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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

August 7, 2006 - 6:30 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 July 17, 2006 and Information Committee meeting of July 19, 2006

ADOPTION OF THE AGENDA

EXECUTIVE SESSION

AWARDS AND RECOGNITIONS

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

1.                  No. CC080706-03 Sign Ordinance Appeal by Bradsky West Boulevard Corporation, for a sign, 927 Main Street (corner of Main and West Boulevard) described as Lots 13 thru 16, Block 81, Original Town, Rapid City, Pennington County, South Dakota

2.                  No. 06FV007 – Deny a request by Melissa M. Stetser to consider an application for a Fence Height Exception to allow a six foot fence height in the front yard setback on Lot 12, Block 15, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 5029 Elmer Street.

3.                  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.

4.                  Authorize 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, sewer and additional pavement along SD Highway 44 as it abuts the subject property. (06SV034)

5.                  No. 06SV034 - A request by Rob Livingston for James W. Peterson to consider an application for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Blake Lane; to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and additional pavement along SD Highway 44; and, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the 49 foot wide access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 15, and common Lot 1, Black Estates, formerly Tract A of Government Lots 1 and 2, Section 18, T1N, R7E, BHM,  Pennington County, South Dakota, legally described as Tract A of Government Lots 1 and 2, Section 18, T1N, R7E, BHM,  Pennington County, South Dakota, more generally described as being located at 6620 West Highway 44.

6.                  No. 06SV035 - 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, additional pavement, additional right-of-way and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3, Seljeskog Subdivision, located in the SE1/4 NE1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land described as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4 NE1/4; NW1/4 NE1/4 NE1/4 SE1/4; NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2151 Skyline Ranch Road.

7.                  No. 06SV037 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to reduce the Right-of-Way width from 45 feet to 20 feet; and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot 6, Block 19, Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6, Block 19, Red Rock Estates, located in the NE1/4 SE1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6901 Ainsdale Court.

8.                  No. 06SV041 - A request by Sperlich Consulting, Inc. for Lifestyle Homes for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Reservoir Road; and a Variance to the Subdivision Regulations to reduce the pavement width along Reservoir Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 6A, 6B, 8A & 8B, Block 18, Trailwood Village, formerly Lots 6 and 8, Block 18, Trailwood Village, located in the E1/2 SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 6 and 8, Block 18, Trailwood Village, located in the E1/2 SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located between Savannah Street and Reservoir Road and south of Mercury Drive.

9.                  No. 06SV042 - A request by CETEC Engineering, Inc. for Park Hill Development, Inc. for a Variance to the Subdivision Regulations to allow a lot twice as long asit is wide as per Chapter 16 of the Rapid City Municipal Code on Lots 18 thru 35, Block 2; and Lots 14 thru 25, Block 5; and the dedicated public Right-of-Way, Park Meadow Subdivision, located in the SW1/4 NE1/4, SE1/4 NE1/4, less the Right-of-Way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the SW1/4 NE1/4, SE1/4 NE1/4, less the Right-of-Way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Smith Avenue.

10.             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 Crane Drive as it abuts Lot 6, Pleasant View Subdivision, located in the SE1/4 SE1/4, Section 11, T1N, R8E, BHM, Pennington County, South Dakota. (06SV043)

11.             No. 06SV043 - A request by D. C. Scott Surveyors, Inc. for William M. Jobgen for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer, and planting screen easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Lot 6, Pleasant View Subdivision, located  in the SE1/4 SE1/4, Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6, Pleasant View Subdivision, located in the SE1/4 SE1/4, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 3009 Crane Drive.

12.             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 the southern section line as it abuts a parcel of land located in the W1/2 W1/2 SW1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota. (06SV044)

13.             No. 06SV044 - 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 pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2, Block 1, Buehner Subdivision, located in the W1/2 W1/2 SW1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the W1/2 W1/2 SW1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at the terminus of Limelight Lane.

14.             No. 06VR006 - A request by Centerline, Inc. for PLM Development, LLC for a Vacation of Section Line Highway on the Section Line highway located adjacent to SW1/4 SW1/4, Section 13, T1N, R7E; and adjacent to the NW1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Minnesota Street and west of Fifth Street.

LEGAL & FINANCE COMMITTEE ITEMS

15.             Authorize up to $10,000 from CIP Contingency to Remove a Retaining Wall on East Boulevard at New York Street to Surface Grade without Replacing with Curb and Gutter

16.             No. LF080206-10 - Approve Travel Request for Detective Stephen Neavill, Captain Allender, Captain Hofkamp, and Sergeant Senesac to Attend MOCTC Annual Conference in Wichita, Kansas, August 20-25, 2006, in an Approximate Amount of $2,934

17.             No. 03TI004 - A request by Centerline for A/R Group to consider an application to reallocate contingency funds from the Tax Increment District #39 - Revised Project Plan on Tract 1 of Century “21” Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H2 of Lot 3 & Lot H3 of Lot 3 all of the SW1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3 and H4 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the S1/2NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H7 of the S1/2NW1/4 located south and east of the highway excepting therefrom Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H8 and the balance of Lot H5 all located in the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Tract A of the SE1/4NW1/4 and SW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 of the NE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the N1/2NE1/4 as recorded on Plat of Lot H1 of the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the NW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot “Z” showing a tract of land to be abandoned in a portion of Lot H3 in the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H3 in the N1/2NE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Century Road, north and west of E. North Street and south of the railroad right-of-way and I-90 Exit 60

18.             No. LF080206-22 - Lease Agreement for Mobile Bleachers

19.             No. LF080206-26 – A Resolution Declaring Property Surplus

20.             No. LF080206-31 – Authorize Mayor and Finance Officer to Sign a Local Government Entity Authorized User Agreement and a Letter Accepting the Proposal with Verizon Wireless for Cellular Phone Service

PUBLIC WORKS COMMITTEE ITEMS

21.             No. PW062706-18 Authorize the Mayor and Finance Officer to sign a Sewer Service Agreement with Prairie Fire Development to allow the extension of sewer services to Prairie Fire Development (continued from the July 5, 2006 Council meeting)

22.             No. PW080106-03 - East Franklin Street Sanitary Sewer Assessment

23.             No. PW080106-05 - Award an Informal Quote for Canyon Lake Park Road Improvements Project No. PR1596; CIP #50660 to the lowest responsible bidder, Heavy Constructors, Inc. in the amount of $19,693.72. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

24.             No. 06PL081 - A request by Rob Livingston for James W. Peterson to consider an application for a Layout Plat on Lots 1 thru 15, and common Lot 1, Black Estates, formerly Tract A of Government Lots 1 and 2, Section 18, T1N, R7E, BHM,  Pennington County, South Dakota, legally described as Tract A of Government Lots 1 and 2, Section 18, T1N, R7E, BHM,  Pennington County, South Dakota, more generally described as being located at 6620 West Highway 44.

ORDINANCES & RESOLUTIONS

25.             No. LF080206-27 - First Reading, Ordinance No. 5168 Regarding Supplemental Appropriation No. 4 for 2006

26.             No. LF080206-33 - First Reading, Ordinance No. 5174 Adopting A New Municipal Code by Amending Section 1.01.010 of the Rapid City Municipal Code

27.             No. 06RZ025 – First Reading, Ordinance No. 5175, a request by Lise Balk-King for a Rezoning from High Density Residential District to Neighborhood Commercial District on Lots 19 thru 24, Boulevard Addition, Block 3, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1011, 1015, 1019 and 1021 St. Joseph Street.

28.             No. 06RZ026 - First Reading, Ordinance No. 5176, a request by Frank Lawton for Executive Homes, Inc. for a Rezoning from No Use District to Low Density Residential District on a parcel of land located in the N1/2 NE1/4 SE1/4, Section 23, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Bunker Drive.

29.             No. LF071206-09 – Second Reading, Ordinance No. 5167 Allowing Department Directors to Execute Contracts on Behalf of the Municipality by Amending Chapter 3.04 of the Rapid City Municipal Code

30.             No. 06RZ013 – Second Reading, Ordinance No. 5160, 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.

31.             No. 06RZ022 - Second Reading, Ordinance No. 5171, a request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Office Commercial District on a Tract of land located in the NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. More particularly described as follows: Commencing at the east ¼ corner of Section 24, a found rebar and cap lying within Catron Boulevard and 5th Street right-of-way; Thence N00º08’32”E a distance of 792.68 feet, to a point on the northwest line of 5th Street right-of-way, this being the true point of beginning; Thence along the arc of a curve to the left whose radius points bears S70º24’32”W, having a radius of 1021.00 feet, a central angle of 24º32’43”and an arc length of 437.39 feet, to a point on the northwest line of 5th Street right-of-way; Thence N43º47’48”E a distance of 22.08 feet to a point on the northwest line of 5th Street right-of-way; Thence N46º58’06”W a distance of 12.18 feet to a point on the northwest line of 5th Street right-of-way and on the southeast line of Parkview Drive right-of-way; Thence N43º03’44”E a distance of 130.12 feet to a point on the east line of Parkview Drive right-of-way; Thence along the arc of a curve to the left whose radius points bears N46º56’16”W, having a radius of 638.00 feet, a central angle of 05º06’51” and an arc length of 56.95 feet to a point on the east line of Parkview Drive right-of-way; Thence S89º37’46”E a distance of 98.13 feet to a point lying on the east section line of Section 24; Thence S00º08’32”W along the east section line of Section 24, a distance of 530.61 feet to the point of beginning. Said Tract of land containing 1.45 acres, more or less, located east of the intersection of Fifth Street and Parkview Drive.

32.             No. 06RZ023 - Second Reading, Ordinance No. 5172, a request by Dream Design International, Inc. for a Rezoning from Low Density Residential District to Office Commercial District on a Tract of land located in the NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. More particularly described as follows: Commencing at the east ¼ corner of Section 24, a found rebar and cap lying within Catron Boulevard and 5th Street right-of-way; Thence N00º08’32”E a distance of 1323.29 feet, to a point lying on the east section line of Section 24, this being the true point of beginning; Thence N89º37’46”W a distance of 98.13 feet to a point lying on the southeast line of Parkview Drive right-of-way; Thence along the arc of a curve to the left whose radius points bears N52º03’07”W, have a radius of 638.00 feet, a central angle of 41º49’25” and an arc length of 206.66 feet to a point on the east line of Parkview Drive right-of-way and lying on the east section line of Section 24; Thence S00º08’32”W along the east section line of Section 24, a distance of 181.17 feet to the point of beginning. Said Tract of land containing 0.18 acres, more or less, located east of the intersection of Fifth Street and Parkview Drive.

33.             No. 06RZ024 - Second Reading, Ordinance No. 5173, a request by Dream Design International for a Rezoning from General Agriculture District to Low Density Residential District on Lots 4 thru 6, Block 19, Red Rock Estates, all located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6901 Ainsdale Court.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 34-69

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 August 21, 2006:

34.             No. 06AN003 - A request by Dream Design International, Inc. for a Petition for Annexation on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located Southeast of Elk Vale Road, northeast of Old Folsom Road and south of Elks Country Estates.

35.             No. 06CA018 - A request by Dream Design International for an Amendment to the Comprehensive Plan to change the land use designation from General Agriculture to Low Density Residential with a Planned Residential Development on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located Southeast of Elk Vale Road, northeast of Old Folsom Road and south of Elks Country Estates.

36.             No. 06CA021 - A request by FMG, Inc. for Bypass, LLC for an Amendment to the Comprehensive Plan by revising the Northeast Area Neighborhood Future Land Use Plan to change the land use designation from General Commercial with a Planned Commercial Development to Light Industrial on that part of the SW1/4 NE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at a 5/8” rebar with an aluminum survey cap at the center of Section 28, T2N, R8E, BHM; thence S89º48’22”E, 454.91 feet to a point on the east ¼ line of Section 28; thence N46º26’34”E, 535.17 feet to a point, said point being the intersection with a non-tangent curve; thence Northwesterly, 285.07 feet along a curve to the right, said curve having a radius of 717.59 feet, said curve having a chord bearing of N32º10’36”W, a chord distance of 283.20 feet, to a point, said point being the intersection of a non-tangent line; thence S48º44’38”W, 920.40 feet to a 5/8” rebar with an aluminum survey cap at the center of Section 28, T2N, R8E, BHM, at the point of beginning; all located within the SW1/4 NE1/4, Section 28, T2N, R8E, BHM. Said parcel containing 4.826 acres more or less, located north of Mall Drive and West of Elk Vale Road.

37.             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.

38.             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.

39.             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.

40.             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.

41.             No. 06PL082 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1, 2 and 3, Seljeskog Subdivision, located in the SE1/4 NE1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land described as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4 NE1/4; NW1/4 NE1/4 NE1/4 SE1/4; NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2151 Skyline Ranch Road.

42.             No. 06PL083 - A request by Dream Design International, Inc. for a Preliminary Plat on Lot 3 of Block 2, LaGrand Subdivision, located in the NE1/4 NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a Tract of land located in the NE1/4 NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Beginning at the northeast corner of Section 4; Thence along the north line of Section 4 S89º43’48”W a distance of 124.58 feet, to a found pin and cap marked “LS 6251”, the true point of beginning; Thence along the north line of Section 4 S89º46’10”W a distance of 541.59 feet, to a found pin and cap marked “LS 5680”; Thence S00º02’01”E a distance of 202.34 feet, to a found pin and cap marked “LS 6251”; Thence along the arc of a curve to the left whose radius points bears N13º38’28”E, having a radius of 925.00 feet, a central angle of 02º51’39” and an arc length of 46.19 feet; Thence N09º13’19”E a distance of 25.02 feet; Thence S80º46’41”E a distance of 50.00 feet; Thence S09º13’19”W a distance of 25.03 feet; Thence along the arc of a curve to the left whose radius points bears N07º40’58”E, having a radius of 925.00 feet, a central angle of 07º56’32” and an arc length of 128.22 feet; Thence N89º45’43”E a distance of 319.32 feet to a found pin and cap marked “LS 6251”; Thence N00º02’51”W a distance of 229.28 feet to the point of beginning. Said tract of land containing an area of 2.78 acres more or less, located at the northwest corner of the intersection of Elk Vale Road and East Anamosa Street.

43.             No. 06PL087 - A request by Centerline, Inc. for PLM Development, LLC for a Preliminary Plat on Lots 16 thru 35, Block 1; Lots 17 thru 38, Block 2; and Lots 1 thru 6 in Block 4, formerly a parcel of land located in the NW1/4, Section 24; and the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the NW1/4, Section 24; and the SW1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Minnesota Street and West of Fifth Street.

44.             No. 06PL090 - A request by Dream Design International for a Preliminary Plat on Lots 1 thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated Right-of-Way located in the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom Road.

45.             No. 06PL091 - A request by Dream Design International, Inc. for a Preliminary Plat on Tract J, McMahon Subdivision, located in the NE1/4 SW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of land located in the NE1/4 SW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and south of Kathryn Avenue.

46.             No. 06PL101 - A request by Sperlich Consulting, Inc. for Lifestyle Homes for a Preliminary Plat on Lots 6A, 6B, 8A & 8B, Block 18, Trailwood Village, formerly Lots 6 and 8, Block 18, Trailwood Village, located in the E1/2 SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 6 and 8, Block 18, Trailwood Village, located in the E1/2 SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located between Savannah Street and Reservoir Road and south of Mercury Drive.

47.             No. 06PL102 - A request by Centerline, Inc. for Rapid City Area School District for a Preliminary Plat on Lots 1 thru 6, Block 3, located in the NW1/4 NW1/4 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in NW1/4 NW1/4 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Fifth Street and Enchanted Pines Drive.

48.             No. 06PL104 - A request by D. C. Scott Surveyors, Inc. for William M. Jobgen for a Preliminary Plat on Lots 1 and 2 of Lot 6, Pleasant View Subdivision, located  in the S1/2 SE1/4, Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6, Pleasant View Subdivision, located in the S1/2 SE1/4, Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located at 3009 Crane Drive.

49.             No. 06PL106 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 and 2, Block 1, Buehner Subdivision, located in the W1/2 W1/2 SW1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the W1/2 W1/2 SW1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at the terminus of Limelight Lane.

50.             No. 06PL109 - A request by D. C. Scott Surveyors, Inc. for Doug Pokorney for a Preliminary Plat on Lots A and B, Block 55 of the amended Plat of Mahoney Addition, 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.

51.             No. 06RZ019 - A request by Dream Design International for a Rezoning from No Use District to Low Density Residential District on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located Southeast of Elk Vale Road, northeast of Old Folsom Road and south of Elks Country Estates.

52.             No. 06RZ020 - A request by Barbara Fierro for WellSpring, Inc. and Calvary Lutheran Church for a Rezoning from Medium Density Residential District to Office Commercial District on Lots 2 thru 15, 18 thru 23, 24 thru 34, Block 9, The Cottonwoods Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3402 Cottonwood Street.

53.             No. 06RZ021 - A request by FMG, Inc. for Bypass, LLC for a Rezoning from General Commercial District to Light Industrial District on that part of the SW1/4 NE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Commencing at a 5/8” rebar with an aluminum survey cap at the center of Section 28, T2N, R8E, BHM; thence S89º48’22”E, 454.91 feet to a point on the east ¼ line of Section 28; thence N46º26’34”E, 535.17 feet to a point, said point being the intersection with a non-tangent curve; thence Northwesterly, 285.07 feet along a curve to the right, said curve having a radius of 717.59 feet, said curve having a chord bearing of N32º10’36”W, a chord distance of 283.20 feet, to a point, said point being the intersection of a non-tangent line; thence S48º44’38”W, 920.40 feet to a 5/8” rebar with an aluminum survey cap at the center of Section 28, T2N, R8E, BHM, at the point of beginning; all located within the SW1/4 NE1/4, Section 28, T2N, R8E, BHM. Said parcel containing 4.826 acres more or less, located north of Mall Drive and West of Elk Vale Road.

54.             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.

55.             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.

56.             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.

57.             No. 06SV032 - A request by Robert and Jeanine Nikolas for a Variance to the Subdivision Variance 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 21A, 21B and 21C of Block 2, Moon Meadows Estates, formerly Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, located at 4265 Moon Meadows Drive.

58.             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.

59.             No. 06SV036 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks, street light conduit along East Anamosa Street; and, to waive the requirement to install curb, gutter, and sidewalks along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 3 of Block 2, LaGrand Subdivision, located in the NE1/4 NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a Tract of land located in the NE1/4 NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: Beginning at the northeast corner of Section 4; Thence along the north line of Section 4 S89º43’48”W a distance of 124.58 feet, to a found pin and cap marked “LS 6251”, the true point of beginning; Thence along the north line of Section 4 S89º46’10”W a distance of 541.59 feet, to a found pin and cap marked “LS 5680”; Thence S00º02’01”E a distance of 202.34 feet, to a found pin and cap marked “LS 6251”; Thence along the arc of a curve to the left whose radius points bears N13º38’28”E, having a radius of 925.00 feet, a central angle of 02º51’39” and an arc length of 46.19 feet; Thence N09º13’19”E a distance of 25.02 feet; Thence S80º46’41”E a distance of 50.00 feet; Thence S09º13’19”W a distance of 25.03 feet; Thence along the arc of a curve to the left whose radius points bears N07º40’58”E, having a radius of 925.00 feet, a central angle of 07º56’32” and an arc length of 128.22 feet; Thence N89º45’43”E a distance of 319.32 feet to a found pin and cap marked “LS 6251”; Thence N00º02’51”W a distance of 229.28 feet to the point of beginning. Said tract of land containing an area of 2.78 acres more or less, located at the northwest corner of the intersection of Elk Vale Road and East Anamosa Street.

60.             No. 06SV039 - A request by Dream Design International for a Variance to the Subdivision Regulations to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 5 of Block 1, Lots 1 thru 10 of Block 2, Lots 1 thru 4 of Block 3, Lots 1 and 26 of Block 6, Lot 1 of Block 7, Lots 1 and 36 thru 41 of Block 8, Lots 1 thru 11 of Block 9, Lots 1 thru 13 of Block 10, Lots 1 thru 30 of Block 11 and Lot A and Lots 1 thru 23 of Block 12 and Dedicated Right-of-Way located in the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom Road.

61.             No. 06SV040 - A request by Davis Engineering, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, sewer and pavement along Longview Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2 thru 7 of Block 2; Lots 15 of Block 4; and, Lot 1, Lots 13, 14 and 15 of Block 5; and Lots 1 and 2 of Block 6 of Murphy Ranch Estates Subdivision, located in the NW1/4, Section 14, T1N, R8E, 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.

62.             No. 06SV045 - A request by D. C. Scott Surveyors, Inc. for Doug Pokorney for a Variance to the Subdivision Regulations to waive the requirement to inistall pavement, curb, gutter, sidewalk, street light conduit, water and sewer; and to waive the requirement to provide a planting screen easement as per Chapter 16.16 of the Rapid City Municpal Code on Lots A and B, Block 55 of the amended Plat of Mahoney Addition, 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.

63.             No. 06VE014 - A request by James S. Steele Construction, Co., Inc. for a Vacation of Utility Easement on Lot 4, Steele Subdivision, located in the NW1/4, SE1/4, and NE1/4 SE1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2944 Evergreen Drive.

64.             No. 06VR004 - A request by Ferber Engineering Company, Inc. for FMLC, Inc. for a Vacation of Mall Drive H-Lot on East Mall Drive Right-of-Way, located in the SE1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on East Mall Drive.

Continue the following items until September 5, 2006:

65.             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.

66.             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.

67.             No. 06PL086 - A request by Renner & Associates for Andrea K. Sabow for a Preliminary Plat on Tracts A, B and C, Tower Place, ( description formerly as shown in Book 57 of Deeds, Page 7057, recorded on January 26, 1995), located in the N1/2 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 E1/4 NW1/4 SW/14, Section 14, T1N, R7E, BHM, Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4, N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way for “Old U.S. Highway 16” shown on the plat filed in Highway Plat Book 2, Page 48, and bounded on the south by Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and bounded on the west by the west boundary line of said NE1/4 SW1/4, located at 1640 Skyline Ranch Road.

68.             No. 06PL108 - A request by DGM Development for a Preliminary Plat on Lots 1 thru 190, Madisons Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 10 and 11, Madison's Subdivision, located in the SE1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4325 and 4385 Haines Avenue.

69.             No. 06SV038 - A request by Renner & Associates for Andrea K. Sabow 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 reduce pavement width as per Chapter 16.16 of the Rapid City Municipal Code on Tracts A, B and C, Tower Place, ( description formerly as shown in Book 57 of Deeds, Page 7057, recorded on January 26, 1995), located in the N1/2 SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 E1/4 NW1/4 SW/14, Section 14, T1N, R7E, BHM, Pennington County, South Dakota, excepting there from Lot B of the S1/4 NW1/4, N1/4 SW1/4, Section 14, shown on the plat filed in Plat Book 3, Page 155, and also excepting there from Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and that part of the NE1/4 SW1/4, Section 14, bounded on the north by Lot B of the S1/4 NW1/4 and the N1/4 of the SW1/4, Section 14, shown on the plat filed in Plat Book 3, page 155, and bounded on the east by the right-of-way for “Old U.S. Highway 16” shown on the plat filed in Highway Plat Book 2, Page 48, and bounded on the south by Lot A, Section 14, shown on the plat filed in Plat Book 3, Page 17, and bounded on the west by the west boundary line of said NE1/4 SW1/4, located at 1640 Skyline Ranch Road.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 70-141

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

70.             No. PW080106-02 - Approve a request by Danny Wegner that no water taps be approved on the Wildwood water main extension until such time tapping fees have been established and an agreement is in place with the City. 

71.             Approve matching funds for Christmas lights in the amount of $50,000 from Council Contingency; and request that the lights be ordered as soon as possible by the City. 

72.             Acknowledge the report on the Traffic Signal LED and School Zone Flashers

73.             No. PW080106-04 - Direct the City Attorney’s Office to prepare an ordinance amendment to adjust the fees to implement the recommendation of the Safe Drinking Water Committee. 

74.             No. PW080106-06 – Approve Change Order No. 2F for Sheridan Lake Road and Sunset Vista Water Main Extension Project No. W00-947; CIP No. 50260 to Heavy Constructors, Inc. for an increase of $13,756.88

75.             No. PW080106-07 – Approve Change Order No. 1 for 2006 Mill and Overlay Projects - Various Locations Project No. ST06-1570; CIP No. 50549 to Hills Materials Company for an increase of $11,245.58

76.             No. PW080106-08 – Approve Change Order No. 3F for Haines Avenue North Reconstruction Project No. ST02-1242 / P1669(00); CIP No. 50131 to Stanley J. Johnsen Concrete Contactor, Inc. for a decrease of $69,459.07

77.             No. PW080106-09 – Approve Change Order No. 2F for Sixth Street Memorial Park Water Transmission Main Reconstruction Project No. W04-1423 / CIP No. 50439 to Hills Materials Company for a decrease of $2,954.40

78.             No. PW080106-10 - Authorize staff to advertise for bids for Traffic Signal LED Retrofit Project No. SIG06-1591; CIP #50639

79.             No. PW080106-11 - Authorize staff to advertise for bids for Canyon Lake Drive Irrigation Project No. PR06-1515; CIP #50600

80.             No. PW080106-12 - Authorize staff to advertise for bids for Sitka Street and Richland Drive Area Drainage Structures Project No. DR06-1571; CIP #50602

81.             No. PW080106-13 - Authorize Mayor and Finance Officer to sign a Professional Services Agreement with enVision Design, Inc. for Dahl Fine Arts Center Expansion and Remodel Project No. IDP04-1367; CIP #50101 for an amount not to exceed $393,767.50

82.             No. PW080106-14 - Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Parkside Design, Inc. for the structural design of a 40’ x 60’ Utility Maintenance Storage Building for an amount not to exceed $900.00

83.             No. PW080106-15 - Authorize Mayor and Finance Officer to sign a Memorandum of Understanding with Prairie Fire Development for the construction of a sewer line along South Side Drive

84.             No. PW080106-16 - Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Wenck Associates, Inc. for Landfill Permit Renewal Project No. SW06-1590 for an amount not to exceed $25,000.00

85.             No. PW080106-17 - Authorize Mayor and Finance Officer to sign a One-year renewal of HVAC Maintenance Agreement with Johnson Controls for an amount not to exceed $14,752.00

86.             No. PW080106-18 - Authorize Mayor and Finance Officer to sign a One-year renewal of HVAC Maintenance Agreement with Johnson Controls for the Milo Barber Transportation Center for an amount not to exceed $4,939.00

87.             No. PW080106-19 - Authorize Mayor and Finance Officer to sign an Agreement with Harley F. Taylor to Share Sewer Main Construction costs

88.             No. PW080106-20 - Authorize staff to seek Requests for Proposals to survey, design and estimate a cost to provide sewer service to Wonderland Drive Area No. 5

89.             No. 06VE018 – Approve  a Vacation of a Note for petitioner City of Rapid City on a Plat on the North 318.90 feet of Lot 16 of the Replat of Block 31, Nowlin and Wood Addition, except therefrom Lots H1, H2 and H3, all located in the N1/2, NW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1125 North LaCrosse Street.

90.             No. 06VE019 – Approve a Vacation of Non-access Easement for petitioner Schlimgen Design Consultants, Inc. on Lot 3, Block 1, Rushmore Business Park, located in the S1/2 NE1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located adjacent to Homestead Street and west of Elk Vale Road.

91.             No. PW080106-21 - Authorize the Mayor and Finance Officer to sign License Agreements with Dakota Minnesota and Eastern Railroad for no fee; and applications for the installation of a utility crossing under the railroad near MP 645.8, 29’8” W of Eglin Street centerline, Rapid City, SD. 

Legal & Finance Committee Consent Items

92.             Acknowledge the Rapid City Soccer report regarding the 2012 consultant process. 

93.             No. LF080206-01 - Approve Appointment of Mark Young, Ken Vahle, Jay Powell, and Rebecca Bernard to the Forestry Board

94.             No. LF080206-02 – Approve Appointment of Jennifer Leberknight and Joel Brannan to the Air Quality Board

95.             Approve appointment of Ron Kroeger, Lloyd LaCroix, Steven Rolinger, Jim Albers, Jay Davis, Robert Garcia, Jerry, Cole and other staff as needed to the Horace Mann Pool Task Force. 

96.             Approve appointment of Tom Johnson, Malcom Chapman, Bob Hurlbut, Sam Kooiker, Jim Preston, Jason Green, and other staff as needed to the Human Resources Task Force. 

97.             Approve appointment of Sam Kooiker, Deb Hadcock, Karen Gundersen Olson, Michael Schumacher, Dale Schumacker, Fred Eisenbraun, Patricia Pummel, Jason Green, and other staff as needed to the Code Enforcement Task Force. 

98.             Approve appointment of Steve Rolinger, Pat Roseland, Dan Senftner, Mike Stanley, and Marnie Herrmann to the City Center Revitalization Task Force. 

99.             No. LF080206-03 - request the City Attorney’s office to investigate the possibility of combining the city and county equalization boards. 

100.         No. LF080206-05 - Acknowledge Capital Improvements Program Committee Monthly Update for July, 2006

101.         No. LF080206-06 - Approve 2006 Capital Plan for Streets, Drainage and MIP Projects for July, 2006

102.         No. LF080206-07 - Approve the Revised FY2006 – FY2011 Parks and Recreation Five Year Plan

103.         No. LF080206-08 - Approve Travel Request for Mason Short to Attend AAAE GA Issues Conference & Airport Sponsor Assurances, Minimum Standards Conference in Denver, CO, September 17-22, 2006, in an Approximate Amount of $1,631

104.         No. LF080206-09 – Approve Travel Request for Mason Short to Attend AAAE Accreditation Written Exam Review in Dallas, TX, October 15-21, 2006, in an Approximate Amount of $2,441

105.         No. LF080206-11 - Approve Travel Request for Andrew Summers to Attend Less Lethal Instructor Course in Billings, MT, August 27-September 2, 2006, in an Approximate Amount of $1,783

106.         No. LF080206-12 - Approve Event Permit for Festival of Lights Parade to be Held on November 25, 2006

107.         No. LF080206-13 – Approve Event Permit for Red Ribbon Committee to Hold Parade on October 21, 2006

108.         No. LF080206-14 - Authorize Staff to Apply for Grant for Traffic Overtime Reimbursement

109.         No. LF080206-15 - Approve Purchase of 2007 Chevrolet Tahoe from State Contract No. 22649 in an Amount not to exceed $33,094

110.         No. LF080206-16 - Approve Travel Request for Gary Shepherd to Attend International Association of Fire Chiefs Conference in Dallas, TX, September 13-17, 2006, in an Approximate Amount of $1,594.55

111.         No. LF080206-17 – Authorize Mayor and Finance Officer to Sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (September 12-13, 2006)

112.         No. LF080206-18 – Authorize Mayor and Finance Officer to Sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services (November 28-30, 2006)

113.         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.

114.         No. LF080206-19 – Authorize Mayor and Finance Officer to Sign Master Agreement for Subscriptions for Omnistar Data Services

115.         No. LF080206-38 – Authorize Mayor and Finance Officer to sign Covenant Agreement for Lot 1, Block 5, Farrar Business Park

116.         No. 06DU002 – Approve a request by Allen G. Nelson to consider an application for a Determination of Use to allow a dry cleaning business as a permitted use in a Community Shopping Center-2 District as per Chapter 17.32.020.B.7 of the Rapid City Municipal Code

117.         No. 05VE024 – Approve a request by Dream Design International, Inc. to consider an application for a Vacation of Utility Easement on an eight foot portion of a Utility Easement of Lot 25R, Block 3 of Red Rock Meadows Subdivision, all located in the SW1/4 of the NW1/4 of Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northwest of the intersection of Sahalee Drive and Portrush Drive

118.         No. 01TI005 – Approve a request by Kevin Buntrock for The Estates and Golf Club at Red Rock to consider an application to allocate contingency funds from the Tax Increment District No. 32 Revised Project Plan on Lots 1-11, Block 1, Lots 1-19, Block 2, Lots 1-3, Block 3, Lot 1, Block 4, Lot 1, Block 5, Outlot 1, and dedicated streets, all in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1, 2, 3A, 3B, 4A, and 4B, Block 6, Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4-16, Block 3, Lot 2 and Lot 3, Block 4, Lots 1-6, Block 7, Lots 1-3, Block 8, all in Red Rock Estates Phase 2, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Outlot A of Tract A, Countryside Sub, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Well Lot, and Balance of Picardi Ranch Road, and Balance of Tract 1 (Less Red Rock Estates and Less ROW), all in Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted E1/2 NW1/4 NE1/4 less Red Ridge Ranch and ROW, SW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates, less Red Rock Estate Phase 1A, and Less Row, E1/2 NW1/4 less Red Rock Estates and Less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Sub; N1/2 NE1/4 SW1/4 less Red Rock Estates & Less Countryside Sub; E1/2 NE1/4, and W1/2 NW1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of the intersection of Sheridan Lake Road and Muirfield Drive

119.         No. LF080206-20 – Authorize Mayor and Finance Officer to Sign Electrical Cooperative Revenue Agreement with Black Hills Electric Cooperative and West River Electric Association

120.         No. LF080206-21 – Approve a Resolution Fixing Time and Place for Hearing on September 5, 2006 for Assessment Roll for Property Cleanup.

121.         No. LF080206-23 - Authorize Mayor and Finance Officer to Sign Engagement Letter with Grant Thornton to Perform Annual Arbitrage Rebate Calculations on: 1)$29,190,000 Sales Tax Revenue Bonds, Series 2005B (2012 bonds) and 2) $16,270,000 Sales Tax Revenue Bonds, Series 2005 (.16 bonds), Each at a Cost not to Exceed $2,500 Annually

122.         No. LF080206-24 – Approve a Resolution Writing Off Uncollectable Ambulance Billing Accounts

123.         No. LF080206-25 - Authorize Mayor and Finance Officer to Sign Final Evaluations Memorandum of Agreement

124.         No. LF080206-28 - Authorize Mayor and Finance Officer to Sign Agreement with PrairieWave Telecommunications, Inc. to provide Telecommunications Services to the Material Recovery Facility and Landfill

125.         No. LF080206-29 – Approve a Resolution Authorizing the Filing of Applications with the Federal Transit Administration for Federal Transportation Assistance

126.         No. LF080206-30 – Authorize Mayor and Finance Officer to Sign the State and Local Government Term Rental Agreement and a Letter Stating that we intend to Lease the Postage Meter Equipment with Pitney Bowes for Digital Mail Equipment

127.         Direct staff to advertise for bids for Christmas decorations for the downtown area. 

128.         Refer final budget and staffing request for implementation plan for the onsite wastewater ordinance to the appropriate place within the budget discussions. 

129.         Acknowledge report on closure of Rapid City Swim Center to resolve maintenance issues

130.         No. LF080206-34 – Authorize Mayor and Finance Officer to Sign the Combined Notice of Finding of No Significant Impact, the Notice of Intent to Request Release of Grant Funds, the HUD Request for Release of Funds, and the Certification form for the Children’s Care Rehab & Development Center

131.         No. LF080206-35 - Authorize Mayor and Finance Officer to Sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and The Salvation Army for an Amount not to exceed $32,937

132.         No. LF080206-36 - Authorize Mayor and Finance Officer to Sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and West River Foundation for Economic and Community Development for an Amount not to exceed $75,000

133.         No. LF080206-37 - Authorize Mayor and Finance Officer to sign Revised Contract for Private Development for Tax Increment District #36 Between the City of Rapid City and DTH, LLC

134.         Approve the following licenses:  Residential Contractor: Chris Lowe, Triple R Construction Inc.; Tyson Waddell, Waddell Construction; and Eric Christianson, West River Foundation; Mechanical Apprentice: Zach Pettyjohn, Gordon Schnortz, and David Deal; Mechanical Contractor: James Little, Mike’s Heating & A/C; Electrical Apprentice: Gary Marowelli, Richard Carlson, Laura Stafford, Joe Huber, Justin Thompson, and Wade Thompson; Electrical Journeyman: Roy Kottwitz, Michael Ketcham, John Jaeger, Michael Torres, Adam Daigle, and Dayne Mailloux; Plumbing Apprentice: Eric Bigelow, Anthony Darger, Shannon Hayes, Steve Leithauser, and Duane Spindler; Plumbing Plumber: Doug Brown, Chris Hetzel, and Jeremy Miller; Second Hand: Heath R. Epperson, St. Joe Antique Mall; and Sewer and Water Journeyman: Cal Hoogestraat, Percy Lone Elk

Growth Management Department Consent Items

135.         No. 06PL049 - A request by Davis Engineering, Inc. for a Preliminary Plat on Lots 2 thru 7 of Block 2; Lots 15 of Block 4; and, Lot 1, Lots 13, 14 and 15 of Block 5; and Lots 1 and 2 of Block 6 of Murphy Ranch Estates Subdivision, located in the NW1/4, Section 14, T1N, R8E, 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.

136.         No. 06PL089 - A request by Boschee Engineering for a Layout Plat on a parcel of land located in the unplatted portion of the SW1/4 SW1/4 and the  W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Bendt Drive.

137.         No. 06PL092 - A request by Sperlich Consulting for Tom Farrar for a Preliminary Plat on Lot 1R and Lot 2 of Block 2 and Lots 1 and 2 of Block 3 and Lots 2 and 3 of Block 4, Farrar Business Park; formerly Lot 1 of Block 5 of Farrar Business Park and a portion of the NE1/4 of the SE1/4 of Section 16, located in the NE1/4 of the SE1/4, Section 16, T2N, R7E, BHM, Rapid City, Pennington County, South DakotaSection 16, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 5 of Farrar Business Park and a portion of the NE1/4 of the SE1/4 of Section 16, located in the NE1/4 of the SE1/4, Section 16, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the south and north side of Buffalo Bill Road and adjacent to the east and west side of Hickock Trail.

138.         No. 06PL097 - A request by Centerline, Inc. for Magheramore, LLC for a Preliminary Plat on Lots 1 thru 18, Darlington Estates, formerly that 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 that 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.

139.         No. 06PL098 - A request by CETEC Engineering Services, Inc. for Park Hill Development, Inc. for a Preliminary Plat on Lots 16A and 16B, Block 2, Park Meadows Subdivision, formerly Lot 16, Block 2, Park Meadows Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 16, Block 2, Park Meadows Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of intersection of Merlot Drive and Smith Avenue.

140.         No. 06PL103 - A request by CETEC Engineering, Inc. for Park Hill Development, Inc. for a Preliminary Plat on Lots 18 thru 35, Block 2; Lots 14 thru 25, Block 5; and the dedicated public right-of-way, Park Meadows Subdivision, located in the SW1/4 NE1/4, 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, SE1/4 NE1/4, less the Right-of-Way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Smith Avenue.

141.         No. 06PL105 - A request by FMG, Inc. for Bypass, LLC for a Preliminary Plat on Lot 1, Block 4; Lots 1 thru 3, Block 5; and Lots 1 and 2 of Block 6; all of I90 Heartland Business Park, and deciated public right of way shown as Dakota Craft Drive, formerly a portion of the unplatted balance of the W1/2 NE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the W1/2 NE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Mall Drive and West of Elk Vale Road.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

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

142.         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 without Video Lottery

Special Beer & Wine License

143.         Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled August 8, 2006 at Bangs McCullen Law Firm, 333 West Blvd., Suite 400

144.         Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled September 15, 2006 at the Dahl Arts Center, 713 7th Street

145.         Rapid City Public Library for a special Beer & Wine License for an event scheduled September 21, 2006 at the Public Library, 610 Quincy Street.

Retail (On-Off Sale) Malt Beverage License NO Video Lottery

146.         Black Hills Coffee Company dba Black Hills Coffee Company, 5955 S. Hwy 16, Suite G for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

Retail (On Sale) Wine License

147.         Black Hills Coffee Company dba Black Hills Coffee Company, 5955 S. Hwy 16, Suite G for a Retail (On-Sale) Wine License

Set for Hearing (August 21, 2006)

148.         Jim Buchli dba Rushmore Sinclair, 2420 Mt. Rushmore Road for a Package (Off Sale) Malt Beverage License

149.         Scottish & Irish Society for a special Beer License for an event scheduled September 1 & 2, 2006 in Memorial Park

ITEMS FROM THE MAYOR

150.         2012 Report

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

151.         Copperfield Subdivision access and safety issues, Alderman Kooiker

FINANCE OFFICER’S ITEMS

BID AWARDS

152.         No. CC080706-02 Miscellaneous Improvements Project 2006 Project No. MIP06-1541 / CIP No. 50298 (opened August 1, 2006)

153.         No. CC080706-02 Cationic Polymer Coagulant for Water Department (opened August 2, 2006)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

154.         No. CC080706-01 Bill List for August 7, 2006

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

155.         No. CC080706-05 Approve a Travel Request for Marc Black to attend K-9 Training, Ft. Collins, CO, August 6-25, 2006 in the amount of $3,274.23

PUBLIC WORKS DIRECTOR’S ITEMS

156.         No. CC080706-04 Authorize staff to advertise for bids for Prairie Fire Sewer Main Project No. SS06-1594 / CIP #50659

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

ADDENDUM

157.         No. PW071106-17, a request by Dream Design International for authorization to prepare an H-Lot located in the NE1/4, Section 20; and the N1/2, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota on behalf of the City of Rapid City and authorize acceptance of deeds

ADJOURN