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5:45 P.M., Agenda Review for City Council and Department Heads in 3rd floor West Conference Room (informal discussion; no action will be taken).

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

July 18, 2005 - 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 

APPROVE MINUTES of July 5, 2005 and correct the minutes of June 22, 2005 reflecting a correct bid award amount of $197,850.00 to Hills Materials Company for STCM05-1455, North 39th St & Clover.

ADOPTION OF THE AGENDA 

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for July, 2005

2.                  Employee Awards 

GENERAL PUBLIC COMMENT 

A time for members of the public to discuss or express concerns to the Council on any issue, not limited to items 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. Timing lights will be used, three minute time limit per speaker. 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

PUBLIC HEARINGS

3.                  No. CC060605-04 Epic Outdoor Advertising appeal of the Sign Code Board of Appeals’ decision (Continued to June 6, 2005 Council proceedings) 

4.                  Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk, street light conduit, water and sewer along Roosevelt Avenue and to install street light conduit along West Boulevard as they abut Lots 3, 4, 6 and the north 81 feet of Lot 5, Ridge Park Addition No. 3, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. (05SV039) 

5.                  No. 05SV039 - A request by Fisk Land Surveying for Stanford Adelstein for a Variance to the Subdivision Regulations to waive the requirement to  install curb, gutter, street light conduit, sidewalks, water, sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 3, 4, 6 and the north 81 feet of Lot 5, Ridge Park Addition No. 3, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 3R and 5R, Ridge Park Addition No. 3, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located between Roosevelt Avenue and West Boulevard, north of Saint Anne Street and south of Saint Patrick Street. 

6.                  No. 05SV040 - A request by D.C. Scott Co. for William Morrison for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalks, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5, Morrison Subdivision, located in the SW1/4 SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Parcel B, Lot 3, located in the SW1/4 SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to the north side of Green Valley Drive between Reservoir Road and Green Field Drive. 

LEGAL & FINANCE COMMITTEE ITEMS

7.                  No. LF071305-01 Refer a request by Edward and Arlene Holcomb to park recreational vehicle at 801 Holcomb Avenue to the Planning Commission for possible amendments to the zoning ordinance and bring back a recommendation to the September 14, 2005, Legal and Finance Committee meeting, and to take no enforcement action prior to that time.   

8.                  No. CC071805-01 Resolution Establishing the City's Liability Insurance Deductible Amount as the Maximum Amount of Indemnification for City Employees 

PUBLIC WORKS COMMITTEE ITEMS

9.                  No. PW071205-01 Request staff to proceed with phase one of the Deadwood Avenue water supply project and to provide funding options. 

10.             Request the City Attorney’s Office draft a letter to Lazy P-6 relative to an assurance that Lazy P-6 will be provided sewer service at no additional cost 

11.             No. PW071205-07 Approve an Initial Resolution setting time and place for hearing on August 15, 2005 for Sixth Street and Hillcrest Drive Water Main Extension, Project No. W05-1521. 

12.             Request authorization to apply for a Homeland Security Grant for partial funding of the Utility System Master Plan and GIS projects 

GROWTH MANAGEMENT DEPARTMENT ITEMS

13.             No. 05SV041 - A request by Sperlich Consulting, Inc. for Walgar Development Corp. for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and to install street light conduit along Minnesota Street and Fifth Street and to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1, Block 2, Minnesota Park Subdivision, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the N1/2 SE1/4, and a portion of tract B, Robbinsdale Addition No. 10 all located in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of Minnesota Street and Fifth Street. 

14.             Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of a minimum of 40 foot wide paved surface, street light conduit, curb, gutter and sidewalk along Long View Road and to install a minimum  40 foot wide paved surface, street light conduit, curb, gutter and sidewalk along Reservoir Road as they abut a portion of Tract T of Trailwood Village, located in the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Lot 3 of Block 22, Trailwood Village, Thence, S00º03’09”W, a distance of 346.91 feet to the northeasterly corner of the boundary, and the Point of Beginning; Thence, first course: S00º05’47”W, a distance of 317.18 feet, to the southeasterly corner of said boundary; Thence, second course: S89º49’52”W, a distance of 227.28 feet, to the southwesterly corner of said boundary; Thence, third course: N00º04’24”W, a distance of 199.81 feet, to the northerly corner of said boundary; Thence, fourth course: N65º25’59”W, a distance of 24.18 feet, to the northwesterly corner of said boundary; Thence, fifth course: N00º04’24”E, a distance of 35.04 feet, to the northerly corner of said boundary; Thence, sixth course: S89º55’36E, a distance of 40.00 feet, to the northeasterly corner of said boundary; Thence, seventh course: N00º04’24”E, a distance of 73.27 feet, to the northerly corner of said boundary; Thence, eighth course: S89º55’36”E, a distance of 209.43 feet, to the northeasterly corner of said boundary, and the Point of Beginning, said parcel contains 1.460 acres more or less. (05SV044) 

15.             No. 05SV044 - A request by Sperlich Consulting for Gordon Howie for a Variance to the Subdivision Regulations to waive the requirement to install street light conduit, curb, gutter and sidewalk along Long View Road, Reservoir Road and the access easements; and to waive the requirement to provide additional pavement and to dedicate a ten foot wide planting screen easement along Long View Road and Reservoir Road; and to dedicate additional Right-of-Way along Long View Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 8A, 8B and 8C,  Lots 9A and 9B and Lots 10A and 10B, Block 22, Trailwood Village, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village, located in the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Lot 3 of Block 22, Trailwood Village, Thence, S00º03’09”W, a distance of 346.91 feet to the northeasterly corner of the boundary, and the Point of Beginning; Thence, first course: S00º05’47”W, a distance of 317.18 feet, to the southeasterly corner of said boundary; Thence, second course: S89º49’52”W, a distance of 227.28 feet, to the southwesterly corner of said boundary; Thence, third course: N00º04’24”W, a distance of 199.81 feet, to the northerly corner of said boundary; Thence, fourth course: N65º25’59”W, a distance of 24.18 feet, to the northwesterly corner of said boundary; Thence, fifth course: N00º04’24”E, a distance of 35.04 feet, to the northerly corner of said boundary; Thence, sixth course: S89º55’36E, a distance of 40.00 feet, to the northeasterly corner of said boundary; Thence, seventh course: N00º04’24”E, a distance of 73.27 feet, to the northerly corner of said boundary; Thence, eighth course: S89º55’36”E, a distance of 209.43 feet, to the northeasterly corner of said boundary, and the Point of Beginning, said parcel contains 1.460 acres more or less, located at the northwest corner of the intersection of Long View Road and Reservoir Road. 

ORDINANCES & RESOLUTIONS

16.             No. LF062905-08 Second Reading, Ordinance No. 5075 Authorizing a Special Election in Case of a Vacancy in the Office of Mayor or Alderman by Creating Section 2.08.120 of the Rapid City Municipal Code.   

17.             No. LF071305-07 First Reading, Ordinance No. 5077 Regarding Supplemental Appropriation No. 3 for 2005.   

18.             No. 05OA005 First Reading, Ordinance No. 5076 Establishing the Canyon Lake Overlay Zoning District by Adding Chapter 17.60 to Title 17 of the Rapid City Municipal Code.   

19.             No. 05RZ044 – Second Reading Ordinance No. 5080, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot C, NE1/4 NW1/4, and Lot X of Lot B, NE1/4 NW1/4, all of Johnson School Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of School Drive and Elk Vale Road and adjacent to East Highway 44. 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

CONTINUED ITEMS CONSENT CALENDAR – Items 20-51 

Consists of items that need to be continued because they are not currently ready for action. 

Request of Council Members to Remove Items from the Continued Consent Calendar 

Vote on Remaining Consent Items 

Public Comment on First Item Removed from Consent Calendar 

Council Discussion and Vote on Item 

Continue the following items until August 1, 2005:

20.             No. 04AN009 - A request by Dream Design International, Inc. for a Petition for Annexation on the W1/2 SE1/4 and SE1/4 SE1/4 and N1/2 NW1/4 SW1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

21.             No. 04AN010 - A request by Dream Design International Inc. for a Petition for Annexation on the S1/2 NE1/4 SW1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

22.             No. 04CA029 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change a Minor Arterial Street to a Collector Street on the Major Street Plan on the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

23.             No. 04PL097 - A request by Dream Design International, Inc. for a Layout Plat on Hyland Park Subdivision, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

24.             No. 04RZ037 - A request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on  a parcel of land located in the W1/2 SE1/4 and the SE1/4SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

25.             No. 04SV042 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, pavement, sewer, water and street light conduit; to waive the requirement to dedicate additional right-of-way; and, to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on  the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

26.             No. 05AN006 - A request by Dream Design International for a Petition for Annexation on the NE1/4 NW1/4, Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located east of West Nike Road and Country Road. 

27.             No. 05AN007 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Petition for Annexation on the NE1/4 SE1/4, Section 13, T2N, R7E, BHM,  Pennington County, South Dakota, located at 5230 Haines Avenue. 

28.             No. 05CA027 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to revise the Major Street Plan on all of Section 21 and the SW1/4 of Section 22, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the east and west sides of Old Folsom Road and South of existing Jolly Lane. 

29.             No. 05FV003 - A request by Jon Dicks for a Fence Height Exception to allow a six foot four inch high fence within the required 25 foot front yard setback on Lot A of Lot 14 and the south 20 feet of Lot C of Lot 14, Acre Tract, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 430 South Canyon Road. 

30.             No. 05PL016 - A request by Ron Blum for Montana-Dakota Utilities Co. for a Preliminary Plat on Lot 1, MDU Regulator #83, located in the N1/2  Government Lot 4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as  the unplatted portion of the N1/2 of GL3 and the N1/2 GL4 less Lots H1 & H2, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of East Anamosa Street and Elk Vale Road on the east side of Elk Vale Road. 

31.             No. 05PL048 - A request by Dream Design International for a Layout Plat on Lots 1-25, Black Hills Estates located in the  NE1/4 and SW1/4 NW1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 and SW1/4 NW1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Catron Boulevard and Fifth Street. 

32.             No. 05PL072 - A request by Renner and Associates for Pete Lien and Sons for a Preliminary Plat on the Lien Tract and  Lot AR, Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., legally described as Lot A, B, and C of Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., located at the old Dog Track on North Highway 79. 

33.             No. 05PL085 - A request by Dream Design International, Inc. for a Layout Plat on Parcels 1 through 17, Rushmore Crossing, located in the SW1/4, Section 30 and a portion of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the SW1/4, lying south of I-90 and north of the Railroad Right-of-Way, less Tract C, Section 30 and a portion of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Eglin Street between Lacrosse Street and East North Street. 

34.             No. 05PL086 - A request by Centerline for PLM Land Development, LLC for a Preliminary Plat on Lots 1 through 20 located in NE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the property located in the NE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Catron Boulevard and Fifth Street. 

35.             No. 05PL090 - A request by Sperlich Consulting, Inc. for Doeck, L.L.C. for a Preliminary Plat on Lots 1 through 8 and Lots 24 through 61 of Block 1, and Lots 1 through 10 of Block 2, Brookfield Subdivision, located in the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to West Nike Road. 

36.             No. 05PL096 - A request by Sperlich Consulting for Lifestyle Homes for a Preliminary Plat on Lots 7A and 7B of Block 18, Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 7 of Block 18, Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located between the east side of Savannah Street and the west side of Reservoir Road. 

37.             No. 05PL100 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 through 13, Block 11; Lots 1, Block 12; Lots 3 through 8 Block 7; Lots 3 through 9, Block 6; Lots 10 through 19, Block 5,  Section 28, T1N, R7E, and  Section 29, T1N, R7E, Red Rock Subdivision, BHM, Rapid City, Pennington County, South Dakota, legally described as  the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 28, T1N, R7E, and the NW1/4 NW1/4 and the SW1/4 NW1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north and west of the northern terminus of Dunsmore Road. 

38.             No. 05PL112 - A request by Renner & Associates for BB&R Properties for a Preliminary Plat on Lot BR of Shoenhard Subdivision and Lot 6R of Mann Subdivision located in the N1/2 of SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Shoenhard Subdivision and Lot 6 of Mann Subdivision, a portion of Vacated Section Line Right-of-Way, and Lot A of NE1/4 of the SE1/4 of Section 33, located in the N1/2 of SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3400 West Chicago Street. 

39.             No. 05PL113 - A request by Dream Design International, Inc. for a Layout Plat on E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 4511 Jolly Lane. 

40.             No. 05PL116 - A request by Centerline for PLM Land Development, LLC for a Preliminary Plat on Lots 5 through 15, Block 2, located in the NE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 N1/2 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchantment Road. 

41.             No. 05PL117 - A request by Boschee Engineering for a Preliminary Plat on Lots 1A through 8A, Lots 1B through 8B, Block 5; Lots 1A through 4A, Lots 1B through 4B, Block 7, Stoney Creek Subdivision, dedicated streets located in the SW1/4 NW1/4 and the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1A and 1B, Block 5, Stoney Creek Subdivision, dedicated streets located in the SW1/4 NW1/4 and the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the west side of Bendt Drive between Catron Boulevard and Winterset Drive. 

42.             No. 05PL118 - A request by Sperlich Consulting for Gordon Howie for a Preliminary Plat on Lots 8A, 8B, 8C, 9A, 9B, 10A, 10B, Block 22, Trailwood Village, SE1/4 SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of tract T, Trailwood Village, located in the SE1/4 SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Long View Road and Reservoir Road. 

43.             No. 05RZ042 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Rezoning from No Use District to Low Density Residential District on the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5230 Haines Avenue. 

44.             No. 05RZ043 - A request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Office Commercial District on Lot 3, Block 1, Fifth Street Office Plaza, legally described as a tract of land located in the S1/2 N1/2 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: beginning at a point from which the northeast corner of said Section 24, bears N31º57’16”E, a distance of 1105.84 feet; thence N61º16’15”W, a distance of 192.54 feet; thence S27º33’31”W, a distance of 286.44 feet; thence S62º26’29”E, a distance of 192.50 feet; thence N27º33’31”E, a distance of 282.51 feet, to the point of beginning; said tract containing 1.26 acres more or less, located on the north side of 5th Street approximately 1000 feet north of the intersection of Catron Boulvard and 5th Street. 

45.             No. 05SV016 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Craig Erickson for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water and sewer along Radar Hill Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Crystal Dome Subdivision and dedicated right-of-way located in the E1/2 NE1/4 NE1/4 Section 13, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the E1/2 NE1/4 NE1/4 Section 13, T1N, R8E, BHM, Pennington County, South Dakota, located south of Long View Road along Radar Hill Road. 

46.             No. 05SV023 - A request by Brent Pushing for a Variance to the Subdivision Regulations to waive the requirement to pave and to reduce the surface width from 24 feet to 16 feet for Sunridge Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 4, Brentwood Subdivision, Section 25, T2N, R6E, BHM,  Rapid City, Pennington County, South Dakota, legally described as 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, Section 25, T2N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Sunridge Road. 

47.             No. 05SV027 - A request by Renner & Associates for Pete Lien and Sons 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 Lien Tract and  Lot AR, Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., legally described as Lot A, B, and C of Keller Subdivision, located in the S1/2 of SE1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., located at the old Dog Track on North Highway 79. 

48.             No. 05SV033 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Variance to the Subdivision regulations to allow a lot twice as long as it is wide and to waive the requirement to install sidewalk and street light conduit along Cobalt Drive and to waive the requirement to install street light conduit on Adonia Lane, Wisteria Court and Three Rivers Drive as per Section 16.16 of the Rapid City Municipal Code on Lots 1 through 8 and Lots 24 through 61 of Block 1, and Lots 1 through 10 of Block 2, Brookfield Subdivision, located in the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to West Nike Road. 

49.             No. 05SV042 - A request by Renner & Associates for BB&R Properties for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line and access easement, and to waive requirements to install street light conduit and sidewalks along West Chicago Street as per Chapter 16.16 of the Rapid City Municipal Code on Lot BR of Shoenhard Subdivision and Lot 6R of Mann Subdivision located in the N1/2 of SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Shoenhard Subdivision and Lot 6 of Mann Subdivision, a portion of Vacated Section Line Right-of-Way, and Lot A of NE1/4 of the SE1/4 of Section 33, located in the N1/2 of the SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3400 West Chicago Street. 

Continue the following items until August 15, 2005:

50.             No. 05PL041 - A request by D.C. Scott Co. Land Surveyors for Wayne Householder for a Preliminary Plat on Lot AR of Gravatt Subdivision, dedicated Anderson Road right-of-way and dedicated Dunn Road right-of-way and vacated 33' right-of-way located in the SW1/4 NW1/4 and in the N1/2 SW1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A of Gravatt Subdivision located in the SW1/4 NW1/4 and in the N1/2 SW1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Anderson Road and Dunn Road. 

51.             No. 05SV021 - A request by D.C. Scott Co. Land Surveyors for Wayne Householder for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water, and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot AR of Gravatt Subdivision, dedicated Anderson Road right-of-way and dedicated Dunn Road right-of-way and vacated 33' right-of-way located in the SW1/4 NW1/4 and in the N1/2 SW1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A of Gravatt Subdivision located in the SW1/4 NW1/4 and in the N1/2 SW1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Anderson Road and Dunn Road. 

End of Continued Items Consent Calendar 

CONSENT CALENDAR ITEMS – 52-91 

The following items were placed on the Consent Calendar for final action to be taken on all items by a single vote. Any item may be removed from the Consent Calendar by the Mayor, a Council person, or a citizen, for separate consideration. 

Public Request for Removal of Items from Consent Calendar 

Request of Council Members to Remove items from the Consent Calendar 

Vote on Remaining Consent Items 

Public Comment on First Item Removed from Consent Calendar 

Council Discussion and Vote on Item 

Set for Hearing (August 15, 2005)

52.             No. 05VR008 – A request by Sperlich Consulting for Doeck LLC for a Vacation of Section Line Highway on the SE1/4, NE1/4, NE1/4 SE1/4, N1/2 SE1/4 SE1/4, all in Section 14, T2N, R7E, BHM, Pennington County, South Dakota and the SW1/4 NW1/4, NW1/4 SW1/4, N1/2 SW1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Cobalt Drive. 

Public Works Committee Consent Items

53.             Acknowledge the Minnesota Street soccer field parking lot access report

54.             No. PW053105-04 Acknowledge the drainage area located at the southeast quadrant of I190 and I90 report; and request that Williston Basin Pipeline be contacted and asked to eliminate noxious weeds.

55.             Approve two additional parking spaces on the east side of Fifth Street in front of Aby’s Feed Store location.

56.             No. PW071205-02 Approve the expenditure of $23,000.00 out of the City’s Water Enterprise Fund for matching funds for West Dakota Water Development District grant project.

57.             Direct the Parkview Softball Complex landscaping and irrigation issue to the City Attorney’s Office for further action.

58.             Approve bid award of April 4, 2005 for a 2005 Johnston Vacuum Street Sweeper to Sheehan Mack Sales and Equipment for an increase of $5,000.00. Original bid amount $166,600.00; adjusted bid without trade $171,600.00, and to request that the City Attorney’s Office verify the legality of this action. 

59.             No. PW071205-03 Authorize staff to advertise for bids for Fairgrounds East Drainage Improvements Project No. DR04-1389; CIP #50544, to install two 48” pipes under Centre Street, Lower water main and perform associated construction completion.

60.             No. PW071205-04 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Kadrmas, Lee & Jackson for Preliminary Engineering, Environmental Review and Project Design for East Anamosa Street Extension Project No. ST04-1397; CIP #50316 for an amount not to exceed $259,776.12.

61.             No. PW071205-05 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Bareis Engineering, Inc. for Canyon Lake Dam Spillway Maintenance Plans and Specifications, Project No. DR04-1433; CIP #50576 for an amount not to exceed $12,840.00.

62.             No. PW071205-06 Authorize Mayor and Finance Officer to sign Amendment No. 2 to a Professional Services Agreement with Ferber Engineering Company, Inc for additional engineering services for Centre Street Sewer Main Extension Project No. SS00-940; CIP #50275 for an amount not to exceed $7,200.00.

63.             Authorize Mayor and Finance Officer to sign an agreement with Rushmore Mall to allow the City to set up a Transportation Planning information display in the mall at no charge.

64.             No. PW071205-08 Approve a Resolution for Sidewalk Improvement Project SWK05-1478 for an estimated cost of $1,800.00 to be assessed to the affected property owners; noting repairs to sidewalks are throughout the City.

65.             No. PW071205-09 Approve a Resolution fixing time and place for hearing on August 15, 2005 Assessment Roll for Block 13 Alley Paving (West Boulevard Addition) Project No. ST04-1420.

66.             No. PW071205-10 Approve A Resolution Establishing Matching Funds for Replacing Privately-Owned Common Sewer and Water Service Lines With City Mains.

67.             Approve the selection of Dream Design International, Centerline, Inc. and FMG, Inc. as the consultants chosen to submit quotes for design of sanitary sewer in the South Robbinsdale area.

68.             No. PW071205-11 Acknowledge the infiltration and inflow project report.

69.             No. 05RD004 Approve a Resolution for Road Name from Muirfield Drive to Portrush Road for petitioner DKEA, LLC and Redrock Development Co. LLC for that portion of Muirfield Drive located in Section 28 and most eastern 83.25 foot of Muirfield Drive located in Section 29 on a portion of Muirfield Drive located in Section 28; and the most eastern 83.25 foot of Muirfield Drive located in Section 29, all located in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on a portion of Muirfield Drive located in Section 28 and 29.

70.             No. 05SE007 Approve an Exception to the Street Design Criteria Manual for petitioner Jul-Mar Development, Inc. to allow curb side sidewalks in lieu of property line sidewalks on Lots 5, 6, 7 and 8, Block 1, Skyview North Subdivision, SE1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southern terminus of Minnewasta Road.

71.             No. 05VE007 Approve a Vacation of Non-Access Easement for petitioner D. C. Scott Co. for Muth Homes, Inc. on Lot 1A and Lot 1B, Block 1, Auburn Hills Subdivision, located in the NE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 1, Auburn Hills Subdivision, located in the NE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 730 Auburn Drive. 

Legal & Finance Committee Consent Items

72.             No. LF071305-02 Approve Amended Travel Request for Captain Mike Maltavern, Scott O’Connor, Paul Johnson, and John Renz to attend Rocky Mountain Emergency Services Training Centers in Helena, MT, September 13-15, 2005, in the approximate amount of $3,591. 

73.             No. LF071305-03 Approve Travel Request for David Stucke to attend Forensic Analysis Photographic/Video Comparison at the British Columbia Institute of Technology, August 22-26, 2005, in the approximate amount of $1,847. 

74.             No. LF071305-03A Approve Travel Request for Lieutenant Walton and Detective White to attend Property Crime Conference in Las Vegas, August 22-25, 2005, in the approximate amount of $2,084. 

75.             No. LF071305-03B Authorize staff to purchase two (2) 2006 Ford Crown Victoria police vehicles from McKie Ford at state bid price of $21,995 each. These two vehicles will be for the canine officers and are funded from state drug seizure money. 

76.             No. LF071305-03C Authorize Mayor and Finance Officer to sign Project Agreement with the South Dakota Department of Highway Safety to do concentrated enforcement of revoked and suspended licenses. This is a two year agreement at $100,000 per year. It will provide 100% funding for two new officers for two years with no retention requirements. The project begins August 1, 2005. 

77.             Approve addition of two new FTE’s for the Police Department effective August 1, 2005.  

78.             No. LF071305-04 Approve Travel Request for Joe Tjaden and Rich Broderick to attend Tank Car Specialist Course in Pueblo, CO, September 11-17, 2005, in the approximate amount of $3,970.84. 

79.             No. LF071305-05 Authorize Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and The Salvation Army for an amount not to exceed $35,779. 

80.             No. LF071305-06 Authorize Mayor and Finance Officer to sign Agreement with Department of Corrections. 

81.             No. LF071305-08 Approve Travel Request for Keith L’Esperance to attend Annual National Public Risk Management Association Conference in Las Vegas, NV, June 10-14, 2006, in the approximate amount of $1,825. 

82.             No. LF071305-09 Accept the Finance Officer’s report regarding costs to administer reduced rates for utility billing and to take no further action on this matter. 

83.             No. LF071305-10 Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Harold Bies for the Acquisition of Easements. 

84.             No. LF071305-13 Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Legacy Land Company for the Acquisition of Easements. 

85.             No. LF071305-11 Approve Raffle Request from Central and Stevens High School Booster Clubs for Rushmore Bowl. 

86.             No. LF071305-12 Approve the following abatement:  Big D Oil Company, 2004, $951.12. 

87.             Approve the following licenses:  Residential Contractor:  Travis Tschetter, Tschetter Builders Inc.; Mechanical Apprentice:  Scott Miller; Mechanical Installer:  Justin Peckham.   

Growth Management Department Consent Items

88.             No. 05PL109 - A request by D.C.Scott Co. for Muth Homes, Inc. for a Preliminary Plat on Lot 1A and Lot 1B, Block 1, Auburn Hills Subdivision, located in the NW1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 1, Auburn Hills Subdivision, located in the NW1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 730 Auburn Drive. 

89.             No. 05PL110 - A request by D.C. Scott Co. for William Morrison for a Preliminary Plat on Lot 1, Lot 2, Lot 3, Lot 4 and Lot 5, Morrison Subdivision, located in the SW1/4 SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Parcel B, Lot 3, located in the SW1/4 SW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to the north side of Green Valley Drive between Reservoir Road and Green Field Drive. 

90.             No. 05PL111 - A request by Sperlich Consulting, Inc. for Walgar Development Corp. for a Preliminary Plat on Lot 1, Block 2, Minnesota Park Subdivision, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the N1/2 SE1/4, and a portion of tract B, Robbinsdale Addition No. 10 all located Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of Minnesota Street and Fifth Street. 

91.             No. 05PL114 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 3R and Lot 4R, Block 1, Eastridge Estates Subdivision, NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3 and Lot 4, Block 1, Eastridge Estates Subdivision, NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Enchantment Road and Stumer Road. 

END OF CONSENT CALENDAR 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

Retail (On-Off Sale) Malt Beverage License WITHOUT Video Lottery (Renewal)

92.             Dakota Fresh-Mex, LLC dba Qdoba Mexican Grill, 741 Mountain View Road for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

93.             Habaneros of Texas, Inc. dba Hotexas BBQ, 5412 South Hwy 16 for a Retail (On-Off Sale) Malt Beverage License without Video Lottery 

Retail (On-Off Sale) Malt Beverage License WITHOUT Video Lottery (Transfer)

94.             Brandt Cherry dba Wing & It, 5412 South Hwy 16 for a Retail (On-Off Sale) Malt Beverage License without Video Lottery Transfer from Habaneros of Texas, Inc. dba Hotexas BBQ

95.             Ron J. Stevens and Sandy K. Thornburg dba Executive Golf Course, 200 12th Street for a Retail (On-Off Sale) Malt Beverage License without Video Lottery Transfer from Waneta & Dick Ragels

96.             Ron J. Stevens and Sandy K. Thornburg dba Meadowbrook Grill & Pub, 3625 Jackson Blvd. for a Retail (On-Off Sale) Malt Beverage License without Video Lottery Transfer from Waneta & Dick Ragels 

Retail (On-Sale) Wine License (Transfer)

97.             Ron J. Stevens and Sandy K. Thornburg dba Meadowbrook Grill & Pub, 3625 Jackson Blvd. for a Retail (On Sale) Wine License Transfer from Waneta & Dick Ragels 

Special Beer and Wine License

98.             Suncatcher TheroPeutic Riding Academy for a special Beer and Wine License to be used on July 28, 2005 at WestMed Rehab, Inc., 318 Mt. Rushmore Road, Suite E 

Set for Hearing (August 1, 2005) 

Retail (On-Sale) Wine License

99.             Hogg Restaurant Service dba HRS Food Service, 2501 West Chicago Street for a Retail (On-Sale) Wine License 

ITEMS FROM THE MAYOR

100.         Appointments 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS 

FINANCE OFFICER’S ITEMS

101.         No. CC071805-02 Report on archiving audio tapes of the Public Works and Legal & Finance Committees 

BID AWARDS

102.         No. CC070505-02  Enhanced Corrosion Inhibited Liquid Magnesium Chloride for Streets Division (opened June 30, 2005)

103.         No. CC070505-02 Sodium Chloride for Streets Division (opened June 30, 2005)

104.         No. CC071805-03 East Saint Charles Street Water Main Extension Project No. W05-1476 / CIP No. 50585 (opened July 13, 2005) 

CIP COMMITTEE ITEMS 

APPROVAL OF BILLS

105.         No. CC071805-04 Bill List for July 18, 2005 

PARKS & RECREATION DEPARTMENT ITEMS 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD 

CITY ATTORNEY’S ITEMS

106.         Executive Session 

ADJOURN