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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

June 19, 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 June 5, 2006 and special Council of June 12, 2006

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for June 2006

2.                  Employee Awards for June 2006

3.                  Award & Recognition of Council member, Ray Hadley

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.

4.                  Presentation on the Performing Arts Center by Pat Wyss

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

5.                  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.

6.                  No. 06SV024 - A request by Centerline for Magheramore, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, water and sewer and to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 18, Darlington Estates, formerly a portion of the NE1/4 lying west of the Railroad right-of-way, located in the N1/2 NW1/4, Section 34, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 lying west of the Railroad right-of-way, located in the N1/2 NW1/4, Section 34, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Old Folsom Road and Lamb Road.

7.                  No. 06SV027 - A request by CETEC Engineering Services, Inc. for Park Hill Development, Inc. for a Variance to the Subdivision Regulations to waive the requirement to allow a lot twice as long as it is wide as per Chapter 16 of the Rapid City Municipal Code on Lots 18 thru 35 of Block 2;  Lots 14 thru 25 of Block 5; and the dedicated public right-of-way, Park Meadows Subdivision, located at the SW1/4 NE1/4 and the SE1/4 NE1/4, Section 7,  T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the SW1/4 NE1/4 and the unplatted balance of the SE1/4 NE1/4, less right-of-way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Smith Avenue.

8.                  Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water and sewer along Carol Street as it abuts the west 165 feet of the East 331.2 feet of Lot 12, Plateau Subdivision, located in the SW1/4 NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota. (06SV029)

9.                  No. 06SV029 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Carol Street; and to allow a lot twice as long as wide as per Chapter 16 of the Rapid City Municipal Code on Lots J and K of Lot 12, Plateau Subdivision, formerly the west 165 feet of the east 331.2 feet of Lot 12, Plateau Subdivision, located in the SW1/4 NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the west 165 feet of the east 331.2 feet of Lot 12, Plateau Subdivision, located in the SW1/4 NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 4753 Carol Street.

10.             No. 06VR003 - A request by Richard O. Stahl for a Vacation of Right-of-Way on South Street Right-of-way lying adjacent to  Lots 2A and 3A of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of South Street and West Street.

LEGAL & FINANCE COMMITTEE ITEMS

11.              Discuss the concept of downtown trolleys. 

12.             Authorize the City Finance Office to bring forward for review, the 2012 Cash Flow Analysis showing the outcome of reallocating funds from 2009 to 2008, as it relates to a multiple-phase downtown area improvement project.  (Continue to the June 28, 2006, Legal and Finance Committee meeting.)

PUBLIC WORKS COMMITTEE ITEMS

13.              Canyon Lake Park Roadway Improvements Project

GROWTH MANAGEMENT DEPARTMENT ITEMS

ORDINANCES & RESOLUTIONS

14.             No. LF061406-07 First Reading, Ordinance No. 5158 Amending the Procedure to Appeal an Order to Remove a Nuisance by Amending Section 8.16.050 of the Rapid City Municipal Code. 

15.             No. 06RZ016 – First Reading, Ordinance No. 5163, a request by Dream Design International, Inc. for a Rezoning from Low Density Residential District to General Commercial District on a parcel of land located in Section 24, T2N, R7E, more particularly described as follows: Commencing at the center of Section 24, travel a distance of 506.81 feet at a bearing of N89º48’44”W; Thence S00º10’09”W a distance of 399.73 feet to a point of beginning; Thence S89º49’51”E a distance of 173.34 feet; Thence S81º56’08”W a distance of 120.55 feet; Thence south a distance of 912.15 feet; Thence N89º46’02”W a distance of 56.73 feet; Thence N00º10’09”E a distance of 929.35 feet to the true point of beginning, located west of Haines Avenue and south of Kathryn Boulevard.

16.             No. 06RZ017 - First Reading, Ordinance No. 5164, a request by Dream Design International, Inc. for a Rezoning from Low Density Residential District to Medium Density Residential District on a parcel of land located in Section 24, T2N, R7E, more particularly described as follows: Commencing at the center of Section 24, travel a distance of 506.81 feet at a bearing of N89º48’44”W; Thence S00º10’09”W a distance of 399.73 feet to a point of beginning; Thence S00º10’09”W a distance of 929.35 feet; Thence N89º46’02”W a distance of 824.84 feet; Thence N00º28’58”E a distance of 1028.45 feet; Thence S89º49’51”E a distance of 588.91 feet; Thence S00º10’09”W a distance of 100.00 feet; Thence S89º49’51”E a distance of 230.30 feet to the true point of beginning, located west of Haines Avenue and south of Kathryn Boulevard.

17.             No. LF053106-28 Second Reading, Ordinance No. 5154 Amending the Procedure to Appeal an Order to Remove a Junked or Abandoned Vehicle by Amending Section 10.56.060 of the Rapid City Municipal Code and Adding Section 10.56.065 to the Rapid City Municipal Code. 

18.             No. 06RZ008 – Second Reading, Ordinance No. 5155, a request by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on property described by metes and bounds beginning at the west ¼ corner of Section 28, T2N, R8E, BHM, a found rebar and cap. Thence east along the east-west ¼ line a distance of 1050.14 Feet to the true point of beginning; Thence S00º05'52"E a distance of 400.02 Feet; Thence N89º53'17"E a distance of 1533.64 Feet; Thence N89º54'10"E a distance of 69.68 Feet; Thence N00º02'14"W a distance of 395.87 Feet to the center of Section 28, a found rebar and cap; Thence N89º57'47"W a distance of 1603.74 feet to the point of beginning. Containing 14.65 acres more or less., located at the northeast corner of the intersection of Dyess Avenue and Interstate 90 and at the eastern terminus of Mall Drive.

19.             No. 06RZ015 - Second Reading, Ordinance No. 5162, a request by Sperlich Consulting, Inc. for Signature Development for a Rezoning from General Agriculture District to Low Density Residential District on Lots 1 thru 7, Block 1 and Lots 1 thru 14, Block 2, Villaggio at Golden Eagle, formerly the unplatted portion of the E1/2 NW1/4 SE1/4, Section 22, T1N, R7E, located in the E1/2 NW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NW1/4 SE1/4, Section 22, T1N, R7E, located in the E1/2 NW1/4 SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Golden Eagle Drive and north of Catron Boulevard.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 20-41

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 July 5, 2006:

20.             No. 06CA012 - A request by Sean Doyle for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Area Future Land Use Plan to change the land use designation from Planned Residential Development with one dwelling unit per three acres to Low Density Residential on the NE1/4 NE1/4 SW1/4, less Tract 8R, Harmony Heights, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Vista Ridge Road.

21.             No. 06CA013 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the Elk Vale Neighborhood Area Future Land Use Plan to change the land use designation from General Commercial to Light Industrial on a portion of Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM,  Rapid City, Pennington County, South Dakota more particularly described as follows: Commencing, for location purposes only, at the Southwest corner of Section 28; Thence north, along the West line of Section 28 and the centerline of Dyess Avenue, a distance of 233.18 feet; Thence S89º43’30”E, a distance of 50.00 feet, to a ½ inch iron pipe found for the Southwest corner of Lot 1 of Starlite Subdivision on the East Right-of-way line of Dyess Avenue and the North Right-0f-way line of Eglin Street (a 100 foot wide public Right-of-way) for the Point of Beginning of the herein described tract; Thence North, along said East Right-of-way of Dyess Avenue and West line of Lot 1 of Starlite Subdivision, a distance of 349.83 feet to a point for corner; Thence S89º43’00” East, a distance of 850.15 feet, to the Easternmost Southeast corner of Lot 1 of Starlite Subdivision; Thence S53º09’39”W, a distance of 328.66 feet, to a corner of Lot 1 of Starlite Subdivision; Thence West, a distance of 80.08 feet, to a corner of Lot 1 of Starlite Subdivision; Thence South, a distance of 151.10 feet, to the Southernmost Southeast corner of Lot 1 of Starlite Subdivision on the North Right-of-way line of Eglin Street; Thence N89º43’30”W, along the North Right-of-way line of Eglin Street and South line of Lot 1 of Starlite Subdivision, a distance of 507.03 feet to the Point of Beginning and containing 5.036 acres, more or less, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

22.             No. 06CA014 - A request by Tim Carlson for DM&E Railroad Corp. for an Amendment to the Comprehensive Plan by revising the Long Range Comprehensive Plan to change the land use designation from Floodway to Light Industrial on DM&E Right-of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Third Street and Omaha Street.

23.             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.

24.             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.

25.             No. 06PL049 - A request by Davis Engineering, Inc. for a Preliminary Plat on Lots 2 thru 6 of Block 2; Lots 15 of Block 4; and, Lots 1, Lots 14 and 15 of Block 5, formerly a portion of  Tract F of the NW1/4, Section 14, T1N, R8E, Less Murphy Subdivision and less Murphy Ranch Estates and less Right-of-way, located in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4, Section 14, T1N, R8E, Less Murphy Subdivision and less Murphy Ranch Estates and less Right-of-way, located in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to Long View Road  between Colvin Street and Romel Drive.

26.             No. 06PL053 - A request by Centerline for Founders Park, LLC for a Preliminary Plat on Lots 1 and 2, Founders Park Subdivision, and the dedicated public right-of-way, formerly a portion of the W1/2 NW1/4 SE1/4; and  including Block 1, North Riverside Addition, located in SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 NW1/4 SE1/4; and  including Block 1, North Riverside Addition, located in SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Omaha Street and west of West Street.

27.             No. 06PL069 - A request by Patricia Jo Meredith for a Layout Plat on Lots 1 and 3, Meredith Subdivision, located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located northwest of the intersection of Pioneer Circle and Clarkson Road.

28.             No. 06PL070 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Preliminary Plat on Lots J and K of Lot 12, Plateau Subdivision, formerly the west 165 feet of the east 331.2 feet of Lot 12, Plateau Subdivision, located in the SW1/4 NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the west 165 feet of the east 331.2 feet of Lot 12, Plateau Subdivision, located in the SW1/4 NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 4753 Carol Street.

29.             No. 06PL071 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1A, 1B, 1C and 1D of Starlite Subdivision, formerly Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

30.             No. 06PL074 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Layout Plat on Lots 1 thru 5, Skyline Pines East, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 SE1/4, less Walpole Heights Subdivision, and less right-of-way, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Mount Rushmore Road and Tower Road.

31.             No. 06PL080 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 10 thru 17 of Lot 1, New Park Subdivision,  located in the NW1/4 SW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot 1 of New Park Subdivision, located in the NW1/4 SW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and south of Kathryn Avenue.

32.             No. 06RZ012 - A request by Sean Doyle for a Rezoning from General Agriculture District to Low Density Residential District on the NE1/4 NE1/4 SW1/4, less Tract 8R, Harmony Heights, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Vista Ridge Road.

33.             No. 06RZ013 - A request by Dream Design International, Inc. for a Rezoning from General Commercial District to Light Industrial District on a portion of Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM,  Rapid City, Pennington County, South Dakota more particularly described as follows: Commencing, for location purposes only, at the Southwest corner of Section 28; Thence north, along the West line of Section 28 and the centerline of Dyess Avenue, a distance of 233.18 feet; Thence S89º43’30”E, a distance of 50.00 feet, to a ½ inch iron pipe found for the Southwest corner of Lot 1 of Starlite Subdivision on the East Right-of-way line of Dyess Avenue and the North Right-0f-way line of Eglin Street (a 100 foot wide public Right-of-way) for the Point of Beginning of the herein described tract; Thence North, along said East Right-of-way of Dyess Avenue and West line of Lot 1 of Starlite Subdivision, a distance of 349.83 feet to a point for corner; Thence S89º43’00” East, a distance of 850.15 feet, to the Easternmost Southeast corner of Lot 1 of Starlite Subdivision; Thence S53º09’39”W, a distance of 328.66 feet, to a corner of Lot 1 of Starlite Subdivision; Thence West, a distance of 80.08 feet, to a corner of Lot 1 of Starlite Subdivision; Thence South, a distance of 151.10 feet, to the Southernmost Southeast corner of Lot 1 of Starlite Subdivision on the North Right-of-way line of Eglin Street; Thence N89º43’30”W, along the North Right-of-way line of Eglin Street and South line of Lot 1 of Starlite Subdivision, a distance of 507.03 feet to the Point of Beginning and containing 5.036 acres, more or less, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

34.             No. 06RZ014 - A request by Tim Carlson for DM&E Railroad Corp. for a Rezoning from Flood Hazard District to Light Industrial District on DM&E Right-of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Third Street and Omaha Street.

35.             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.

36.             No. 06SV028 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along Eglin Street and to waive the requirement to install curb, gutter, sidewalk, street light conduit and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Block 2, LaGrand Subdivision, located in the E1/2 NE1/4, Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the E1/2 NE1/4, Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on North Elk Vale Road and Eglin Street.

37.             No. 06SV030 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Fairmont Boulevard and to waive the requirement to install curb, gutter, sidewalk, street light conduit and to reduce right-of-way width from 52 feet to 49 feet and to reduce pavement width from 27 feet to 24 feet along Pevans Parkway as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 5, Skyline Pines East, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 SE1/4, less Walpole Heights Subdivision, and less right-of-way, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Mount Rushmore Road and Tower Road.

38.             No. 06SV031 - A request by Patricia Jo Meredith for a Variance to the Subdivision Regulations to waive the requirement to install, curb, gutter, street light conduit, sidewalk, pavement and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 3, Meredith Subdivision, located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at 7601 Pioneer Circle.

39.             No. 06SV033 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1A, 1B, 1C and 1D of Starlite Subdivision, formerly Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

40.             No. 06VE013 - A request by Arthur W. Janklow for a Vacation of Access Easement and Vacation of Utility and Drainage Easement on Tract C of Lot B, located in the NE1/4 NW1/4, less Pengra Subdivision, Section 17, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4835 Sturgis Road.

Continue the following items until August 7, 2006:

41.             No. 05VR014 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Vacation of Section Line Highway on that portion of the statutory Section Line Right-of-Way lying in the NE1/4, SE1/4, Section 13, T2N, R7E, and that portion of the statutory Section Line Right-of-Way, lying in Tract 5, Sletten Addition, located in the NW1/4, SW1/4, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the north to east curve of West Nike Road.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 42-96

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

Public Request for Removal of Items from Consent Calendar

Request of Council Members to Remove items from the Consent Calendar

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Set for Hearing (None)

Public Works Committee Consent Items

42.             No. PW061306-01 Approve a request by Fisk Land Surveying & Consulting Engineers, Inc. on behalf of Thomas Collins and William Blickensderfer (owners) for authorization to prepare an H-Lot located in South 237 feet of Lot 5 of the NW1/4 NE1/4 of Section 3, T1N, R7E, BHM, (aka Harter Tract) Rapid City, Pennington County, South Dakota on behalf of the City of Rapid City and authorized acceptance of deed. 

43.             No. PW061306-02 Approve a request by Founders Park LLC to allow the construction of two temporary cul-de-sacs at the western terminus of West Chicago Street and West Philadelphia Street, respectively, on City property legally described as Tract 18 and the vacated West Street Right-of-way located adjacent to Tract 18, Rapid City Greenway Tract, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, with the stipulation that prior to any construction of the turnarounds on public golf and park right of way or property the developer shall coordinate the full detail and scope of the project with the Parks and Recreation Director or his designee, and work will only commence once each party is satisfied with the detail and scope. 

44.             No. PW061306-13 Approve the changes to City of Rapid City’s Standard Specifications for Public Works as recommended by the Council Development Committee. 

45.             No. PW061306-14 Approve a Resolution Establishing a Formal Warranty Process for Subdivision Improvements as presented by the Council Development Committee. 

46.             Add ADA curb cuts at the intersection of Elm Avenue and East Indiana Street; and add improvements to the Miscellaneous Improvements Project list to be completed as soon as possible. 

47.             Acknowledge the ADA Compliance report. 

48.             No. PW061306-03 Approve Change Order No. 1F for Miscellaneous Improvements 2005 Project No. MIP05-1479; CIP No. 50298 and 50599 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $15,628.30. 

49.             No. PW061306-04 Approve Change Order No. 1 for East Saint Charles Street Water Main Extension Project No. W05-1476; CIP No. 50585 to Grizzly Excavation, Inc. for an increase of $512.53.

50.             No. PW061306-05 Approve Change Order No. 1F for Lemmon Avenue Reconstruction, Adams Street to Van Buren Street, Project No. ST05-1437; CIP #50120 to Highmark, Inc. for a decrease of $16,734.25. 

51.             No. PW061306-06 Authorize staff to advertise for bids for Miscellaneous Improvements Project No. MIP06-1541; CIP #50298. 

52.             No. PW061306-07 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with ARC International for the design and construction administration of 2006 Roof Replacement Project No. IDP06-1546; CIP #50098 for an amount not to exceed $24,700.00. 

53.             No. PW061306-08 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with American Engineering Testing, Inc. for Soil Sampling at the Rapid City Water Reclamation Facility for an amount not to exceed $4,403.30. 

54.             No. PW061306-09 Authorize the Mayor and Finance Officer to sign the grant application and associated paper work for EPA Special Purpose Grant for Utility System Master Plan, Project No. PW05-1447. 

55.             No. PW061306-10 Authorize the Mayor and Finance Officer to sign amendment No. 1 to the Professional Services Agreement with enVision Design, Inc. for Franklin Street Reconstruction Project No. ST04-1363 for an amount not to exceed $5,305.00. 

56.             No. PW061306-11 Authorize staff to solicit Request for Proposals for Engineering Services for West Chicago Street Roadway Lighting from 44th Street to Sturgis Road Project ST06-1560, CIP #50366. 

57.             No. PW061306-12 Approve a resolution fixing time and place for hearing on July 17, 2006 on Assessment Roll for Block 3 & 4 Rushmore Street Paving (Schamber Addition) Project No. ST06-1533. 

58.             No. PW053006-20 Approve a request to order in sidewalks on the north side of Corral Drive from Park Drive to 3960 Corral Drive. 

Legal & Finance Committee Consent Items

59.             No. LF061406-24 Confirm appointment of Dr. Patricia Fallbeck to the RSVP Advisory Board. 

60.             No. LF061406-25 Confirm appointment of Gary Brown, Dennis Landguth and Pete Anderson  to the Planning Commission. 

61.             No. LF061406-26 Confirm appointment of Deb Hadcock, John Brewer and a United Downtown representative to the City Center Revitalization Task Force. 

62.             Authorize staff to advertise for bids for cardiac monitors for the ambulance service and various City departments at a total cost of $331,090 to be paid through a three-year lease/purchase plan. 

63.             Declare a 2003 F35 Ford pickup with 2,605 miles as surplus property. 

64.             No. LF061406-01 Approve a minor plat procedure sheet to reflect addition of Item #4- one 8 1/2” x 11” copy of proposed plat under materials and actions required of the petitioner. 

65.             No. LF061406-23 Acknowledge location of trees south of Lakota Community Homes by Geld, LLC per the Tax Increment District No. 36 Project Plan. 

66.             No. 06AN001 Approve a request to correct Resolution Annexation of a parcel of land located in the NE1/4 NE1/4, SE1/4 NE1/4, NE1/4 SE1/4, SE1/4 SE1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota approved May 15, 2006. 

67.             No. LF061406-02 Approve renewal of stop loss coverage and vendors for the City employees' Health Care Plan. 

68.             No. LF061406-03 Authorize the Mayor and Finance Officer to sign Contract with Cardinal Tracking for hardware and software to provide a new parking enforcement system at an estimated cost of $55,399.  

69.             Set a Special Council meeting for Thursday, June 22, 2006 at 12:30 p.m. for the purpose of canvassing run-off election results. 

70.             No. LF061406-04 Approve Travel Request for Kane Messer and Mike Leech to attend STAR Maintenance School in Monticello, MN, October 2-5, 2006, in an approximate amount of $1,910. 

71.             No. LF061406-05 Approve proposal to prepare New Haines Avenue Park Master Plan and Authorize the Mayor and Finance Officer to sign an Addendum with Wyss Associates, Inc. to prepare New Haines Avenue Park Master Plan for an amount not to exceed $9,250 plus direct expenses not to exceed $500. 

72.             No. LF061406-06 Approve proposal for design services for playground improvements at Scott Mallow Park and authorize the Mayor and Finance Officer to sign an Addendum with Wyss Associates, Inc. for an amount not to exceed $25,900 plus direct expenses not to exceed $500, and a topographic survey for an amount not to exceed $3,200. 

73.             No. LF061406-08 Authorize the Mayor and Finance Officer to sign Amendment No. 1 to Park Concession Agreement Canyon Lake between City of Rapid City and Derby Advertising, d/b/a Canyon Lake Resort. 

74.             No. LF061406-09 Approve Travel Request for Kevin Lewis to attend ALI-ABA Land Use Institute, Planning, Regulation, Litigation, Eminent Domain & Compensation Seminar in Chicago, IL, August 16-19, 2006, in an approximate amount of $2,732. 

75.             No. LF061406-10 Authorize the Mayor and Finance Officer to sign License Agreement – Local Government Entities with American Society of Composers, Authors and Publishers. 

76.             No. LF061406-11 Authorize the Mayor and Finance Officer to sign SESAC Performance License for Municipalities. 

77.             No. LF061406-12 Acknowledge raffle request from South Dakota Elks Association to hold raffle on October 7, 2006. 

78.             No. LF061406-13 Acknowledge raffle request from Muscular Dystrophy Association to hold raffle on August 12, 2006. 

79.             No. LF061406-14 Authorize the Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Court Appointed Special Advocates Program (CASA) for an amount not to exceed $3,335. 

80.             No. LF061406-15 Authorize the Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Catholic Social Services for an amount not to exceed $7,500. 

81.             No. LF061406-16 Authorize the Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Cornerstone Rescue Mission for an amount not to exceed $100,000. 

82.             No. LF061406-17 Authorize the Mayor and Finance Officer to sign the City of Rapid City Indenture of Restrictive Covenants between the City of Rapid City and the Cornerstone Rescue Mission. 

83.             No. LF061406-18 Authorize the Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Behavior Management Systems (BMS) for an amount not to exceed $24,000. 

84.             No. LF061406-19 Authorize the Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Dakota Plains Legal Services for an amount not to exceed $5,500. 

85.             No. LF061406-20 Authorize the Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Rapid City Community Development Corporation (RCCDC) for an amount not to exceed $80,000. 

86.             No. LF061406-21 Authorize the Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Bethel Assembly of God for an amount not to exceed $25,000. 

87.             No. LF061406-22 Authorize the Mayor and Finance Officer to sign the City of Rapid City Indenture of Restrictive Covenants between the City of Rapid City and Bethel Assembly of God. 

88.             Approve the following licenses:  Residential Contractor:  Charles Schaaf, I-90 Remodel; Mechanical Apprentice:  Joshua Davis, Jared Chilstrom, Daniel Strot, Paul Conrad, William Peterson, Thomas J Thesing, and Shannon Salyers; Refuse Collection:    Fish Garbage Services, Inc., Clifford J Fish; Sewer and Water Journeyman License:  Marc Zeller. 

Growth Management Department Consent Items

89.             No. 06PL046 - A request by Boschee Engineering for Dr. Don Oliver for a Layout Plat on Lots 1 thru 6, Oliver Subdivision, formerly the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at 23657 Wilderness Canyon Road.

90.             No. 06PL060 - A request by D. C. Scott Surveyors, Inc. for Doug Pokorney for a Layout Plat on Lots 1 and B of Block 55 of the Amended Plat of the Mahoney Addition, formerly Block 55 of the Amended Plat of Mahoney Addition, less the south 8.5 feet thereof, located in the SW1/4 SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 55 of the Amended Plat of Mahoney Addition, less the south 8.5 feet thereof, located in the SW1/4 SE1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 222 Doolittle Street.

91.             No. 06PL061 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 4 of Block 4, Black Hills Center, located in the NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion located in the NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern corner of Parkview Drive and Fifth Street.

92.             No. 06PL062 - A request by CETEC Engineering Services, Inc. for Park Hill Development, Inc. for a Preliminary Plat on Lots 18 thru 35 of Block 2;  Lots 14 thru 25 of Block 5; and the dedicated public right-of-way, Park Meadows Subdivision, located at the SW1/4 NE1/4 and the SE1/4 NE1/4, Section 7,  T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the SW1/4 NE1/4 and the unplatted balance of SE1/4 NE1/4, less right-of-way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Smith Avenue.

93.             No. 06PL064 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 and 2 of Block 2, LaGrand Subdivision, located in the E1/2 NE1/4, Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the E1/2 NE1/4, Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on North Elk Vale Road and Eglin Street.

94.             No. 06PL072 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 7 of Tract B, Lots 8 thru 9 of Tract A, McMahon Subdivision;  located in  the NE1/4 SW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A & B of McMahon Subdivision, located in the NE1/4 SW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and south of Kathryn Avenue.

95.             No. 06PL073 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 1, Block 1, Fifth Street Office Plaza, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of Parkview Drive and Fifth Street.

96.             No. 06PL075 - A request by Stoney Creek Development Corp. for Boschee Engineering for a Preliminary Plat on Tract BD, Stoney Creek South Subdivision, and the minor drainage easement located in the unplatted portion of the N1/2 NW1/4 SW1/4, lying south of Catron Boulevard; and a portion of S1/2 NW1/4 SW1/4, less Stoney Creek South Subdivision, all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 NW1/4 SW1/4, lying south of Catron Boulevard; and a portion of S1/2 NW1/4 SW1/4, less Stoney Creek South Subdivision, all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Bendt Drive and Catron Boulevard.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

97.             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 with Video Lottery

98.             Two Lefties’ and Pancho’s Mexican Grill, LLC dba Panchero’s Mexican Grill, 1221 West Omaha Street for a Retail (On-Off Sale) Malt Beverage license without Video Lottery

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

99.             ETS, Inc. dba Berry Patch Campground, 1860 East North Street for a Package (Off-Sale) Malt Beverage License

100.         Mini Mart, Inc. dba Mini Mart #443, 3106 West Main Street for a Package (Off-Sale) Malt Beverage License

101.         Mini Mart, Inc. dba Mini Mart #444, 1627 Mt. Rushmore Road for a Package (Off-Sale) Malt Beverage License

102.         Mini Mart, Inc. dba Mini Mart #447, 1601 North Haines Avenue for a Package (Off-Sale) Malt Beverage License

103.         Mini Mart, Inc. dba Mini Mart #451, 4260 Canyon Lake Drive for a Package (Off-Sale) Malt Beverage License

Retail (On/Off Sale) Malt Beverage License No Video Lottery Renewal 2006-2007

104.         Khoury’s Mediterranean Cuisine, Inc. dba Khoury’s Mediterranean Cuisine, 2520 West Main for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

105.         Mary Jane or Oliver Freimark dba Embers Bar B Q, 5412 South Hwy 16 for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

106.         Dan Trieu Ly dba Golden Fortune, 1204 East North Street for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

107.         NPC International, Inc. dba Pizza Hut #2776, 2604 West Main for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

108.         S & Y, Inc. dba The Golden Phoenix, 2421 West Main for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

109.         Ristorante Marsala, LLC dba Ristorante Marsala, 609 Main Street 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

110.         Angies, Inc. dba Angie’s, 1028 East North Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

111.         High Plains Securities dba Down Under Sports Bar (inactive), 504 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

Package (Off-Sale) Liquor License

112.         Orris Enterprises, Inc. dba Vino 100, 520 7th Street, Suite 520 for a Package (Off-Sale) Liquor License

Special Wine License

113.         Black Hills Heritage Festival for a special Wine License for an event scheduled July 1, 2006 in Memorial Park

114.         Rapid City Regional Hospital Foundation for a special Wine License for an event scheduled June 30, 2006 at The Golf Club at Red Rock, 6520 Birkdale Drive

Set for Hearing (July 5, 2006)

Retail (On/Off Sale) Malt Beverage License No Video Lottery Renewal 2006-2007

115.         Black Hills Food Services, Inc. dba Fuddruckers, 2200 N. Maple Avenue (Rushmore Mall) 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

116.         SCL, Inc. dba The Hall Inn, 214 East St. Joseph Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

ITEMS FROM THE MAYOR

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

117.         Council meeting start times and frequency, Aldermen Kooiker, Schumacher

118.         Dial-a-Ride issues, Alderman Kooiker

FINANCE OFFICER’S ITEMS

BID AWARDS

119.         No. CC061906-02 Lemmon Avenue Reconstruction - Van Buren Street to College Avenue Project No.  ST05-1438 / CIP No. 50120 (opened June 13, 2006)

120.         No. CC061906-02 East Saint Patrick Street Water Main Abandonment and Concrete Panel Replacement Project No.  W06-1545 / CIP No. 50622 (opened June 13, 2006)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

121.         No. CC061906-01 Bill List for June 19, 2006

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

ADJOURN