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

December 4 , 2006 - 7:00 P.M.

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

ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

ADOPTION OF AGENDA

APPROVE MINUTES of November 6, 2006, November 20, 2006, and special Council of November 27, 2006

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.

1.                  Introduction of Phil Olson, new Executive Director for Humane Society of the Black Hills

NON-PUBLIC HEARING ITEMS

Public Comment opened – Items 2 - 85

Public Comment closed

CONSENT ITEMS – Items 2 - 74

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

Set for Hearing (January 2, 2007)

2.                  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.

Alcoholic Beverage License Applications Set for Hearing (December 18, 2006)

3.                  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

4.                  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

5.                  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

6.                  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

7.                  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

8.                  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

9.                  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

10.             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 (InActive)

RETAIL (ON-SALE) LIQUOR LICENSE RENEWAL FOR 2007

11.             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 (InActive)

12.             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

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

14.             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

15.             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

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

RETAIL (ON-SALE) WINE LICENSE RENEWAL FOR 2007

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

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

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

20.             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

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

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

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

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

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

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

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

Public Works Committee Consent Items

28.             No. PW111406-01 –Deny without prejudice, a request by Roger Baker to appeal the denial of the Request for Exception to pave the right-of-way for parking at 1321 Mt. Rushmore Road to allow the applicant time to submit the required site plan to Growth Management. 

29.             No. PW112806-02 – Approve the Trenching Board Operating Manual, Revised 2006. 

30.             No. PW112806-03 – Approve a Memorandum of Understanding between the City of Rapid City and Pennington County for the exchange of snow routes. 

31.             No. PW112806-04 – Approve Change Order No. 1F for Halley Park Irrigation System and Sidewalk Reconstruction Project No. PR06-1588 / CIP No. 50042 to Sprinkler Guys, Inc. for an increase of $996.17. 

32.             No. PW112806-05 / No. PW112806-06 - Authorize staff to advertise for bids for the Burn Building Structure Project No. FD07-1634 and the Burn Building Foundation Project No. FD07-1364. 

33.             No. PW112806-07 – Authorize staff to advertise for bids for Two (2) Three Cubic Yard Class Front End Loaders, replacements for Streets Division  )

34.             No. PW103106-10 – Authorize the Mayor and Finance Officer to sign a Construction Fee Resolution for Big Sky Business Park 

35.             No. PW112806-08 – Authorize the Mayor and Finance Officer to sign a Covenant Agreement between the City of Rapid City and 16 Plus, LLP for Sewer Utility Construction Fees for Moon Ridge Subdivision.  )

36.             No. PW112806-10 – Authorize the Mayor and Finance Officer to sign the Water Construction Fee Resolution for Blu-Knu Storage and Auto Sales. 

37.             No. PW112806-11 – Authorize the Mayor and Finance Officer to sign a Maintenance and Financial Agreement with the South Dakota Department of Transportation for Traffic Signals, Roadway Lighting, Landscaping and Asphalt Concrete for South Dakota Project No. EM0902 (39) 61 PCN1939, Exit 61 -- North Elk Vale Road. 

38.             No. PW112806-12 – Authorize the Mayor and Finance Officer to sign a Permanent Access and Utility Easement for the Dahl Fine Arts Building Expansion Project No. IDP04-1367

39.             No. PW112806-13 – Authorize the Mayor and Finance Officer to sign a Permanent Overhead Utility Easement for the Dahl Fine Arts Building Expansion Project No. IDP04-1367

40.             No. PW112806-14 – Authorize the Mayor and Finance Officer to sign a Maintenance Contract 60-month renewal with Solar Sound Corporation dba Lighting Maintenance for City Street Lights Project No. ST06-1148. 

41.             No. PW112806-15 – Authorize the Mayor and Finance to sign Amendment No. 1 to the Professional Services Agreement with MWH Soft, Inc. for Water and Wastewater Modeling Software Project No. PW05-1447 to upgrade the sewer modeling software portion of the contract for an amount not to exceed $4,000.00. 

42.             No. PW112806-19 – Authorize the Mayor and Finance Officer to sign the Right of Way Permit with Black Hills Power, Inc. for the property described as a portion of Tract A Waste-Land Subdivision located in the South Half (S½) of Section Nineteen (19) and the Northeast Quarter (NE¼) of Section Nineteen (19), Township One North (T1N), Range Eight East (R8E) of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, except any part of MJK Subdivision lying in said Northeast Quarter (NE¼) of Section Nineteen (19), except Lot H3 in said Northeast Quarter (NE¼) of Section Nineteen (19) and except highway right of way.

43.             No. PW112806-16 – Authorize staff to seek proposals for East Mall Drive Connection from North LaCrosse Street to East North Street Project No. ST06-1334b. 

44.             No. PW112806-17 – Authorize the installation of stop signs at the intersection of Range Road and Raider Road. 

45.             No. PW112806-18 – Authorize the revision of the intersection controls at Falls Drive and Wonderland Cutoff. 

Legal & Finance Committee Consent Items

46.             Request staff to look into the installation of additional street lights between Soo San Drive and 44th Street on West Main Street and bring forward a recommendation to the December 26, 2006, Public Works Committee meeting. 

47.             No. LF112906-01 – Approve appointment of James Hansen to the Beautification Committee. 

48.             No. LF112906-02 – Approve appointment of Dale Landis, Brenda French, Mark Kjellerson, Kathy Ertel, Jim Schamber, Lynn Von Wald, and Chuck Henrie to the Mayor’s Committee on Disabilities. 

49.             No. LF112906-03 – Approve appointment of Joel Jundt to the City’s Beautification Committee. 

50.             No. LF112906-13 - Add an additional comment time to the City Council agenda format in between the Consent Calendar Items and the Non-Consent Calendar Items. 

51.             No. LF112906-04 – Acknowledge Capital Improvements Program Committee monthly update for November, 2006. 

52.             No. LF112906-05 – Approve 2006 Capital Plan for Streets, Drainage and MIP Projects for November, 2006. 

53.             Include repair of the curbs at Eighth Street and Fairview on the next available miscellaneous improvements projects. 

54.             Request the City Finance Officer to bring forward a report to the 2012 Meeting on the 2012 fund regarding the sales tax projections and an estimate of the shortfall, if any. 

55.             Authorize staff to advertise for bids for the 2007 patrol vehicles for the Police Department. 

56.             Authorize staff to accept the S.D. Hazardous Materials Emergency Preparedness (HMEP) grant in the amount of $3,046. 

57.             Approve Travel Request for Rich Broderick and Joe Tjaden to attend the HazMat Monitoring Course in Pueblo, CO, on December 11-13, 2006, in the approximate amount of $3,046. 

58.             No. LF112906-12 - Authorize Mayor and Finance Officer to sign Agreement for Professional Services with HDR a Basin Electric Intertie Study Area Noise and Vibration Study and Land Use Assessment for an amount not to exceed $94,007

59.             No. LF112906-06 – Acknowledge the report on a blanket insurance policy for bleachers. 

60.             No. LF112906-07 – Approve Travel Request for Cathy Druckrey to attend Annual Conference of National Public Employers Labor Relations Association in Scottsdale, AZ from April 22-27, 2007 at a cost of $2,025. 

61.             No. PW112806-09 - Approve Offsite Sewer Construction Fee Resolution for Moon Ridge Subdivision. 

62.             No. LF112906-08 – Approve request from Kathryn Douglas, d/b/a K & M Creams, to renew Ice Cream Vendor’s License for 2007. 

63.             No. LF112906-09 – Approve request from Donnie Patton, d/b/a Mr. Frosty, to renew Ice Cream Vendor’s License for 2007. 

64.             No. LF112906-10 – Acknowledge raffle request from South Park Elementary. 

65.             No. LF112906-14 - Authorize Mayor and Finance Officer to sign Standard Agreement and Authorization for Services with Simpson & Associates, Inc. (Horlock/Roberts Property) in the sum of $7,500 with the final report due within 90 days from the date of the signed engagement receipt and the notice to proceed.  The funding will come from Public Works. 

66.             No. LF112906-15 - Authorize Mayor and Finance Officer to sign Standard Agreement and Authorization for Services with Simpson & Associates, Inc. (Ziggy’s Property) in the sum of $5,500 with the final report due within 90 days from the date of the signed engagement receipt and the notice to proceed.  This will be reimbursable through the Federal Department of Transportation. 

67.             No. LF112906-16 - Authorize Mayor and Finance Officer to sign Standard Agreement and Authorization for Services with Simpson & Associates, Inc. (Wally Byam land) in the sum of $3,750 with the final report to follow within 40 days from the date of the signed engagement receipt and the notice to proceed. 

68.             Approve the following licenses:  Plumbing Apprentice:   Rick Pokorney and Jason Duwenhoegger; Sign Contractor: Todd Koehne, Sign Service & Supply; Electrical Contractor/Master:  Brad Pederson, Guyer’s Electric LLC; Electrical Journeyman: Bradley Pederson and Brent Pederson; Metals & Gems:  Brown and Associates, Ray Brown; Midwest Jewelry, Doug R Beam; Pawn Shop:  First National Pawn, Inc (320 E Blvd), Barbara D Forbes; First National Pawn, Inc (935 E North), Barbara D Forbes; Pawn-Derosa-Pawn, Carol Allison; Second Hand:   Ernie November’s Inc, Steven Merry;  Scheels All Sports, Dona Ochsner; Security Business:   Deco Security Services, Keith L Emerson;  Rochester Armored Car Co, Inc, Paul Cameron; Taxi Business:  Airport Express Shuttle, Inc, Kathleen Walla Leui; Sewer and Water Journeyman:  Barry Wood. 

Growth Management Department Consent Items

69.             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.

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

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

72.             No. 06PL174 - A request by Centerline, Inc. for Lazy P-6 Land Co, Inc. for a Preliminary Plat on Lot 2, North 80 Subdivision, located in Government Lot 1, located in the NW1/4 NW1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land described as the S1/2 NW1/4 NW1/4, (Government Lot 1), Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Sandra Lane and north of Stumer Road.

73.             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.

74.             No. 06PL179 - A request by Fisk Land Surveying for Sandra Fredrickson for a Layout Plat on Lot G of Tract C of the south part of Lot 7, Red Cliff Terrace Subdivision, located in the SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4330 Jackson Boulevard.

END OF CONSENT CALENDAR

NON-CONSENT ITEMS – Items 75 - 85

ORDINANCES

75.             No. 06OA006 – First 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. 

76.             No. 06RZ065 – First 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 request 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.

77.             No. 06RZ066 - First Reading, Ordinance No. 5219, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as request by Nick Uhre for a Rezoning from Medium Density Residential District to Office Commercial District 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.

78.             No. 06RZ067 - First 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 request 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.

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

79.             No. LF111506-01 - Transfer of Skyline Wilderness Area

80.             Request for funds for deer harvest

PUBLIC WORKS COMMITTEE ITEMS

81.             Rapid Transit Bus Bench Replacement

BIDS

82.             No. CC120406-02 - Solar Powered School Zone Beacons and School Speed Zone Signs (opened November 28, 2006)

83.             No. CC120406-02 - Light Emitting Diode (LED) Traffic Signal Inserts and LED Pedestrian Signals (opened November 28, 2006)

MAYOR’S ITEMS

84.             2012 Report

COUNCIL ITEMS & LIAISON REPORTS

85.             Political Decorum, Alderman Schumacher

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 86– 207

CONTINUED PUBLIC HEARINGS CONSENT ITEMS – Items 86 - 109

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

Continue the following items until December 18, 2006:

86.             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.

87.             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.

88.             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.

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. 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.

93.             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.

94.             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.

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

96.             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.

97.             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.

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

99.             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.

100.         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.

101.         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 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.

102.         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 request by Dream Design International, Inc. for a Rezoning from General Commercial District to Light Industrial District on Lot 1 B of Starlite Subdivision located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street. 

103.         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.

104.         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.

105.         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.

106.         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.

107.         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.

108.         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 January 15, 2006:

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

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearings (comment)

PUBLIC HEARING CONSENT ITEMS – Item 110 - 197

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

RETAIL (ON-SALE) WINE LICENSE RENEWAL FOR 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

PACKAGE (OFF-SALE) LIQUOR LICENSE RENEWAL FOR 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

RETAIL (ON-SALE) LIQUOR LICENSE RENEWAL FOR 2007

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

ASSESSMENT ROLLS

197.         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 198 - 207

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

199.         No. 06CA041 - A request by Sperlich Consulting, Inc. for B&T Investments for an Amendment to the Comprehensive Plan to change the land use designation from Residential to General Commercial with a Planned Commercial Development on a portion of the SE1/4 of the SE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northeasterly corner of the dedicated right-of-way of Severson Street as shown in Plat Book 29 on Page 128, and the Point of Beginning; Thence, first course: easterly, along the prolongation of the northerly boundary of Lot 3 of Corral Drive Subdivision, a distance of 470.00± feet, to a point on the westerly edge of the right-of-way of Lot H1 of the SE1/4 SE1/4 of said Section 16 (westerly edge of Sheridan Lake Road Right-of-Way); Thence, second course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 370.00± feet, to an angle point on the westerly edge of said Lot H1 of the SE1/4 of the SE1/4 of said Section 16; Thence, third course: southwesterly, along the westerly edge of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, a distance of 78.65± feet to an angle point on the westerly edge of said Lot H1 of the SE1/4 SE1/4 of said Section 16; Thence, fourth course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 84.65± feet to the southwesterly corner of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, common to a point on the northerly boundary of Lot 1 of the SE1/4 SE1/4 of Section 16 (Corral Drive right-of-way); Thence, fifth course: westerly, along the northerly boundary of said Lot 1 of the SE1/4 SE1/4 of Section 16, a distance of 345.47± feet, to the southeasterly corner of the right-of-way of said Severson Street; Thence, sixth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 89.41± feet, to a point of curve along the easterly edge of the right-of-way of said Severson Street; Thence, seventh course:  northerly, along the easterly edge of the right-of-way of said Severson Street, curving to the left on a curve with a radius of 326.00 feet, a delta angle of 09º21’07”, an arc length of 44.72± feet, to a point of tangency along the easterly edge of the right-of-way of said Severson Street; Thence, eighth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 366.70± feet, to the northeasterly corner of the dedicated right-of-way of said Severson Street, and the Point of Beginning, located at the northwest corner of the intersection of Sheridan Lake Road and Corral Drive.

200.         No. 06CA047 - A request by City of Rapid City for an Amendment to the Comprehensive Plan by revising the Future Land Use Plan to change the land use designation from Park Forest to Low Density Residential on Lot 1 of Tract K-1 of Canyon Park Estates, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5740 West Highway 44.

201.         No. 06SV065 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and pavement as per Chapter 16.16 of the Rapid City Municipal Code on the north 389.4 feet of Tract C, located in the NW1/4 NE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Sunset Vista Road and Sheridan Lake Road.

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

203.         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.

204.         No. 06RZ040 – Second Reading, Ordinance No. 5200, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as request by Sperlich Consulting, Inc. for B&T Investments for a Rezoning from Medium Density Residential District to General Commercial District on a portion of the SE1/4 of the SE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the northeasterly corner of the dedicated right-of-way of Severson Street as shown in Plat Book 29 on Page 128, and the Point of Beginning; Thence, first course: easterly, along the prolongation of the northerly boundary of Lot 3 of Corral Drive Subdivision, a distance of 470.00± feet, to a point on the westerly edge of the right-of-way of Lot H1 of the SE1/4 SE1/4 of said Section 16 (westerly edge of Sheridan Lake Road Right-of-Way); Thence, second course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 370.00± feet, to an angle point on the westerly edge of said Lot H1 of the SE1/4 of the SE1/4 of said Section 16; Thence, third course: southwesterly, along the westerly edge of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, a distance of 78.65± feet to an angle point on the westerly edge of said Lot H1 of the SE1/4 SE1/4 of said Section 16; Thence, fourth course: southerly, along the westerly edge of the right-of-way of said Lot H1 of the SE1/4 SE1/4 of said Section 16, a distance of 84.65± feet to the southwesterly corner of the right-of-way of said Lot H1 SE1/4 SE1/4 of said Section 16, common to a point on the northerly boundary of Lot 1 of the SE1/4 SE1/4 of Section 16 (Corral Drive right-of-way); Thence, fifth course: westerly, along the northerly boundary of said Lot 1 of the SE1/4 SE1/4 of Section 16, a distance of 345.47± feet, to the southeasterly corner of the right-of-way of said Severson Street; Thence, sixth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 89.41± feet, to a point of curve along the easterly edge of the right-of-way of said Severson Street; Thence, seventh course:  northerly, along the easterly edge of the right-of-way of said Severson Street, curving to the left on a curve with a radius of 326.00 feet, a delta angle of 09º21’07”, an arc length of 44.72± feet, to a point of tangency along the easterly edge of the right-of-way of said Severson Street; Thence, eighth course: northerly, along the easterly edge of the right-of-way of said Severson Street, a distance of 366.70± feet, to the northeasterly corner of the dedicated right-of-way of said Severson Street, and the Point of Beginning, located at the northwest corner of the intersection of Sheridan Lake Road and Corral Drive.

205.         No. 06RZ054 – Second Reading, Ordinance No. 5209, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot 1, Tract K-1, Canyon Park Estates, Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5740 West Highway 44.

206.         No. 06RZ060 – Second Reading, Ordinance No. 5213, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on Tract B, Meadow View Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard and South Hill Subdivision and East of U. S. Highway 16.

207.         No. 06RZ062 – Second Reading, Ordinance No. 5215, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property, as request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on NE1/4 SW1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of U. S. Highway 16 and south of Sammis Trail.

BILLS

208.         No. CC120406-01 Bill List for December 4, 2006

EXECUTIVE SESSION

ADJOURN