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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 21, 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 August 7, 2006 and August 2 & 3, 2006 Budget Review and August 14, 2006 Budget Review

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for August, 2006

2.                  Employee Awards for August, 2006

GENERAL PUBLIC COMMENT

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

3.                  No. CC082106-04 Status of power plant building, Pat Tlustos

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

4.                  No. 06CA020 - A request by City of Rapid City for a Comprehensive Plan Amendment to adopt the City of Rapid City Bikeway/Walkway Plan.

5.                  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.

6.                  No. 06CA023 - A request by Lise Balk-King for an Amendment to the Comprehensive Plan by revising the Future Land Use Plan to change the land use designation from Residential to Neighborhood Commercial 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.

7.                  No. 06FV008 - A request by Lund Associates, Ltd. for Golden West Technologies to consider an application for a Fence Height Exception to allow a 10 foot six inch high fence in lieu of a eight foot high fence in a Light Industrial zoning district on Tract N, Fountain Springs Business Park, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on Fountain Plaza Drive. 

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 and sewer along Pioneer Circle and Bighorn Road as they abut a parcel of land located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota. (06SV031)

9.                  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.

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 and additional pavement along Beale Street, Dyess Avenue and Eglin Street as they abut Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota. (06SV033)

11.             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.

12.             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.

13.             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.

14.             Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of  and sewer along Doolittle Street as it abuts 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. (06SV045)

15.             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.

16.             No. 06SV046 - A request by Centerline for Founder's Park, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along the access easements and to waive the requirement to install sidewalk on both sides of West Chicago Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 11, Founders Park Subdivision; and the dedicated public right-of-way, formerly the unplatted portion of the W1/2 NW1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NW1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Omaha Street and west of West Street.

LEGAL & FINANCE COMMITTEE ITEMS

17.             Request from Lisa King, Native Voice Film Festival for funding of the 2006 festival in the amount of $7,500; said funds to come from Council Contingency

18.             No. LF081606-15 Request by Dahl Fine Arts Center to waive the environment review fee in the amount of $2,500 for the expansion project

19.             No. LF081606-02 Resolution Declaring Property Surplus

PUBLIC WORKS COMMITTEE ITEMS

GROWTH MANAGEMENT DEPARTMENT ITEMS

ORDINANCES & RESOLUTIONS

20.             No. LF081606-08 First Reading, Ordinance No. 5177, Amending the Regulation of On-Site Wastewater Disposal and Treatment by Amending Section 13.09.800 of the Rapid City Municipal Code. 

21.             No. 06RZ027 First Rading, Ordinance No. 5178, a request by Centerline, Inc. for Rapid City Area School District No. 51 for a Rezoning from Public District to Low Density Residential District on a parcel of land  located in the NW1/4 NW1/4 NE1/4, Less right-of-way, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Enchanted Pines Drive and Fifth Street.

22.             No. LF080206-27 Second Reading, Ordinance No. 5168, Regarding Supplemental Appropriation No. 4 for 2006. 

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

24.             No. 06RZ021 Second Reading, Ordinance No. 5170, 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.

25.             No. 06RZ025 Second Reading, Ordinance No. 5175, a request by Lise Balk-King and Leslie Odegaard 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.

26.             No. 06RZ026 Second 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.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 26-43

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 September 5, 2006:

27.             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.

28.             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.

29.             No. 06CA019 - A request by Barbara Fierro for WellSpring, Inc. and Calvary Lutheran Church for an Amendment to the Comprehensive Plan to change the Long Range Comprehensive Plan to change the land use designation from Residential to Office Commercial with a Planned Commercial Development 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.

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. 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.

32.             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.

33.             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.

34.             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.

35.             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.

36.             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.

37.             No. 06PL114 - A request by Renner & Associates for ARC International for a Preliminary Plat on Lot 3, Barnhart Addition, formerly the residual portion of Lots B and C, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the residual portion of Lots B and C, located in the SW1/4 SW1/4, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2990 East Highway 44.

38.             No. 06PL117 - A request by Ferber Engineering Co, Inc. for FMLC, Inc. for a Preliminary Plat on Lots 1 and 2, East Mall Business Center Subdivision, formerly a parcel of land located in the NE1/4, Section 30, lying north of Rushmore Mall Drive; Lot C of Lot L2, less Lot H1 and W1/2 vacated March Avenue adjacent to Lot C; and the unplatted part of the W1/2 NE1/4, lying south of Rushmore Mall Drive and the E1/2 vacated March Avenue, all located in the NE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the NE1/4, Section 30, lying north of Rushmore Mall Drive; Lot C of Lot L2, less Lot H1 and W1/2 vacated March Avenue adjacent to Lot C; and the unplatted part of the W1/2 NE1/4, lying south of Rushmore Mall Drive and the E1/2 vacated March Avenue, all located in the NE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Mall Drive and LaCrosse Street.

39.             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.

40.             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.

41.             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.

42.             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.

43.             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.

44.             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.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 44-79

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 (September 18, 2006)

45.             No. 06VR007 - A request by Centerline, Inc. for Rapid City Area School District No. 51 for a Vacation of Section Line Right-of-Way on Section line Right-of-Way lying in the SW1/4 SW1/4 SE1/4, Section 13, and the NW1/4 NW1/4 NE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Fifth Street and north of Enchanted Pines Drive.

Public Works Committee Consent Items

46.             No. PW081506-02 Authorize staff to advertise for bids for Mt. View Road Utility Reconstruction, Jackson Blvd. to Omaha Street Project No. W05-1342; CIP #50350. 

47.             No. PW081506-03 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with MWH Soft, Inc. for Utility System Master Plan Phase II Water and Wastewater Modeling Software; Project No. PW05-1447 for an amount not to exceed $18,040.00. 

48.             No. PW081506-04 Authorize the Mayor and Finance Officer to sign an amendment to the Professional Services Agreement with enVision Design Inc. for Red Rock Water Storage Reservoir, City of Rapid City Project No. W02-1184; CIP #50284 for an amount not to exceed $92,223.00. 

49.             No. PW081506-05 Authorize staff to solicit Requests for Proposals for Engineering Services for the Rapid City Major Drainage Overview Report. 

50.             No. 06TP016 Approve Final Rapid City Area Transportation Improvement Program (Fiscal Years 2007-2011). 

Legal & Finance Committee Consent Items

51.             No. LF081606-01 Approve appointment of Tim Baumgartner and Steve Struble to the City Electrical Board. 

52.             Authorize staff to over-hire three police officers due to military deployments. 

53.             No. LF081606-19 Authorize Mayor & Finance Officer to sign contract with HDR, Inc. for an amount not to exceed $94,000 for Basin Electric Intertie Study Area. 

54.             No. LF081606-03 Approve Resolution Writing Off Uncollectible Accounts Receivable Accounts. 

55.             No. LF081606-18 Approve Change Order No. 1 for Rushmore Plaza Civic Center Multipurpose Addition – bid package 1, Project No. IDP06-1555 with Heavy Constructors, Inc. for an increase of $138,199.54. 

56.             No. LF081606-04 Authorize Mayor and Finance Officer to sign Maintenance Agreement with Best Business Product, Inc. for copier for Code Enforcement. 

57.             No. LF081606-05 Acknowledge request from CASA Program to hold raffle on December 23, 2006. 

58.             No. LF081606-06 Acknowledge request from Festival of Trees to hold raffle on November 17-18, 2006. 

59.             No. LF081606-07 Acknowledge request from The Spine Center at Rapid City and Grace United Methodist Church to hold raffle in September, 2006. 

60.             No. LF081606-09 Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and Western Dakota Technical Institute for the Construction and Joint Use of a Burn Training Facility. 

61.             Direct the City Attorney’s office to send a letter to the County Commissioners, immediately, requesting discussion with them on consolidation of the Boards of Equalization. 

62.             No. LF081606-10 Approve Travel Request for Jason Green and Barbara Garcia to attend HUD Entitlement Grant Management Training in Beaumont, TX, October 17-18, 2006, in an approximate amount of $2,278. 

63.             No. LF081606-11 Approve Rapid City Neighborhood Restoration Program, Policy and Procedures. 

64.             No. LF081606-12 Authorize Mayor and Finance Officer to sign Agreement between the City of Rapid City and United Way of the Black Hills to complete a community needs assessment for an amount not to exceed $10,000. 

65.             No. LF081606-13 Approve and authorize Mayor and Finance Officer to sign Amendment to the FY 2005 Community Development Block Grant Annual Action Plan and Contract between the City of Rapid City and Lutheran Social Services to extend the grant period for expenditure of funds and revise the description of work. 

66.             No. LF081606-14 Approve and authorize Mayor and Finance Officer to sign an Amendment to the FY 2005 Community Development Block Grant Annual Action Plan and Contract between the City of Rapid City and Black Hills Area Habitat for Humanity to extend the grant period for expenditure of funds and revise the description of work to include renovation costs of properties for sale to low income households. 

67.             No. LF081606-16 Approve abatement for Barbara E. Kelly Van Ekeren, Morningside Subdivision, Block 8, Lots 5-6, $3,858.02. 

68.             Approve the following licenses:  Mechanical Apprentice:  Jesse Anderson and Kerry Kurowski; Mechanical Contractor:  Rick Morford, J-Berd Mechanical; Mechanical Installer:  Eric Stearns; Electrical Apprentice:  Alex William; Electrical Journeyman:  Jeremiah Keller; Central Station Service:  Security Central, Inc., Jordan Jackson, Owner; Security Business:  The Wackenhut Corporation, Andrew L Eisaman; Sewer and Water Contractor:  Kyle Nelsen, Nelsen Construction; Dane Sundstrom, XCEL Demolition. 

Growth Management Department Consent Items

69.             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.

70.             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.

71.             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.

72.             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.

73.             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.

74.             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.

75.             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.

76.             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.

77.             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.

78.             No. 06PL115 - A request by Centerline for Founders Park, LLC for a Preliminary Plat on Lots 1 thru 11, Founders Park Subdivision; and the dedicated public right-of-way, formerly the unplatted portion of the W1/2 NW1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NW1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Omaha Street and west of West Street.

79.             No. 06PL116 - A request by Dream Design International, Inc. for a Preliminary Plat on Tract E-3R, McMahon Subdivision, located in the NE1/4 SW1/4, Section 24, T2N, R7E, formerly Tract E-3, McMahon Subdivision, and a portion of the unplatted balance of the NE1/4 SW1/4, Section 24, located in the NE1/4 SW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract E-3, McMahon Subdivision, and a portion of the unplatted balance of the NE1/4 SW1/4, Section 24, 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 Kathryn Avenue.

80.             No. 06PL122 - A request by Cedar Hill Corporation for a Preliminary Plat on Lots 8 thru 11, Block 7; Lots 9 thru 11, Block 10; and Lots 6 thru 9, Block 8, all of CHMH Subdivision and Dedicated Public Right-of-Way show as Brooke Street and Sagewood Street, all located in the NW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the NW1/4, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the intersection of Sagewood Street and Brooke Street.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

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

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

83.             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

84.             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 (September 5, 2006)

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

86.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled October 5, 2006 at the Dahl Arts Center, 713 7th Street

87.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled October 6, 2006 at the Dahl Arts Center, 713 7th Street

88.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled October 13, 2006 at the Dahl Arts Center, 713 7th Street

89.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled October 20, 2006 at the Dahl Arts Center, 713 7th Street

90.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled October 21, 2006 at the Dahl Arts Center, 713 7th Street

91.             Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled December 1, 2006 at the Dahl Arts Center, 713 7th Street

ITEMS FROM THE MAYOR

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

FINANCE OFFICER’S ITEMS

BID AWARDS

92.             No. CC082106-02 Downtown Area Improvements Project, Phase 1A -- 1st to 2nd Street Alley Sanitary Sewer Improvements Project No. ST04-1170 / CIP No. 50627 (opened August 15, 2006)

93.             No. CC082106-02 2006 Neighborhood Mill & Overlay Projects - Various Locations Project No. ST06-1573 / CIP No. 50636 (opened August 15, 2006)

94.             No. CC082106-02 Tennis Courts and Play Courts Surfacing Project No. PR06-1584 / CIP No. 50538 & 50656 (opened August 15, 2006)

95.             No. CC082106-02 Halley Park Irrigation System and Sidewalk Reconstruction Project No. PR06-1588 / CIP No. 50042 (opened August 15, 2006)

96.             No. CC082106-02 Metering and Backflow Prevention of City Facilities Project No. W06-1589 / CIP No. 50304 (opened August 15, 2006)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

97.             No. CC082106-01 Bill List for August 21, 2006

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

98.             No. CC082106-03 Appeal Denial of Security License. Warren Hotchkiss

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

ADDENDUM

99.             Bid Award for Holiday Decorations for City Center Area

100.         Approve request for funds to purchase downtown poles for Christmas lights and banners in the amount of $80,000 from CIP Contingency

101.         Authorize staff to advertise for bids for Downtown Poles for Christmas lights and banners 

ADJOURN