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AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota

February 5, 2007 -- 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 

ADOPTION OF AGENDA

APPROVE MINUTES of January 15, 2007

AWARDS AND RECOGNITIONS

1.                  Citizen of the Quarter, January – March, 2007

GENERAL PUBLIC COMMENT

A time for the members of the public to discuss or express concerns to the council on any issue not 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.

NON-PUBLIC HEARING ITEMS -- Items 2 - 143

Public Comment opened – Items 2 - 107

Public Comment closed

CONSENT ITEMS – Items 2 - 107

Remove Items from the “Consent Items” and Vote on Remaining Consent Items

Alcoholic Beverage License Applications Set for Hearing (February 19, 2007)

2.                  Rapid City Fine Arts Council for a special Beer and Wine License for an event scheduled February 23, 2007 at the Dahl Fine Arts Center, 713 7th Street

3.                  Rapid City Fine Arts Council for a special Beer and Wine License for an event scheduled February 24, 2007 at the Dahl Fine Arts Center, 713 7th Street

4.                  Rapid City Area Chamber of Commerce for a special Beer and Wine License for an event scheduled March 13, 2007 at the National American University, 5301 So. Hwy 16

5.                  Allied Arts Fund Drive, Inc. for a special Wine License for an event scheduled March 15, 2007 at the First Gateway Condominium Association, 333 West Boulevard

6.                  Rhonda Berger dba Black Hills BBQ Company, 1012 East North Street for a Retail (On-Off Sale) Malt Beverage License NO Video Lottery

Public Works Committee Consent Items

7.                  No. PW081506-01 – Deny without prejudice, a request by Founders Park LLC to allow a retaining wall to be located in right-of-way along property legally described as the W1/2 NW1/4 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota. 

8.                  No. PW010907-01 - Acknowledge report on the traffic situation and safety issues in the West Nike Road area

9.                  No. PW010907-03 - Acknowledge report on the Big Sky Additional School Crossing Signs

10.             Acknowledge report on the use of property adjacent to the Executive Golf Course

11.             Draft a letter from the City addressed to Governor Rounds and Tim Reisch, Secretary of Corrections, registering opposition of the proposed location of Trusty Unit on Creek Drive and Ash Avenue.

12.             Draft a letter from the City to Yvonne Taylor with the South Dakota Municipal League requesting that they take a position of opposition to HB1060 that addresses the issue of local control.

13.             Allocate up to $400.00 out of the Council Contingency fund to purchase graffiti removal product. 

14.             No. PW013007-04 – Approve Change Order No. 1F for East Saint Louis Street Reconstruction Project No. SSW05-1309 / CIP No. 50468 to Hills Materials Company for a decrease $15,689.02.

15.             No. PW013007-05 - Approve Change Order No. 1F for Cambell Street from Minnesota Street to Saint Patrick Street Project No. SSW04-1393 to Stanley J. Johnsen Concrete Contractor, Inc. for a decrease of $8,375.48. 

16.             No. PW013007-06 - Approve Change Order No. 1 for Meade Street Reconstruction - Phase 1, East Meade Street from Birch Avenue to Hoefer Court Project No. DR03-1333 / CIP NO. 50145 to Highmark, Inc. for a decrease of $6,905.00. 

17.             No. PW013007-07 - Approve Change Order No. 1F for 2006 Neighborhood Mill & Overlay Projects - Various Locations Project No. ST06-1573 / CIP No. 50636 to Simon Contractors of SD, Inc. for a decrease of $12,327.78. 

18.             No. PW013007-08 – Authorize staff to advertise for bids for Downtown Alley Resurfacing 2007 - Concrete Milling and Asphalt Overlay; Project No. ST07-1627 / CIP #50379. 

19.             No. PW013007-09 - Authorize staff to advertise for bids for Haines Avenue PCC Pavement Repair and Replacement, Joint Sealing; Project No. STCM07-1626 / CIP #50445. 

20.             No. PW013007-10 - Authorize staff to advertise for bids for Block 12 Sanitary Sewer Extension, Millard Addition, Project Number SS06-1625 / CIP #50670. 

21.             No. PW013007-11 - Authorize staff to advertise for bids for South Robbinsdale Drainage Improvements, Elements 2 & 4; Project No. DR05-1485 / CIP #50556. 

22.             No. PW013007-12 - Authorize staff to advertise for bids for Sheridan Lake Road PCC Pavement Repair and Replacement; Project No. STCM07-1636. 

23.             No. PW013007-13 - Authorize staff to advertise for bids for 2007 Mill & Overlays, Various Locations; Project No. ST07-1640 / CIP #50549.

24.             No. PW013007-14 – Authorize staff to advertise for bids for Mountain View Cemetery Irrigation System – Phase 2; Project No. PR07-1629 / CIP #50090. 

25.             No. PW013007-15 – Authorize staff to advertise for bids for Dahl Fine Arts Expansion; Project No. IDP04-1367. 

26.             No. PW013007-16 – Authorize staff to advertise for bids for Well #12 and Stoney Creek Booster Station; Project No.: W03-953 / CIP 50318; and authorize lowering the percentage of work that the General Contractor must perform from 50% to 25% for the Well #12 and Stoney Creek Booster Station; Project No. W03-953 / CIP #50318 only, by modifying paragraph 7.40 of Section 7 -- General Conditions of the City of Rapid City Standard Specifications for Public Works Construction, 2004 Edition. 

27.             No. PW013007-17 – Authorize staff to advertise for bids for Omaha Street Corridor Enhancement Project Phase 1 - South Memorial Park; Project No. PR03-1287. 

28.             No. PW013007-18 – Authorize staff to advertise for bids for Clark Street Sanitary Sewer Extension; Project No. SS06-1480 / CIP #50587. 

29.             No. PW013007-19 - Authorize staff to advertise for bids for one (1) each Sander/Spreader, Streets Division. 

30.             No. PW013007-20 - Authorize staff to advertise for bids for one (1) Class 8 Tandem Axle Dump Truck, Streets Division. 

31.             No. PW013007-21 - Authorize staff to advertise for bids for one (1) Utility Work Machine, Parks and Recreation Department. 

32.             No. PW013007-22 - Authorize staff to advertise for bids for one (1) Tractor, Parks and Recreation Department. 

33.             No. PW013007-23 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Advanced Engineering & Surveying, Inc. for the Saint Andrew Street Reconstruction Project No. ST07-1604 / CIP #50410 for an amount not to exceed $85,425.00. 

34.             No. PW013007-24 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Ferber Engineering for the East Mall Drive Connection – North LaCrosse Street to East North Street; Project No. ST06-1334b, SSW06-1334b, and EM1608(3)-PCN 012F / CIP #50521 for an amount not to exceed $639,044.00. 

35.             No. PW013007-25 – Authorize the Mayor and Finance Officer to sign a Facilities Relocation Agreement with Montana Dakota Utilities for the relocation of a gas main for Highway 44 and Elk Vale Water Main Loop; Project No. W03-1248 for an estimated cost of $25,000.00. 

36.             No. PW013007-26 – Authorize the Mayor and Finance Officer to sign a Temporary Construction Easement for the purpose of constructing the Philadelphia Street Bypass project. 

37.             No. PW013007-27 – Authorize the Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with Kadrmas Lee and Jackson for the East Anamosa Street Extension LaCrosse Street to Century Road Project No. ST04-1397 for an amount not to exceed $407,781.00. 

38.             No. PW013007-28 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Pfluger Associates Architects, L.P. for the Rapid City Performing Arts Center Project No. IDP07-1641 for an amount not to exceed $53,865.00. 

39.             No. PW013007-29 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with Kadrmas, Lee and Jackson for 43rd Court Water Main Reconstruction ST06-1529 / CIP #50606 for an amount not to exceed $142,273.40. 

40.             No. PW013007-30 – Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with American Engineering Testing, Inc. for 2007 Geotechnical Investigations Project No. ST07-1605 / CIP #50592 for an amount not to exceed $20,000.00. 

41.             No. PW013007-37 - Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with American Engineering Testing, Inc. for sampling, analysis and reporting related to 2007 Environmental Monitoring for the Rapid City Landfill for an amount not to exceed $40,907.06. 

42.             No. PW013007-31 – Authorize staff to seek proposals for Engineering Services for Memorial Park and Farlow Avenue Water Main Reconstruction Project W07-1631 CIP #50465. 

43.             No. PW013007-32 – Authorize staff to seek proposals for Professional Consultant Services for the design and construction administration of improvements to City Property located at 800 East Centre Street (former Zig’s Electric) in Rapid City. 

44.             No. PW013007-33 – Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for 6th Street and Hillsview Drive Watermain Extension Project W05-1521 for March 5, 2007. 

45.             No. PW013007-34 – Approve the purchase of two (2) ¾ ton, 4x4 extended cab, long box pickups from State Contract #14996, Item #50 from McKie Ford for a cost of $21,659.00 each for the Street Division. 

46.             No. PW013007-36 – Approve the purchase of one (1) 2007 Ford F150 regular cab long box pickup from State Contract #14996, Item #35 from Murdo Ford for a cost of $15,844.00 for the Parks & Recreation Department. 

Legal & Finance Committee Consent Items

47.             No. LF013107-01 - Acknowledge report on 2006 All Nighter Adult Softball Tournament and approve tournament to be held June 15-16, 2007. 

48.             Authorize Mayor and Finance Officer to sign lobbyist authorization forms for Marcia Elkins and Jason Green to act on behalf of the City as registered lobbyists for the 2007 legislature regarding municipal government issues and DOC facilities. 

49.             No. LF011007-05 – Request the Mayor to appoint a subcommittee consisting of Council leadership to study the various city fees. 

50.             Request staff to prepare a Resolution declaring any City Council meetings that fall on Martin Luther King Day be moved to the following Tuesday. 

51.             No. LF013107-45 – Acknowledge Capital Improvements Program Committee Monthly Update for January, 2007. 

52.             No. LF013107-46 – Approve 2006 Capital Plan for Streets, Drainage and MIP Projects for January, 2007. 

53.             No. LF013107-47 – Approve Government Buildings 2006 Carryover Projects. 

54.             No. LF013107-04 – Approve Travel Request for Deb Cady, Doug Thrash, and Elias Diaz to attend Managing Police Discipline Seminar in Las Vegas, Nevada, March 26-28, 2007, in an approximate amount of $3,052.92. 

55.             No. LF013107-36 –  Approve Travel Request for James Johns, Dave Stratton, and Tom Vlieger to attend LEEDA Command Institute in Boulder, CO, May 13-18, 2006, in an approximate amount of $3,153. 

56.             No. LF013107-05 – Approve Event Permit from Alex Johnson Hotel for Motorcycle Parking July 9, 2007. 

57.             No. LF013107-06 – Approve Event Permit from Alex Johnson Hotel for Motorcycle Parking July 23, 2007. 

58.             No. LF122706-10A – Approve Event Permit for Rapid City Convention & Visitors Bureau to designate the north side of the 600 block of Main Street as motorcycle parking August 6-10, 2007. 

59.             No. LF013107-07 – Authorize Mayor and Finance Officer to sign Agreement for Independent Contractor Services with Dr. Robert Looyenga. 

60.             No. LF013107-08 – Authorize Mayor and Finance Officer to sign State of South Dakota Consultant Contract/Letter or Agreement for Consultant Services between City of Rapid City and Law Enforcement Training – 911 for the dates of 3/5/07-3/10/07, 6/4/07-6/8/07, and 10/22/07-10/26/07. 

61.             No. LF013107-09 – Approve Travel Request for Mason Short to attend Airport Revenue Conference & Exhibition in Orlando, Florida, February 18-20, 2007, in an approximate amount of $2,221.48. 

62.             No. LF013107-10 – Approve Travel Request for Mason Short, Jerry Brown, and Jo Roebuck Pearson to attend AAAE Spring Legislative Issues Conference in Washington, DC, March 25-28, 2007, in an approximate amount of $4,903. 

63.             No. LF013107-11 – Approve Travel Request for Mason Short and Jennifer Landguth to attend Fourth Annual Resort Airports Conference in Sun Valley, Idaho, April 1-3, 2007, in an approximate amount of $2,814. 

64.             No. LF013107-12 – Approve Travel Request for Larry Noble, Senior Engineering Technician, to attend the University of Wisconsin Madison Instructor Led Training Evaluation and Rehabilitation of Pavements in Las Vegas, NV, February 21-24, 2007 in an approximate amount of $2,731.56. 

65.             No. LF013107-13 – Approve Travel Request for Bimende Malik, GIS Analyst, to attend the ESRI Instructor Led Training Developing Applications with ArcGIS Server Using the Microsoft .NET Framework in St Paul, MN, June 5, 2007 - June 9, 2007 in an approximate amount of $2,250.00. 

66.             No. LF013107-14 – Approve Amendment to GIS Standard Products and Data Pricing  List. 

67.             No. 07TP001 – Authorize Mayor and Finance Officer to sign the Amendment to the 2007 Agreement between the City of Rapid City and the South Dakota Department of Transportation for accomplishing the Rapid City Area Transportation Planning Process – Federal Transit Administration Planning Funds in the amount of $82,989. 

68.             No. LF013107-50 – Approve Amended Annexation Resolution. 

69.             Acknowledge the report on the general fund undesignated cash position. 

70.             No. LF013107-16 – Approve Resolution Fixing Time and Place for Hearing on March 5, 2007 for Assessment Roll for Cleanup Miscellaneous Property. 

71.             Request Marcia Elkins and Jason Green to talk to the local legislators to get bill to address the issue of the local Board of Equalization hearings to allow more representation from other boards. 

72.             No. LF013107-17 – Approve Resolution Establishing Change Fund. 

73.             Request the Finance Officer to draft a letter for the Mayor’s signature to the County Director of Equalization requesting combining the hearings between the City and the County on the property valuation appeals. 

74.             Acknowledge the following volunteers for worker’s compensation purposes:  Library: Connie Ulmer, Rebecca Steffen, Sharon Hall, Beatrice Cruz, Kiley Horst (minor over the age of 12). 

75.             No. LF013107-18 – Approve Resolution Declaring Property Surplus for Streets, Snow Removal, Street Cleaning, Landfill and Material Recovery Facility. 

76.             No. LF013107-19 – Authorize Mayor and Finance Officer to renew Agreement with Black Hills Electric Cooperative and West River Electric Association to reduce the gross receipts tax paid by each from 2% to 1%. 

77.             No. LF013107-39 – Approve Resolution Amending the Non-union Pay Plan to Establish the Position of Facility Maintenance Operations Supervisor. 

78.             No. LF013107-40 – Approve Resolution Amending the Non-union Pay Plan to Establish the Position of Staff Engineer. 

79.             No. LF013107-41 – Approve Resolution to Amend the Title of Risk/Training Manager to Risk Manager/Training Officer. 

80.             No. LF013107-43 – Approve Resolution to Amend the Temporary Pay Matrix. 

81.             No. LF013107-20 – Approve Travel Request for Dave Van Cleave and Robert Druckrey to attend WEF/AWWA Conference in Denver, CO, April 14-18, 2007, in the approximate amount of $2,424. 

82.             No. LF013107-33 – Approve Travel Request for Chuck Larson and Ritchie Nordstrom to attend EPA/CIPCA Treatment Workshop in St. George, UT, May 14-127, 2007, in an approximate amount of $1,340.24. 

83.             No. LF011007-25 – Authorize staff to negotiate a Contract with Designworks, Inc. for design and contract administration services for the Roosevelt Park 2012 Project, Phase 2, and bypass the consultant selection process for this project. 

84.             No. LF013107-21 – Approve Travel Request for Aquatics Specialist Barb Limbo to attend the 2007 National Aquatic Conference in Atlanta, GA, February 27 through March 4, 2007, in the approximate amount of $2,327. 

85.             No. LF013107-22 – Approve Travel Request for Recreation Coordinator (Ice Arena) Cliff Zechiel to attend the 2007 North American Rink Conference & Expo in Chicago, IL, May 14-17, 2007, in an approximate amount of $2,204. 

86.             No. LF013107-52 – Authorize Mayor and Finance Officer to sign 2007 Parks Custodial Contract with Black Hills Workshop. 

87.             No. LF013107-23 – Acknowledge raffle request from Rushmore Chapter of ABATE, Inc. 

88.             No. LF013107-24 – Acknowledge raffle request from American Heart Association. 

89.             No. LF013107-25 – Acknowledge request from Children’s Miracle Network to hold 18th Annual Great Black Hills Duck Race Sunday, July 29, 2007. 

90.             No. LF013107-26 – Acknowledge raffle request from Grandview/South Chess Club. 

91.             No. LF013107-34 – Acknowledge raffle request from Rushmore Curling Club. 

92.             No. LF013107-27 – Authorize Mayor and Finance Officer to sign Assignment Agreement between the City of Rapid City, Bankwest, and Freeland Meadows, LLC (TID No. 55). 

93.             No. LF013107-30 – Acknowledge report on 2006 contracts without City Council approval. 

94.             No. LF013107-44 – Authorize Mayor and Finance Officer to sign Contract for Private Development between Lazy P-6 Land Co., Inc. and the City of Rapid City (TIF #41). 

95.             Acknowledge staff’s report on dangerous dogs in the dog parks. 

96.             No. LF013107-48 – Approve FY 2007 Annual Action Plan – Community Development Block Grant (CDBG) Allocation and moved to authorize Mayor to sign SF 424 and CPMP Certifications. 

97.             No. LF013107-49 – Request staff to stop pursuing Fannie Mae line of credit. 

98.             No. LF013107-53 - Authorize Mayor to sign the SF424 and Certifications required for the application for Safe Haven Grant through the US Department of Justice’s Office of Violence Against Women as the local government co-applicant with WAVI and to request staff to submit the application for consideration by the US Department of Justice. 

99.             No. LF013107-31 – Approve the following abatements:  Donald Balsley - $1,371.40; Clarke & Wilbraham LPI - $1,751.94; Commerce Park LLC - $133.40; R & S Landholding - $1,528.06; Rushmore Car Wash - $199.96; Robert D. Williams - $1,020.24; and Jon E. Ziegler - $6,047.38. 

100.         No. LF013107-32 – Approve abatement for Buckingham Wood Products, Inc. -- $19,017.46; and Jane Heard -- $835.38. 

101.         No. LF013107-51 – Approve abatement for Corner Stone Rescue Mission -- $4,074.80. 

102.         No. LF013107-35 – Approve the following licenses:  House Mover:  Ron Huntley, Huntley Construction; Plumbing Contractor:  Barry Akley, Precision Plumbing Inc.; Brad Bilka, Pine Tree Plumbing Inc.; Todd Chase, American Plumbing Service; Andrew Danner, A D Mechanical; Steve Darling, Plumbing Design & Installation; Keith Jackson, Action Mechanical; Frank Krohmer, Kromher Plumbing; Dwight Kuntz, Badger Mechanical LLC; Bruce Nash, Custom Plumbing; Henry Niemann, Hank’s Plumbing; Larry L Olson, Olson’s Plumbing & Heating; Steve Prestjohn, Black Hawk Plumbing & Heating; Robert Raczynski, AAA Plumbing; David Rohrer, Plumber Dave; Wesley Scholl, Scholl Plumbing & Heating Inc.; Kenneth Skyberg, SEEPCO; Scott Smith, Aqua Plumbing & Heating; John Thomas, A Plus Plumbing LLC; Doug Van Dierendonck, A & E Plumbing; and Dana Walker, Dana’s Plumbing; Plumbing Apprentice:  Tyrel Akley, Travis Neal, and Marvin Tisdall; Plumbing Plumber:  Gerald Barry, Jerry Bryant, Larry Haney, Keith Harrison, Jesse Herndon, Tim Podoll, Ed Stiefvater Jr.; Ronald Turnbaugh, and Ryan Vermuelen; Gas Fitting Apprentice:  Kevin Bad Wound, Bob Baumiller, Todd Dietrich, Casey Fey, Dan Hart, Doyle Heying, Sandi Kile, Casey Smith, and Steven Storm; Gas Fitter:  Justin Burke, Ernie Kouba, John Miller, Kevin Morris, Ralph Schad, Wade Smith, Nick Walenta, and Allan Weinand; Gas Contractor:  Dave McCarthy, McCarthy Services; and George Thompson, MDU; Electrical Contractor:  Cliff Moen, Bergstrom Electric; and Donahue Williamson, Wires “R” Us; Electrical Contractor/Master:  James Plummer, American Electric; Keith Lengkeek, Delta Electric; Scott Hertel, Koala Electric; Travis Swift, Swiftec Inc.; Dik Dahlquist, GEDKO Inc.; Darrel Dahl, Electric Limited; Norman Olson, Rochford Electric; Dean Hartford, City of Rapid City; Lee Blanchard, RC Aread School District; David Taylor, Taylor Electric; Gerald Nuber, City of Rapid City; Gordon Sabo, Sabo Electric; John Wright, Wright Electric; Daniel Pesicka, Pesicka Corporation; Shawn Wiechamnn, Wiechamm Electric; Jeffrey Miller, Wharf Resources USA Inc.; Albert Sutton, Al Sutton Electric; Robert Clarke, Clarke Electric; Robert Schaeffer, Schaeffer Electric; Jim Muellenberg, Muellenberg Electric; Art Balcom, Western Dakota Technical Institute; Robert Baumiller, Electric Solutions; Curt Beatty, Beatty Electric Inc.; Todd Archambeau, Todd’s Electric Service; Mark Beshara, Kilowatt Electric; Donald Morford, Morford Electric; Jess Studt, Studt Electric Inc.; Ken Larus, J – L Electric; Rodney Weis, D & R Electric Inc.; Terry Haskell, H/N Electric; Bruce Hill, Black Hills Electric; Randall Albers, Checker Electric; Dale Schubauer, Dale’s Electric; Les Thayer, Elite One Electric; Wendlin Baumgartner, A & B Electric; Robert Kraft, Kraft Electric; and Michael “Mick” Nagel, Mick’s Electric; Electrical Journeyman:  Robert Baker, Paul Balderramos, Nathan Cole, Dana Gilbertson, Ronald Hamann,  Jim Mosher, Craig Wiseman, James Grass, Jerry Harp, Rick Harter, Craig Kratovil, James Wilson, Calvin Yockey, Troy Digmann, Marvin Harp, Brett Galbraith, Nathan Millard, Leo Rawstern, Adam Daigle, Jeff Groethe, Joseph W Kitchens, Roy Kottwitz, Riley Kotz, Robert Raker, Scott Clarke, Ron Foster, Kale Leenknecht, Michael Stewart,  Tim Bunce, Aaron Evers, Jeff Muellenberg, Josh Stadheim, Michael Watkins, Leo Schrubb,  Brian Demaro, Travis Lind, Kade Schoenberner, Michael Wolff, Ryan Bear, Duane Menning, Larry Tibbs, Gary Alexander, G Robert Bachmeier, Ricky L Rawstern, Clint Zurn, Lee Basco, Jeffrey Beardt, Charles Fleming, Chuck Freeman, John Jaeger, Wade Juve, Mark Preble, Greg Morford, Jeremiah Keller, Daniel Anderson, Daniel Cook, Scott Harris, David Hodina, Dayne Mailloux, Michael Torres, William Albers, Larry Nelson, Glen Roth, Cody Warren, Donahue Williamson, Donald Williamson, Doug Williamson, Tyler Bayne, Clint Hansen, Jon Machacek, Travis McKinstry, Cody Minnerath, Dustin Namanny, Brad Sharp, Mike Shorb, Charlie Smith, Brian Steffen, and Martin Trove; Electrical Master:  Steve Mundahl, Bergstrom Electric; Marlin Alt, Al Sutton Electric; Jared Wilhelmi, Kilowatt Electric; Simon Eaton, Energy Electric; and Brent Pederson, Guyer’s Electric LLC; Class B Electrical:  David Mattox, D & D Electric; and Roy Follum; Sign Contractor:  Hank Sponder, Sponder Outdoor Advertising; Lesley Ruter, Unique Signs Inc.; Gary French, French’s Upholstery; Brendan Casey, Epic Outdoor Advertising LLP; Herman Jones, Stagecoach West Signs Inc.; and Barney Jorensen, Barney’s Signs; Mobile Home Park:  Terry Witmyre, Golden Acres; Northwestern Engineering Company, Meadowlark Hill Mobile Estates; Regency of South Dakota Inc., Brookdale Mobile Home Estates; Pacos Properties, Wheel Estates Mobile Court; and Paradis Properties LLC, Sunshine Mobile Court; Travel Park:  Scott & Sherry Nelson, Lake Park Campground; Residential Contractor:  Terry Hulm, All Star Construction; Carmen Thompson, Americraft Custom Remodeling Inc.; Larry, Dan & Donald Canaday, Remodelmen Inc.; Scott Martin, C S Martin Inc.;  Tosh Pappas, CEMCON Inc.; Philip Hunter, Hunter Enterprises; Dwight Eich, Custom Homes by Eich; Ross & Melanie Jones; Jones Construction Co.; Ryan Kaski, Kaski Homes; Jean R Kroeger II, Kroeger Company; Terry McLaughlin, Mechanical Drywall & Construction; Michael T Benson, MTB Construction Co.; Larry Noble, Noble Construction Company; James Parker, Parker Construction; Jim & Sharon Hansen, Premier Homes Inc.; John Riss, Riss Homes; Stephen Pratt, Steve’s Remodeling & Construction; Brian Sykora, Sykora Construction; Bob Degen, B & D Construction; Robert & Barbara Steele, Steele Construction; Steve Zimmer, SS Home Service LLC; Steven Kroger, West River Masonry; Cal Weidenbach Construction, Cal Weidenbach; Jeff Lage & Jennifer Lage-Landguth, Lage construction Inc.; Tom Bodensteiner, Bodensteiner Beamworks LLC; Joseph & Kelly Avvampato, Avvampato Construction; Robert Clarke; Robert Scull, RCS Construction Inc.; Curt Smith, A-1 Construction Inc.; Roy Erickson, Erickson Construction; Donald E Williams, Advance Home Repair/Remodeling; Joel Boylan, American Builders Inc.; Robert Boyer, E-Z Home Repair; Ronald Lyon, Cousin Construction Inc.; Jared Tordsen, Tordsen Backhoe Service; James V Bailey, J V Bailey Co Inc.; Mike Ryan, Rapid Construction; Ken Brenneise, Brenneise Homes; Mike Tennyson & Greg Brink, Sunrise Construction Inc.; Randy Seidel, Seidel Concrete; Rick Oxner, Oxner Construction; Marvin Hargens, Hargens Construction; and William Lipp, All Phase Inc.; Central Station Service:  Checkpoint Security Systems Group, Inc, Edward Morrissey; Midwest Alarm Co, Inc, Larry McMillen; Protection One Alarm Monitoring, Inc (Irving, TX), Richard I Ginsburg; Protection One Alarm Monitoring, Inc (Wichita, KS), Richard I Ginsburg; Metals & Gems:   Main Furniture Shoppe, Sheryl Uthe; Pawn Shop:  Main Furniture Shoppe, Sheryl Uthe; Second Hand:   Furniture Mart, Susan R Sorbel; Main Furniture Shoppe, Sheryl Uthe; Willy’s Saw Shop, Douglas Williams; Matt Kimball’s Golf Shop, Matthew R Kimball; Software, Etc. #1257, Troy L. Kruse; Security Business:  Aramark Facility Services, Dean Walleen; Asset Security, John C Atkins; Black Watch, Inc, Ryan R Schuler; S & K Security Specialists, Steven L Dary; Shamrock Security, Francis A Kelley; Sewer and Water Contractors:  Tony Bolton, B&B Excavating; Charles E. Davis, Midwestern Ditching; Larry Nelson, Nelson Ditching & Excavating; Charles Beka, Beka Corp.; Edward Thurman, M&E Excavating; Owen Emme, Summit, Inc.; Denny Ivans, Avalon Construction; Robert Powles, Powles & Sons Construction; John Duffield, Duffield Construction, Inc.; Doug Wilson, Site Work Specialists, Inc.; Steve Van Houten, Rapid Construction Company; Gale Raymond, RP&H, Inc.; Trenching Contractors:  Thomas J. Gagliano, Advanced Electrical, Inc.; Douglas F. Brink, Brink Constructors, Inc.; Tim Duda, Slate Ridge Builders, Inc.; Guy Mann, Mann Construction Company; Robert “Scott” Raczynski, AAA Plumbing; Ryan Kaski, Kaski Homes, Inc.; Trenching Journeyman: David Bird, Scott Purcell; Sewer and Water Journeyman:  William Blaine Brown, Thomas Lester, John R. Page, Jack Corr, Scott Bolton, Mike Von Collin, Michael Leiby, Merritt Duffield, Mike Ryan, Donald Krebs, Bryan Wildberger, Lyle Bromwich, Gene Johnson, Tom Anderson, Wayne May; Trenching Journeyman:  Richard C. Walter, Brant Scott Mann, Chris Keyworth, Claude “Jim” Keyworth, Brian Beka, Ron Hazen. 

Growth Management Department Consent Items

103.         No. 06AN006 - A request by City of Rapid City for the State of South Dakota Department of Transportation for a Petition for Annexation on Lots H1, H2 and H3 located in the N1/2 of the NE1/4; and the unplatted balance of the N1/2 of the NE1/4; and the NE1/4 of the NW1/4, all located in Section 30, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of South Dakota Highway 79 and south of Catron Boulevard.

104.         No. 06AN007 - A request by Dream Design International, Inc. for a Petition for Annexation on a tract of land located in the N1/2 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington  County, South Dakota more particularly described as follows: Beginning at the C-W1/16 corner of said Section 3; thence along the east/west 1/4 line of said Section 3 S89º57'22"W a distance of 662.08 feet; thence S89º56'40"W a distance of 208.22 feet; thence S00º12'49"E a distance of 662.59 feet; thence N89º58'04"E a distance of 413.48 feet; thence S00º00'00"E a distance of 31.60 feet; thence N89º52'05"E a distance of 689.38 feet; thence S00º01'33"E a distance of 631.94 feet; thence N89º46'49"E a distance of 159.74 feet; thence S89º56'58"E a distance of 240.23 feet; thence S89º55'17"E a distance of 62.97 feet; thence N89º59'12"E a distance of 252.11 feet; thence N00º14'43"W a distance of 186.68 feet; thence N00º16'15"W a distance of 115.1 feet; thence S89º45'52"W a distance of 92.79 feet; thence N05º55'11"W a distance of 47.62 feet; thence N22º54'31"W a distance of 54.50 feet; thence N40º36'51"W a distance of 920.50 feet; thence N19D10'56"W a distance of 55.10 feet; thence N71º12'38"E a distance of 14.49 feet; thence N00º03'34"W a distance of 170.35 feet; thence S89º57'22"W a distance of 226.32 feet To the point of beginning: said tract containing 28.29 acres more or less, located south of Homestead Street between Elk Vale Road and Degeest Drive.

105.         No. 06PL171 - A request by Fisk Land Surveying for Harley Taylor for a Preliminary Plat on Lots 1 thru 8, Elysian Heights Subdivision and the dedicated Right-of-way, located in the N1/2 SW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the N½ SW¼ of Section 21, T1N, R7E, BHM, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of the N½ SW¼ of said Section 21, said point being also known as the center of said Section 21 and said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates (as shown on the plat recorded in Plat Book 21 page 102) and also coincident with the northwest corner of Lot 9 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), said point being marked by a rebar with cap “LS 1019”; thence, southerly along the north-south quarter section line and along the west line of said Lot 9 of Block 3 of Wildwood Subdivision, S00º00’48”E, a distance of 170.74 feet more or less, to the southwest corner of said Lot 9 of Block 3, of Wildwood Subdivision, said point being coincident with the northwest corner of Lot 10 of Block 3 of Wildwood Subdivision, and said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing southerly along the center quarter section line and along the west line of said Lot 10 of Block 3 of Wildwood Subdivision, S00º03‘36”W, a distance of 655.65 feet more or less, to the southwest corner of said Lot 10 of Block 3 of Wildwood Subdivision, said point being coincident with a point on the northerly line of Lot 11 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 18 on Page 75), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 11 of Block 3 of Wildwood Subdivision, S32º53’42”W, a distance of 67.03 feet more or less, to the westerly corner of said Lot 11 of Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 12 of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 17 on Page 187), and said point being marked by a rebar with cap “FISK LS 1771”; thence, southwesterly along the northwesterly line of said Lot 12 of Block 3 of Wildwood Subdivision, S32º58’25”W, a distance of 65.94 feet more or less, to the northwest corner of said Lot 12 in Block 3 of Wildwood Subdivision, said point being coincident with the north corner of Lot 13R of Block 3 of Wildwood Subdivision (as shown on the plat recorded in Plat Book 30 on Page 34), and said point being marked by a rebar with cap “FISK LS 1771”; thence, S90º00’00”W, a distance of 704.97 feet more or less; thence, North, a distance of 747.30 feet more or less; thence, N69º00’53”W, a distance of 37.22 feet more or less; thence, southwesterly and curving to the right on a curve with a radius of 492.26 feet, a delta of 02º26’04”, an arc length of 20.92 feet more or less, and a chord bearing of S25º13’48”W, and a chord distance of 20.91 feet, more or less; thence, N63º33’10”W, a distance of 100.00 feet more or less; thence, northeasterly and curving to the left on a curve with a radius of 392.26 feet, a delta of 09º44’59”, an arc length of 66.75 feet more or less, and a chord bearing of N21º34’20”E, and a chord distance of 66.67 feet, more or less; thence, S83º00’00”W, a distance of 363.67 feet more or less; thence, S04º41’43”E, a distance of 202.00 feet more or less; thence, S35º35’41”W, a distance of 163.11 feet more or less, to a point on the 1/16th section line; thence, S89º47’34”W, a distance of 331.70 feet more or less, to a point on the 1/256th section line; thence, northerly along said 1/256th section line, N00º12’26”W, a distance of 463.97 feet more or less, to a point on the east-west one-quarter section line of said Section 21, said point also being located on the south line of Lot 9 of Block 5 of Westview Estates Subdivision (as shown on the plat recorded in Plat Book 27 on Page 177); thence, easterly along said one-quarter section line and along the south line of said Lot 9 of Block 5 of Westview Estates and along the south line of Lot 1 of Block 5 of Westview Estates (as shown on the plat recorded in plat Book 27 on Page 177), N89º47’51”E, a distance of 331.81 feet, more or less, to a point on the north-south 1/16th section line, said point being marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot One (1) of Block Five (5) of Westview Estates, N89º46’54”E, a distance of 272.14 feet more or less, to a point marked by a rebar; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 1 of Block 5 of Westview Estates and along the south line of Carriage Hills Drive right-of-way, N89º51’26”E, a distance of 270.78 feet more or less, to the southeast corner of the terminus of Carriage Hills Drive, said point also being coincident with the southwest corner of Lot 27 of Block 3 of Westview Estates (as shown on the plat recorded in Plat Book 27 on page 177), said point being marked by a rebar with survey cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º50’31”E, a distance of 224.99 feet, more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 27 of Block 3 of Westview Estates, N89º48’02”E, a distance of 29.61 feet more or less, to the southeast corner of said Lot 27 of Block 3 of Westview Estates, said point also being coincident with the southwest corner of Lot 26R of Block 3 of Westview Estates (as shown on the plat recorded in plat Book 27 on page 177), said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º52’45”E, a distance of 100.03 feet more or less, to a point marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º46’22”E, a distance of 165.37 feet more or less, said point being marked by a rebar with cap “FISK LS 1771”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot 26R of Block 3 of Westview Estates, N89º48’13”E, a distance of 134.59 feet more or less, to the southeast corner of said Lot 26R of Block 3 of Westview Estates, said point being coincident with the southwest corner of Lot R of Block 3 of Westview Estates, and said point being marked by a rebar with cap “LS 2652”; thence, continuing easterly along said one-quarter section line and along the south line of said Lot R of Block 3 of Westview Estates, N89º48’06”E, a distance of 130.02 feet more or less, to the point of beginning, located at the southern terminus of Carriage Hills Drive.

106.         No. 06PL183 - A request by Sperlich Consulting, Inc. for Jeffrey L. Devine for a Preliminary Plat on a portion of Tract B of the SW1/4 SW1/4, less Lot H-1 of Tract B, located in the SW1/4 S1/4, Section 32, T2N, R8E, BHM, Rapid City,  Pennington County, South Dakota, located at 262 North Cambell Street.

107.         No. 06PL192 - A request by Dream Design International, Inc. for a Preliminary Plat on Tract A of F & N Subdivision, formerly the unplatted portion of the N1/2 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located south of Homestead Street between Elk Vale Road and Degeest Drive.

END OF CONSENT CALENDAR

Public Comment opened – Items 108 - 143

Public Comment closed

NON-CONSENT ITEMS – Items 108 - 143

ORDINANCES

108.         No. 07RZ001 – First Reading, Ordinance No. 5248, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on the north 405.96 feet strip of land, 33 feet wide adjacent to the easterly boundary of the SE1/4 of the NE1/4, located in Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Country Road West.

109.         No. 07RZ002 - First Reading, Ordinance No. 5249, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on a 33 foot wide strip of land adjacent to the easterly boundary of Section 14 beginning 430.21 feet north of the southeast corner of the NE1/4 of the SE1/4 and ending 405.96 feet south of the northeast corner of the SE1/4 of the NE1/4, located in Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Country Road West.

110.         No. 07RZ003 - First Reading, Ordinance No. 5250, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on a 33 foot wide strip of land adjacent to the easterly boundary and extending 430.21 feet north of the southeast corner of the NE1/4 of the SE1/4, and a 33 foot wide strip of land adjacent to the easterly boundary of the N1/2 of the SE1/4 of the SE1/4, all located in Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Country Road West.

111.         No. 07RZ004 - First Reading, Ordinance No. 5251, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by Boschee Engineering for OTS, Inc. for a Rezoning from General Commercial District to Low Density Residential District on a parcel of land located in the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: beginning at the found corner No. 3977 of the southwest corner of Section 22; thence N89º51’52”E along south section line of Section 22, 298.47 feet to the true point of beginning; beginning at a point; thence N89º51’52E 195.37 feet; thence N00º01’07”W 458.25 feet; thence N00º02’33”E 199.35 feet; thence N00º02’33”E 317.97 feet; thence S53º48’13”W 78.46 feet; thence N68º58’39”W 24.58 feet; thence S23º19’30”W 120.85 feet; thence S12º21’02”W 160.14 feet; thence S00º00’00”E 112.04 feet; thence S26º16’50”W 217.16 feet; thence S16º04’27”W 91.13 feet; thence S16º04’27”W 46.34 feet; thence S10º12’24”W 126.12 feet; thence S88º50’10”E 129.50 feet; thence S00º04’44”W 105.50 feet; to the point of beginning; containing 4.48 acres more or less, located at the southern terminus of Bendt Drive.

112.         No. 07RZ005 - First Reading, Ordinance No. 5252, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by Boschee Engineering for OTS, Inc. for a Rezoning from General Agriculture District to Low Density Residential District on a parcel of land located in the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: Beginning at the found corner No. 3977 of the southwest corner of Section 22; thence N89º51’52”E along south section line of Section 22, 493.84 feet to the true point of beginning; thence N89º51’52”E 818.42 feet; thence N00º00’36”E 564.46 feet; thence N89º59’24”W 709.07 feet; thence N76º18’05”W 108.67 feet; thence N00º00’00”W 63.32 feet; along a curve to the left having a radius of 274.00 feet through a central angle of 23º19’30” along said curve having a chord direction of N11º39’45”E; thence N23º19’30”E 113.52 feet; along a curve to the right having a radius of 476.00 feet through a central angle of 27º58’03” along said curve having a chord direction of N09º20’29”E; thence N04º38’33”W 36.30 feet; thence S85º21’27”W 69.30 feet; thence S06º18’31”W 135.46 feet; thence S53º48’13”W 26.53 feet; thence S00º02’33”W 317.97 feet; thence S00º02’33”W 199.35 feet; thence S00º01’07”E 458.25 feet; to the point of beginning; containing 11.31 acres more or less, located at the southern terminus of Bendt Drive.

113.         No. 07RZ006 - First Reading, Ordinance No. 5253, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by CETEC Engineering for Franklin O. Simpson for a Rezoning from General Agriculture to Light Industrial on Tract P of Fountain Springs Business Park and dedicated public right-of-way in the S1/2 of the NE1/4 and the N1/2 of the SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the corner of North Plaza Drive and Fountain Plaza Drive.

114.         No. LF013107-28 – First Reading, Ordinance No. 5221 Clarifying the Time Limits in the Case of Permits Issued Pursuant to the International Building Code by Adding Section 15.12.481 to the Rapid City Municipal Code. 

115.         No. LF0131207-29 – First Reading, Ordinance No. 5223 Clarifying Time Limits in the Case of Permits Issued Pursuant to International Residential Code by Adding Section 15.12.051 to the Rapid City Municipal Code. 

116.         No. 06OA008 – First Reading, Ordinance No. 5234 Allowing Land That Has Been Dedicated for Highway or Roadway Purposes to be Included in the Calculation of the Total Acreage of Land for Purposes of Transferring Land of Forty Acres or More Without Requiring Platting by Amending Section 16.04.320 of the Rapid City Municipal Code. 

117.         No. LF011007-28 – First Reading, Ordinance No. 5244 Setting Forth a Running Five Year Plan in 2012. 

118.         No. LF011007-10 – First Reading, Ordinance No. 5247 Allowing Joint Identification Signs for Development Complexes by Adding Section 15.28.225 to the Rapid City Municipal Code. 

119.         No. LF011007-06 - Second Reading, Ordinance No. 5232 Establishing a Process by Which Exceptions Can be Granted to the City’s Lot Length to Width Requirements by Adding Section 16.24.015

120.         No. 06OA007 – Second Reading, Ordinance No. 5233 Adding Adult Day Care Centers to the List of Conditional Uses Allowed in Medium Density Residential Zoning Districts by Amending Section 17.12.030 of the Rapid City Municipal Code. 

121.         No. LF011007-12 – Second Reading, Ordinance No. 5235 Amending the Prohibited Locations for Appliances Under the International Fuel and Gas Code by Adding Section 15.22.075 to the Rapid City Municipal Code. 

122.         No. LF011007-13 – Second Reading, Ordinance No. 5236 Regulating the Required Clearance for the Maintenance of Appliances by Amending Section 15.26.260 of the Rapid City Municipal Code. 

123.         No. LF011007-14 – Second Reading, Ordinance No. 5237 Removing the Section of the International Fuel and Gas Code Prohibiting the Use of Unvented Room Heaters as the Sole Source of Comfort Heating in a Dwelling Unit by Adding Section 15.22.115 to the Rapid City Municipal Code. 

124.         No. LF011007-15 – Second Reading, Ordinance No. 5238 Regulating when Type I Hoods are Required for Cooking Appliances by Adding Section 15.26.345 to the Rapid City Municipal Code. 

125.         No. LF011007-16 – Second Reading, Ordinance No. 5239 Regulating the Location of Unvented Room Heaters by Adding Section 15.22.117 to the Rapid City Municipal Code. 

126.         No. LF011007-17 – Second Reading, Ordinance No. 5240 Removing the Section of the International Mechanical Code Regulating the Installation of Unvented Gas Log Heaters by Adding Section 15.26.535 to the Rapid City Municipal Code. 

127.         No. LF011007-18 – Second Reading, Ordinance No. 5241 Raising the Value of Construction for which Construction Documents are Required by Amending Section 15.26.080 of the Rapid City Municipal Code. 

128.         No. LF011007-19 – Second Reading, Ordinance No. 5242 Regulating the Location of Fuel-Fired Appliances by Adding Section 15.26.255 to the Rapid City Municipal Code. 

129.         No. LF011007-22 – Second Reading, Ordinance No. 5243 Regarding Supplemental Appropriation No. 1 for 2007. 

130.         No. LF011007-26 – Second Reading, Ordinance No. 5245 Adding the Greenway North of Rapid Creek, and South of New York Street between East Blvd. and 5th Street as an Area Exempt from the Animal Restraint Requirement by Amending Section 6.12.035 of the Rapid City Municipal Code. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

LEGAL & FINANCE COMMITTEE ITEMS

131.         No. LF013107-15 – Authorize Mayor and Finance Officer to sign Covenant Agreement. 

132.         Set special Council meetings for Monday, March 19, 2007 (8:00 a.m. to 5:00 p.m.); Wednesday, March 21, 2007 (8:00 a.m. to 5:00 p.m. and 7:00 p.m. to 9:00 p.m.); Thursday, March 22, 2007 (8:00 a.m. to 5:00 p.m. and 7:00 p.m. to 9:00 p.m.); and Friday, March 23, 2007 (8:00 a.m. to 5:00 p.m.) to hear appeals on property valuation as the Local Board of Equalization

PUBLIC WORKS COMMITTEE ITEMS

133.         No. PW010907-05 – Approve Change Order No. 1 for Prairie Fire Sewer Main - Southside Drive Sanitary Sewer Trunk Line; Project No. SS06-1594 / CIP No. 50659 to Site Works Specialists, Inc. for an increase of $12,381.77. 

134.         Bus Benches, Alderman Kroeger

135.         No. PW010907-17 Removal of dead trees from Wildwood Drive and Sheridan Lake Road

BIDS

136.         No. CC020507-02 -- 2007 Street Marking Contract Project No.  PM07-1616 / CIP No. 50593 (opened January 23, 2007)

137.         No. CC020507-02 -- Rushmore Plaza Civic Center Multipurpose Addition (Re-bid), Bid Package 2 Project No. IDP06-1555 (opened January 30, 2007)

138.         No. CC020507-02 -- Rapid City Fire Department Burn Building Site and Building Foundation Project No. FD07-1634 (opened January 30, 2007)

139.         No. CC020507-02 -- Highway 44 & Elk Vale Watermain Loop Project No. W03-1248 / CIP No. 50371 (opened January 30, 2007)

140.         No. CC020507-02 -- Fuel Cards for All City Departments (opened February 5, 2007)

141.         No. CC011507-02 - Rapid City Fire Department Burn Building Project No. FD07-1634 (opened January 9, 2007)

MAYOR’S ITEMS

142.         2012 Report

COUNCIL ITEMS & LIAISON REPORTS

143.         No. LF013107-03 / No. CC020507-03 – Civic Center Alternative Funding Options, Aldermen Kooiker, Schumacher

Reconsideration Notices

Motion for Delivery of Items from Committee

STAFF ITEMS

APPEALS

DARB

License application appeals

Sign Code Appeals

Other Appeals Heard by the Council

CIP COMMITTEE ITEMS

PUBLIC HEARING ITEMS

Open Public Hearing (comment) -- Items 144 – 173

CONTINUED PUBLIC HEARING CONSENT ITEMS – Items 144 - 157

Remove Items from the “Continued Public Hearing Consent Items” and Vote on Remaining Continued Public Hearing Consent Items

Continue the following items until February 19, 2007:

144.         No. 06CA028 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to amend the Major Street Plan to change an arterial street to a collector street, to eliminate a collector street and to relocate a collector street on Parcel 1 thru 15 and detention ponds, Rushmore Crossing, Sections, 29, 30, 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as DESCRIPTION No. 1: Lot BR of Lot 2 of the SE1/4 SW1/4, Section 29 in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103; DESCRIPTION No. 2: Lot C of Lot 2 of the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 15, Page 103; DESCRIPTION No. 3: Tract C of the SW1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 11, Page 68; DESCRIPTION No. 4: that portion of the SW1/4, Section 29,T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, lying South of Lot H3 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 109 and lying  South of Lot H1 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 113 and lying South of Lot H2 of said SW1/4 as shown on the plat filed in Highway Plat Book 3, Page 292 and lying South of Lot H4 of said SW1/4 as shown on the plat filed in Highway Plat Book 10, Page 150 (Interstate 90 right-of-way) and lying North of the Railroad right-of-way; excepting therefrom Lot A of the SE1/4 SW1/4, as shown on the plat filed in Plat Book 10, Page 122;  AND excepting therefrom Tract C of said SW1/4, as shown on the plat filed in Plat Book 11, Page 68; and excepting therefrom Lot 1R, Lot BR of Lot 2 and Lot C of Lot 2 of the SE1/4 SW1/4, as shown on the plat filed in Plat Book 15. Page 103; and excepting therefrom the W1/2 SW1/4 SW1/4 SW1/4 lying North of said Tract C; DESCRIPTION No. 5: that portion of the N1/2 SE1/4 lying South of Lots H1 and H2 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 3, Page 288 and lying South of Lot H3 of said N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 148 (Interstate 90 right-of-way) and the N1/2 NE1/4 SE1/4 SE1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; excepting therefrom Lot D of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 7, Page 70; and excepting therefrom Lots E and M of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 7, Page 71; and excepting therefrom Lots C and L of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 8; Page 132; and excepting therefrom Tract 1 of Flack - Hendricksen Subdivision of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 16, Page 205; and excepting  therefrom Lots 1 and 2 in Block 2 of Rapps Addition of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 23, Page 166; and excepting therefrom Lots 1 and 2 of Bedco Subdivision of the NW1/4 SE1/4 as shown on the plat filed in Plat Book 26, Page 61; and excepting therefrom any dedicated streets, avenues or alleys lying within said plats; and excepting therefrom the Lot H1 of the S1/2 N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 163; and excepting therefrom that portion of the SE1/4 NW1/4 SE1/4 and that portion of the SW1/4 NE1/4 SE1/4 lying south of said Lot H1 of the S1/2 N1/2 SE1/4 as shown on the plat filed in Highway Plat Book 10, Page 163; DESCRIPTION No. 6: Lot 1R, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 7: Lot 1 of the SW1/4 SE1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 8: Lot A of Lot 2, located in the SE1/4 SW1/4, Section 29, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 9: a portion of the unplatted portion of the SE1/4 NW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 10: the unplatted portion of the SW1/4 NE1/4 SE1/4, Section 30, lying south of Lot H1, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 11: the unplatted portion of the SW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 12: the unplatted portion of the SE1/4 SE1/4 and excepting therefrom the N1/2 NE1/4, SE1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 13: the W1/2 SW1/4, SW1/4 SW1/4, Section 29, lying north of Tract C, T2N, R8E, BHM, Pennington County, South Dakota; DESCRIPTION No. 14: the Farnwood Avenue Right-of-Way, located in the SW1/4 SE1/4, Section 30, T2N, R8E, BHM, Pennington County, South Dakota, located south of I-90 between North LaCrosse Street and East North Street.

145.         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, Elks Meadows Subdivision, 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.

146.         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.

147.         No. 06PL169 - A request by Boschee Engineering for Dr. Don Oliver for a Preliminary Plat on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West.

148.         No. 06PL178 - A request by Boschee Engineering for OTS, Inc. for a Preliminary Plat on Lots 1 thru 8 of Block 1, lots 1 thru 8 of Block 2, Lots 1 thru 17 of Block 3, and lots 1 thru 9 of Block 4, located in the SW1/4 SW1/4, W1/2 SE1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 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.

149.         No. 06PL189 - A request by Michael Hanson for John & Meredith Humke for a Preliminary Plat on Lots 24A and 24B of Block 3 of Stoney Creek Subdivision, formerly Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 24 of Block 3 of Stoney Creek Subdivision, located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Nugget Gulch Drive and Harvard Avenue.

150.         No. 06PL191 - A request by D. C. Scott Co. Land Surveyors for G. E. Commercial Finance for a Preliminary Plat on Lots 1 and 2 of IGT Subdivision, located in the W1/2 of the SW1/4, and the SW1/4 of the NW1/4, formerly Tract B of Tract 1 of the W1/2 of the SW1/4 of Section 23, and Tract 2 of the SW1/4 of the NW1/4 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract B of Tract 1 of the W1/2 of the SW1/4 of Section 23, and Tract 2 of the SW1/4 of the NW1/4 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the west side of South Highway 16 and south of Fox Road.

151.         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.

152.         No. 06SV066 - A request by Boschee Engineering for Dr. Don Oliver for a Variance to the Subdivision Regulations to waive the Requirement to install curb, gutter, sidewalk, street light conduit, water, sewer, pavement; and to allow 10 foot wide dirt road to serve as access to Lot 1 and to allow Wilderness Canyon Road to remain a 24 foot paved street with water as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3, Block 1, Oliver Subdivision, located in the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 SE1/4, Section 7, T1S, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wilderness Canyon Road and 47th Avenue West.

153.         No. 06SV069 - A request by Fisk Land Surveying for Judy Lien for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks, curb, gutter, street light conduit, sewer and water main along Mall Drive and N. Maple Avenue and to reduce the pavement width from 40 feet to 26 feet along Mall Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2, 3 and 4 of LJS Subdivision, formerly a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NW1/4, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at Maple Avenue and Mall Drive.

154.         No. 06SV079 - A request by D. C. Scott Co. Land Surveyors for G. E. Commercial Finance for a Variance to the Subdivision Regulations to waive the requirement to install sewer along the section line highway and Berglund Road; to waive the requirement to install street light conduit along Berglund Road and Fox Road; to allow platting half the Right-of-way, to waive the requirements to install curb, gutter, sidewalk, street light conduit, sewer and water along the section line highway, and the US Hwy 16 service road as per Chapter 16.16 of the Rapid City Municipal Code on Tract B of Tract 1 of the W1/2 of the SW1/4 of Section 23, and Tract 2 of the SW1/4 of the NW1/4 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Promise Road and U.S. Highway 16 South.

155.         No. 06VR009 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on Lot 2, O'Meara Addition and Lot B of the SW1/4, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to Tower Road at the intersection of Skyline Ranch Road and Tower Road.

Continue the following items until March 5, 2007:

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

Continue the following items until April 2, 2007:

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

END OF CONTINUED PUBLIC HEARINGS CONSENT ITEMS

Close Public Hearing (comment) -- Items 144 – 173

CONSENT PUBLIC HEARING ITEMS – Item 158 - 163

Remove Items from the “Consent Public Hearing Items” and Vote on Remaining Consent Items

GROWTH MANAGEMENT ITEMS

ALCOHOL LICENSES

158.         Raymond Graff dba Dublin Square, 504 Mt. Rushmore Road for a Retail (On-Sale) Liquor License TRANSFER from SKS Productions dba Venue Eight, 504 Mt. Rushmore Road

159.         Dan Trieu Ly dba Golden Fortune, 1204 East North Street for a Retail (On-Sale) Wine License

160.         Pennington County Democratic Party for a Special Wine License for an event scheduled February 9, 2007 at Prairie Edge Trading Company & Galleries, 606 Main Street

ASSESSMENT ROLLS

161.         No. PW103106-22 – Resolution Levying Assessment for Fairview Street Sewer Extension Project No. SS06-1556 (9th Street to West Boulevard, Clark Street to Fairview Street)

162.         No. PW010907-12 – Resolution Levying Assessment for East Franklin Street Sanitary Sewer Project No. SS06-1557

163.         No. PW122606-10 -- Resolution of Necessity for Block 12, Millard Addition Sanitary Sewer Extension (Van Buren Street north between Halley Avenue and Blaine Avenue) Project No. SS06-1625

OTHER ITEMS REQUIRING PUBLIC HEARINGS

NON-CONSENT PUBLIC HEARING ITEMS – Items 164 - 173

164.         No. 06PD070 – An appeal of the Planning Commission’s decision on a request by J Scull Construction for a Planned Residential Development - Initial and Final Development Plan on Lots 1 thru 16, Evergreen Condominiums, and Lot B of Lot 14, less North 80 feet of the East 255 feet of Lot B, platted, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1626 Evergreen Street.

165.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sewer along Cambell Street as it abuts a portion of Tract B of the SW1/4 of the SW1/4, less Lot H1 of Tract B, located in the SW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of East Philadelphia Street and Cambell Street. (06SV077)

166.         No. 06SV077 - A request by Sperlich Consulting for Jeffrey L. Devine for a Variance to the Subdivision Regulations to waive the requirement to constuct sewer main along Campbell Street to the north property line as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Devine Subdivision and the balance of Tract B of the SW1/4 of the SW1/4, formerly a portion of Tract B of the SW1/4 of the SW1/4, less Lot H1 of Tract B, located in the SW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract B of the SW1/4 of the SW1/4, less Lot H1 of Tract B, located in the SW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of East Philadelphia Street and Cambell Street.

167.         No. 06UR023 - An appeal of the Planning Commission’s decision on a request by Jay Van Hunnik for Wellspring, Inc. for a Conditional Use Permit to allow a teenage care center in a Medium Density Residential District on Lots 2 thru 15 and Lots 18 thru 34 of Block 9 of the Cottonwoods Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3402 Cottonwood Street.

168.         No. 06VR011 - A request by Renner & Associates for Pete Lien and Sons for a Vacation of Right-of-Way on the Feist Road right-of-way located in the NW1/4 of the NE1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located southwest of the intersection of Schaffer Road and Universal Drive.

169.         No. 07CA001 - A request by City of Rapid City for an Amendment to the Adopted Comprehensive Plan to change the land use designation from Park Forest to Medium Density Residential with a Planned Residential Development on  a parcel of land in the NW¼ of the SW¼, Section 26 and the NE¼ of the SE¼, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows; Beginning at the Northwest corner of Tract B of Fountain View Subdivision as recorded in Book 29, Page 239, Said point being monumented with an Iron rod; Thence S72º10’55”W along the Right-of-Way of Harmony Heights Lane a distance of 319.49 feet to a point; Thence along the Right-of-Way of Harmony Heights Lane through a curve to the right having a radius of 229.63 feet, a distance of 3.70 feet; Thence S00º02’56”E 469.04 feet to a point on the South line of the NE¼ SE¼ of said Section 27; Thence N89º41’23”E 114.61 feet along said South line to a point on the East line of the NE¼ SE¼ of said Section 27 monumented with an Iron rod; Thence N89º55’39” E 390.12 feet along the South line of the NW¼ SW¼ of said Section 26 to a point; Thence N00º01’21”W 325.13 feet to a point; Thence S89º58’39”W 122.54 feet to a point; Thence N24º44’05”E 64.04 feet to a point on the 125 foot radius non-tangent curve of said Tract B that concaves to the Northeast; Thence along said curve to a chord intersect point N41º33’15”W at a distance of 100.51 feet; Thence N17º50’42”W 113.81’ along the West line of said Tract B to the Point of Beginning, located southwest of the intersection of Harmony Heights Lane and Sunny Springs Drive.

170.         No. 06RZ068 - Second Reading, Ordinance No. 5228, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on a 33 foot wide strip of land adjacent to the easterly boundary of the NE1/4 of the SE1/4 of the NE1/4, all located in Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Country Road West.

171.         No. 06RZ069 - Second Reading, Ordinance No. 5229, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on a 33 foot wide strip of land adjacent to the easterly boundary of the SE1/4 of the SE1/4 of the NE1/4; and a 33 foot wide strip of land adjacent to the easterly boundary of the NE1/4 of the SE1/4, all located in Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Country Road West.

172.         No. 06RZ070 - Second Reading, Ordinance No. 5230, An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on a 33 foot wide strip of land adjacent to the easterly boundary of the N1/2 of the SE1/4 of the SE1/4, all located in Section 14, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Country Road West.

173.         No. 06RZ071 - Second Reading, Ordinance No. 5246 , An Ordinance Amending Section 17.06 of Chapter 17 of The Rapid City Municipal Code, Rezoning the Within Described Property as requested by City of Rapid City for a Rezone property from No Use District to General Agriculture District on Lots H1, H2 and H3 located in the N1/2 of the NE1/4; and the unplatted balance of the N1/2 of the NE1/4; and the NE1/4 of the NW1/4, all located in Section 30, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of South Dakota Highway 79 and south of Catron Boulevard.

BILLS

174.         No. CC020507-01 Bill List for February 5, 2007

ADJOURN