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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

October 3, 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 19, 2005

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Citizen for the Month, October 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.

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

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

3.                  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.

4.                  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.

5.                  No. 05FV010 - A request by CETEC Engineering Services, Inc. for the City of Rapid City for a Fence Height Exception to allow fence height greater than four feet in front yard setback on the NE1/4 NW1/4, Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located south side of Country Road, 1/2 mile east of intersection of Country Road and West Nike Road.

6.                  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.

7.                  No. 05SV063 - A request by CETEC Engineering Services, Inc. for Olsen Development Company, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, pavement, sewer and water; to waive the requirement to dedicate right-of-way; and to waive the requirement that each lot shall be provided with access from a public street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 5A, 5B and 5C, Overlook Subdivision, located in the SW1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 5, Overlook Subdivision, located in the SW1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Clark Street.

8.                  No. 05VR009 - A request by ARC International, Inc. for First Western Properties, LLC for a Vacation of Right-of-Way on a ten foot wide strip of the Eleventh Street right-of-way located adjacent to Lot 1, Block 3; Lot 26, Block 3; and Tract A, Block 4, Riverside Addition, all located in SE1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the east and west sides of Eleventh Street between Omaha Street and Rapid Street.

LEGAL & FINANCE COMMITTEE ITEMS

9.                  No. LF083105-05 Request the Mayor’s Committee on Disabilities to narrow down the list of recommendations to publish Request for Proposals for ADA Accessibility Study; and bring the list forward to a future Legal and Finance Committee meeting for further action. 

PUBLIC WORKS COMMITTEE ITEMS

10.             No. PW092705-05 Rapid City Landfill Litter Control Plan.

GROWTH MANAGEMENT DEPARTMENT ITEMS

11.             No. 05CA035 - A request by Thomas L. Collins for an Amendment to the Comprehensive Plan to change the Future Land Use Designation on an approximately .470 acre parcel from Residential to Office Commercial with a Planned Commercial Development Designation 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.

12.             No. 05RZ052 - 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.

ORDINANCES & RESOLUTIONS

13.             No. LF092805-10 First Reading, Ordinance No. 5095 Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code. 

14.             No. LF092805-11 First Reading, Ordinance No. 5096 Allowing the Appointment of Alternate Members to the Rapid City Planning Commission by Amending Section 2.60.020 and Section 2.60.030 of the Rapid City Municipal Code. 

15.             No. 05OA006 First Reading, Ordinance No. 5097 Allowing Wireless Communication Facilities in Certain Zoning Districts by Amending Sections 17.12.030, 17.14.030, 17.16.020, 17.16.030, 17.18.020, 17.18.030, 17.20.030, 17.22.020, 17.22.030, 17.24.020, 17.24.030, 17.30.030, 17.32.030, 17.34.020, 17.34.030, 17.36.020, 17.36.040, 17.40.030, 17.42.025, 17.46.020, 17.46.030, 17.48.020, 17.48.030, 17.56.020, 17.56.030 of the Rapid City Municipal Code. 

16.             No. 05OA007 First Reading, Ordinance No. 5098 Revising the Definition of Microcell Wireless Communication Facilities by Amending Section 17.04.483 of the Rapid City Municipal Code. 

17.             No. 05OA008 First Reading, Ordinance No. 5099 Establishing Standards for "Microcell" Wireless Communication Facilities by Adding Section 17.50.400 of the Rapid City Municipal Code. 

18.             No. 05OA009 First Reading, Ordinance No. 5100 Defining "Microcell" Wireless Communication Antenna by Adding Section 17.04.484 of the Rapid City Municipal Code. 

19.             No. LF092805-01 First Reading, Ordinance No. 5101 Granting to Montana-Dakota Utilities Co., a Division of MDU Resources Group, Inc., a Corporation, Its Successors and Assigns, the Franchise and Right to Construct, Maintain and Operate Within and Upon, In and Under the Streets, Alleys and Public Grounds of the City of Rapid City a Gas Distribution System for Transmitting and Distributing Natural or Manufactured Gas, or a Mixture of Both, for Public and Private Use. 

20.             No. 05RZ053 First Reading, Ordinance No. 5102, a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on the NE1/4 NW1/4, Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the south side of Country Road and east of West Nike Road.

21.             No. 05RZ029 Second Reading, Ordinance No. 5058, 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.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 22-45

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 17, 2005:

22.             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.

23.             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.

24.             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.

25.             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.

26.             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 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.

27.             No. 05PL161 - A request by Sperlich Consulting, Inc. for Kelly Construction for a Preliminary Plat on Sewer Lot 1 and Lots 2 through 8, Block 1; Lots 1 through 10, Block 2; Lots 1 through 8, Block 3; Reservoir Lot, and Well Lot 1 through Well Lot 3, and dedicated right-of-way of Sawmill Road, Sienna Meadows, and Ironwood Ridge, Sheridan Lake Highlands, all located in Sections 34 and 35, T1N, R6E, and Section 2, T1S, R6E, BHM, Pennington County, South Dakota, legally described as a portion of Tract B, Boland Placer M.S.1252, located in the SW1/4 SW1/4, Section 35; less Lot H-1 of the S1/2 SW1/4, Section 35; and the SE1/4 SE1/4, Section 34; less Lots 1 through 4, SE1/4 SE1/4; located in the SW1/4 SW1/4, Section 35, T1N, R6E, BHM, and in the SE1/4 SE1/4, Section 34, T1N, R6E, BHM, and in Government Lots 2 through 4, Section 2, T1S, R6E, BHM, Pennington County, South Dakota, located in the northwest corner of the intersection of Sawmill Road and Sheridan Lake Road.

28.             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.

29.             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 the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to West Nike Road.

30.             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.

31.             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 the  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.

32.             No. 05SV062 - A request by Sperlich Consulting, Inc. for Kelly Construction for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and sewer along interior streets; to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and pavement along Sawmill Road; and to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water along Sheridan Lake Road as per Chapter 16.16 of the Rapid City Municipal Code on Sewer Lot 1 and Lots 2 through 8, Block 1; Lots 1 through 10, Block 2; Lots 1 through 8, Block 3; Reservoir Lot, and Well Lot 1 through Well Lot 3, and dedicated right-of-way of Sawmill Road, Sienna Meadows, and Ironwood Ridge, Sheridan Lake Highlands, all located in Sections 34 and 35, T1N, R6E, and Section 2, T1S, R6E, BHM, Pennington County, South Dakota, legally described as Tract B, Boland Placer M.S.1252, located in the SW1/4 SW1/4, Section 35; less Lot H-1 of the S1/2 SW1/4, Section 35; and the SE1/4 SE1/4, Section 34; less Lots 1 through 4, SE1/4 SE1/4; located in the SW1/4 SW1/4, Section 35, T1N, R6E, BHM, and in the SE1/4 SE1/4, Section 34, T1N, R6E, BHM, and in Government Lots 2 through 4, Section 2, T1S, R6E, BHM, Pennington County, South Dakota, located in the northwest corner of the intersection of Sawmill Road and Sheridan Lake Road.

Continue the following items until November 7, 2005:

33.             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.

34.             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.

35.             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.

36.             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.

37.             No. 04PL185 - A request by Black Hills Surveying for a Preliminary Plat on Lots 4 and 5 of Owen Hibbard Subdivision, all located in the W1/2 SW1/4, Section 23, T1N, R7E, BHM, Rapid City Pennington County, South Dakota, legally described as the unplatted portion of Tract A of Tract 1, all located in the W1/2 SW1/4, Section 23, T1N, R7E, BHM, Rapid City Pennington County, South Dakota, located at the intersection of Promise Road and Golden Eagle Drive.

38.             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.

39.             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.

40.             No. 05PL129 - A request by Buescher Frankenberg Associates, Inc. for Wal-Mart Stores, Inc. for a Layout Plat on Lots 1 through 6, Wal-Mart Second Addition Subdivision, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the 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.

41.             No. 05RZ047 - 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 the 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.

Continue the following items until November 21, 2005:

42.             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 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.

43.             No. 05PL159 - A request by Britton Engineering for Prairiefire Investments, LLC for a Preliminary Plat on Lots 11-14, Block 1; Lots 4-11, Block 2; Lots 5-8, Block 3; Lots 3-8, Block 4; Prairiefire Subdivision, located in the NE1/4, Section 26, T1N, R8E, BHM,  Pennington County, South Dakota, legally described as the NE1/4 NE1/4 less a portion of Lot 8 and all of Lot 9 of Eisenbraun Subdivision less Winton Subdivision; all of SE1/4 NE1/4 less Eisenbraun Subdivision, less Winton Subdivision and less right-of-way; all in Section 26, T1N, R8E, BHM, Pennington County, South Dakota, located at the western terminus of Mondo Street.

44.             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 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.

45.             No. 05SV061 - A request by Britton Engineering for Prairiefire Investments, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 11-14, Block 1; Lots 4-11, Block 2; Lots 5-8, Block 3; Lots 3-8, Block 4; Prairiefire Subdivision, located in the NE1/4, Section 26, T1N, R8E, BHM,  Pennington County, South Dakota, legally described as the NE1/4 NE1/4, less a portion of Lot 8 and all of Lot 9 of Eisenbraun Subdivision less Winton Subdivision; all of SE1/4 NE1/4 less Eisenbraun Subdivision, less Winton Subdivision and less right-of-way; all in Section 26, T1N, R8E, BHM, Pennington County, South Dakota, located at the western terminus of Mondo Street.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 46-82

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 (November 7, 2005)

46.             No. 05VR010 - A request by Thurston Design Group for Vaughn Bay Construction for a Vacation of Right-of-Way on a tract of land located in the SE1/4 SE1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at a point which is 5/8” rebar marking the northeast corner of W932 feet of the S377 feet of the SE1/4 SE1/4, less the N35 feet dedicated as Thrush Drive, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence S89º51’30”W a distance of 255.36 feet, more or less, to a point; said point being a 5/8” rebar with survey cap marked “FMG, Inc. LS SD 1019”, marking the northwest corner of the vacated Gold Street right-of-way;  Thence S89º52’35”W a distance of 170.05 feet, more or less, to a point; Thence N00º07’25”W a distance of 23.05 feet, more or less, to a point; Thence N89º 51’11”E a distance of 415.41 feet, more or less, to a point; Thence S45º08’49”E a distance of 14.14 feet, more or less, to a point; Thence S00º08’49”E a distance of 13.14 feet, more or less, to the point of beginning.  Said area includes 0.225 acres, more or less., legally described as W 932 feet of the S 377 feet of the SE1/4 SE1/4, and the 13.14 feet of Thrush Drive Right-of-Way located adjacent to the W 932 feet of the S 377 feet of the SE1/4 SE1/4 all located in Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the the intersection of Anamosa Street and Interstate 90.

Public Works Committee Consent Items

47.             Acknowledge report on drainage problem at 414 Enchantment Road, Scott Jacobson.

48.             No. PW092705-01 Approve an exception to the Street Design Criteria Manual to allow applicant an access off of a higher order street, Harvard Avenue, for a second driveway to accommodate an RV garage in the back yard at 5241 Cornell Court; Del Voth for Phil Strissel.

49.             Uphold the Development Appeals Review Board (DARB) recommendation as it relates to the Building Official's interpretation of the Code relating to handicap accessible apartment units; and request the City Attorney’s Office to prepare an ordinance amendment for consideration at the October 12, 2005 Legal and Finance Committee meeting.

50.             No. PW092705-15 Approve request to place the Pactola Dam and Rapid Creek Emergency Preparedness Plan on the November, 2005 City Council Information Meeting agenda.

51.             No. PW092705-03 Acknowledge the report on the 2006 Public Works Projects List.

52.             No. PW092705-04 Acknowledge the report on the Water Supply Project Priorities.

53.             No. PW092705-06 Approve Change Order No. 1 for Tennis Courts Surfacing Project No. PR05-1523 to Recreational Surfacers, Inc. for an increase of $2,400.00.

54.             No. PW092705-07 Approve Change Order No. 1F for Low Level Water Reservoir Interconnection Project No. W04-1374 to Rapid Construction for a decrease of $4,268.78.

55.             No. PW092705-08 Approve Change Order No. 2 for East Mall Drive Extension Project No. ST03-1334 to Heavy Constructors for an increase of $111.19.

56.             No. PW092705-09 Authorize staff to advertise for bids for Nugget Gulch Street Extension Project No. ST05-1534; CIP #50615.

57.             No. PW092705-10 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Burns & McDonnell Engineering Co., Inc. for the Utility System Master Plan – Phase I, Project No. PW05-1447 for an amount not to exceed $153,355.00.

58.             No. PW092705-11 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with FMG, Inc. for Engineering Services and Preliminary Design for Anamosa Street Reconstruction (from Haines Avenue to LaCrosse Street) Project No. SSW05-1471; CIP #50518 for an amount not to exceed $315,000.00.

59.             No. PW092705-12 Authorize Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with Banner Associates, Inc. for Engineering Services for Construction Fee Determinations and Miscellaneous Services, Project No. SSW04-1429 for an amount not to exceed $3,948.00, and a new project completion date of October 31, 2005.

60.             No. PW092705-13 Authorize Mayor and Finance Officer to sign a Maintenance Agreement with the South Dakota Department of Transportation for Federal-Aid Highway Improvement Traffic Signals at I90 Exit 55, Deadwood Avenue in Rapid City.

61.             No. PW092705-14 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Advanced Engineering & Surveying, LLC for additional staking as noted in the original agreement for Nugget Gulch Street Extension Project No. S05-1534 for an amount not to exceed $1,000.00.

62.             No. PW072605-19 Acknowledge the report on the North Deadwood Avenue Water Supply.

63.             No. 05VE018 Approve with stipulations a Vacation of Utility Easement for petitioner Thurston Design Group for Vaughn Bay Construction on a parcel of land located in the W932' of the S377', of the SE1/4 SE1/4, less the N35', dedicated as Thrush Drive, all located in the SE1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located between Thrush Drive and Anamosa Street and south of West Boulevard North.

64.             05TP010 Approve the Rapid City Area Long Range Transportation Plan Final Report.

Legal & Finance Committee Consent Items

65.             No. LF092805-02 Approve appointment of Brad Slater to the RSVP Advisory Council for a three year term. 

66.             Approve appointment of Jeff Partridge to the Airport Board. 

67.             No. LF092805-03 Acknowledge the Capital Improvements Program Committee Monthly Update for September, 2005. 

68.             No. LF092805-04 Approve 2005 Capital Plan for Streets, Drainage and MIP Projects for September, 2005. 

69.             No. LF092805-12 Approve Event Permit for United Downtown Association (Festival of Presidents) to hold street dance, parade, and craft show on June 30-July 1, 2006. 

70.             No. 05TI008 Approve a Resolution Creating Tax Increment District No. 54 for petitioner Dream Design International, Inc. on S1/2 NE1/4, including right-of-way, Section 23; N1/2 SW1/4, including right-of-way, and Lots 6-17, Block 5, including right-of-way, CHMH Subdivision, Section 24; all located in T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Mall Drive and west of Haines Avenue. 

71.             No. 05TI009 Approve a Tax Increment District No. 54 Project Plan for petitioner Dream Design International, Inc. on S1/2 NE1/4, including right-of-way, Section 23; N1/2 SW1/4, including right-of-way, and Lots 6-17, Block 5, including right-of-way, CHMH Subdivision, Section 24; all located in T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Mall Drive and west of Haines Avenue. 

72.             No. LF092805-05 Acknowledge letter from the South Dakota Department of Legislative Audit indicating the acceptance of the audit report. 

73.             No. LF092805-06 Approve Change Order No. 1 to Ken's Carpet & Decorating Co. for the installation of ceramic tile in the CSAC Building for an increase of $700 (funding to come from the funds received from SDDOT for Omaha Street Reconstruction). 

74.             No. LF092805-07 Acknowledge the report on the retail (on-off sale) malt beverage license eligible for video lottery. 

75.             No. LF092805-08 Approve a Resolution Canceling Checks or Warrants not Presented for Payment within Two Years of Date of Issuance. 

76.             No. LF092805-09 Approve the 2006 Public Works Project List. 

77.             Approve the following licenses:  Mechanical Installer:  Brian Wipf; Electrical Apprentice:  Brad Goranson, Chris Teeslink, E Clayton Miller, Seth Tautkus, Daniel L Orth, William Trebbe, Larry Luthy, Christopher A Jundt, Eric Hill, and Joseph Savery; Electrical Contractor:  Les Thayer; Electrical Journeyman:  Ryan Swanson; Plumbing Apprentice:   Vernon D Kienzle,  Timothy McPherson, Troy Sharkey, and Justin Traupel; Plumbing Contractor:  Robert Cline, Cline Plumbing and Henry Niemann, Hank’s Plumbing; Plumbing Plumber:  Ezra Ahrendt, Walter Cline, Samuel L Foight, Troy Konda, Robert McGee, and Robert A Mitchell; Trenching Journeyman:  Kirk Gortmaker. 

Growth Management Department Consent Items

78.             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.

79.             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.

80.             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 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.

81.             No. 05PL162 - A request by CETEC Engineering Services, Inc. for Olsen Development Company, Inc. for a Layout Plat on Lots 5A, 5B and 5C, Overlook Subdivision, located in the SW1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 5, Overlook Subdivision, located in the SW1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Clark Street.

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

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

Retail (On Sale) Liquor License

83.             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

84.             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

85.             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

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

Set for Hearing (October 17, 2005)

Package (Off-Sale) Liquor License

87.             Carol Enterprises, Inc. dba Valley Liquor, 747 Tinnons Boulevard for Package (Off-Sale) Liquor License

ITEMS FROM THE MAYOR

88.             Confirm appointment of Karie Price as Assistant City Attorney I. 

89.             2012 Report

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

90.             Purchase of downtown holiday lights, Alderman Schumacher

FINANCE OFFICER’S ITEMS

BID AWARDS

91.             No. CC100305-01 43rd Court Water Main Reconstruction Project No. W05-1529 / CIP No. 50606 (opened September 27, 2005)

92.             No. CC100305-01 32nd Street - United Field Drainage Project No. DR01-1144 / CIP No. 50610 (opened September 28, 2005)

93.             No. CC100305-01 Chapel Lane Bridge Widening Project No. ST04-1359 / CIP No. 50016 (opened September 28, 2005)

94.             No. CC100305-01 Skyline Drive Water Main Extension Project No.  W04-1439 / CIP No. 50575 (opened September 28, 2005)

95.             No. CC100305-01 Lazy P-6 Sanitary Sewer Extension Project No.  SS05-1514 / CIP No. 50612 (opened September 28, 2005)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

96.             No. CC100305-02 Bill List for October 3, 2005

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

97.             No. CC100305-03 Approve the purchase of copiers under State Contract with Best Business Products and A & B Business; and under Municipal Contract - Pierre School District No. 32-2 with Best Business Products in the amount of $30,012.84, less reimbursement from PCSO in the amount of $3,464.52 for a total contract amount of $26,548.32

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

98.             Executive Session

99.             Copperfield Utility Rates

ADJOURN