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ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.

Please remember to turn all cellular phones off or to vibrate when entering the council chambers.

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

March 6, 2006 - 7:00 P.M.

(Note, as a result of the adoption of the City Council Policies & Procedures,  the format of the agenda has changed.)

ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

APPROVE MINUTES of February 20, 2006 and February 22, 2006 Information Committee

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Citizen of the Month for March, 2006

GENERAL PUBLIC COMMENT

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

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

2.                  No. PW121305-14 Resolution of Necessity for Clark Street Sanitary Sewer Extension Project SS05-1480. 

3.                  No. 06FV001 Approve a Fence Height Exception to allow a fence height of 11 feet with three strands of barbed wire in lieu of six feet as required by Chapter 15.40 of the Rapid City Municipal Code for petitioner Kadrmas, Lee and Jackson for Rapid City Regional Airport on Lots 2 and 3 of R.C. Airport Subdivision No. 4, Section 6, T1N, R9E; and Lot 1 of R.C. Airport No. 4, Section 5, T1N, R9E; and Lots 4 and 5 of R.C. Airport Subdivision No. 4, Section 7, T1N, R9E; and Lot 6 of R.C. Airport Subdivision No. 4, Section 8, T1N, R9E; and Lots 3, 4, 5, 6 and Lot 7 of R.C. Airport Subdivision No.1, Section 8, T1N, R9E; and Lots 1 and 2 of SW1/4, Lot 1 of SW1/4 SE1/4 Section 8, T1N, R9E; and Lots 2, 3, 4, 5 and Lot 6 of R.C. Airport Subdivision No. 2, Section 8, T1N, R9E; and all of Section less PT of R.C. Airport Subdivision No. 6, Section 17, T1N, R9E; and Lot P-2 and Lot T (also in Section 20) R.C. Airport Subdivision No. 6, T1N, R9E; and Lots 1 and 2 of R.C. Airport Subdivision No. 3, Section 9, T1N, R9E; and N1/2 less PT of R.C. Airport No. 6, Section 20, T1N, R9E; and Lot P-1 of R.C. Airport No. 6, Section 20, T1N, R9E; and Lot 2 of R.C. Airport Subdivision No. 5, Section 20, T1N, R9E; and W1/2 NW1/4, NW1/4 SW1/4, PT SW1/4 SW1/4, Tract G, H & I, Section 20, T1N, R9E; and Lots 3, 4, 5, 5A and Lot 6 of R.C. Airport Subdivision No. 5, Section 21, T1N, R9E; and Lots 7 and 8 of R.C. Airport Subdivision No. 5, Section 28, T1N, R9E; and Lot H-1 of the NW1/4 N/W1/4 Section 16, T1N, R9E; and the entire Terminal Road and Airport Road rights-of-way located in Sections 17 and 20, T1N, R9E; and All located in BHM, Rapid City, Pennington County, State of South Dakota, more generally described as being located at the Rapid City Regional Airport. 

4.                  No. 06VE002 Approve a Vacation of a Minor Drainage and Utility Easement for petitioner CETEC Engineering Services, Inc. for R & S Land Holdings on Lots 7 and 8, Block 1, Northstar Subdivision, NE1/4 NE1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northeast corner of the intersection of Emerson Lane and Dane Lane. 

5.                  No. 05SV079 - 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 and additional Right-of-Way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 28 and 29 of Forest Park Estates Subdivision, formerly Lot 25R of Forest Park Estates Subdivision and all of Lot B Revised of the E1/2 of the SW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 25R of Forest Park Estates Subdivision and all of Lot B Revised of the E1/2 of the SW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4231 Starlite Drive.

6.                  No. 05SV080 - A request by Dennis Johnson for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk and pavement along Cavern Road and the access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lots A and B of Tract 4 Revised of Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Tract 4 Revised of Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, located at 2600 Cavern Road.

7.                  No. 05SV088 - A request by CETEC Engineering for Bruce Kulpaca for a Variance to the Subdivision Regulations to allow a Lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 8 - 12 of Block 1, Park Hill Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract B of Park Hill Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north and south sides of Park Hill.

8.                  No. 05UR021An Appeal of the Planning Commission’s decision on a request by Kennedy Design Group, Inc. for Cimarron Casino, Inc. for a Conditional Use Permit to allow an on-sale liquor establishment on Lots 1-4 of Block 26 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 703 and 705 Indiana Street.

9.                  No. 05VR016 - A request by Paul Lowe for a Vacation of Right-of-Way on that portion of Croyle Avenue in Lot A of Lot 1 of Roher Subdivision lying easterly of a line which is 33 feet easterly and parallel to the centerline of Croyle Avenue, located in the SW1/4 SE1/4, Section 29, T1N, R7E, BHM, Pennington County, South Dakota, located at 2011 Croyle Avenue.

10.             Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water and sewer along Elk Vale Road as they abut Lot A of the NE1/4 of the NW1/4 less Lot H1 and less the Right-of-Way and the unplatted portion of the NW1/4 of the NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Elk Vale Road and Old Folsom Road. (06SV003)

11.             No. 06SV003 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to allow a lot twice as long as it is wide and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 7 of Marlin Industrial Park, located in Lot A Lot A of the NE1/4 of the NW1/4 less Lot H1 and less the Right-of-Way and the unplatted portion of the NW1/4 of the NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot A of the NE1/4 of the NW1/4 less Lot H1 and less the Right-of-Way and the unplatted portion of the NW1/4 of the NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Elk Vale Road and Old Folsom Road.

12.             No. 06SV007 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 4, Block 1; Lots 1 thru 9, Block 2; and outlot A of Neff Subdivision, formerly the unplatted portion of the NW1/4 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Avenue A and Sweetbriar Street.

LEGAL & FINANCE COMMITTEE ITEMS

13.             No. LF030106-30 Approve the Travel Request for Kay Rippentrop and Karie Price to attend National ADA Symposium in St. Louis, MO, April 10-12, 2006, in the approximately amount of $2,745. 

PUBLIC WORKS COMMITTEE ITEMS

14.             Approve a proposal to place banners on street light poles; and grant authority to the Public Works Director to sign off on specific banner locations.

15.             No. PW022806-04 Approve an exception to the Street Design Criteria Manual, Section 8.2.1(B), to allow two (2) 35 foot driveways in lieu of a maximum 28 foot wide driveway opening at 1902 Mount Rushmore Road.

16.             No. PW022806-05 Approve an exception to the Street Design Criteria Manual, Section 8.2.3 and Figure 8-1, to allow a minimum distance of 133 feet between a signalized arterial and the driveway, in lieu of a minimum distance of 230 feet; and approve an exception to the Street Design Criteria Manual, Section 8.2.4, to allow a driveway with a minimum spacing of approximately 35 feet and 8 feet between driveways and a driveway with a minimum spacing of approximately 68 feet and 20 feet between driveways in lieu of the minimum 75 feet. 

17.             No. PW022806-24 Authorize the Mayor and Finance Officer to sign DM&E Railroad Pipeline Applications for Marlin Industrial Park, Hani Shafai, Dream Design International. 

18.             Approve a Resolution Regarding Older Infrastructure as it relates to the .16 Utility Fund, Alderman Schumacher

19.             Reschedule March Information Meeting to March 29, 2006 at 12:30 P.M.

20.             No. CC030606-06 ADA Compliance update report

21.             Set a hearing date of Thursday, March 30, 2006 at 7:00 P.M. to discuss Canyon Lake Park Road and Safety Issues. 

22.             No. CC030306-05 2006 Local Board of Equalization. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

23.             No. CC030606-03 Direction to staff regarding Lamplighter Inn following discussion of International Building Code Board of Appeals

ORDINANCES & RESOLUTIONS

24.             No. LF020106-22A First Reading, Ordinance No. 5137 Modifying the Term of Service for the Members of the Rapid City Regional Airport Board by Amending Section 2.72.020 and 2.72.030 of the Rapid City Municipal Code. 

25.             No. LF030106-19 First Reading, Ordinance No. 5139 Creating the Division of Community Development Within the City Attorney’s Office by Amending Chapter 2.16 of the Rapid City Municipal Code and by Amending Section 2.47.040 of the Rapid City Municipal Code and by Repealing Chapter 2.24 of the Rapid City Municipal Code. 

26.             No. LF030106-25 First Reading, Ordinance No. 5140 Increasing the Allowed Length for a Common Path of Egress Travel in R-2 Occupancies by Adding Section 15.12.727 to the Rapid City Municipal Code. 

27.             No. 05RZ047 Second Reading, Ordinance No. 5083, a request by Buescher Frankenberg Associates for Wal-Mart Stores, Inc. for a Rezoning from General Agriculture District to General Commercial District on a tract of land located in Sections 34 and 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, a ½ inch pipe, thence S00º02’58”E along the section 1/16 line, a distance of 868.95 feet to the Point of Beginning; Thence first course: S00º02’58”E along the section 1/16 line, a distance of 467.74 feet to the southeast corner of the NW¼ of NW¼ of Section 35, T1N, R7E, BHM, a 5/8” rebar w/cap “4225”; Thence second course: S00º02’58”E along the section 1/16 line a distance of 1331.33 feet to a 5/8” rebar w/cap “4225”, which is the southeast corner of the SW¼ of NW¼ of Section 35, T1N, R7E, BHM; Thence third course: N89º24’46”W along the east-west Section ¼ line of same Section 35, a distance of 1326.32 feet to a 5/8” rebar w/cap “4225” which is the west Section ¼ corner of Section 35, T1N, R7E, BHM; Thence fourth course: S89º42’51”W, a distance of 104.64 feet along the east-west Section ¼ line of Section 34, T1N, R7E, BHM to a 5/8” rebar w/cap “4225” located on the east right of way line of South Dakota Highway 16 and the beginning of a nontangent curve, concave to the northwest, having a radius of 2492.00 feet, a delta angle of 15º55’17”, a chord bearing of N15º16’33”E, and a chord length of 690.25 feet; Thence fifth course: Northeasterly along said curve and the east right of way of South Dakota Highway 16, through an angle of 15º55’17”, and an arc length of 692.47 feet to a 5/8” rebar w/cap “4225” which is the beginning of a nontangent line; Thence sixth course: N82º41’04”W along the east right of way of South Dakota Highway 16, a distance of 50.00 feet to a 5/8” rebar w/cap “4225”; Thence seventh course: N07º18’56”E along the east right of way line of South Dakota Highway 16, a distance of 658.85 feet to a 5/8” rebar w/cap “4225”; Thence eighth course: N07º18’56”E, along the east right of way line of South Dakota Highway 16, a distance of 598.55 feet; Thence ninth course: S83º18’29”E a distance of 1144.76 feet to the Point of Beginning, all located in the W½ of the NW¼ of Section 35, T1N, R7E, BHM, and in the SE¼ of the NE¼ of Section 34, T1N, R7E, BHM, Pennington County, South Dakota. Said parcel contains 53.717 acres, more or less, located east of U.S. Highway 16 and north of Sammis Trail.

28.             No. 06RZ003 Second Reading, Ordinance No. 5138, a request by City of Rapid City for a Rezoning from General Agriculture District to Low Density Residential District on Lots 1 thru 19, Block 1 and Lots 1 thru 10, Block 2 and adjacent Rights-of-Way, Stoneridge Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Parkview Drive along Gemstone Drive, Jewel Court and Enchanted Pines Drive.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 29-45

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 March 20, 2006:

29.             No. 05CA018 - A request by City of Rapid City for an Amendment to the Comprehensive Plan amending the Major Street Plan by eliminating and realigning several collector and arterial roads on all located in Sections 23, 24, 25, 26, 34, 35 and 36 in T1N, R7E, BHM, Pennington County, South Dakota, and Sections 19, 29, 30, 31 and 32, T1N, R8E, BHM, Pennington County, South Dakota, and Sections 1, 2, 3, 11 and 12, T1S, R7E, BHM, Pennington County, South Dakota, and Sections 5, 6, 7, 8, 17 and 18, T1S, R8E, BHM, Pennington County, South Dakota, located south of Minnesota Street, north of Spring Creek Road, east of US Highway 16 and west of SD Highway 79.

30.             No. 05CA054 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to adopt the Red Rock Canyon Drainage Basin Design Plan on Red Rock Canyon Drainage Basin, located in all or portions of Sections 7, 8, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31 and 32, T1N, R7E, and Sections 25 and 37, T1N, R6E, BHM, Pennington County, South Dakota, located between Rapid Creek and Spring Creek in and adjacent to the Western Corporate Limits of the City of Rapid City.

31.             No. 05PL232 - A request by Dennis Johnson for a Preliminary Plat on Lots A and B of Tract 4 Revised of Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Tract 4 Revised of Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, located at  2600 Cavern Road.

32.             No. 05VR015 - A request by Peter Hendricksen for a Vacation of Right-of-Way on Sunnyside Avenue Right-of-Way lying adjacent to Lots 1 thru 14; the Poplar Avenue Right-of-Way lying adjacent to Lots 14, 15 and 20 foot alley Right-of-Way; and the 20 foot alley Right-of-Way lying adjacent to Lots 8 thru 14 and Lots 15 thru 21, all located in Block 11, Plainsview Second Addition, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Poplar Street and Sunnyside Avenue.

33.             No. 06CA001 - A request by Designworks, Inc. for Founder's Park, LLC for a Amendment to the Comprehensive Plan to revise the Major Street Plan to eliminate West Street as a collector street on the unplatted portion of the W1/2 NW1/4 SE1/4 and Block 1 of North Riverside Addition; all located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1350 West Chicago.

34.             No. 06PL001 - A request by Designworks, Inc. for Founder's Park, LLC for a Layout Plat on Lots 1, 2 and 3 of Founder's Park Subdivision, located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NW1/4 SE1/4 and Block 1 of North Riverside Addition; all located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1350 West Chicago.

35.             No. 06PL003 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 10 thru 21 of Block 2; Lots 2 thru 8 of Block 9; Lots 1 thru 4 of Block 13 of Red Rock Meadows Subdivision, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 of the NW1/4 of the NW1/4 of Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Dunsmore Road.

36.             No. 06PL004 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 7 of Marlin Industrial Park, located in Lot A Lot A of the NE1/4 of the NW1/4 less Lot H1 and less the Right-of-Way and the unplatted portion of the NW1/4 of the NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot A of the NE1/4 of the NW1/4 less Lot H1 and less the Right-of-Way and the unplatted portion of the NW1/4 of the NE1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Elk Vale Road and Old Folsom Road.

37.             No. 06PL011 - A request by D.C. Scott Surveyors, Inc., for William Morrison for a Preliminary Plat on Lots 1, 2 and 3 of Morrison Subdivision (formerly Parcel B of Lot 3), located in the SW1/4 SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Parcel B of Lot 3, located in the SW1/4 SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to the north side of Green Valley Drive and east of Reservoir Road.

38.             No. 06PL012 - A request by Boschee Engineering for Mike Gould for a Layout Plat on Lots 1 thru 16, Darlington Estates, formerly that portion of the NE1/4 lying west of the Railroad Right-of-Way; and 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; and the N1/2 NW1/4, Section 34, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Old Folsom Road and Lamb Road.

39.             No. 06PL013 - A request by Centerline, Inc. for PLM Land Development, LLC for a Layout Plat on Lots 1 thru 92, PLM Subdivision, Phase 2A, Section 13 T1N, R7E, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 less N1/2 N1/2 N1/2 N1/2 SW1/4 SW1/4; the unplatted balance of the N1/2 NW1/4; and the unplatted balance of the SW1/4 NW1/4, Section 13 T1N, R7E, Rapid City, Pennington County, South Dakota, located south of Minnesota Street and west of Fifth Street.

40.             No. 06PL014 - A request by D. C. Scott Surveyors, Inc. for West River Electric Association for a Preliminary Plat on Lot 1R of Neff's Subdivision No. 3 (formerly Lot 1 of Neff's Subdivision and the unplatted portion of the SW1/4 SW1/4), Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Neff's Subdivision No. 3 and the unplatted portion of the SW1/4 SW1/4, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 400 Elk Vale Road.

41.             No. 06SV001 - A request by Centerline for Founder's Park, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement, and to dedicate additional Right-of-Way along the access easements and to waive the requirement to install sidewalk along both sides of the internal streets as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Founder's Park Subdivision, located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NW1/4 SE1/4 and Block 1 of North Riverside Addition; all located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1350 West Chicago.

42.             No. 06SV004 - A request by D.C. Scott Surveyors, Inc., for William Morrison 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 waive the requirement to dedicate a ten foot wide planting screen easement as per Chapter 16.16 of the Rapid City Municipal Code on Parcel B of Lot 3, located in the SW1/4 SW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to the north side of Green Valley Drive and east of Reservoir Road.

43.             No. 06SV005 - A request by Centerline, Inc. for PLM Development, LLC for a Variance to the Subdivision Regulations to reduce the pavement width from 27 feet to 24 feet and reduce the Right-of-Way width from 52 feet to 49 feet as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 92, PLM Subdivision, Phase 2A, Section 13 T1N, R7E, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 SW1/4 less N1/2 N1/2 N1/2 N1/2 SW1/4 SW1/4; the unplatted balance of the N1/2 NW1/4; and the unplatted balance of the SW1/4 NW1/4, Section 13 T1N, R7E, Rapid City, Pennington County, South Dakota, located south of Minnesota Street and west of Fifth Street.

44.             No. 06SV006 - A request by D.C. Scott Surveyors, Inc. for West River Electric Association for a Variance to the Subdivision Regulations to waive the requirement to install curb gutter, sidewalk, street light, sewer, water and additional pavement and to waive the requirement to provide a ten foot wide planting screen easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R of Neff's Subdivision No. 3 (formerly Lot 1 of Neff's Subdivision and the unplatted portion of the SW1/4 SW1/4), Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Neff's Subdivision No. 3 and the unplatted portion of the SW1/4 SW1/4, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 400 Elk Vale Road.

45.             No. 06VR001 - A request by Centerline for Founder's Park, LLC for a Vacation of Right-of-Way on West Street Right-of-Way adjacent to Philadelphia Street and West Chicago Street, located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1350 West Chicago.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 46-100

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 (April 3, 2006)

46.             No. 06VR002 - A request by D.C. Scott Surveyors, Inc. for West River Electric Association for a Vacation of Section Line Right-of-Way on , legally described as the east 744.72 feet of the west 869.72 feet of the Section Line Right-of-way, located in the NW1/4 NW1/4, Section 3, T1N, R8E, BHM and in the SW1/4 SW1/, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Anamosa Street.

Public Works Committee Consent Items

47.              No. PW022806-02 Approve a request by Fisk Land Surveying & Consulting Engineers, Inc. for authorization to prepare an H-Lot located in Lot E of SE1/4, NE1/4, Section 34, T2N, R7E, BHM, Rapid City, Pennington County on behalf of the City of Rapid City and authorize acceptance of deeds. 

48.             No. PW022806-03 Approve a request by Fisk Land Surveying & Consulting Engineers, Inc. for authorization to prepare an H-Lot located in Lot A of SE1/4NE1/4, Section 34, T2N, R7E, BHM, Rapid City, Pennington County on behalf of the City of Rapid City and authorize acceptance of deeds. 

49.             No. PW022806-06 Request the City Attorney’s Office and Police Department discuss the idea and concept related to the Code Enforcement Division; and bring forward pros and cons and recommendations at the March Information Meeting. 

50.             Approve the appointment of Jennifer Landguth and Pat Tlustos to the Council Development Review Committee. 

51.             No. PW022806-07 Approve the Non-Conforming Sign Installation Policy. 

52.             No. PW022806-09 Approve the expenditure of up to $100.00 for the City’s share for promotional items for the Ditch Digger’s Banquet. 

53.             Correct Council action of February 20, 2006 to authorize the Mayor and Finance Officer to sign a Professional Service Agreement with Stanley Consultants, Inc. for Canyon Lake Restoration Project No. PW06-1561 / CIP #50631 for an amount not to exceed $9,750. 

54.             No. PW022806-10 Approve Change Order No. 2 for Nugget Gulch Road Street Extension Project No. ST05-1534, CIP #50615 to Quinn Construction, Inc. for an increase of $6,608.00. 

55.             No. PW022806-11 Authorize staff to advertise for bids for 2006 Mill and Overlays, Various Locations Project No. ST06-1570; CIP #50549

56.             No. PW022806-12 Authorize staff to advertise for bids for Van Buren Street Reconstruction Project No. ST04-1362; CIP #50149

57.             No. PW022806-13 Authorize staff to advertise for bids for East Saint Charles Street Water Main Extension Project No. W05-1476; CIP #50585

58.             No. PW022806-14 Authorize Mayor and Finance Office to sign a Professional Service Agreement with Ferber Engineering Company for Sedivy Lane Reconstruction Project No. ST04-1063, CIP #50125, for Phase 2 Construction Management Services for Sedivy Lane from St. Patrick Street to East Saint Andrew Street for an amount not to exceed $56,105.00. 

59.             No. PW022806-15 Authorize Mayor and Finance Office to sign a Professional Services Agreement with American Engineering Testing for Willsie Avenue Area Water Main Reconstruction Project No. W03-1310, CIP #50471 for an amount not to exceed $4,332.00. 

60.             No. PW022806-16 Authorize Mayor and Finance Office to sign a Professional Services Agreement with TSP, Inc. for Soo San Drive Box Culvert Project No. DR06-1565, CIP #50633 for an amount not to exceed $9,980.00. 

61.             No. PW022806-17 Authorize Mayor and Finance Office to sign a Professional Services Agreement with American Engineering Testing for Soo San Drive Box Culvert Project No. DR06-1565; CIP #50633 for an amount not to exceed $1,905.00. 

62.             No. PW022806-18 Authorize Mayor and Finance Office to sign an Agreement with the South Dakota Department of Transportation for right-of-way acquisition on P 0044(52)50, PCEMS 6437, Pennington County, described as SD44 from the end of the concrete in Rapid City to the Intersection with Airport Road. 

63.             No. PW022806-19 Approve an Initial Resolution setting time and place for hearing on April 3, 2006 for Fairview Street Sewer Extension Project No. SS06-1556

64.             No. PW022806-20 Approve an Initial Resolution setting time and place for hearing on April 3, 2006 for Block 8 Alley Paving (Boulevard Addition) Project No. ST05-1440

65.             No. PW022806-21 Authorize staff to Seek Proposals for Engineering Services for Canyon Lake Drive and Soo San Drive 14” Water Main Project No. W06-1562, CIP #50598; and West Main Street and Soo San Drive Storm Sewer, Lime Creek Element 382 Project No. DR06-1563, CIP #50024

66.             No. PW022806-22 Award a bid from informal quotes for erosion damage repair on Highway 16, Project No. W06-1569

67.             No. PW022806-23 Forward issue of Water Waivers to the Water Task Force for further discussion and recommendation. 

Legal & Finance Committee Consent Items

68.              No. LF021506-01 Approve a Resolution Approving BID Board Members. 

69.             No. LF030106-01 Approve re-appointment of Patricia Pummel to the Beautification Committee. 

70.             Approve appointment of Jennifer Landguth to the Airport Board. 

71.             No. LF021506-03 Approve recommendation from .16 Utility Fund Oversight Committee for approval of .16 Utility Fund Program guidelines. 

72.             No. LF030106-02 Acknowledge the Capital Improvements Program Committee monthly update for February, 2006. 

73.             No. LF030106-03 Acknowledge the proposed 2012 Project List. 

74.             No. LF030106-05 Approve the Travel Request for Police Department Head Planning Session to be held in Deadwood, SD, April 6-7, 2006, in an approximate amount of $660. 

75.             No. LF030106-06 Approve the Travel Request for Deb Cady, Dan Rud, and James Johns to attend the North Central Law Enforcement Executive Development Seminar in St. Cloud, MN, May 15-19, 2006, in an approximate amount of $2,412. 

76.             No. LF030106-28 Approve the Travel Request for David Walton and David Stratton to attend Managing Police Discipline Seminar in Las Vegas, NV, from April 2-5, 2006, in an approximate amount of $2,402. 

77.             No. LF030106-09 Authorize Fire Department staff to provide instruction at the 911 Emergency Services Law Enforcement School for a two hour class to be held March 27 to April 6, 2006, and to be compensated at $200. 

78.             No. LF030106-10 Approve the Travel Request for Mason Short to attend the ACI-NA 2006 Marketing and Communications Conference and Jumpstart in Austin, TX, June 11-14, 2006, in an approximate amount of $1,791. 

79.             No. LF030106-11 Approve the Travel Request for Mason Short to attend the Boyd Group Aviation Forecast Conference & Small Community Air Service Development Seminar in Park City, UT, October 7-11, 2006, in an approximate amount of $1,771. 

80.             No. LF030106-26 Approve the Travel Request for Mason Short, Ken Simmons, Jerry Brown, and two Airport Board members to be determined to attend the  78th Annual AAAE Conference and Expo in San Diego, CA, from April 22-26, 2006, in an Approximate Amount of $12,985. 

81.             No. LF030106-12 Approve adding annexed areas to adjacent precincts. 

82.             No. LF030106-13 Approve a Resolution Declaring Property Surplus for the Airport and Police Department. 

83.             No. LF030106-14 Authorize the Mayor & Finance Officer to sign a Termination of Agreement with Rushmore Car Wash, Inc. for Catron Boulevard Improvement Project and Arrowhead Basin Detention Pond Project. 

84.             No. LF030106-29 Authorize the Mayor and Finance Officer to sign an Agreement with Ginny Wood Nelson to provide training on Workplace Harassment and Workplace Violence for the City of Rapid City for an amount not to exceed $2,450. 

85.             No. LF030106-24 Authorize the Mayor and Finance Officer to sign an Agreement with Associated Design, Inc. for Collection and Disbursement of Water Main Construction Fees (Lien Street). 

86.             No. LF030106-15 Approve a Resolution Regarding Construction Fees (Lien Street Water Main). 

87.             No. LF030106-16 Approve the Travel Request for Dirk Jablonski and Deb Hadcock to travel to Washington D.C. to visit congressional delegation offices to solicit earmarks for Canyon Lake Restoration and Jackson Springs Water Treatment Project, March 13-15, 2006 in an approximate amount of $2,550, said funds to come out of the Public Works budget. 

88.             No. LF030106-27 Approve the purchase of two (2) 1/2 ton, 4x4 extended cab short box pickup trucks under State Contract No. 14664 with Beck Motors of Pierre, SD for the amount of $20,652 each for a total contract amount of $41,304. 

89.             No. LF030106-17 Authorize staff to advertise for bids for interlocking gym tiles - rubber flooring for the Roosevelt Park Ice Arena. 

90.             Request staff to bring forward information regarding installing a PA system in the Swim Center. 

91.             No. LF030106-18 Approve the Travel Request for Jerry Cole, Lon Van Deusen, Doug Lowe, Duncan Olney, Jeff Richardt and Kristy Allgier to attend the NRPA Midwest Regional Conference in Dickinson, ND, April 23-26, 2006, in an approximate amount of $3,302. 

92.             No. LF020106-21A Approve a Resolution Prohibiting Smoking Within 50 Feet of the Public Entrances in City-Owned Facilities with the words “or facility” stricken therefrom. 

93.             No. LF030106-20 Authorize the Mayor and Finance Officer to sign an Assignment Agreement between the City of Rapid City, First National Bank of Ft. Pierre, SD and Stoney Creek Plaza LLC regarding Tax Increment District 53. 

94.             No. LF030106-21 Acknowledge a Raffle Request from Black Hills Figure Skating Club. 

95.             No. LF030106-22 Acknowledge a Raffle Request from Harney League Sports. 

96.             No. LF030106-23 Approve abatement for Deborah J. Groshans, 3306 Idlewild Court, $625.08. 

97.             Approve the following licenses:  Sewer and Water Contractors:  Rapid Construction Company, Steve VanHouten; Simon Contractors, Michael Schnell; Zandstra Construction, Dwight Hanna; Olson Excavating, Inc., Duane Olson; Duffield Construction, John Duffield; Black Hills Excavating Co., Mitch Morris; Kingman Construction, Inc., Duane Oehlerking; JV Bailey Co., Inc., Jerald Mitzel; Shovelhead Excavating, Inc., Dennis Turman; JMD Excavating, Mike Dimond; All Around Construction, Inc., Jamie Gerlach; Marv’s Excavating, Inc., Marvin Erikson; Nielsen Construction, Royal Nielsen; Schad Excavation, Cody Schad; Metro Plumbing, Inc., Kim Kerns; Earthorizons, Inc., Robert Burns; Spearfish Excavating, Inc., Kenneth Reinert; SA Construction Services, Inc., Steve Achtein; Highmark, Inc., Gerold (Dale) Schuelke; Quality Excavating, Inc., Bryan J. Rick; YJC Excavating & Landscaping, Inc., Kevin Bowman; Site Work Specialists, Doug Wilson; Trenching Contractors:  AAA Plumbing, Robert “Scott” Raczynski; Kaski Homes, Inc., Ryan Kaski; Scull Construction Service, Inc., Doug Wilson; Kainz Powerlines, Inc.. Kenneth Kainz; Tordsen Backhoe Service, Jared Tordsen; MDU, Jim Mann; Olson Dirt Work, David W. Olson; Sewer and Water Journeyman:  Mike Ryan, Lyle Bromwich, James Lester, Gene Johnson, Bryan Wildberger, Donald Krebs, Mike Atchley, Samuel Morris, III, Merritt Duffield, Rodney Rilling, Glenn Taylor, Peter Nikkila, Jerry Bassett, Branden Landphere, William Haas, Dale Graham, Tony Parker, Jack Corr, Timothy Powles, David (Mike) Spear, Randy Schumacher, Kevin Hein, Paul Granum, Leonard E. Baker, Richard Justin Albers, Brett Torrey; Trenching Journeyman:  Percy Lone Elk, Derek Weigel, Chuck Yotter, Kelly Smith, Don Osborne, Andrew Morse, Henry McIntosh, Jim Lien, Wade Jutilla, Rick Himmelspach. Gary Higlin, Jim Gray, Billy Gifford, Marcus Cleberg, Kip Easton, William Dutton, Ron Blum, Anthony Patino, Marc Myers, Jason Neuzil. 

Growth Management Department Consent Items

98.             No. 05PL201 - A request by Russell Johnson for Sandra Kadis for a Preliminary Plat on Lots 5R and 7R, Strato Rim Estates Subdivision, located in Government Lots 3 and 4 of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lots 5 and 7, Strato Rim Estates Subdivision, located in Government Lots 3 and 4 of Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located at the western terminus of Strato Rim Drive.

99.             No. 05PL247 - A request by CETEC Engineering for Bruce Kulpaca for a Preliminary Plat on Lots 8 - 12 of Block 1, Park Hill Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract B of Park Hill Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the north and south sides of Park Hill.

100.         No. 06PL015 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 4, Block 1; Lots 1 thru 9, Block 2; and outlot A of Neff Subdivision, formerly the unplatted portion of the NW1/4 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Avenue A and Sweetbriar Street.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

Special Beer & Wine License

101.         Rapid City Fine Arts Center, Inc. for a special Beer & Wine License for an event scheduled March 11, 2006 at the Dahl Arts Center, 713 7th Street

102.         Rapid City Area Chamber of Commerce for a special Beer & Wine License for an event scheduled March 14, 2006 at the Black Hills Business Center, 1501 East Centre Street

103.         Wildlife Experiences, Inc. for a special Beer & Wine License for an event scheduled April 7, 2006 at The Prairie Edge, 606 Main Street

104.         United Downtown Association for a special Beer License for an event scheduled June 30, 2006 in downtown Rapid City, Sixth Street between Rapid & Main Streets

Retail (On-Off Sale) Malt Beverage License TRANSFER

105.         Laural A. Hawkins dba The Marble Club, 2315 ½ Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License transfer from Thomas McCarty dba The Marble Club

Set for Hearing (March 20, 2006)

106.         American Red Cross for a special Wine License for an event scheduled March 29, 2006 at the Elks Theater, 512 6th Street

107.         Black Hills Community Theatre, Inc. for a special Wine License for an event scheduled April 1, 2006 at the Dahl Arts Center, 713 7th Street

108.         Rapid City Library Foundation, Inc. for a special Wine License for an event scheduled April 8, 2006 at the Rapid City Library

109.         M. G. Oil Company dba Clock Tower Lounge, 2525 West Main Street for a Retail (On-Sale) Liquor License transfer from Alta-Lee, Inc. dba Clock Tower Lounge

110.         Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive for a Retail (On-Sale) Liquor License transfer from Century Motels, Inc. dba Howard Johnson Express Inn & Suites, 950 North Street

111.         Mary Jane or Oliver Freimark dba Embers B-B-Q, 5412 Hwy. 16 for a Retail (On-Off Sale) Malt Beverage License

112.         Mary Jane or Oliver Freimark dba Embers B-B-Q, 5412 Hwy. 16 for a Retail (On-Sale) Wine License

ITEMS FROM THE MAYOR

113.         2012 Report for March, 2006

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

114.         No. CC030606-04 Re-signing the Southeast Connector ramp at Highway 44, Alderman Kooiker

115.         Noise Pollution Control discussion, Alderman Hadley

FINANCE OFFICER’S ITEMS

BID AWARDS

116.         No. CC030606-02 Block 8 Alley Paving - West Boulevard Addition Project No. ST03-1330 / CIP No. 50595 (opened February 28, 2006)

117.         No. CC030606-02 5th Street Bridge Repairs Project No. ST04-1360 / CIP No. 50525 (opened February 28, 2006)

118.         No. CC030606-02 6th Street and Hillcrest Drive Water Main Extension Project No. W05-1521 / CIP No. 50614 (opened February 28, 2006)

119.         No. CC030606-02 Mountain View and Mount Calvary Cemeteries Irrigation System - Phase I Project No. PR05-1531 / CIP No. 50090 (opened February 28, 2006)

120.         No. CC030606-02 Downtown Alley Resurfacing 2006 Project No. ST06-1538 / CIP No. 50379 (opened February 28, 2006)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

121.         No. CC030606-01 Bill List for March 6, 2006

FIRE AND EMERGENCY SERVICES DEPARTMENT ITEMS

122.         Request for Proposals for the 2006 FIREWORKS DISPLAY, approve a Contract with the option to extend the Contract for 2007 and 2008

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

123.         Executive Session

ADJOURN