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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

September 5, 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 August 21, 2006; August 21, 2006 and August 28, 2006 special Council, and August 23, 2006 Information Committee Meeting

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. LF080206-21 – Resolution Levying Assessment for Cleanup of Miscellaneous Properties. 

2.                  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.

3.                  No. 06CA022 - A request by Centerline, Inc. for Rapid City Area School District No. 51 for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Future Land Use Plan to change the land use designation from Public to Low Density Residential with a Planned Residential Development 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.

4.                  No. 06PD041 - A request by Sperlich Consulting Inc. for William Donhiser for a Planned Commercial Development - Final Development Plan on Lots 2 and 3 of Block 1, Stoney Creek South Subdivision, located in the NW/14 SW1/4, and the SW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the Sheridan Lake Road and Catron Boulevard.

5.                  No. 06PD056 - A request by Boschee Engineering for a Major Amendment to a Planned Residential Development on Lots 1 thru 12, Block 5, Stoney Creek Subdivision Phase I, located in the W1/2 NW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1A and 1B, Block 5, Stoney Creek Subdivision Phase I, located in the W1/2 NW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Catron Boulevard and Sheridan Lake Road.

6.                  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.

7.                  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.

8.                  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.

9.                  No. 06SV047 - A request by Sperlich Consulting, Inc. for Schriner Investments, LLC for a Variance to the Subdivision Regulations to allow a lot twice as long as it is wide as per Chapter 16 of the Rapid City Municipal Code on Lots 1 thru 7, Block 1; and Lots 1 thru 7, Block 2, Medicine Ridge Subdivision, formerly an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4; excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4; excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Stumer Road.

10.             No. 06SV048 - A request by Centerline for PLM Development, LLC for a Variance to the Subdivision Regulations to waive the requirement to install sewer along Stumer Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 6, Block 3, formerly the unplatted portion of the N1/2 NW1/4, Less previously platted lots, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 NW1/4, Less previously platted lots, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Minnesota Street and West of Fifth Street.

11.             No. 06VR005 - A request by Dream Design International, Inc. for a Vacation of Section Line Highway on 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 S89Ί43’48”W a distance of 124.58 feet, to a found pin and cap marked “LS 6251”, the true point of beginning; Thence 33 feet on each side of the north line of Section 4 S89Ί46’10”W a distance of 541.59 feet, to a found pin and cap marked “LS 5680”. Said centerline of Section Line may be extended or foreshortened to terminate on Lot Line. Said are of right-of-way to be vacated containing an area of 0.82 acres more or less, located at the northwest corner of the intersection of Elk Vale Road and East Anamosa Street.

LEGAL & FINANCE COMMITTEE ITEMS

12.             Refer smoking in the Civic Center to the Civic Center Board of Directors 

PUBLIC WORKS COMMITTEE ITEMS

13.             Acknowledge the report on the asbestos abatement for Big Bend Power Plant

14.             No. PW082906-14 - Appeal of 40 Unit Rule, Turkey Foot Subdivision, Lots 10 & 11, Madison Subdivision

15.             No. PW082906-15 - Appeal to Eliminate Manholes, Turkey Foot Subdivision, Lots 10 & 11, Madison Subdivision

GROWTH MANAGEMENT DEPARTMENT ITEMS

ORDINANCES & RESOLUTIONS

16.             No. LF083006-14 – First Reading, Ordinance No. 5179, Regarding FY2007 Appropriation Ordinance. 

17.             No. LF083006-17 – First Reading, Ordinance No. 5180, Establishing Budgetary Controls by Amending Chapter 2.04 of the Rapid City Municipal Code. 

18.             No. 06RZ028 – First Reading, Ordinance No. 5181, a request by CETEC Engineering for Franklin O. Simpson for a Rezoning from General Agriculture District to Medium Density Residential District on a parcel of land beginning at the southwest corner of the NW1/4 SW1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence N89Ί55’39”E 240.24 feet to a point; Thence N29Ί57’38”W 245.17 feet to a point; Thence N05Ί57’38”W 321.39 feet to a point on the Right-of-Way of Harmony Heights Lane; Thence S72Ί10’55”W 205.74 feet along said Right-of-Way to a point; Thence along a curve to the right having a radius of 229.63 feet, a distance of 3.70 feet to a point on said Right-of-Way; Thence S00Ί02’56”E 469.04 feet to a point on the South line of the NE1/4 SE1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence along said South line N89Ί41’23”E 114.61 feet to the point of beginning, located southwest of the intersection of Harmony Heights Lane and Sunny Springs Drive.

19.             No. 06RZ020 – Second Reading, Ordinance No. 5169, 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.

20.             No. 06RZ027 – Second Reading, 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.

21.             No. LF081606-08 – Second 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. 

22.             No. LF083006-01 – Resolution authorizing Vino 100/Tinderbox to place tables and chairs in right of way 

23.             Resolution adopting proposed City Council agenda  

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 24-46

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 18, 2006:

24.             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.

25.             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.

26.             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.

27.             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.

28.             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.

29.             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.

30.             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.

31.             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.

32.             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.

33.             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.

34.             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.

35.             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.

36.             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.

37.             No. 06PL123 - A request by Renner Associates for Rande Robinson for a Layout Plat on Lots 9R and 10R, formerly Lots 9 and 10, Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 9 and 10, Cambell Square Addition, located in Government Lot 4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1410 Centre Street.

38.             No. 06PL127 - A request by Renner & Associates for Royal Nielsen for a Preliminary Plat on Lot A, formerly a portion of Lot 15 Revised, Hills View Subdivision, located in the NE1/4 SE1/4, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Lot 15 Revised, Hills View Subdivision, located in the NE1/4 SE1/4, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, located west of Hillside Drive and North of SD Highway 40.

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. 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.

41.             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.

42.             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.

43.             No. 06SV049 - A request by Renner & Associates for Royal Nielsen for a Variance to the Subdivision Regulations to reduce the right-of-way from 49 feet to 25 feet along an access easement and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along an access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot A, formerly a portion of Lot 15 Revised, Hills View Subdivision, located in the NE1/4 SE1/4, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Lot 15 Revised, Hills View Subdivision, located in the NE1/4 SE1/4, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, located west of Hillside Drive and North of SD Highway 44.

44.             No. 06VE020 - A request by Centerline, Inc. for DJS Holdings, LLC to consider an application for a Vacation of Access and Utility Easement on access easement adjacent to the north edge of Lot 2B, Lot B, Bradsky Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1501 Cambell Street. 

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.

Continue the following items until October 2, 2006:

46.             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.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 47-98

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

47.             Remove Corral Drive Sidewalk Project No. SWK06-1592 from the Public Works Engineering Services project list. 

48.             Request that the Mayor bring forward the names of three City Council members, two Planning Commission members, and two Parks & Recreation Board members to the next City Council meeting to appoint to a task force to discuss options to preserve M Hill. 

49.             Request that the Growth Management Department expand the neighborhood study west of I-190, relating to planned development designation, further west to include the M Hill area. 

50.             Call a Special Council Meeting at 6:30 p.m. on September 18, 2006 to report on the Jackson Springs Water Treatment Facility Funding Source. 

51.             No. CC082106-02 – Reject all bids for the 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; and re-bid at a later date in conjunction with the Phase I Downtown Area Improvements Project. 

52.             No. PW082906-01 – Approve Change Order No. 1F for Star of the West Sports Complex Parking Lots Repair and Crack Sealing Project No. PR06-1585 / CIP No. 50538 to Simon Contractors of SD, Inc. for a decrease of $692.52

53.             No. PW082906-02 – Approve Change Order No. 1 for 9th Street to West Boulevard and Clark Street to Fairview Street Sewer Extension Project No. SS06-1556 / CIP No. 50624 to Grizzly Excavation, Inc. for an increase of $925.00

54.             No. PW082906-03 – Approve Change Order No. 1F for Downtown Alley Resurfacing 2006 Project No. ST06-1538 / CIP No. 50379 to  ills Materials Company for an increase of $989.59

55.             No. PW082906-04 – Approve Change Order No. 1F for Block 8 Alley Paving - West Boulevard Addition Project No. ST03-1330 / CIP No. 50595 to R.C.S. Construction, Inc. for an increase of $702.57

56.             No. PW082906-05 – Authorize staff to advertise for bids for Road De-Icer for Street Division

57.             No. PW082906-06 - Authorize staff to advertise for bids for Enhanced Corrosion Inhibited Liquid Magnesium Chloride for Street Division

58.             No. PW082906-07 - Authorize staff to advertise for bids for Hall Street Sanitary Sewer Extension Project No. SS06-1482 / CIP #50632

59.             No. PW082906-08 - Authorize staff to advertise for bids for 2006 Roof Replacement Project No. IDP06-1546 / CIP #50098

60.             No. PW082906-09 - Authorize staff to advertise for bids for Omaha Street Corridor – Memorial Park Renovation Project No. PR03-1287

61.             No. PW082906-13 – Authorize staff to advertise for bids for Two (2) Skid Steer Loaders Replacements for Street Division

62.             No. PW082906-10 - Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with baffuto architecttura for the development of a Fire Training Simulator Facility for an amount not to exceed $9,950.00. 

63.             No. PW082906-11 - Authorize the Mayor and Finance Officer to sign a South Dakota Department of Transportation Right–of-Way Certificate and Utilities Certificate for Omaha Street Corridor – Memorial Park Renovation Project No. PR03-1287. 

64.             No. PW082906-12 - Approve recommended revisions to the intersection control at Anamaria Drive and Alta Vista Drive. 

65.             No. 06SE002 - Deny without prejudice, a request by Sperlich Consulting for Steve Zandstra of Triple Z Real Estate LLLP to consider an application for an Exception to the Street Design Criteria Manual to allow access from the higher order street, to allow two access points in lieu of one and to reduce the access restriction on Padre Drive to 50 feet from the intersection of Jolly Lane on a parcel of land Located in the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the intersection of Jolly Lane and Padre Drive. 

66.             No. 06RD001 - Approve a request by the City of Rapid City to consider an application for a Road Name Change to rename that portion of Eglin Street lying between Lowry Lane and Beale Street to Edwards Street. 

67.             No. 06RD002 - Approve a request by the City of Rapid City to consider an application for a Road Name Change to name the new extension of the existing Eglin Street lying south of the DM&E Railroad Right-of-Way and west of Elk Vale Road (U.S. 16B) Eglin Street. 

68.             No. 06RD003 - Approve a request by the City of Rapid City to consider an application for a Road Name Change to rename that portion of Cheyenne Boulevard lying east of Elk Vale Road (U.S. 16B) as Eglin Street. 

69.             No. 06TP018 - Proceed with Option 1 for Mall Drive as presented. 

70.             No. 06TP018 - Refer the East Anamosa proposal to the Tax Increment Finance Committee for further consideration; and refer the .16 funding request to the .16 Utility Fund Committee for consideration.  

Legal & Finance Committee Consent Items

71.             Acknowledge report on the feasibility study of the joint construction/joint use Community Theater at Central High School. 

72.             No. LF083006-02 – Approve appointment of Rod Holmes, Myron Tatum, and Bill Werner to the Plumbing Board. 

73.             Request staff to bring forward names for appointment to the Fire Code Board of Appeals; and said Board having the final say on those appeals. 

74.             No. LF083006-04 – Acknowledge Capital Improvements Program Committee monthly update for August, 2006. 

75.             No. LF083006-05 – Approve 2006 Capital Plan for Streets, Drainage and MIP Projects for August, 2006. 

76.             Authorize the donation of the City’s old Christmas lights to the City of Pine Ridge, contingent upon the City getting their new lights in time for this year’s Christmas season. 

77.             No. LF083006-06 – Approve Travel Request for Chris Holbrook to attend K-9 Training in Wellington, Colorado, September 17-28, 2006, in an approximate amount of $11,855. 

78.             No. LF083006-22 – Authorize the Mayor and Finance Officer to sign Additional Software License Agreement in the amount of $3,150 to be paid by Weapons of Mass Destruction Grant. 

79.             No. LF083006-25 - Authorize the Mayor and Finance Officer to sign State of South Dakota Fire Suppression Addendum with the City of Rapid City. 

80.             No. LF083006-18 – Approve Travel Request for Jason Green to attend AAAE – Airport Sponsor Assurance, Minimum Standards Conference in Denver, CO, September 19-22, 2006, in an approximate amount of $1,296. 

81.             No. 06TP017 – Approve Addendum to the Rapid City Area 2006 Unified Planning Work Program Agreement. 

82.             No. LF081606-02 – Approve Resolution Declaring Property Surplus. 

83.             No. LF083006-07 - Approve Resolution Declaring Property Surplus for the Street Division. 

84.             No. LF083006-08 – Authorize the Mayor and Finance Officer to sign Memorandum of Understanding with Local 1031, Council 59, American Federation of State, County, and Municipal Employees AFL-CIO to Reflect Changes in Accordance with SDCL Chapter 3-13A. 

85.             No. LF083006-09 – Authorize the Mayor and Finance Officer to sign Memorandum of Understanding with Local 1031, Council 59, American Federation of State, County, and Municipal Employees AFL-CIO as it Relates to a Personal Holiday. 

86.             No. LF083006-10 – Authorize the Mayor and Finance Officer to sign Memorandum of Understanding with International Association of Firefighters Local 3959 to Reflect Changes in Accordance with SDCL Chapter 3-13A. 

87.             No. LF083006-11 – Authorize the Mayor and Finance Officer to sign Memorandum of Understanding with International Association of Firefighters Local 3959 as It Relates to Paramedic Repayment. 

88.             No. LF083006-12 – Authorize the Mayor and Finance Officer to sign Memorandum of Understanding with Fraternal Order of Police South Dakota Lodge Bargaining Unit #2A to Reflect Changes in Accordance with SDCL Chapter 3-13A. 

89.             No. LF083006-13 – Approve Resolution to Amend the City of Rapid City Healthcare Benefit Plan, Plan Amendment No. 1. 

90.             No. LF083006-15 – Approve Travel Request for Doug Lowe, Craig Nichols, Cliff Zechiel, Erin Goeden, Kristy Lintz, Lon Van Deusen and Duncan Olney to attend the South Dakota Parks & Recreation State Association Conference in Yankton, SD, September 24-27, 2006, in the approximate amount of $2,310. 

91.             No. LF083006-21 – Authorize the Mayor and Finance Officer to sign City of Rapid City Concession and Lease Agreement Dinosaur Park. 

92.             No. LF083006-16 – Authorize the Mayor and Finance Officer to sign Covenant Agreement with International Church of the Four Square Gospel. 

93.             No. LF083006-19 – Authorize the Mayor and Finance Officer to sign Combined Notice of Finding of No Significant Impact; the Notice of Intent to Request Release of Grant Funds; and the HUD Request for Release of Funds and the Certification form for the Cornerstone Rescue Mission. 

94.             No. LF083006-20 – Authorize the Mayor and Finance Officer to sign Release of City of Rapid City Indenture of Restrictive Covenants. 

95.             Approve the following licenses:  Plumbing Apprentice:  Rich Magnuson, John Kushman, and Joseph Kerns; Plumbing Contractor:  Chad Filek, J-Berd Mechanical; Plumbing Plumber:  Craig Heigh; Residential Contractor:  Tim Duda, Slate Ridge Builders Inc.; Trenching Contractor:  Perry Bicek, Bicek Construction; Security Business:  Asset Security, John C Atkins. 

Growth Management Department Consent Items

96.             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.

97.             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.

98.             No. 06PL126 - A request by Sperlich Consulting, Inc. for Schriner Investments, LLC for a Layout Plat on Lots 1 thru 7, Block 1; and Lots 1 thru 7, Block 2, Medicine Ridge Subdivision, formerly an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4; excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted parcel of land located in the SE1/4 NE1/4 NE1/4; NE1/4 SE1/4 NE1/4; excepting Tract B of Medicine Ridge, located in the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Stumer Road.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

99.             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

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

101.         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

102.         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

103.         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

104.         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

105.         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

106.         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

107.         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

Set for Hearing (None)

ITEMS FROM THE MAYOR

108.         2012 Report

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

FINANCE OFFICER’S ITEMS

BID AWARDS

109.         No. CC090506-02 Country Road Regional Lift Station City Project SS03-1255 (opened August 29, 2006)

110.         No. CC090506-02 Light Emitting Diode (LED) Traffic Signal Inserts and LED Pedestrian Signals (opened August 29, 2006)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

111.         No. CC090506-01 Bill List for September 5, 2006

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

ADJOURN