site Work Specialists for a Rezoning from Office Commercial District to General Commercial District on Parcel “B” located in the SE1/4 SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Highway 16 and ¼ mile north of Catron Boulevard.  The point of beginning being coincident of the southeasterly angle point corner of Lot 6, Block 1, Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with a survey cap marked “LS 6117”, said point of beginning bears N14º47’32”E a distance of 83.36 feet from the northeasterly angle point corner of Lot 6 of Block 1 of Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with survey cap marked “LS 6117”, said parcel is more particularly described as follows: Thence First Course: along a line with a bearing of S14º47’32”W and a distance of 462.12; Thence Second Course: along a line with a bearing of N47º07’10”W and a distance of 473.75 feet; Thence Third Course: along a line with a bearing of N51º24’18”W and a distance of 360.81 feet; to an intersection with southerly line of Lot 9 of Block 1 of Tower Ridge 2 Subdivision; Thence Fourth Course: along southerly line of Tower Ridge 2 Subdivision with a bearing of S62º12’23”E and a distance of 498.86 feet; to the southeast corner of Lot 7 of Block 1 of Tower Ridge 2 Subdivision which is marked with a 5/8” rebar with a survey cap marked “LS 6117”; Thence Fifth Course: along the southerly line of Lot 6 Block 1 of Tower Ridge 2 Subdivision with a bearing N66º39’36”E and a distance of 333.09 feet to the point of beginning., located northeast of the intersection of Promise Road and South Highway 16. 

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

43.             No. 06RZ032 - First Reading, Ordinance No. 5188, a request by Sperlich Consulting, Inc. for Schriner Investments, LLC for a Rezoning from General Agriculture District to Low Density Residential District on an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4; excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4, SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Stumer Road. 

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

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

46.             No. LF083006-14 - Second Reading, Ordinance No. 5179 Regarding FY2007 Appropriation Ordinance.   

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

48.             No. CC090506-03 - Second Reading, Ordinance No. 5182 Regarding Supplemental Appropriation No. 5 for 2006.   

GROWTH MANAGEMENT DEPARTMENT ITEMS 

49.             No. 06PL074 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Layout Plat 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. 

LEGAL & FINANCE COMMITTEE ITEMS 

50.             No. LF091306-10 – Request for concurrence to proceed with development of West Boulevard Historic Overlay District preservation ordinance in conjunction with the State Historic Preservation Office, Bill Kessloff 

PUBLIC WORKS COMMITTEE ITEMS 

51.             No. PW091206-01 - Appeal denial of a request for an exception to pave in the boulevard area for public parking at 228 and 230 E. Kansas City Street, Roger Clausen.   

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

BIDS 

53.             No. CC090506-02 - Country Road Regional Lift Station City Project SS03-1255 (opened August 29, 2006).   

54.             No. CC091806-02 - Prairiefire Sewer Main Project No. SS06-1594 / CIP No. 50659 (opened September 5, 2006) 

55.             No. CC091806-02 - East Franklin Street Sanitary Sewer Project No.  SS06-1557 / CIP No. 50648 (opened September 12, 2006) 

56.             No. CC091806-02 - Sitka Street and Richland Drive Area Drainage Project No.  DR06-1571 / CIP No. 50602 (opened September 12, 2006) 

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 57 – 85 

CONTINUED PUBLIC HEARINGS CONSENT CALENDAR – Items 57 - 76 

Continue the following items until October 2, 2006:

57.             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, 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. 

58.             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 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. 

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

60.             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. 

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

62.             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. 

63.             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. 

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

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

66.             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. 

67.             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. 

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

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

70.             No. 06VE020 - A request by Centerline, Inc. for DJS Holdings, LLC for a Vacation of Access and Utility Easement on an access easement adjacent to the north edge of Lot 2B, Lot B, Bradsky Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1501 Cambell Street. 

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

Continue the following items until October 16, 2006:

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. 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. 

74.             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. 

75.             No. 06PL133 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary Plat on Lots 15 thru 23, Block 1; Lots 1 thru 16, Block 3; Lots 1 thru 19, Block 4; Lots 1 thru 6, Block 5; Lot 1, Block 7; 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. 

76.             No. 06SV050 - A request by CETEC Engineering for Franklin O. Simpson for a Variance to the Subdivision Regulations to waive the requirement to reduce the pavement width from 27 feet to 24 feet along Sunny Springs Drive as per Chapter 16.16 of the Rapid City Municipal Code 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. 

Close Public Hearings (comment) 

PUBLIC HEARING CONSENT ITEMS – Items 77 - 78 

GROWTH MANAGEMENT ITEMS 

ALCOHOL LICENSES 

77.             Black Hills Coffee Company dba Black Hills Coffee Company, 5955 S. Hwy 16, Suite G for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

78.             Black Hills Coffee Company dba Black Hills Coffee Company, 5955 S. Hwy 16, Suite G for a Retail (On-Sale) Wine License 

ASSESSMENT ROLLS 

OTHER ITEMS REQUIRING PUBLIC HEARINGS 

PUBLIC HEARING NON-CONSENT ITEMS – Items 79 - 85 

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

80.             No. 06CA024 - A request by CETEC Engineering for Franklin O. Simpson for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Area Future Land Use Plan to change the land use designation from Park Forest to Medium Density Residential with a Planned Residential Development on 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. 

81.             No. 06PD048 – An appeal of the Planning Commission’s decision on a request by Sperlich Consulting, Inc. for Black Hills Health and Wellness for a Major Amendment to a Planned Commercial Development to expand the boundaries of a Planned Commercial Development and construct a parking lot on Lots 2 thru 5 of Block 36 of Boulevard Addition, located in the NE1/4 SE1/4, Section 2, T1N, R7E, BHM; and Lots 17 thru 22 of Block 9 of Flormann Addition, located in the NW1/4 SW1/4, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1220 Mt. Rushmore Road, 722 and 732 Fairview Street. 

82.             No. 06SV039 - A request by Dream Design International for a Variance to the Subdivision Regulations to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated Right-of-Way 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. 

83.             No. 06SV051 - A request by Advanced Engineering & Surveying, Inc. for Shane Daniel for a Variance to the Subdivision Regulations to waive the requirement to install sewer, water, street light conduit; and to waive the requirement to install sidewalk on both sides of the street as per Chapter 16.16 of the Rapid City Municipal Code on Tracts 1 and 2 of Lot B3 of Parcel B, MJK Subdivision, formerly Plat of Lots B2 and B3 of Parcel B, MJK Subdivision, formerly a part of Parcel B, MJK Subdivision, located in the NW1/4 SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Plat of Lots B2 and B3 of Parcel B, MJK Subdivision, formerly a part of Parcel B, MJK Subdivision, located in the NW1/4 SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Derby Lane and East Minnesota Street 

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

85.             No. 06RZ028 - Second Reading, Ordinance No. 5181, a request by CETEC Engineering for Franklin O. Simpson for a Rezoning from General Agriculture District to Medium Density Residential District on a parcel of land beginning at the southwest corner of the NW1/4 SW1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence N89º55’39”E 240.24 feet to a point; Thence N29º57’38”W 245.17 feet to a point; Thence N05º57’38”W 321.39 feet to a point on the Right-of-Way of Harmony Heights Lane; Thence S72º10’55”W 205.74 feet along said Right-of-Way to a point; Thence along a curve to the right having a radius of 229.63 feet, a distance of 3.70 feet to a point on said Right-of-Way; Thence S00º02’56”E 469.04 feet to a point on the South line of the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence along said South line N89º41’23”E 114.61 feet to the point of beginning, located southwest of the intersection of Harmony Heights Lane and Sunny Springs Drive. 

BILLS

86.             No. CC091806-01 Bill List for September 18, 2006 

ADJOURN