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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

September 19, 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 September 6, 2005

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for September 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.

3.                  Ordinance Amendment to Chapter 5.12, Alcoholic Beverages as it relates to Special Malt Beverage and Wine Licenses for special events, Chamber of Commerce and Convention and Visitors Bureau – Michelle Lintz

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

4.                  No. PW071205-07rev Revised Resolution of Necessity for Sixth Street and Hillcrest Drive Water Main Extension Project No. W05-1521

5.                  No. LF083105-21 Approve Intent to enter into a Lease of Land at Meadowbrook and Executive Golf Courses with Sandy Thornburg and Ron Stevens dba Meadowbrook Grill & Pub, Pursuant to SDCL 9-12-5.2.

6.                  No. 05CA034 - A request by Mark and Sandra Armstrong d/b/a Sand Mark II, LLC for an Amendment to the Comprehensive Plan to change the future land use designation from Residential to Light Industrial on Lot I of Tract A of Schlottman Addition, located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2302 East Saint Andrew Street.

7.                  No. 05FV009 - A request by City of Rapid City for a Fence Height Exception to allow a six foot high chain link fence within the required 25 foot front yard setback on Lot 1a, Lakewood #1 and Lots 5 and 6, Jackson Park, all located in Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Guest Road and Red Rock Canyon Road.

8.                  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.

9.             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.

LEGAL & FINANCE COMMITTEE ITEMS

10.             No. CC090605-04 Approve $233,500 from CIP Contingency Fund and $35,000 from funds earmarked for irrigation projects to fund the City’s portion to purchase bleachers.

11.             No.  LF083105-01 Patriot Act Resolution, Peace and Justice & Democracy in Action

12.             No. LF091405-13 Access easement from Southeast Connector to the end of Willowbend Road

13.             No. LF091405-07 Shared parking agreement, Jackson Park, LLC

PUBLIC WORKS COMMITTEE ITEMS

14.             No. PW091305-12 Clarification of appeals process of the 11-6-19 review of the Adams Street Correctional Facility, Alderman Schumacher

15.             No. PW091305-07 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with HKM Engineering, Inc. for design services for the Elm Avenue Watermain Rehabilitation Project, Project No. W05-1517 for an amount not to exceed $98,340.00

16.             No. PW091305-08 Authorize Mayor and Finance Officer to sign Amendment No. 1 of a Professional Services Agreement with TSP Three, Inc. for design and construction services for the Chapel Lane Bridge Widening Project No. ST04-1359; CIP #50016 for an increase of $22,933.50.

GROWTH MANAGEMENT DEPARTMENT ITEMS

ORDINANCES & RESOLUTIONS

17.             No. LF083105-16 Second Reading, Ordinance No. 5087 Regarding 2006 Appropriation Ordinance with the changes outlined by the Finance Office.

18.             No. LF083105-17 Second Reading, Ordinance No. 5088 To Amend the Retail Occupational Sales and Service Tax Imposed Rates by Amending Section 3.16.010 of the Rapid City Municipal Code and to Declare an Emergency. 

19.             No. LF083105-10 Second Reading, Ordinance No. 5089 Amending Chapter 8.40 of the Rapid City Municipal Code Pertaining to Emission Standards by Amending Section 8.40.010 and Adding Section 8.40.020. 

20.             No. LF083105-11 Second Reading, Ordinance No. 5090 Amending Section 8.34.030 of the Rapid City Municipal Code Pertaining to Definitions. 

21.             No. LF083105-12 Second Reading, Ordinance No. 5091 Amending Section 8.38.040 of the Rapid City Municipal Code Pertaining to Exempt Activities. 

22.             No. 05RZ052 First Reading, Ordinance No. 5094, a request by Thomas L. Collins for a Rezoning from Medium Density Residential District to Office Commercial District on the south 237 feet of Lot 5, Harter Tract, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2326 Canyon Lake Drive.

23.             No. 05RZ050 Second Reading, Ordinance No. 5092, a request by Mark and Sandra Armstrong d/b/a Sand Mark II, LLC for a Rezoning from General Commercial District to Light Industrial District on Lot I of Tract A of Schlottman Addition, located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2302 East Saint Andrew Street.

24.             No. 05RZ051 Second Reading, Ordinance No. 5093, a request by City of Rapid City for a Rezoning from Park Forest District to Office Commercial District on property described by metes and bounds beginning 1819.80 feet at a bearing S89º27’23”E from the SW corner of the NW1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, this is the point of beginning. Thence travel 466.23 feet at a bearing N45º19’1”E, Thence travel 210.28 feet at a bearing N54º45’23”E, Thence travel 48.86 feet at a bearing S15º57’26”W, Thence travel 406.85 feet at a bearing S0º46’13”W, Thence travel 484.35 feet at a bearing N89º27’22”W to the point of beginning, located adjacent to the west side of U.S. Highway 16 and north of Tower Road.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 25-49

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 October 3, 2005:

25.             No. 05CA019 - A request by Marty Jacob for MBJ Company, Inc. for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Area Future Land Use Plan to change the future land use designation on a 1.58 acre parcel of land from Medium Density Residential to Light Industrial on Lots 1 thru 8 inclusive and Lots 21 thru 28 inclusive in Block 7 and Lots 1 thru 7 inclusive in Block 12; all located in Northside Addition, NW1/4 Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 826 East Monroe Street.

26.             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.

27.             No. 05FV008 - A request by Wendel Ptratz of ProGroup, Inc. for Jim Keohler of JPK Hospitality for a Fence Height Exception to allow a six foot high fence 266 feet long to be placed on the property line between Interstate 90 and the subject property on Tract D, Marshall Heights Subdivision No. 2, located in SW1/4 of NE1/4; SE1/4 of NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 625 East Disk Drive.

28.             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.

29.             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.

30.             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.

31.             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.

32.             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.

33.             No. 05PL135 - A request by Dream Design International for a Preliminary Plat on Lots 1 through 6, Block 19; Lots 1 through 6, Block 20; Lots 1 through 39, Block 21; Lots 1 through 8, Block 22  and dedicated public right-of-way, located in the NE1/4 SE1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the NE1/4 N1/2 SE1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of Muirfield Drive and Dunsmore Road.

34.             No. 05PL154 - A request by FMG, Inc. for Timothy Van Liere for a Preliminary Plat on Lot A, Lot 1; Lot B, Lot 1, Block 8, Canyon Lake Heights Subdivision, located in the SE1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 8, Canyon Lake Heights Subdivision, located in the SE1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3104 Iris Drive.

35.             No. 05PL155 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Preliminary Plat on Lots 4, 5 and 7 through 20, Block 1; Lots 1 through 13, Block 2; Lots 2 through 9, Block 3; located in the N1/2 NW1/4 NW1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of Government Lot 1, located in the N1/2 NW1/4 NW1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of East Catron Boulevard and Fifth Street.

36.             No. 05PL156 - A request by Kadrmas, Lee and Jackson for Edgewood Estates, Ltd. Partnership for a Preliminary Plat on Lot 1, Block 1, Edgewood Estates Addition, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as 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 1, Block 5, of the plat of Auburn Hills Subdivision; which is the point of beginning, Thence S00º10’40”W for 3.16 feet; Thence along a curve to the right with a delta angle of 40º01’48”, a radius of 174.00 feet and an arc length of 121.57 feet; Thence S40º12’27”W for 137.94 feet; Thence along a curve to the left with a delta angle of 40º01’24”, a radius of 226.00 feet and an arc length of 157.87 feet; Thence S00º11’12”W for 301.03 feet; Thence S89º57’18”W for 453.00 feet; Thence N00º11’33”E for 525.90 feet; Thence S90º00’00”W for 92.67 feet; Thence N00º17’45”E for 137.35 feet; Thence N89º43’49”E for 727.74 feet to said point of beginning.  Said tract contains 345,863 square feet or 7.94 acres., located at 4500 Chalkstone Drive.

37.             No. 05PL157 - A request by Britton Engineering & Land Surveying for Prairiefire Investments, LLC for a Preliminary Plat on Lots 1 and 2, Block 4, Prairiefire Subdivision, located in NE1/4, Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 NE1/4, less the Eisenbraun Subdivision, Winton Subdivision and less the E54.4' for Anderson Road Right-of-Way, all located in the NE1/4, Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Mondo Street.

38.             No. 05RZ029 - A request by Marty Jacob for MBJ Company, Inc. for a Rezoning from Medium Density Residential District to Light Industrial District on Lots 1 thru 8 inclusive and Lots 21 thru 28 inclusive in Block 7 and Lots 1 thru 7 inclusive in Block 12; all located in Northside Addition, NW1/4 Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 826 East Monroe Street.

39.             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.

40.             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 Chapter 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.

41.             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.

42.             No. 05SV049 - A request by Alliance of Architects for Leon Brodie 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 gutter, street light conduit, sidewalk on both sides of the street, sewer, water and reduce pavement width along Baron Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 12, Well Lot and dedicated Baron Street Right-of-Way, Kostelecky Subdivision, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 6, Tract A, Knight's Acres Subdivision, located in the N1/2 SE1/4 NE1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located at 3725 Anderson Road.

43.             No. 05SV056 - A request by Centerline for DJS Holdings, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1A and 1B of Lot M, Burson Subdivision, located in the E1/2, Section 19, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 1 of Lot M, Burson Subdivision, located in the E1/2, Section 19, T1N, R8E, BHM, Pennington County, South Dakota, located at 3788 East Highway 44.

44.             No. 05SV057 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the installation of curb, gutter, sidewalk, streetlight conduit, water and sewer at Countryside Boulevard and to waive the installation of curb, gutter, sidewalk, streetlight conduit, sewer and pavement along the common access easement and to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Tracts A, B and C, Falcon Crest Subdivision, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the E1/2 W1/2 SW1/4 SW1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of Countryside Boulevard.

45.             No. 05SV058 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit and sidewalk along U.S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1, Shipman Heights Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of NE1/4 NW1/4 NW1/4, lying east of Highway 16; W1/2 NW1/4 NE1/4 NW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of U.S. Highway 16 and Tucker Street.

46.             No. 05SV060 - A request by Britton Engineering & Land Surveying for Prairiefire Investments, LLC for a Variance to the Subdivision Regulations to waive the requirement to install sewer, curb, gutter, sidewalk, streetlight conduit; and dedicate additional right-of-way; and allow platting one half of a right-of-way on Lots 1 and 2, Block 4, Prairiefire Subdivision, located in NE1/4, Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 NE1/4, less the Eisenbraun Subdivision, Winton Subdivision and less the E54.4' for Anderson Road Right-of-Way, all located in the NE1/4, Section 26, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Mondo Street.

Continue the following items until October 17, 2005:

47.             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.

Continue the following items until November 7, 2005:

48.             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.

49.             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 – 50-84

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 (October 17, 2005)

50.             No. 05VR011 - A request by E. Dallas Wasserburger for Mountain Shadows Townhome Owners Association, Inc. for a Vacation of Right-of-Way on a portion of the Chancery Lane Public Right-of-Way as shown on the Plat of Lots A and B of Block 1, Lots 1-10 of Block 2, and Tract A, all in Mountain Shadows Subdivision, locate din the SW1/4 SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Sheridan Lake Road and Chancery Lane.

Public Works Committee Consent Items

51.             Acknowledge report on the sewer line in the 500 Block of East Monroe Street

52.             No. PW091305-01 Approve the Informal Quote for Project ST05-1272 Block 26 Alley Paving (N. Rapid Addition) to Simon Contractors of South Dakota, Incorporated in the amount of $21,221.00.

53.             No. PW091305-02 Approve Informal Quote for Saint Patrick Street and Saint Joseph Street Intersection Emergency Repairs; Project No. ST05-1527 to Simon Contractors of South Dakota, Incorporated in the amount of $58,067.15.

54.             No. PW091305-03 Approve Change Order No. 1F for the 2005 Street Marking Contract, Project No. PM05-1463; CIP No. 50593 to Dakota Traffic Services, LLC for a decrease of $1,071.97.

55.             No. PW091305-04 Authorize staff to advertise for bids for the Block 8 Alley Paving, West Boulevard Addition Project No. ST03-1330; CIP #50595.

56.             No. PW091305-05 Authorize staff to advertise for bids for the Water Treatment Plant Roof Replacement Project No. WTP05-1525; CIP #50369.

57.             No. PW091305-06 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with ASCG Incorporated of Colorado for Water Reclamation Facility Expansion Two Year Warranty Inspection, Project No. WRF02-1174A for an amount not to exceed $9,600.00.

58.             No. PW091305-09 Approve a Resolution fixing time and place for hearing on October 17, 2005 for Assessment Roll for Heidiway Lane Sanitary Sewer Extension Project No. SS01-1061.

59.             No. PW091305-10 Approve a Resolution for Supplemental Tap Fees as part of Heidiway Lane Sanitary Sewer Extension Project No. SS01-1061.

60.             No. PW091305-11 Authorize Mayor to submit a letter requesting release of Federal Highway Funds for the East Anamosa Street Extension.

61.             No. 05RD003 Approve a Road Name Change of the south end of Elk Vale Road to Lancer Drive for petitioner City of Rapid City on a portion of Tract D, located in NE1/4 NW1/4 Section 9; and Tract A, located in the SE1/4 SW1/4 Section 4; and the NE1/4 NW1/4, Section 9, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as Elk Vale Road between Turbine Drive and East Highway 44.

62.             No. 05VE017 Deny a Vacation of Non-access Easement for petitioner Greg Wierenga, CETEC Engineering Services, Inc. for Pam Murray on Lot 6, Block 2, Skyline Drive Subdivision, SW1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1525 Pevans Parkway.

Legal & Finance Committee Consent Items

63.             Authorize Rapid City Jaycees to make application to sell beer at the Ice Arena in November at the Men’s Hockey Tournament.

64.             No. LF091405-01 Approve Travel Request for the South Dakota Municipal League Conference in Sioux Falls, SD, October 4-7, 2005, in the approximate amount of $6,717 with the additions of Brad Solon and Bill Charles.

65.             Approve a 30-day stay on the demolition of 1029 East St. Francis Street.

66.             No. LF091405-14 Authorize Mayor and Finance Officer to sign Memorandum of Understanding between the State of South Dakota, Meade County, Pennington County, City of Box Elder, Rapid City, and Black Hills Vision for the Formation of a Moving Forward with Ellsworth Steering Committee.

67.             No. LF091405-09 Approve Travel Request for Jennifer Irwin, Greta Chapman, Terri Davis, Chris Getz, Jared Likness, Kim Baumberger, and MaryAnne Rohrer to attend the Annual State Library Conference in Pierre, SD, October 5-7, 2005, in the approximate amount of $2,261.20.

68.             No. LF091405-02 Approve Travel Request for Annual Police Department Meeting at the Civic Center, January 11-13, 2006, in the approximate amount of $500.

69.             No. LF091405-03 Authorize Mayor and Finance Officer to sign Federal Equitable Sharing Agreement.

70.             No. LF091405-12 Request the City Attorney’s office to prepare an ordinance amendment allowing for Planning Commission alternates.

71.             No. LF091405-15 Authorize Mayor and Finance Officer to sign Contract with the Department of Environment and Natural Resources for the Air Quality Program.

72.             No. LF091405-04 Authorize Mayor and Finance Officer to sign Plan Amendment No. 25 to the City of Rapid City Healthcare Plan.

73.             No. LF091405-05 Authorize Mayor and Finance Officer to sign Plan Amendment No. 26 to the City of Rapid City Healthcare Plan.

74.             No. LF091405-10 Approve utilizing $3,000 from Council Contingency to fund publishing audio files on the City’s website.

75.             Approve charging $15 for reproduction of audio recordings of meetings.

76.             Authorize staff to advertise for a Janitorial Services Contract at the Milo Barber Transportation Center.

77.             No. LF091405-06 Authorize Mayor and Finance Officer to sign Agreement with Rapid City Racers Swim Club, Inc.

78.             No. LF091405-08 Approve Raffle Request for South Dakota Ducks Unlimited to hold raffle on September 24, 2005.

Growth Management Department Consent Items

79.             No. 05AN010 - A request by Stephen and Elizabeth McCarthy for a Petition for Annexation on Lot 1, Tract K-1, Canyon Park Estates, Section 18, T1N, R7E, BHM, Pennington County, South Dakota, located at 5740 West Highway 44.

80.             No. 05AN012 - A request by Sperlich Consulting, Inc. for Walter and Sandra Bebout for a Petition for Annexation on the west 33 feet of Tract 5, Sletten Addition, located in the W1/2 NW1/4 SW1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, located north and west of West Nike Road.

81.             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.

82.             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.

83.             No. 05PL151 - A request by Dream Design International, Inc. for a Layout Plat on Tracts A, B and C, Falcon Crest Subdivision, E1/2 W1/2 SW1/4 SW1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the E1/2 W1/2 SW1/4 SW1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of Countryside Boulevard.

84.             No. 05PL152 - A request by Dream Design International, Inc. for a Layout Plat on Lot 1, Shipman Heights Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of NE1/4 NW1/4 NW1/4, lying east of Highway 16; W1/2 NW1/4 NE1/4 NW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of U.S. Highway 16 and Tucker Street.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

Retail (On Sale) Liquor License

85.             Kurylas, Inc. dba Imperial Inn, 100 Saint Joseph Street for a Retail (On Sale) Liquor License, Sunday On-Sale Operation

Special Malt Beverage and Wine License

86.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on October 14, 2005 at Dahl Arts Center, 713 7th Street

87.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on November 12, 2005 at Dahl Arts Center, 713 7th Street

88.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on December 8, 2005 at Dahl Arts Center, 713 7th Street

89.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on January 14, 2006 at Dahl Arts Center, 713 7th Street

90.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on February 24 & 25, 2006 at Dahl Arts Center, 713 7th Street

Set for Hearing (October 3, 2005)

Special Malt Beverage and Wine License

91.             Rapid City Area Chamber of Commerce for a Special Malt Beverage and Wine License for use on October 11, 2005 at Evans Orthodontic Specialists, 817 9th Street

Retail (On-Sale) Wine License

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

Retail (On-Off Sale) Malt Beverage License

93.             Hanna Khoury dba Khoury’s Mediterranean Cuisine, 2520 West Main Street for a Retail On-Off Sale Malt Beverage License

ITEMS FROM THE MAYOR

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

FINANCE OFFICER’S ITEMS

BID AWARDS

94.             No. CC091905-01 Generator Equipment Procurement for Well #12, Stoney Creek Booster Station Project No.  W03-953.E1 / CIP No. 50318 (opened September 14, 2005)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

95.             No. CC091905-02 Bill List for September 19, 2005

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

ADDENDUM 

CONTINUED ITEMS CONSENT CALENDAR 

Continue the following items until October 3, 2005: 

43.A.   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, and sewer along School Drive and to waive the requirement to install curb, gutter, sidewalk and street light conduit along S.D. Highway 44 as they abut Lot 1 of Lot M. Burson Subdivision, located in the E1/2, Section 19, T1N, R8E, BHM, Pennington County, South Dakota. (05SV056) 

46.A.   Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along Crocus Lane and Iris Boulevard as they abut Lot 1, Block 8, Canyon Lake Heights Subdivision, located in the SE1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. (05SV059) 

46.B.   No. 05SV059 - A request by FMG, Inc. for Timothy Van Liere to consider an application for a Variance to the Subdivision Regulations to waive the requirement to construct sidewalks on Crocus Lane and Iris Boulevard on Lot A, Lot 1; Lot B, Lot 1; Block 8, Canyon Lake Heights Subdivision, located in the SE1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 8, Canyon Lake Heights Subdivision, located in the SE1/4 SW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 3104 Iris Drive.

ADJOURN