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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

May 1, 2006 - 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 April 17, 2006, special Council of April 24, 2006, and Information Committee meeting of April 19, 2006

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Citizen of the Month for May 2006

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. 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  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.

3.                  No. 05VR015 - A request by Peter Hendricksen for a Vacation of Right-of-Way on Sunnyside Avenue Right-of-Way lying adjacent to Lots 1 thru 14; the Poplar Avenue Right-of-Way lying adjacent to Lots 14, 15 and 20 foot alley Right-of-Way; and the 20 foot alley Right-of-Way lying adjacent to Lots 8 thru 14 and Lots 15 thru 21, all located in Block 11, Plainsview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Poplar Street and Sunnyside Avenue.

4.                  No. 06CA009 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to change the land use designation from Flood Hazard to Park Forest on a parcel of land located in Lot 5 of Tittle Springs Subdivision more particularly described as follows: located in the NE1/4SW1/4 of Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Said parcel bears N10º05’26”W a distance of 814.22 feet from the southeast corner of Lot 2, marked with a 5/8” rebar with survey cap “LS 4371”, of Tittle Springs Subdivision Commencing at the point of beginning: Thence First Course: along a line with a bearing of N89º21’58”W and a distance of 50.00 feet; Thence Second Course: along a line common to Lots 5 and 6 of Tittle Springs Subdivision a bearing of N00º31’31”E and a distance of 44.09 feet; Thence Third Course: along said 500-year flood boundary line a bearing of S82º43’30”E and a distance of 9.86 feet; Thence Fourth Course: along said 500-year flood line a bearing of S83º29’39”E and a distance of 14.28 feet; Thence Fifth Course: along said 500-year flood line a bearing of S72º02’10”E and a distance of 11.45 feet; Thence Sixth Course: along said 500-year flood line a bearing of S78º26’08”E and a distance of 9.22 feet; Thence Seventh Course: along said 500-year flood line a bearing of S68º50’57”E a distance 3.22 feet; Thence Eighth Course along said 500-year flood line a bearing of S64º03’45”E a distance of 3.16 feet; Thence Ninth Course: along the line common with Lots 4 and 5 of Tittle Springs Subdivision with a bearing of S00º31’31”W a distance of 34.43 feet to the point the beginning. Said parcel of land contains 2.021.6 square feet or 0.0464 acres, more or less.  All located in Lot 5 of Tittle Springs Subdivision in the NE1/4 of the SW1/4 of Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota., located at 6201 Magic Canyon Road.

5.                  No. 06FV002 - A request by Michael and Molly Falk for a Fence Height Exception to allow a six foot high fence within the required 25 foot yard setback on the East half of Lot 19, all of Lot 20, Block 14, Wise Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 222 East Monroe Street.

6.                  No. 06SV015 - A request by DGM Development and Echo Development for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along the access easements and to waive the requirement to install sidewalk and street light conduit along Pearl Boulevard as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 190 Madison's Subdivision, formerly Lots 10 & 11 of Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 10 & 11 of Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 500 feet north of Country Road and adjacent to the west side of Haines Avenue.

7.                  No. 06SV016 - A request by Executive Homes, Inc. for a Variance to the Subdivision Regulations to reduce the right-of-way width from 76 feet to 52 feet and to reduce pavement width from 40 feet to 27 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 61, Rockinon Ranch Estates, located in N1/2 NE1/4 SE1/4, Section 23, T2N, R8E, BHM, Pennington County, South Dakota, legally described as the N1/2 NE1/4 SE1/4, Section 23, T2N, R8E, BHM, Pennington County, South Dakota, located at the southwest corner of the intersection of Gladys Street and Bunker Drive.

LEGAL & FINANCE COMMITTEE ITEMS

8.                  No. LF042606-01 Approve placement of tables and chairs in right of way, Bully Blends Coffee & Tea Shop Request (Peter Compton)

9.                  No. LF042606-19 Authorize the Mayor and Finance Officer to sign Contract for Private Development between City of Rapid City and Stoneridge, LLC for Tax Increment District No. 41. 

10.             Rushmore Plaza Civic Center Petition Policy, Board of Directors

PUBLIC WORKS COMMITTEE ITEMS

11.             Lancer Road safety issues, Alderman Kooiker

GROWTH MANAGEMENT DEPARTMENT ITEMS

12.             No. 06PL042 - A request by DGM Development and Echo Development for a Layout Plat on Lots 1 thru 190 Madison's Subdivision, formerly Lots 10 & 11 of Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 10 & 11 of Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 500 feet north of Country Road and adjacent to the west side of Haines Avenue.

ORDINANCES & RESOLUTIONS

13.             No. LF041206-12 First Reading, Ordinance No. 5149 Amending Section 10.20.120 of the Rapid City Municipal Code Which Completely Prohibits the Use of Dynamic Brake Devices Within the City of Rapid City to Only Prohibiting Such on Vehicles that are Unmuffled. 

14.             No. 06RZ009 – First Reading, Ordinance No. 5152, a request by Sperlich Consulting for Black Hills Health and Wellness Center for a Rezoning from Medium Density Residential to General Commercial on Lots 21 thru 22 of Block 9, Flormann Addition, located in the NW1/4 SE1/4, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 716 Fairview Street.

15.             No. 06RZ010 - First Reading, Ordinance No. 5153, a request by Fisk Land Surveying & Consulting Engineers, Inc. for Del Solano for the Rapid City Columbian Club, Inc. for a Rezoning from High Density Residential to Office Commercial on a parcel of land located in Block 126 of the Original Townsite of Rapid City, located in the NW1/4, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as follows: Beginning at the northwest corner of said Block 126, of the Original townsite of Rapid City, said point of being coincident with the northwest corner of Lots 16 of Block 126 and also coincident with the south right-of-way of Columbus Street, said point being marked by a mag nail in asphalt; Thence, southeasterly along the north edge of Block 126 and along the south right-of-way of Columbus Street and along the north line of Lots 16, 15, 14, 13, 12, 11, 10 and the west five feet of Lot 9, S77º34’35”E, a distance of 180.17 feet more or less to the northwest corner of the alley adjoining the west five feet of Lot 9 of Block 126, said point being marked by a mag nail in asphalt; Thence, southwesterly along the easterly line of the west five feet of said Lot 9 of Block 126 and along the westerly edge of the alley right-of-way, S12º32’24”W, a distance of 159.82 feet, more or less to the southwest corner of the intersecting alleys in Block 126, said point being located on the north line of Lot 24 of said Block 126, and said point being marked by a rebar with a survey cap “LS 7719”; Thence, continuing southwesterly in said Lot 24 of Block 126, S12º40’28”W, a distance of 9.00 feet, more or less, to a point marked by rebar with survey cap “LS 7719”; Thence, northwesterly through Lots 24, 23, 22, 21, 20, 19, 18 and 17 of Block 126, N77º36’11”W, a distance of 180.18 feet, more or less to a point on the westerly line of Lot 17 of Block 126, said point being coincident with the easterly line of Fifth Street right-of-way, and said point being marked by a mag nail in asphalt; Thence, northeasterly along the westerly line of Block 126 and along the westerly line of Lot 17, along the westerly line of the vacated alley in Block 126 and along the westerly line of Lot 16 of Block 126, and coincident with the easterly edge of Fifth Street right-of-way, N12º33’06”E, a distance of 168.90 feet, more or less to the point of beginning.  Said parcel contains 0.70 acres, more or less, located at 910 Fifth Street.

16.             No. LF041206-06A Second Reading, Ordinance No. 5148 Regarding Supplemental Appropriation No. 3 for 2006. 

17.             No. LF041206-17 Second Reading, Ordinance No. 5150 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. 

18.             No. 06RZ007 – Second Reading, Ordinance No. 5151, A request by City of Rapid City for a Rezoning from Flood Hazard District to Park Forest District on a parcel of land located in Lot 5 of Tittle Springs Subdivision more particularly described as follows: located in the NE1/4SW1/4 of Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Said parcel bears N10º05’26”W a distance of 814.22 feet from the southeast corner of Lot 2, marked with a 5/8” rebar with survey cap “LS 4371”, of Tittle Springs Subdivision Commencing at the point of beginning: Thence First Course: along a line with a bearing of N89º21’58”W and a distance of 50.00 feet; Thence Second Course: along a line common to Lots 5 and 6 of Tittle Springs Subdivision a bearing of N00º31’31”E and a distance of 44.09 feet; Thence Third Course: along said 500-year flood boundary line a bearing of S82º43’30”E and a distance of 9.86 feet; Thence Fourth Course: along said 500-year flood line a bearing of S83º29’39”E and a distance of 14.28 feet; Thence Fifth Course: along said 500-year flood line a bearing of S72º02’10”E and a distance of 11.45 feet; Thence Sixth Course: along said 500-year flood line a bearing of S78º26’08”E and a distance of 9.22 feet; Thence Seventh Course: along said 500-year flood line a bearing of S68º50’57”E a distance 3.22 feet; Thence Eighth Course along said 500-year flood line a bearing of S64º03’45”E a distance of 3.16 feet; Thence Ninth Course: along the line common with Lots 4 and 5 of Tittle Springs Subdivision with a bearing of S00º31’31”W a distance of 34.43 feet to the point the beginning. Said parcel of land contains 2.021.6 square feet or 0.0464 acres, more or less.  All located in Lot 5 of Tittle Springs Subdivision in the NE1/4 of the SW1/4 of Section 18, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota., located at 6201 Magic Canyon Road.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 19-31

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 May 15, 2006:

19.             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 a portion of 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.

20.             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.

21.             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 a portion of 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.

22.             No. 06PL003 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 10 thru 21 of Block 2; Lots 2 thru 8 of Block 9; Lots 1 thru 4 of Block 13 of Red Rock Meadows Subdivision, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 of the NW1/4 of the NW1/4 of Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Dunsmore Road.

23.             No. 06PL011 - A request by D.C. Scott Surveyors, Inc., for William Morrison for a Preliminary Plat on Lots 1, 2 and 3 of Morrison Subdivision (formerly Parcel B of Lot 3), located in the SW1/4 SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Parcel B of Lot 3, located in the SW1/4 SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to the north side of Green Valley Drive and east of Reservoir Road.

24.             No. 06PL025 - A request by Wyss Associates, Inc. for Canyon Springs, LLC for a Preliminary Plat on Lots 1 thru 87, Block 1; Lot 1, Block 2, Canyon Springs Preserve, less Lot 1 of Firehouse Subdivision and the "Nemo" Road right-of-way, formerly the unplatted portion of the S1/2 SE1/4 and NE1/4 SE1/4 of Section 22; SW1/4 of Section 23; and the NW1/4 NW1/4 of Section 26,T2N, R6E, BHM, Pennington County, South Dakota, legally described as a tract of land located in the S1/2 SE1/4 and NE1/4 SE1/4 of Section 22; SW1/4 of Section 23; and the NW1/4 NW1/4 of Section 26; T2N, R6E, BHM, Pennington County, South Dakota, located adjacent to the west side of Nemo Road.

25.             No. 06PL028 - A request by Davis Engineering, Inc. for Bernita White for a Preliminary Plat on Lots A1 and A2 of Bar P-S Subdivision, located in the W1/2 SW1/4, formerly Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, located adjacent to the south west curve of North Airport Road.

26.             No. 06PL036 - A request by Executive Homes, Inc. for a Preliminary Plat on Lots 1 thru 14 and 21 thru 35, Rockinon Ranch Estates, Phase 1, formerly a portion of land located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of land located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3211 Bunker Drive.

27.             No. 06SV004 - A request by D.C. Scott Surveyors, Inc., for William Morrison for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and to waive the requirement to dedicate a ten foot wide planting screen easement as per Chapter 16.16 of the Rapid City Municipal Code on Parcel B of Lot 3, located in the SW1/4 SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to the north side of Green Valley Drive and east of Reservoir Road.

28.             No. 06SV011 - A request by Wyss Associates, Inc. for Canyon Springs, LLC 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 Lots 1 thru 87, Block 1; Lot 1, Block 2, Canyon Springs Preserve, less Lot 1 of Firehouse Subdivision and the "Nemo" Road right-of-way, formerly the unplatted portion of the S1/2 SE1/4 and NE1/4 SE1/4 of Section 22; SW1/4 of Section 23; and the NW1/4 NW1/4 of Section 26,T2N, R6E, BHM, Pennington County, South Dakota, legally described as a tract of land located in the S1/2 SE1/4 and NE1/4 SE1/4 of Section 22; SW1/4 of Section 23; and the NW1/4 NW1/4 of Section 26; T2N, R6E, BHM, Pennington County, South Dakota, located adjacent to the west side of Nemo Road.

29.             No. 06SV012 - A request by Sperlich Consulting, Inc. for Sharon Norman for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Old Folsom Road, the Section Line Highway(s), the collector street and Norman Ranch Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 4A, 4B and 5R of Judicial Lot 4; and Lots 6 thru 17, Norman Ranch Subdivision, Section 28, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lots 4 and 5 of Judicial Lot 4 of Norman Ranch Subdivision; the N1/2 SW1/4; the NW1/4 SE1/4 lying southwest of Old Folsom Road less the south 99 feet of NW1/4 SE1/4; the N1/2 N1/2 SE1/4 SW1/4; the W1/2 SW1/4 SW1/4; the N1/2 NE1/4 SW1/4 SW1/4; the west 220 feet of the S1/2 NE1/4 SW1/4 SW1/4; and the west 220 feet of SE1/4 SW1/4 SW1/4; all located in Section 28, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Highway 79 and Old Folsom Road.

30.             No. 06SV014 - A request by Fisk Land Surveying for Tom Pitman 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 curb, gutter, sidewalk, street light conduit and sewer, and to reduce the pavement width from 27 feet to 21.5 feet along Spring Canyon Trail as per Chapter 16 of the Rapid City Municipal Code as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2, Pitman Subdivision, formerly all of Lot 5, less the east 25 feet, located in the NW/14 NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 5, less the east 25 feet, located in the NW/14 NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at 7919 Spring Canyon Trail.

31.             No. 06SV017 - A request by Davis Engineering for Bernita White for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water and sewer along Airport Road and Aviation Road as it abuts the subject property as per Chapter 16.16 of the Rapid City Municipal Code on Lots A1 and A2 of Bar P-S Subdivision, formerly Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, located adjacent to the southwest curve of North Airport Road.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 32-81

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

Public Request for Removal of Items from Consent Calendar

Request of Council Members to Remove items from the Consent Calendar

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Set for Hearing (None)

Public Works Committee Consent Items

32.             Direct Parks and Recreation staff to prepare a recommendation on forming a committee to address urban wildlife. 

33.             No. PW042506-17 Proceed with the installation of a guardrail on Harmony Heights Lane; and award an Informal Quote J.H. Hilt Engineering, Inc. for an amount not to exceed $5,112.80, identifying the funding source as the road maintenance funds. 

34.             No. PW042506-15 Acknowledge the ADA Transition Plan Update report

35.             No. PW042506-18 Award an Informal Quote to United Rentals Highway Technologies for traffic control on West Boulevard Railroad Reconstruction Project MIP06-1577; CIP #50642 for an amount not to exceed $4,750.00. 

36.             No. CC041706-02 Approve the bid award of the 2006 Mill and Overlays, Various Locations Project No.  ST06-1570; CIP #50549, opened April 17, 2006 to the lowest responsible bidder meeting specifications, Hills Materials Company for the low unit prices bid, for a total contract amount of  $421,970.00. 

37.             No. PW042506-02 Approve Change Order No. 1F for Water Treatment Plant Re-roof Project No. WTP05-1525 to Black Hills Roofing Company for an increase of $674.20. 

38.             No. PW042506-03 Authorize staff to advertise for bids for 32nd St. United Field Drainage Project No. DR01-1144; CIP # 50610. 

39.             No. PW042506-04 Authorize staff to advertise for bids for 42” Trunk Sewer Siphons Rehabilitation Project No. SS05-1544; CIP #50327. 

40.             No. PW042506-05 Authorize staff to advertise for bids for Willsie Avenue Area Watermain Reconstruction Project No. W03-1310; CIP #50471. 

41.             No. PW042506-06 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with American Engineering Testing to perform geotechnical investigations for various City projects, Project No. ST06-1576; CIP #50592 for an amount not to exceed $20,000.00. 

42.             No. PW042506-07 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with American Technical Services, Inc. to perform materials testing investigations for various City projects, Project No. ST06-1575; CIP #50591 for an amount not to exceed $20,000.00. 

43.             No. PW042506-08 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with FMG, Inc. to perform pavement coring testing investigations for various City projects, Project No.ST06-1574; CIP #50637 for an amount not to exceed $20,000.00. 

44.             No. PW042506-09 Authorize the Mayor and Finance Officer to sign a Right-of-Way agreement with Christopher Horlock for South Dakota Department of Transportation Creek Drive Bridge Replacement Project No. BRO 8052 (56) PCN H100. 

45.             No. PW042506-10 Authorize the Mayor and Finance Officer to sign Amendment No. 1 to a Professional Services Agreement with Advanced Engineering & Surveying, LLC for 6th Street and Hillcrest Drive Water Main Extension Project No. W05-1521; CIP #50614 for an amount not to exceed $3,100.00. 

46.             No. PW041106-17 Allow a 60-day timeframe for installation of sidewalks in Northbrook Village Subdivision. 

47.             No. PW042506-16 Acknowledge the Harmony Lane safety issues report; and direct Code Enforcement to proceed with the recommendation relating to the hedgerow at the intersection of Harmony Lane and 32nd Street. 

48.             No. PW042506-11 Authorize the Mayor and Finance Office to sign a Memorandum of Understanding with FMLC, Inc. concerning the Right-of-Way for Mall Drive between March Avenue and East North Street.  

49.             No. 06VE007 A request by FMG Engineering for Bill Freytag to consider an application for a Vacation of Drainage Easement on Lot 10 of Block 4, CHMH Subdivision, located in the NW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Brooke Street and north of Northridge Drive. 

50.             No. PW042506-13 Approve a request by Ferber Engineering for authorization to prepare H-Lot(s) located in the NW1/4 and the SW1/4 of Section 29 and the NW1/4 of Section 30 all located in T2N, R8E, BHM, Rapid City, Pennington County on behalf of the City of Rapid City and authorize acceptance of deeds. 

51.             No. PW42506-14 Authorize the Mayor and Finance Officer to sign a Resolution Vacating Descriptive Plats Filed by Pennington County Prior to Annexation for Plat of LotH1-NE4 30-2-8; Plat of Lot H1-NW4 29-2-8, Plat of Lots H4, H5, H6-SW4 29-2-8, located in the SW1/4 of Section 29, T2N, R8E of the BHM, all located in Pennington County, South Dakota. 

52.             No. PW042506-12 Approve reimbursement of oversize costs to Century Resources, Inc. for Creek Drive DEV 05 – 751 (05PL147) in the amount of $16,978.99. 

Legal & Finance Committee Consent Items

53.             Authorize Mayor and Finance Officer to sign Space Lease Agreement with Rushmore Plaza Civic Center for Smart Growth Conference on May 2-3, 2006, in the approximate amount of $440; identifying funding from the Mayor/Council travel budget. 

54.             No. LF042606-03 Acknowledge Capital Improvements Program Committee monthly update for April, 2006. 

55.             No. LF042606-04 Approve 2006 Capital Plan for Streets, Drainage and MIP Projects for April, 2006. 

56.             Approve change in allocation of funds for the Government Buildings FY 2006 budget whereby funding for the Equipment Storage Building is increased to $513,981 and funding for the Golf Maintenance Facility is decreased to $0 and authorize the Parks and Recreation Director to reverse this allocation if needed. 

57.             Approve the Streets, Drainage, and MIP five-year plan for the years 2007 to 2010 and direct that funding for FY 2011 be added to the Mayor’s budget proposal. 

58.             No. LF042606-04C Approve the Government Buildings five-year plan for the years 2007 to 2011. 

59.             No. LF042606-04D Approve the Parks and Recreation five-year plan for the years 2007 to 2010 and direct that funding for FY 2011 be added to the Mayor’s budget proposal. 

60.             No. LF042606-04E Approve allocation of the Sports Facility Partnership Fund Grants for FY2006. 

61.             No. LF042606-05 Approve $320,000 for lower portion of southside trunk sewer from the .16 Utility Fund. 

62.             Direct staff to hang signage on the Caucus Room stating that the room is for Council members and staff use only during the Council meetings. 

63.             Change the signage for parking in the parking ramp from 6:00 a.m. to 4:00 p.m. 

64.             No. 06TI003 Approve a request by Wyss Associates for Web Real Estate Holding Co., LLC to consider an application for a Tax Increment District No. 47 Project Plan on Lot H1 of the SW1/4, Lot 1 of the SE1/4 SW1/4, the eastern most 402.4 feet of section line right-of-way in the SW1/4, all located in the SW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; the N1/2 SE1/4 less Walpole Heights Subdivision less Lot AB of the E1/2 SE1/4 and less Fairmont Boulevard dedicated right-of-way, Lots H1 and H2 of the SE1/4, Lots B and C of the SW1/4SE1/4, Lots A and B of the SE1/4 SE1/4, Lots H3, H4, H5, H6, H7 and H8 of the E1/2 SE1/4, and all of the section line right-of-way in the SE1/4 less that portion of section line right-of-way abandoned as recorded in Miscellaneous Book 54, Page 1976, all located in the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Lot H2 of the W1/2 SW1/4 less Lot X of the W1/2SW1/4, Lot H4 of the W1/2 SW1/4, and that portion of a 60 foot dedicated public right-of-way located between Tract 3R and 4R of Arches Addition in the SW1/4, all located in the SW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. 

65.             No. LF042606-20 Acknowledge the report regarding the City of Rapid City population estimates. 

66.             No. LF042606-07 Authorize the Mayor and Finance Office to sign the International Code Council Letter of Agreement for the 2003 IMC Fundamentals Seminar to be held in Rapid City on June 16, 2006 in an amount not to exceed $4,080.00. 

67.             No. LF042606-08 Approve a Resolution Declaring Property Surplus for the Growth Management and Police Departments. 

68.             No. LF042606-09 Authorize Mayor and Finance Officer to sign Licensing Agreement with Licensing Agency and Ergometrics and Applied Personnel Research, Inc. 

69.             Change the date for the first Council meeting in July from July 3, 2006, to July 5, 2006. 

70.             No. LF042606-10 Authorize the Mayor and Finance Officer to sign a Space Lease Agreement and Food and Beverage Contract with the Rushmore Plaza Civic Center for the Public Works Divisions Retreat on April 21, 2006 for an approximate amount of $416.88. 

71.             Recommend that the Council authorize placement of Randy Pellatz, City Engineer candidate at Grade 25, Step G. 

72.             Approve an Event Permit for the Rapid City Parks & Recreation Department and YMCA First Annual Triathlon. 

73.             No. LF042606-12 Authorize the Mayor and Finance Officer to sign a Contract with Rapid City Racers for use of Horace Mann Pool. 

74.             No. LF042606-14 Acknowledge Raffle Request for the Rapid City Area School District 51/4. 

75.             No. LF042606-15 Authorize the Mayor and Finance Officer to sign HUD Funding Approval and Agreement for the Community Development Block Grant funds for FY 2006 and to complete the direct deposit sign-up form. 

76.             No. LF042606-16 Approve an Amendment to the Five Year Consolidated Plan for 2003-2007 for the addition/change to high priority of seven activities and goal numbers. 

77.             No. LF042606-18 Approve abatement for Daniel L. Ostendorf in the amount of $965.04. 

78.             Approve the following licenses:  Gas Fitting Apprentice:  Thomas Thesing, William Peterson, and Shannon Salyers; Electrical Apprentice:  Ty Brown, John A Smith, John Diedrich, and Corey Burks; Electrical Journeyman:  Kendall Robinson and Brian DeMaro; Electrical Master:  Simon Eaton, Energy Electric; Mechanical Installer:  Troy Hastings, J Eric Haakedahl, and Ron Wagner; Mechanical Contractor:  Travis Powrie, Black Hills Power; Residential Contractor:  Damon Petters. 

Growth Management Department Consent Items

79.             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.

80.             No. 06PL040 - A request by Fisk Land Surveying for Tom Pitman for a Layout and Preliminary Plat on Lots 1 and 2, Pitman Subdivision, formerly all of Lot 5, less the east 25 feet, located in the NW/14 NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 5, less the east 25 feet, located in the NW/14 NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at 7919 Spring Canyon Trail.

81.             No. 06PL041 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Arvin and Carole Flesner for a Preliminary Plat on Lots 1 and 2 of Flesner Subdivision, formerly all of the balance of Tract A and Lot 1 of Tract A, all located in the NE1/4SE1/4, Section 12, T1N, R6E, BHM, Pennington County, South Dakota, legally described as all of the balance of Tract A and Lot 1 of Tract A, all located in the NE1/4SE1/4, Section 12, T1N, R6E, BHM, Pennington County, South Dakota, located at 6960 Nameless Cave Road.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

82.             Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled May 9, 2006 at the Black Hills Surgery Center, 216 Anamaria Drive

83.             Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled June 13, 2006 at the Black Hills Visitor Information Center, 1851 Discovery Circle

84.             Rapid City Fine Arts Center, Inc. for a special Wine License for an event scheduled May 12, 2006 at the Dahl Arts Center, 713 7th Street

85.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled June 8, 2006 at the Dahl Arts Center, 713 7th Street

86.             Unity of the Black Hills Church, 11012 Walnut Street, Piedmont, SD for a special Wine License for an event scheduled May 21, 2006 at home of Tony Diehl, 721 West Blvd.

87.             Tanya Tschakert dba Caffe Amore, 505 North 5th Street for a Package (Off-Sale) Liquor License

88.             Atlantis, LLC dba Watiki Indoor Water Park Resort / Fairfield Inn & Suites, 1314 North Elk Vale Road for a Retail (On-Off Sale) Malt Beverage License

89.             SCL, Inc. dba The Hall Inn, 214 East St. Joseph Street for a Retail (On-Off Sale) Malt Beverage License transfer from Stanley Kline dba The Hall Inn, 214 East St. Joseph Street

Set for Hearing (May 15, 2006)

Package (Off Sale) Malt Beverage License Renewal 2006-2007

90.             Kusler’s Conoco, Inc. dba Kusler’s Conoco, 701 East St. Patrick for a Package (Off sale) Malt Beverage License renewal

91.             Cigarette Chain, Inc. dba Cigarette Chain, 1903 North Maple Avenue for a Package (Off Sale) Malt Beverage License renewal

92.             James Barry Stoick dba Stoick’s, 203 Jackson Blvd. for a Package (Off Sale) Malt Beverage License renewal

Retail (On Off Sale) Malt Beverage License without Video Lottery, Renewal 2006-2007

93.             Guang Huan Huang dba Hunan Chinese Restaurant, 1720 Mt. Rushmore Road for a Retail (On Off Sale) Malt Beverage License without Video Lottery

Retail (On Off Sale) Malt Beverage License WITH Video Lottery, Renewal 2006-2007

94.             Entertainment, Inc. dba Nu Robbinsdale Casino, 803 East St. Patrick for a Retail (On Off Sale) Malt Beverage License with Video Lottery

95.             Ken-Ben, Inc. dba 8th Street Lounge, 2201 Mt. Rushmore Road for a Retail (On Off Sale) Malt Beverage License with Video Lottery

96.             Robbinsdale Rec Center, Inc. dba Robbinsdale Rec Center, 805 East St. Patrick for a Retail (On Off Sale) Malt Beverage License with Video Lottery

97.             The Retired Enlisted Association dba Chapter 29, 1981 East Centre Street for a Retail (On Off Sale) Malt Beverage License with Video Lottery

98.             Black Hills Food Services, Inc. dba Fuddruckers, 2200 North Maple Avenue (Rushmore Mall) for a Retail (On Off Sale) Malt Beverage License with Video Lottery

Retail (On Sale) Liquor License Transfer

99.             Fresch, Inc. dba Joe’s Place, 4302 South Hwy 79 for a Retail (On Sale) Liquor License transfer from Joe N. Crawford dba Smokin’ Joe’s #12, 4302 South Hwy 79

100.         Viper, LLC dba Quality Inn, 1902 LaCrosse Street for a Retail (On Sale) Liquor License transfer from Steven C. Lester dba Quality Inn / Reunion Lounge, 1902 LaCrosse Street

Retail (On-Off Sale) Malt Beverage License WITH Video Lottery Transfer

101.         Vernon D. Hellwig dba Chance’s, 110 Cambell Street, Suite E for a Retail (On-Off Sale) Malt Beverage License with video lottery transfer from Fuddruckers, 220 North Maple Avenue (Rushmore Mall)

Retail (On Off Sale) Malt Beverage License without Video Lottery

102.         SCL, Inc. dba The Hall Inn, 214 East St. Joseph Street for a Retail (On Off Sale) Malt Beverage License without Video Lottery

103.         Black Hills Food Services, Inc. dba Fuddruckers, 2200 North Maple Avenue (Rushmore Mall) for a Retail (On Off Sale) Malt Beverage License without Video Lottery

ITEMS FROM THE MAYOR

104.         2012 Report

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

FINANCE OFFICER’S ITEMS

BID AWARDS

105.         No. CC050106-02 Three (3) New Current Model Utility Vehicles for the Parks and Recreation Department (opened April 27, 2006)

106.         No. CC050106-02 Handheld, Mobile Two-Way Radios / Pagers, Various City Departments (opened April 27, 2006)

107.         No. CC050106-02 Ready Mixed Concrete, Various City Departments (opened April 27, 2006)

108.         No. CC050106-02 Hot Mixed Asphaltic Concrete, Various City Departments (opened April 27, 2006)

109.         No. CC050106-02 Transportation Natural Gas (opened April 27, 2006)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

110.         No. CC050106-01 Bill List for May 1, 2006

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

ADJOURN