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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 17, 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 October 3, 2005 and Special Council October 11, 2005 

ADOPTION OF THE AGENDA 

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for October 2005 

2.                  Employee Awards 

GENERAL PUBLIC COMMENT 

A time for members of the public to discuss or express concerns to the Council on any issue, not limited to items on the agenda. Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the council members present. Timing lights will be used, three minute time limit per speaker. 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

PUBLIC HEARINGS

3.                  No. PW091305-09 Assessment Roll for Heidiway Lane Sanitary Sewer Extension Project No. SS01-1061 

4.                  No. 05FV011 - A request by Dream Design International, Inc. for a Fence Height Exception to allow a six foot high fence in a front yard setback on a Tract of land located in the NW1/4 NW1/4, Section 28, T1N, R7E, BHM, Pennington County, South Dakota, more particularly described as follows: beginning at a point from which the Section corner common to Sections 20, 21, 28 and 29 bears S88º14’01”E, a distance of 1285.76 feet; Thence S00º04’24”W a distance of 38.00 feet; Thence S89º55’37”E, a distance of 114.67 feet; Thence N00º22’22”W, a distance of 48.00 feet; Thence N89º55’37”W, a distance of 104.29 feet; Thence S45º04’22”W, a distance of 14.14 feet to the point of beginning: said Tract containing 0.13 acres, more or less., located at the northeast terminus of Dunsmore Road. 

5.                  No. 05PD054An appeal of the Planning Commission’s decision on a request by Centerline for Brett & Patricia Lawlor for a Planned Residential Development - Initial and Final Plan on Lots 1, 2 and 3, Block 5, Schamber Addition, SW1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at  4114 Sunset Drive. 

6.                  Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, water, sewer and pavement along Nemo Road and the Section Line Highway as they abut Tract C, less Lot H-1, located in the SE1/4 NE1/4, Section 26, T2N, R6E, BHM, Pennington County, South Dakota. (05SV054) 

7.                  Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, sidewalk, sewer, and water along Sheridan Lake Road; to install curb, gutter, street light conduit, sidewalk and sewer along the internal streets; and to install curb, gutter, street light conduit, sidewalk and sewer and to reduce the pavement width along Sawmill Road as they abut 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. (05SV062) 

8.                  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 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. 

9.                  Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along West Fulton Street as it abuts Lot 5, Overlook Subdivision, located in the SW1/4 NW1/4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. (05SV063) 

10.             No. 05SV064 - A request by Sperlich Consulting, Inc. for Walgar Development for a Variance to the Subdivision Regulations to waive the requirement to install street light conduit; to dedicate additional right-of-way 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 9, Block 3, Minnesota Park Subdivision, located in the NE1/4 SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A, Robbinsdale Addition No. 10, located in the NE1/4 SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of East Minnesota Street and Maple Avenue. 

11.             No. 05UR012 - An appeal of the Planning Commission’s decision on a request by Hengel Associates P.C. for Doyle D. Estes for a Conditional Use Permit to allow an on-sale liquor establishment in the General Commercial Zoning District on Lot 2, less west 250 feet, Nicholl's Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1241 East Saint Joseph Street. 

12.             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, located in 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. 

LEGAL & FINANCE COMMITTEE ITEMS

13.             Downtown holiday lights purchase discussion 

14.             Development Appeals and Review Board powers discussion 

15.             Fence height exception at 430 South Canyon Road, John Dicks 

16.             Authorize staff to set a public hearing on the airport authority for November 21, 2005. 

17.             No. 05TI011 A request by Dream Design International to consider an application for a Resolution Creating Tax Increment District No. 55 on Lot 1, Mailloux Subdivision; Government Lot 4; the unplatted balance of the SE1/4 SW1/4 and the unplatted balance of the S1/2 SE1/4 all located in Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; NE1/4 NW1/4 Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 7R, Madisons Subdivision; Outlots A,  B and C and all of Block 6 of Auburn Hills Subdivision and the Auburn Drive right of way lying adjacent to said lots; NE1/4 SE1/4; S1/2 SE1/4; SE1/4 SW1/4 less Lot 7R, Madisons Subdivision; N1/2 SW1/4 SW1/4; NW1/4 SW1/4; SW1/4 NW1/4; all located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located extending from the western boundary of Auburn Hills Subdivision, along Country Road to 143rd Avenue with the addition of Lot A of Tract A less Lot H2, Block 3, McMahon Industrial Park #2 and the adjacent right of way.   

18.             No. 05TI012 A request by Dream Design International to consider an application for a Tax Increment District No. 55 Project Plan on Lot 1, Mailloux Subdivision; Government Lot 4; the unplatted balance of the SE1/4 SW1/4 and the unplatted balance of the S1/2 SE1/4 all located in Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; NE1/4 NW1/4 Section 19, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 7R, Madisons Subdivision; Outlots A,  B and C and all of Block 6 of Auburn Hills Subdivision and the Auburn Drive right of way lying adjacent to said lots; NE1/4 SE1/4; S1/2 SE1/4; SE1/4 SW1/4 less Lot 7R, Madisons Subdivision; N1/2 SW1/4 SW1/4; NW1/4 SW1/4; SW1/4 NW1/4; all located in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located extending from the western boundary of Auburn Hills Subdivision, along Country Road to 143rd Avenue with the addition of Lot A of Tract A less Lot H2, Block 3, McMahon Industrial Park #2 and the adjacent right of way.  

19.             No. LF101205-09 Concur with the Rapid City School District No. 51-4 bid award of bleachers and authorize the purchase of eight (8) each 39-foot sections for a total cost not to exceed $249,272.80.   

PUBLIC WORKS COMMITTEE ITEMS

20.             Parking Ticket Fine Box located at the Rapid City Public Library 

21.             No. PW101105-07 Authorize Mayor and Finance Officer to sign Amendment No. 2 to a Professional Services Agreement with TSP Three, Inc. to provide engineering and surveying services for the Mountain View Road Utility Reconstruction Project No. W05-1342; CIP #50350 for an amount not to exceed $10,600.00.   

22.             No. PW101105-08 Authorize Mayor and Finance Officer to sign Amendment No. 3 to a Professional Services Agreement with TSP Three, Inc. to provide engineering service for construction administration for the Mountain View Road Utility Reconstruction Project No. W05-1342; CIP #50350 for an amount not to exceed $44,800.00.   

23.             No. PW101105-06 Authorize Mayor and Finance Officer to sign an Agreement between the City of Rapid City and 3T’s Land Development, LLC to Allow a Portion of Minnesota Street to Encroach on a City-Owned Reservoir Lot; allow the easement to be moved from the north property line to the west property line; require that the sidewalk be constructed by the developer at such time the City deems it necessary. 

24.             Authorize Mayor and Finance Officer to sign Plat of Lots 11-16; Lots 31-42 and Tract R Revised Minnesota Ridge Heights Subdivision.   

GROWTH MANAGEMENT DEPARTMENT ITEMS 

ORDINANCES & RESOLUTIONS

25.             No. LF092805-10 Second 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.   

26.             No. LF092805-11 Second 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.    

27.             No. 05OA006 Second 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.   

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

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

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

31.             No. LF092805-01 Second 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.   

32.             No. LF101205-11 First Reading, Ordinance No. 5105 Removing the Requirement that Group R-2 Occupancies Contain Type A Dwelling Units by Adding Section 15.12.735 to the Rapid City Municipal Code.   

33.             No. 05RZ054 First Reading, Ordinance No. 5106, a request by Dream Design International for Thomas O'Meara for a Rezoning from General Commercial to Low Density Residential II on Lot 1 and 2, O'Meara Subdivision, located in the NE1/4 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Part of Lot D of Lot C, NE1/4 SW1/4, lying west of U.S. Highway 16 right-of-way; and Lot 2, Lot A, Lot C, NE1/4 SW1/4, lying west of U.S. Highway 16, all located in Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4080 Tower Road. 

34.             No. 05RZ053 Second 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. 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

CONTINUED ITEMS CONSENT CALENDAR – Items 35-44 

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 November 7, 2005:

35.             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 on 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. 

36.             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. 

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

38.             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. 

39.             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 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. 

40.             No. 05PL166 - A request by Centerline for Bank West for a Preliminary Plat on Lots 1A and 1B, Block 1, Stoney Creek South Subdivision, located in the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 1, Stoney Creek South Subdivision, located in the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Catron Boulevard and Sheridan Lake Road. 

41.             No. 05PL167 - A request by Sperlich Consulting, Inc. for Walgar Development for a Preliminary Plat on Lots 1 through 9, Block 3, Minnesota Park Subdivision, located in the NE1/4 SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A, Robbinsdale Addition No. 10, located in the NE1/4 SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of East Minnesota Street and Maple Avenue. 

42.             No. 05SV027 - A request by Renner & Associates for Pete Lien and Sons for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lien Tract and  Lot AR, Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., legally described as Lot A, B, and C of Keller Subdivision, located in the S1/2 of SE1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., located at the old Dog Track on North Highway 79. 

43.             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. 

44.             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 – 45-77 

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 21, 2005)

45.             No. 05VR012 - A request by Fisk Land Surveying for Mollers Limited Partnership for a Vacation of Section Line Right-of-Way on Tract B, located in SE1/4 SW1/4, Lot 2, Eastbrooke Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota and Lots 1, 3 and 21, including vacated alley adjoined to Lots 1 and 3, Block 1, Brenan and Sweeney Addition and Racine Street adjoined thereto, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Omaha Street between Waterloo Street and La Crosse Street. 

46.             No. 05VR013 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of Section Line  Right-of-Way on the SE1/4 NE1/4, NE1/4 SE1/4, N1/2 SE1/4 SE1/4, all in Section 14 and SW1/4 NW1/4, NW1/4 SW1/4, N1/2 SW1/4 SW1/4, all in Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and at the western terminus of Cobalt Drive. 

Public Works Committee Consent Items

47.             Acknowledge Sheridan Lake Road and Dunsmore Road Intersection report

48.             No. PW101105-03 Authorize staff to advertise for bids for Brookfield Development Sewer Force Main Project No. SS05-1524; CIP #50376. 

49.             No. PW101105-04 Authorize Mayor and Finance Officer to sign an Agreement with Pat Tlustos for one-third City / two-thirds Pat Tlustos cost share for the repair of Middle Valley Drive. 

50.             No. PW101105-05 Authorize Mayor and Finance Officer to sign an Agreement to Exchange Federal for State Funds for Construction of Project P 1648(00), PCN H020 in Rapid City, SD with the South Dakota Department of Transportation.  

51.             No. PW101105-09 Refer the Fare / Pass fare structure proposal to the Transit Advisory Board for further discussion and input, and to bring back a recommendation to the Public Works Committee. 

52.             Proceed with the continuation of the RapidRide connector route for the balance of 2005; and proceed with the preparation of a resolution authorizing an additional 1.5 FTE and associated costs. 

53.             Acknowledge the Trapeze scheduling/routing software report.

54.             No. PW101105-10 Approve an additional FTE Equipment Operator for the Solid Waste Operations Division; fund the capital costs of $188,000 for fencing from the landfill reserve fund; and direct staff to draft an ordinance amendment addressing the increase of the tipping fee to $47.00 per ton in 2006. 

55.             No. 04-103 Approve an exception to the Street Design Criteria Manual for petitioner Centerline for PLM Development, LLC to reduce the non-access easement along Daybreak Lane from 50 feet to 46 feet. 

56.             No. PW101105-10 Approve a request by Sperlich Consulting, Inc. for Doeck, LLC for the preparation of two H-Lots; and authorize Mayor and Finance Officer to execute documents to accept the deeds for the creation of Coal Bank Drive and Mistywoods Lane in the Auburn Hills Subdivision.   

Legal & Finance Committee Consent Items

57.             Authorize payment to Fence Connection in the sum of $2,258.10 for construction of the fence on Chapel Lane behind the Chophouse, said funds to come out of the Capital Improvements Program miscellaneous improvement budget. 

58.             No. LF101205-01 Approve Parade Permit for Parade of Lights to be held on November 26, 2005. 

59.             No. LF101205-16 Approve travel request for department heads and Mayor to attend strategic planning session in Deadwood, SD, October 25-26, 2005, in an approximate amount of $2,065. 

60.             No. LF101205-02 Authorize Mayor and Finance Officer to sign Agreement for Emergency Response to Weapons of Mass Destruction and Hazardous Materials Incidents. 

61.             No. LF101205-15 Authorize Mayor and Finance Officer to Sign Combined Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Grant Funds and the HUD Request for Release of Funds and Certification form for the Central States Fair, Inc. Economic Development Initiative Grant for a paved parking lot, exterior lighting and drainage mitigation at the Pennington County Fairgrounds, adjacent to the Events Center. 

62.             No. LF101205-04 Approve a Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup. 

63.             No. LF101205-05 Approve a Special Assessment compromise with Steve Meyer. 

64.             Set a Special Council meeting on Wednesday, December 28, 2005, at 12:30 p.m. to pay year end bills and handle other miscellaneous year end items. 

65.             No. LF101205-06 Authorize Mayor and Finance Officer to sign Agreement with Grant Thornton to provide arbitrage rebate calculation services for the 2002 Sales Tax Refunding Bonds in an amount of $5,000. 

66.             No. LF101205-07 Approve a Resolution Authorizing Issuance, Prescribing Form and Details and Providing for the Payment of Water Improvements Revenue Refunding Bonds, Series 2005. 

67.             No. LF101205-08 Authorize Mayor and Finance Officer to sign Letter of Engagement with Ketel Thorstenson, LLP to perform the 2005 audit at a cost of $34,000 (was $32,000 in 2004). 

68.             No. LF101205-10 Approve a Resolution of Intent to Enter into Lease of Land with the Rapid City YMCA, Pursuant to SDCL 9-12-5.2, for Operation of the LaCroix Links Golf Course. 

69.             No. LF101205-12 Approve a Resolution Establishing the City’s Liability Insurance Deductible Amount as the Maximum Amount of Indemnification for City Employees. 

70.             No. LF101205-13 Approve a raffle request from South Dakota School of Mines and Technology. 

71.             No. LF101205-14 Authorize Mayor and Finance Officer to sign Consent to Assignment and Acceptance between Eugene Quinn and Therese Quinn and Derby Advertising, Inc., d/b/a Canyon Lake Resort. 

72.             Approve the following licenses:  Central Station Service:  Security Associates International, Inc., d/b/a SAI Southeast Command Center, Inc.; Sewer and Water Journeyman: Tony Parker.   

Growth Management Department Consent Items

73.             No. 05CA029 - Corrective Resolution Amending the Comprehensive Plan by revising the Major Street Plan  

74.             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. 

75.             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. 

76.             No. 05PL168 - A request by Davis Engineering for Frank Brink & Sons, Inc. for a Preliminary Plat on Tract A and Tract B of Tract L, Rand Addition, located in the W1/2 NW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract L, Rand Addition, located in the W1/2 NW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Samco Road. 

77.             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 

Set for Hearing (November 7, 2005) 

Special Malt Beverage and Wine License

79.             Rapid City Arts Council, Inc. dba Dahl Arts Center, 713 7th Street for a Special Beer and Wine License for an event scheduled November 18, 2005

80.             Raid City Jaycees for a Special Beer License for an event scheduled November 11 & 12, 2005 at the Roosevelt Ice Arena, 125 Waterloo Street

81.             The Diplomats for a Special Beer and Wine License for an event scheduled November 16, 2005 at Storybook Island, 1301 Sheridan Lake Road 

Package (Off-Sale) Liquor License Transfer

82.             Sully Enterprises, LLC dba Common Cents, 2808 Sheridan Lake Road for a Package (Off-Sale) Liquor License transfer from Moyle Petroleum Company

83.             Sully Enterprises, LLC dba Common Cents, 634 East North Street for a Package (Off-Sale) Liquor License transfer from Moyle Petroleum Company 

Retail (On-Off Sale) Malt Beverage License

84.             Connie M. Suto dba Piece of Cake, LLC, 901 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License 

Retail (On-Sale) Wine License

85.             Connie M. Suto dba Piece of Cake, LLC, 901 Mt. Rushmore Road for a Retail (On Sale) Wine License 

ITEMS FROM THE MAYOR 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS 

FINANCE OFFICER’S ITEMS

86.             No. CC101705-03 Approve a Space Lease Agreement with Rushmore Plaza Civic Center for NO COST for Union Negotiations 

BID AWARDS

87.             No. CC101705-01 One (1) New Current Model Year Mobile Column Lift for Street Division (opened October 6, 2005)

88.             No. CC101705-01 One (1) New Current Model Year Steel Faced, Riding Roller for Street Division (opened October 6, 2005)

89.             No. CC101705-01 Water Treatment Reroof Project No.  WTP05-1525 / CIP No. 50369 (opened October 12, 2005) 

CIP COMMITTEE ITEMS 

APPROVAL OF BILLS

90.             No. CC101705-02 Bill List for October 17, 2005 

PARKS & RECREATION DEPARTMENT ITEMS 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD 

CITY ATTORNEY’S ITEMS 

ADJOURN