Home Search Options Contact Us

ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.

Please remember to turn all cellular phones off or to vibrate when entering the council chambers.

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

August 1, 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 18, 2005 and Information Meeting of July 20, 2005

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Citizen of the Month for August, 2005

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.

2.                  Rapid City/Box Elder Boundaries, Carolyn Haddenham, Mayor of Box Elder, SD

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

3.                  No. 05FV007 Approve with stipulations a Fence Height Exception for petitioner Stephen Mechem to allow a six foot high fence in the required 25 foot front yard setback on Lot 11, Block 7, Mallridge Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4445 Dolphin Lane.

4.                  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.

5.                  No. 05CA028 - A request by Sperlich Consulting, Inc. for Doeck, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 160 acre parcel of land from Park Forest to Low Density Residential on the SE1/4 NE1/4, E1/2 SE1/4, Section 14 and the NE1/4 NE1/4, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of Chalkstone Drive.

6.                  No. 05CA029 - A request by Sperlich Consulting, Inc. for Doeck, LLC for an Amendment to the Comprehensive Plan to revise the Major Street Plan to relocate a collector street on the E1/2 NE1/4; E1/2 SE1/4, Section 14, T2N, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of Chalkstone Drive.

7.                  No. 05CA030 - A request by Sperlich Consulting, Inc. For Doeck, LLC for an Amendment to the Comprehensive Plan to change an 8.523 acre parcel of land in the Northeast Neighborhood Future Land Use Plan from Public with an alternate land use designation of Planned Residential Development of 2.5 dwelling units per acre to Low Density Residential with a Planned Residential Development on  a portion of the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows:  Commencing at the E1/4 Corner, Section 13, T2N, R7E, common with the W1/4 Corner of Section 18, T2N, R8E, at the point of beginning; Thence, first course: Southerly, along the Township/Section line common to said Section 13, T2N, R7E, and Section 18, T2N, R8E, a distance 990 feet; Thence, second course: N37º08’48”W, a distance of 1242.01 feet, to a point on the Center ¼ section line of said Section 13, T2N, R7E; Thence, third course: Easterly, along the Center ¼ section line of said Section 13, T2N, R7E, a distance of 750 feet to the East ¼ Corner of Section 13, T2N, R7E, common with the West ¼ Corner of Section 18, T2N, R8E, and the point of beginning;, located one half mile north of the intersection of West Nike Road and Country Road.

8.                  No. 05CA031 - A request by  for an Amendment to the Comprehensive Plan to adopt the Jackson Boulevard Drainage Basin Design Plan on the SE1/4 SE1/4, Section 34; S1/2, Section 35; T2N, R7E; and W1/2, Section 2; E1/2, Section 3; all of Section 10, W1/2, Section 11; NW1/4 NW1/4, Section 14; N1/2, Section 15, E1/2, Section 19 all located in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.

9.                  Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer, and pavement along the section line and to install street light conduit and sidewalks along West Chicago Street as they abut 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. (05SV042)

10.             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.

11.             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.

12.             No. 05UR011 - An appeal of the Planning Commission's decision on a request by Jon and Debra Jensen for Black Hills Bagels to consider an application for a Conditional Use Permit to allow an on-sale liquor establishment in the General Commercial Zoning District on North 103 feet of Lots 1 and 2, Original Town of Rapid City, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 901 Mount Rushmore Road.

LEGAL & FINANCE COMMITTEE ITEMS

PUBLIC WORKS COMMITTEE ITEMS

13.             No. PW072605-17 Request clarification and direction for Saint Joseph Street (between Sixth Street and East Blvd.) Landscaping Enhancement Grant Application. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

ORDINANCES & RESOLUTIONS

14.             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 (continued from July 18, 2005 Council)

15.             No. LF071305-07 Second Reading, Ordinance No. 5077 Regarding Supplemental Appropriation No. 3 for 2005. 

16.             No. LF102704-12A2 Second Reading, Ordinance No. 4083 Regulating On-Site Wastewater Disposal and Treatment by Adding Chapter 13.09 to the Rapid City Municipal Code

17.             No. 05RZ045 – First Reading, Ordinance No. 5081, a  request by Johnny Sundby for Hay Camp Co. for a Rezoning from Medium Density Residential District to Office Commercial District on the Lot 1 of Lot H, Revised, Harter Subdivision, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2532 Canyon Lake Drive.

18.             No. 05RZ046 - First Reading, Ordinance No. 5082, a  request by Centerline, Inc. for PLM Land Development, LLC for a Rezoning from General Agriculture District to Low Density Residential District on Lots 1 through 15, Block 1; and Lot 19, Block 2, Eastridge Estates Subdivision; Lots 1 through 15, Block 2, PLM Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakotathe Commencing from the Point of Beginning, the North Quarter Corner of Section 24, T1N, R7E a rebar with cap marked “Davis #3095”, thence S00º05’52”W - 623.22’ to a point, thence N89º31’32”W - 68.00’ to a point, thence S00º04’11”W - 6.78’ to a point, thence S39º31’16”W - 15.73’ to a point, thence S00 02’20”W - 52.00’ to a point, thence S32º11’27”E - 18.62’ to a point, thence S00º02’20”W - 107.70’ to the northeast corner of Lot 18B in Block 2 of Eastridge Estates, a rebar with cap marked “RLS 3977”, thence N89º58’01”W - 100.04’ to a rebar with cap marked “RLS 3977”, thence S00º02’20”W - 298.38’ to a rebar with cap marked “RLS 3977”, thence S03 33’57”W - 19.48’ to a rebar with cap marked “RLS 3977“, thence S13º29’25”W - 37.14’ to a rebar with cap marked “RLS 3977”, thence S26º43’09”W - 37.18’ to a rebar with cap marked “RLS 3977”, thence S39º53’41”W - 37.21’ to a rebar with cap marked “RLS 3977”, thence S50º26’32”W - 22.38’ to a rebar with cap marked “RLS 3977”, thence S54º24’38”W - 133.93’ to a rebar with cap marked “RLS 3977”, thence N35º35’14”W - 98.48’ to a rebar with cap marked “RLS 3977”, thence N44º27’27”W - 245.69’ to a rebar with cap marked “RLS 3977”, thence N79º44’48”W - 240.37’ to a rebar with cap marked “RLS 3977”, thence N16º51’47”E - 1075.77’ to a point, thence S89º40’08”E - 500.00’ to the Point of Beginning. Said parcel containing 16.24 acres more or less., located adjacent to the south side of Enchanted Pines Drive and the east and west sides of Luminosity Lane.

19.             No. 05RZ047 - First Reading, Ordinance No. 5083, a  request by Buescher Frankenberg Associates for Wal-Mart Stores, Inc. for a Rezoning from General Agriculture District to General Commercial District on a portion of W1/2 of the NW1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the west 1/16th corner of Sections 26 and 35, T1N, R7E, BHM, Thence S00º00’22”W, along the west 1/16th line of Section 35, a distance of 712.71 feet to the point of beginning; Thence, first course: S00º00’22”W, along the west 1/16th line of Section 35, a distance of 629.95 feet, to the northwest 1/16th corner of Section 35; Thence, second course: S00º00’00”W, along the west 1/16th line of Section 35, a distance of 563.43 feet; Thence, third course: N83º15’19”W, a distance of 627.59 feet; Thence, fourth course: S06º44’41”W, a distance of 82.18 feet; Thence, fifth course: southwesterly, curving to the right on a curve with a radius of 182.00 feet, a delta angle of 53º16’41”, a length of 169.24 feet, a chord bearing of S33º23’02”W, and chord distance of 163.21 feet; Thence, sixth course: S60º01’22”W, a distance of 91.24 feet; Thence, seventh course: N26º24’04”W, a distance of 5.31 feet; Thence, eighth course: northwesterly, curving to the left on a curve with a radius of 581.20 feet, a delta angle of 56º52’25”, a length of 576.91 feet, a chord bearing of N56º38’32”W, and chord distance of 553.52 feet, to a point on the easterly edge of South Dakota South Highway 16 right-of-way; Thence, ninth course: N06º38’59”E, along the easterly edge of said right-of-way, a distance of 455.72 feet, to a point on the north 1/16th line of Section 35; Thence, tenth course: N06º40’09”E, along the easterly edge of said right-of-way, a distance of 753.66 feet; Thence, eleventh course: S83º15’19”E, a distance of 1134.04 feet, to the point of beginning.  Said parcel contains 1,501,498 square feet or 34.470 acres more or less., located near the intersection of S.D. South Highway 16 and Moon Meadows Road on the east side of S.D. South Highway 16.

20.             No. 05RZ020 – Second Reading, Ordinance No. 5048, a  request by Sperlich Consulting for Kensington Heights LLC for a Rezoning from Low Density Residential District to Low Density Residential - II District on  Lots 1 through 5, Block 3, Kensington Heights Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the  intersection of Davin Drive and Field View Drive.

21.             No. 05RZ042 - Second Reading, Ordinance No. 5078, 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.

22.             No. 05RZ043 - Second Reading, Ordinance No. 5079, 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

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 23-50

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 15, 2005:

23.             No. 04AN009 - A request by Dream Design International, Inc. for a Petition for Annexation on  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.

24.             No. 04AN010 - A request by Dream Design International Inc. for a Petition for Annexation on  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.

25.             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.

26.             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 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.

27.             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.

28.             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.

29.             No. 05CA018 - A request by City of Rapid City for an Amendment to the Comprehensive Plan amending the Major Street Plan by eliminating and realigning several collector and arterial roads all located in Sections 23, 24, 25, 26, 34, 35 and 36 in T1N, R7E, BHM, Pennington County, South Dakota, and Sections 19, 29, 30, 31 and 32, T1N, R8E, BHM, Pennington County, South Dakota, and Sections 1, 2, 3, 11 and 12, T1S, R7E, BHM, Pennington County, South Dakota, and Sections 5, 6, 7, 8, 17 and 18, T1S, R8E, BHM, Pennington County, South Dakota, located south of Minnesota Street, north of Spring Creek Road, east of US Highway 16 and west of SD Highway 79.

30.             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.

31.             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.

32.             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.

33.             No. 05PL072 - A request by Renner and Associates for Pete Lien and Sons for a Preliminary Plat 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, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., located at the old Dog Track on North Highway 79.

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. 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 located in 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.

37.             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.

38.             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.

39.             No. 05PL120 - A request by Peter Hendricksen for a Preliminary Plat on Lot 13AR and Lot 14AR, Block 3, Wildwood Subdivision, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13R and Lot 14R, Block 3, Wildwood Subdivision, located in the W1/2 SE1/4, E1/2 SW1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5775 and 5827 Wildwood Drive.

40.             No. 05PL121 - A request by FMG, Inc. for Harold and Judith Bies and Lyle and Audrey Petersen for a Preliminary Plat on Lots 3 through 9, Parcel A, MJK Subdivision, located in the NE1/4 SE1/4 and the SE1/4 SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Parcel A, MJK Subdivision, located in the NE1/4 SE1/4 and the SE1/4 SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Heartland Drive and adjacent to the east side of South Campbell Street.

41.             No. 05PL122 - A request by D.C. Scott Co. Land Surveyors for West River Electric for a Preliminary Plat on Lot AR, Tract 1, Paul Subdivision; Lot WR located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A, Tract 1, Paul Subdivision; Lot W located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at 3575 Reservoir Road 3383 Reservoir Road.

42.             No. 05PL123 - A request by Kadrmas for Pine Crest Village Ltd. Ptnshp. for a Preliminary Plat on Lot 2, Block 1, Pine Crest Village Addition located in the SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land lying in the SW1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, described more particularly as follows: commencing at the southeast corner of Lot 12, Block 6, of the plat of Lots 1 and 2 of Block 5, and Lot 12 of Block 6, Auburn Hills Subdivision; thence from said corner of S00º06’59”W for 100.20 feet to the point of beginning; thence from said point of beginning S86º46’09”E for 310.31 feet; thence S00º11’06”W for 285.66 feet; thence S89º53’47”W for 310.03 feet; thence N00º12’53”E for 303.71 feet to the point of beginning, said tract contains 2.097 acres, and, a tract of land lying in the SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: commencing at the southeast corner of Lot 12, Block 6, of the plat of Lots 1 and 2 of Block 5, and Lot 12 of Block 6, Auburn Hills Subdivision which is the point of beginning; thence from said point of beginning S00º06’59”W for 100.20 feet; thence S00º12’53”W for 303.71 feet; thence S00º17’45”W for 263.17 feet; thence S89º57’16”W for 311.95 feet; thence N00º11’03”E for 300.82 feet; thence along a curve to the right with a delta angle of 40º01’24”, a radius of 174.00 feet and an arc length of 121.55 feet; thence N 40º12’27”E for 137.94 feet; thence along a curve to the left with a delta angle of 40º01’48”, a radius of 226.00 feet and an arc length of 157.90 feet; thence N00º10’4”E for 3.16 feet; thence N89º41’05”E for 130.11 feet to the point of beginning, said tract contains 3.975 acres, located at the southern terminus of Chalkstone Drive.

43.             No. 05PL124 - A request by Sperlich Consulting for Triple Z Real Estate Development LLP for a Preliminary Plat on Lots 4 through 12, Block 11, Lots 1 through 4, Block 13, located in the NE1/4, SE1/4, Elks Country Estates, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1, E1/2, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of LaCosta Drive.

44.             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.

45.             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; SW1/4 SE1/4 SE1/4, all located in Section 25, T2N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Sunridge Road.

46.             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 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, 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.

47.             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.

48.             No. 05SV045 - A request by Centerline for PLM Land Development, LLC for a Variance to the Subdivision Regulations to install curb, gutter, sidewalk, street light conduit, sewer, water and to reduce easement width from 49 feet to 26 feet and to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 15, Block 1 and Lot 19, Block 2; Eastridge Estates Subdivision; Lots 1 through 15, Block 2, PLM Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the N1/2 NW1/4, Less Eastridge Estates Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the south side of Enchanted Pines Drive and the east and west sides of Luminosity Lane.

49.             No. 05SV046 - A request by Peter Hendricksen for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidwalk, street light conduit, sewer and water on Wildwood Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lot 13AR and Lot 14AR, Block 3, Wildwood Subdivision, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13R and Lot 14R, Block 3, Wildwood Subdivision, located in the W1/2 SE1/4, E1/2 SW1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5775 and 5827 Wildwood Drive.

50.             No. 05SV047 - A request by D.C. Scott Co. Land Surveyors for West River Electric for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot AR, Tract 1, Paul Subdivision; Lot WR located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A, Tract 1, Paul Subdivision; Lot W located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at 3383 and 3575 Reservoir Road.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 51-96

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 (None)

Public Works Committee Consent Items

51.             No. PW062805-12 Acknowledge Solid Waste Operations Report

52.             No. PW072605-18 Acknowledge Rate Study Report

53.             No. PW072605-03 Acknowledge Consultant Pre-selection Committee Report

54.             No. PW072605-04 Approve staff recommendation to convert the intersection of Centre Street and LaCrosse Street to a four-way stop.

55.             No. PW072605-05 Acknowledge Proposed Disk Drive Sidewalk Project Report

56.             Declare an emergency at the intersection of East Saint Joseph Street and East Saint Patrick Street and direct staff to obtain quotes to repair the street at this intersection, as well as ruts on Saint Patrick Street to the west. 

57.             No. PW072605-06 Approve Change Order No. 1F for Tower Road Reconstruction Project No. ST04-1371 to Simon Contractors for an increase of $14,184.50.

58.             No. PW072605-07 Approve Change Order No. 1F for City-School Administration Center Sidewalk Reconstruction Project No. IDP05-1460 to Lost Cabin – Lipp Construction LLC for an increase of $119.51. 

59.             No. PW072605-08 Approve Change Order No. 1F for Fifth Street Panel Repairs, Project No. STCM05-1466 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $938.40. 

60.             No. PW072605-09 Approve Change Order No. 1 for East Mall Drive Extension Project No. ST03-1334 to Heavy Constructors for an increase of $2,343.99. 

61.             No. PW072605-10 Approve Change Order No. 1F for Downtown Alley Resurfacing Project No. ST05-1445; CIP #50379 to Simon Contractors for a decrease of $4,455.34. 

62.             No. PW072605-11 Approve Change Order No. 1F for Texas Street Area Mill and Overlays Project No. ST04-1083 to Simon Contractors for a decrease of $39,081.29. 

63.             No. PW072605-12 Authorize staff to advertise for bids for Metering and Backflow Prevention of City Facilities, Project No. W05-1490; CIP #50304. 

64.             No. PW072605-13 Authorize staff to advertise for bids for Miscellaneous Improvements Project No. MIP05-1479; CIP #50298 and 50599. 

65.             No. PW072605-14 Authorize Mayor and Finance Officer to sign Amendment No. 1 to a Professional Services with American Engineering Testing, Inc. for 2005 Environmental Testing – Solid Waste for an amount not to exceed $58,049.74. 

66.             No. PW072605-15 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Lund Associates for design services of the Water Treatment Plant Roof Replacement, Project No. W05-1525; CIP #50369 for an amount not to exceed $5,550.00. 

67.             No. PW072605-18 Authorize the installation of public purpose signs at three locations within the park identifying Memorial Park Improvements. 

68.             No. PW072605-18A Approve the draft report of the Rapid City Area Long Range Transportation Plan Update. 

69.             No. 05VE008 Approve a Vacation of Private Utility Easement for petitioner Ronald and Lois Ward on Lot 35, Ridge Park No. 4, NW1/4 NE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the southwest corner of the intersection of Saint Patrick Street and 11th Street. 

Legal & Finance Committee Consent Items

70.             No. LF072705-01 Approve appointment of Bob Riggio and Bill Waugh to the Air Quality Board for a three year term. 

71.             No. LF072705-15 Authorize Mayor and Finance Officer to sign Sub-Grantee Agreement with Rapid City Economic Development Foundation, Inc. 

72.             Direct the Code Enforcement staff to spend an average of two hours per week per officer for proactive enforcement of code enforcement issues. 

73.             No. LF072705-02 Acknowledge Capital Improvements Program Committee monthly update. 

74.             No. LF072705-03 Approve 2005 Capital Plan for Streets, Drainage and MIP Projects. 

75.             Approve recommendation that $15,000 be allocated from CIP Contingency for the Visitor Information Center Sidewalk and Patio Replacement Project; and a $15,000 Match from the Visitor Information Center Trust Fund; and an Agreement that the VIC Would Build the Trust Fund Back to $25,000. 

76.             No. LF072705-04 Approve Change Order No. A03 for Pennington County Courthouse Complex - Public Safety Building to RCS Construction, Inc. for an increase of $72,597.50. 

77.             No. LF072705-04A Approve Change Order No. C01 for Pennington County Courthouse Complex - Parking Structure to RCS Construction, Inc. for an increase of $164,787. 

78.             No. LF072705-05 Approve an Amended Travel Request for Joe Tjaden,, Rich Brodrick, and Kevin Hansen to attend Advanced Haz-Mat Technician Courts in Pueblo, CO, October 16-21, 2005, in the approximate amount of $5,806.26. 

79.             No. LF072705-06 Approve a Travel Request for Jeff Larus and Mark Brodrick to attend the Commercial & Industrial Power Systems: A Seminar for Engineers on Overcurrent Protection in St. Louis, MO, December 7-9, 2005, in the approximate amount of $2,791.00. 

80.             No. LF072705-07 Authorize Mayor and Finance Officer to sign the quote for the purchase of ArcView Maintenance Software in the amount of $47,620.46 for the purpose of providing current software to the GIS ArcView users. 

81.             No. LF072705-08 Approve a Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup. 

82.             No. LF072705-09 Authorize staff to Solicit Requests for Proposals regarding advertising at the following facilities:  Rapid City Swim Center, Roosevelt Ice Arena, Executive Golf Course, and Meadowbrook Golf Course (including golf cart fleet). 

83.             No. LF072705-10 Authorize Director of Parks and Recreation to sign Professional Services Contract (Instructors). 

84.             No. LF072705-14 Approve a Travel Request for Parks and Recreation Director Jerry Cole and Parks Division Manager Lon VanDeusen to attend the National Recreation & Parks Association 2005 Congress and Expositionin San Antonio, TX October 18-22, 2005, at an approximate cost of $4,232. 

85.             No. LF072705-11 Approve a Raffle Request from Zonta Club of the Black Hills to hold a raffle on October 6, 2005. 

86.             No. LF072705-12 Approve a Raffle Request from The Rapid City Arts Council to hold a raffle on September 17, 2005. 

87.             No. LF072705-13 Approve a request by Scott Martin for an Ice Cream Vendor’s License for 2005. 

88.             Approve the following licenses:  Residential Contractor:  Chino Caekaert, A to Z Maintenance; and Clint Van Zanten,  Black Hills Construction Services; Electrical Apprentice:  Bryan Charging Cloud, Benjamin K. Marshall, and Cory S. Drake; Electrical Journeyman:  Douglas L. Barlean and Patrick Glasford; Electrical Contractor and Master:  Todd Schoenberner, Schoenberner Electric; Plumbing Apprentice:  Dustin J. Christensen, Justine Lee Stiefvater, Keith Moad, Steve D. Moad, Nicole C. Price, Casey Monson, Daniel R. Tribby, and Seth Walker; Plumbing Plumber:  Tim Nayman, Paul J. Ortiz, Manuel J. Swan II, Solomon Montano, and Jerry L. Duke; Plumbing Contractor:  Dave Kerr, H2O Plumbing; and Grover Johnson, Pettus Plumbing & Piping Inc.; Trenching Journeyman:  Percy Lone Elk. 

Growth Management Department Consent Items

89.             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.

90.             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.

91.             No. 05AN008 - A request by H-H Ranch, LLC for a Petition for Annexation on  a portion of the E1/2 E1/2, more particularly described as follows: a 33 foot wide strip of land adjacent to the easterly boundary of the N1/2 SE1/4 SE1/4, the NE1/4 SE1/4 and the SE1/4 NE1/4, all located in Section 14, T2N, R7E, BHM, Pennington County, South Dakota, located at the western terminus of Auburn Drive.

92.             No. 05AN009 - A request by Dream Design International for a Petition for Annexation on Lot 1, Mailloux Subdivision, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, located at 1030 Country Road.

93.             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.

94.             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.

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

96.             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.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings (None)

Set for Hearing (August 15, 2005)

Package (Off-Sale) Liquor License

97.             Hogg Restaurant Service dba HRS Food Service, 2501 West Chicago Street for a Package (Off-Sale) Liquor License

Special Beer and Wine License

98.             Rapid City Arts Council, Inc. dba Dahl Arts Center, 713 7th Street for a Special Beer and Wine License for an event scheduled August 20, 2005

99.             Rapid City Arts Council, Inc. dba Dahl Arts Center, 713 7th Street for a Special Beer and Wine License for an event scheduled September 8, 2005

100.         Rapid City Arts Council, Inc. dba Dahl Arts Center, 713 7th Street for a Special Beer and Wine License for an event scheduled October 13, 2005

ITEMS FROM THE MAYOR

101.         2012 Report

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

102.         Copperfield Utility Rates, Aldermen Kooiker, Hadcock

FINANCE OFFICER’S ITEMS

BID AWARDS

103.         No. CC080105-01 Fifth Street Panel Repairs Project No. STC05-1466 / CIP No. 50336 (opened July 27, 2005)

104.         No. CC080105-01 Rapid City Public Library Reroof Project No.  IDP05-1516 / CIP No. 50098 (opened July 27, 2005)

105.         No. CC080105-01 Tennis Courts Surfacing Project No.  PR05-1523 / CIP No. 50538 (opened July 27, 2005)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

106.         No. CC080105-02 Bill List for August 1, 2005

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

ADJOURN