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5:45 P.M., Agenda Review for City Council and Department Heads in 3rd floor West Conference Room (informal discussion; no action will be taken).

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

July 5, 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 June 19, 2006, and special Council June 19, 2006 and June 22, 2006

AWARDS AND RECOGNITIONS OF COUNCIL MEMBERS

RECESS - SWEAR IN NEW COUNCIL MEMBERS

ADOPTION OF THE AGENDA

ELECTION OF OFFICERS

GENERAL PUBLIC COMMENT

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

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

1.                  No. PW053006-23 Resolution of Necessity for East Franklin Street Sanitary Sewer Project No. SS06-1557. 

2.                  No. LF053106-21 Resolution Levying Assessment for Cleanup of Miscellaneous Properties. 

3.                  No. 06CA012 - A request by Sean Doyle for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Area Future Land Use Plan to change the land use designation from Planned Residential Development with one dwelling unit per three acres to Low Density Residential on the NE1/4 NE1/4 SW1/4, less Tract 8R, Harmony Heights, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Vista Ridge Road.

4.                  No. 06CA014 - A request by Tim Carlson for DM&E Railroad Corp. for an Amendment to the Comprehensive Plan by revising the Long Range Comprehensive Plan to change the land use designation from Floodway to Light Industrial on DM&E Right-of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Third Street and Omaha Street.

5.                  No. 06CA015 - A request by Fred Weishaupl for Springbrook Acres Water Users Assocation for an Amendment to the Comprehensive Plan to amend the Major Street Plan by eliminating a portion of a collector street on the unplatted portion of the NE1/4, less a portion of Lot 1 and less the unplatted portion of the SE1/4 NW1/4, all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Horse Creek Road southeast of the intersection of Hidden Timber Road and Jenny Gulch.

6.                  No. 06FV006 A request by Dream Design International, Inc. to consider an application for a Fence Height Exception to allow a six foot fence height in the front yard setback on a portion of the unplatted portion of the NW1/4 NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more specifically described as follows: a portion of the unplatted portion of the NW1/4 NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more specifically described as follows: Beginning at a point from which the section corner common to Sections 20, 21, 28 and 29; Thence along the Section line at a bearing of S89º55’38”E, a distance of 1170.90 feet; Thence S00º04’22”W a distance of 48.00 feet to the point of beginning; Thence S00º04’24”W a distance of 43.00 feet along the west proposed property line of Lot 21, Block 2; Thence S89º55’37”E a distance of 114.67 feet along the south proposed property line of Lot 21, Block 2;Thence N00º19’51”W a distance of 53.00 along the east proposed property line of Lot 21, Block 2; Thence N89º55’37”W a distance of 104.29 feet along the north proposed property line of Lot 21, Block 2; Thence S45º04’22”W a distance of 14.14 feet to the point of beginning: said Tract containing 0.14 acres more or less, more generally described as being located at the northern terminus of Dunsmore Road. 

LEGAL & FINANCE COMMITTEE ITEMS

7.                   Community Services Connection of the Black Hills request for 211 funding

8.                  No. LF062806-17 Authorize the Mayor and Finance Officer to sign Lease/Purchase Agreement with Oshkosh to fund a portion of a Pierce Pumper

9.                  Lease Agreement for Mobile Bleachers

10.             Authorize the Mayor and Finance Officer to sign Subordination Agreement for Denise Doty

PUBLIC WORKS COMMITTEE ITEMS

11.             Canyon Lake Park road project

12.             No. PW062706-01 Appeal the denial of an exception for maximum cul-de-sac length, Dream Design International for Edward Seljeskog, 2151 Skyline Ranch Road. 

13.             No. PW062706-02 Appeal the denial of an exception for fire access turnaround, Dream Design International for Edward Seljeskog, 2151 Skyline Ranch Road. 

14.             Acknowledge the report on Dial-a-Ride Customer Service

15.             No. PW062706-15 Authorize the Mayor and Finance Officer to sign a Professional Services Agreement with American Technical Services, Inc. for Civic Center Expansion Project No. IDP06-1555 for an amount not to exceed $41,655.00.

GROWTH MANAGEMENT DEPARTMENT ITEMS

16.             No. 06PL077 - A request by Robert and Jeanine Nikolas for a Layout Plat on Lots 21A, 21B and 21C of Block 2, Moon Meadows Estates, formerly Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, located at 4265 Moon Meadows Drive.

ORDINANCES & RESOLUTIONS

17.             No. 06RZ018 – First Reading, Ordinance No. 5165, a request by Fisk Land Surveying & Consulting Engineers, Inc. for Eldene Henderson for a Rezoning from Low Density Residential District to General Commercial District on Lot 3, Block 1, Geld Subdivision, located in the NE1/4 NW1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2425 Haines Avenue.

18.             No. 06RZ019 - First Reading, Ordinance No. 5166, a request by Dream Design International for a Rezoning from No Use District to Low Density Residential District on the unplatted portion of the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Elk Vale Road and Old Folsom Road.

19.             No. 06OA003 (No. LF053106-30) Second Reading, Ordinance No. 5157 Requiring that Sidewalks for Subdivisions be Constructed at the Time a Building Permit is Obtained by Amending Section 16.16.090 of the Rapid City Municipal Code. 

20.             No. LF061406-07 Second Reading, Ordinance No. 5158 Amending the Procedure to Appeal an Order to Remove a Nuisance by Amending Section 8.16.050 of the Rapid City Municipal Code. 

21.             No. 06RZ012 – Second Reading, Ordinance No. 5159, a request by Sean Doyle for a Rezoning from General Agriculture District to Low Density Residential District on the NE1/4 NE1/4 SW1/4, less Tract 8R, Harmony Heights, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Vista Ridge Road.

22.             No. 06RZ014 - Second Reading, Ordinance No. 5161, a request by Tim Carlson for DM&E Railroad Corp. for a Rezoning from Flood Hazard District to Light Industrial District on DM&E Right-of-way adjacent to Tract 24A, less Lot H1, Rapid City Greenway Tract, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Third Street and Omaha Street.

23.             No. 06RZ016 - Second Reading, Ordinance No. 5163, a request by Dream Design International, Inc. for a Rezoning from Low Density Residential District to General Commercial District on a parcel of land located in Section 24, T2N, R7E, more particularly described as follows: Commencing at the center of Section 24, travel a distance of 506.81 feet at a bearing of N89º48’44”W; Thence S00º10’09”W a distance of 399.73 feet to a point of beginning; Thence S89º49’51”E a distance of 173.34 feet; Thence S81º56’08”W a distance of 120.55 feet; Thence south a distance of 912.15 feet; Thence N89º46’02”W a distance of 56.73 feet; Thence N00º10’09”E a distance of 929.35 feet to the true point of beginning, located west of Haines Avenue and south of Kathryn Avenue.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 24-43

Consists of items that need to be continued because they are not currently ready for action.

Request of Council Members to Remove Items from the Continued Consent Calendar

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Continue the following items until July 17, 2006:

24.             No. 06CA013 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the Elk Vale Neighborhood Area Future Land Use Plan to change the land use designation from General Commercial to Light Industrial on a portion of Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM,  Rapid City, Pennington County, South Dakota more particularly described as follows: Commencing, for location purposes only, at the Southwest corner of Section 28; Thence north, along the West line of Section 28 and the centerline of Dyess Avenue, a distance of 233.18 feet; Thence S89º43’30”E, a distance of 50.00 feet, to a ½ inch iron pipe found for the Southwest corner of Lot 1 of Starlite Subdivision on the East Right-of-way line of Dyess Avenue and the North Right-0f-way line of Eglin Street (a 100 foot wide public Right-of-way) for the Point of Beginning of the herein described tract; Thence North, along said East Right-of-way of Dyess Avenue and West line of Lot 1 of Starlite Subdivision, a distance of 349.83 feet to a point for corner; Thence S89º43’00” East, a distance of 850.15 feet, to the Easternmost Southeast corner of Lot 1 of Starlite Subdivision; Thence S53º09’39”W, a distance of 328.66 feet, to a corner of Lot 1 of Starlite Subdivision; Thence West, a distance of 80.08 feet, to a corner of Lot 1 of Starlite Subdivision; Thence South, a distance of 151.10 feet, to the Southernmost Southeast corner of Lot 1 of Starlite Subdivision on the North Right-of-way line of Eglin Street; Thence N89º43’30”W, along the North Right-of-way line of Eglin Street and South line of Lot 1 of Starlite Subdivision, a distance of 507.03 feet to the Point of Beginning and containing 5.036 acres, more or less, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

25.             No. 06CA016 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the land use designation from Residential to General Commercial with a Planned Commercial Development on a parcel of land located in Section 24, T2N, R7E, more particularly described as follows: Commencing at the center of Section 24, travel a distance of 506.81 feet at a bearing of N89º48’44”W; Thence S00º10’09”W a distance of 399.73 feet to a point of beginning; Thence S89º49’51”E a distance of 173.34 feet; Thence S81º56’08”W a distance of 120.55 feet; Thence south a distance of 912.15 feet; Thence N89º46’02”W a distance of 56.73 feet; Thence N00º10’09”E a distance of 929.35 feet to the true point of beginning, located west of Haines Avenue and south of Kathryn Avenue.

26.             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.

27.             No. 06PL028 - A request by Davis Engineering, Inc. for Bernita White for a Preliminary Plat on Lots A1 and A2 of Bar P-S Subdivision, located in the W1/2 SW1/4, formerly Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot A of Bar P-S Subdivision, located in the W1/2 SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota, located adjacent to the south west curve of North Airport Road.

28.             No. 06PL049 - A request by Davis Engineering, Inc. for a Preliminary Plat on Lots 2 thru 6 of Block 2; Lots 15 of Block 4; and, Lots 1, Lots 14 and 15 of Block 5, formerly a portion of  Tract F of the NW1/4, Section 14, T1N, R8E, Less Murphy Subdivision and less Murphy Ranch Estates and less Right-of-way, located in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4, Section 14, T1N, R8E, Less Murphy Subdivision and less Murphy Ranch Estates and less Right-of-way, located in the NE1/4 NW1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to Long View Road  between Colvin Street and Romel Drive.

29.             No. 06PL069 - A request by Patricia Jo Meredith for a Layout Plat on Lots 1 and 3, Meredith Subdivision, located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the SW1/4 SE1/4 SW1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located northwest of the intersection of Pioneer Circle and Clarkson Road.

30.             No. 06PL071 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1A, 1B, 1C and 1D of Starlite Subdivision, formerly Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

31.             No. 06PL074 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Layout Plat on Lots 1 thru 5, Skyline Pines East, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 SE1/4, less Walpole Heights Subdivision, and less right-of-way, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Mount Rushmore Road and Tower Road.

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

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

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

35.             No. 06RZ013 - A request by Dream Design International, Inc. for a Rezoning from General Commercial District to Light Industrial District on a portion of Lot 1, Starlite Subdivision, located in the SW1/4 SW1/4, Section 28, T2N, R8E, BHM,  Rapid City, Pennington County, South Dakota more particularly described as follows: Commencing, for location purposes only, at the Southwest corner of Section 28; Thence north, along the West line of Section 28 and the centerline of Dyess Avenue, a distance of 233.18 feet; Thence S89º43’30”E, a distance of 50.00 feet, to a ½ inch iron pipe found for the Southwest corner of Lot 1 of Starlite Subdivision on the East Right-of-way line of Dyess Avenue and the North Right-0f-way line of Eglin Street (a 100 foot wide public Right-of-way) for the Point of Beginning of the herein described tract; Thence North, along said East Right-of-way of Dyess Avenue and West line of Lot 1 of Starlite Subdivision, a distance of 349.83 feet to a point for corner; Thence S89º43’00” East, a distance of 850.15 feet, to the Easternmost Southeast corner of Lot 1 of Starlite Subdivision; Thence S53º09’39”W, a distance of 328.66 feet, to a corner of Lot 1 of Starlite Subdivision; Thence West, a distance of 80.08 feet, to a corner of Lot 1 of Starlite Subdivision; Thence South, a distance of 151.10 feet, to the Southernmost Southeast corner of Lot 1 of Starlite Subdivision on the North Right-of-way line of Eglin Street; Thence N89º43’30”W, along the North Right-of-way line of Eglin Street and South line of Lot 1 of Starlite Subdivision, a distance of 507.03 feet to the Point of Beginning and containing 5.036 acres, more or less, located at the southeast corner of Beale Street and Dyess Avenue and north of Eglin Street.

36.             No. 06RZ017 - A request by Dream Design International, Inc. for a Rezoning from Low Density Residential District to Medium Density Residential District on a parcel of land located in Section 24, T2N, R7E, more particularly described as follows: Commencing at the center of Section 24, travel a distance of 506.81 feet at a bearing of N89º48’44”W; Thence S00º10’09”W a distance of 399.73 feet to a point of beginning; Thence S00º10’09”W a distance of 929.35 feet; Thence N89º46’02”W a distance of 824.84 feet; Thence N00º28’58”E a distance of 1028.45 feet; Thence S89º49’51”E a distance of 588.91 feet; Thence S00º10’09”W a distance of 100.00 feet; Thence S89º49’51”E a distance of 230.30 feet to the true point of beginning, located west of Haines Avenue and south of Kathryn Avenue.

37.             No. 06SV032 - A request by Robert and Jeanine Nikolas for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 21A, 21B and 21C of Block 2, Moon Meadows Estates, formerly Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Block 2, Moon Meadows Estates, Section 33, T1N, R7E, BHM, Pennington County, South Dakota, located at 4265 Moon Meadows Drive.

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

39.             No. 06SV035 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, additional pavement, additional right-of-way and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3, Seljeskog Subdivision, located in the SE1/4 NE1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land described as the SW1/4 SE1/4 SE1/4 NE1/4; SE1/4 SW1/4 SE1/4 NE1/4; NW1/4 NE1/4 NE1/4 SE1/4; NE1/4 NW1/4 NE1/4 SE1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2151 Skyline Ranch Road.

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

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

42.             No. 06VE013 - A request by Arthur W. Janklow to consider an application for a Vacation of Access Easement and Vacation of Utility and Drainage Easement on Tract C of Lot B, located in the NE1/4 NW1/4, less Pengra Subdivision, Section 17, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4835 Sturgis Road.

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

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 44-87

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 (August 7, 2006)

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

Public Works Committee Consent Items

45.             Acknowledge the report on the curbs 9th Street and Fairview Street

46.             Acknowledge the report on sewer issues at 504 East Madison Street

47.             No. PW062706-19 Accept the recommendations of the Water Task force to expedite the completion of the Madison Well Project on Catron Boulevard; and hire a consultant to review and propose changes to the City’s current landscape, plumbing, and water conservation ordinances, to be funded jointly between Growth Management, Parks and Recreation, and Public Works. 

48.             No. PW062706-03 Approve the award of an Informal Quote for Friendship House Reroof to Bolt Roofing for an amount of $8,061.23. 

49.             No. PW062706-05 Approve Change Order No. 2F for Skyline Drive Water Main Extension Project No. W04-1439; CIP No. 50575 to Mainline Contracting, Inc. for a decrease of $2,510.12.

50.             No. PW062706-06 Approve Change Order No. 3F for Nugget Gulch Road Street Extension Project No. ST05-1534; CIP No. 50615 to Quinn Construction, Inc. for an increase of $2,815.71. 

51.             No. PW062706-09 Authorize the Mayor and Finance Officer to sign a Release of Easements associated with South Dakota Department of Transportation  Project M 1771 (7), PCEMS 170W, Sheridan Lake Road in Rapid City. 

52.             No. PW062706-10 Authorize the Mayor and Finance Officer to sign a Release of Easements associated with South Dakota Department of Transportation Project P 1771 (10), PCEMS 3594, Sheridan Lake Road in Rapid City. 

53.             No. PW062706-11 Authorize the Mayor and Finance Officer to sign a Release of Easements associated with South Dakota Department of Transportation Project M 1771 (4), PCEMS 2967, Sheridan Lake Road from Jackson Boulevard in  Rapid City. 

54.             No. PW062706-12 Authorize the Mayor and Finance Officer to sign a Release of Easements associated with South Dakota Department of Transportation Project P 1669 (30), PCEMS 4094, Fifth Street in Rapid City from Fox Run Drive to Nebraska Street. 

55.             No. PW062706-13 Authorize the Mayor and Finance Officer to sign a Perpetual Right-of-way and Easement to Black Hills Power and Light located in Tract 20 less Lot H1 Rapid City Greenway Tract and Lot ER all located in the SW 1/4 of Section 36, T2N, R7E, BHM, Pennington County, South Dakota. 

56.             No. PW062706-14 Authorize the Mayor and Finance Officer to sign a Resolution Establishing Supplemental Tap Fees for the Skyline Drive Water Main Extension Project No. W04-1439. 

57.             No. PW062706-16 Authorize the Mayor and Finance Officer to sign a Letting and Financial Agreement with the South Dakota Department of Transportation for East Highway 44 Utility Project No. SSW05-1469 in conjunction with SDDOT Highway 44 Reconstruction Project No. P0044(52)50 PCN 6437.

58.             No. PW062706-17 Authorize the Mayor and Finance Officer to sign a Memorandum of Understanding with Prairie Fire Development for a sewer line along South Side Drive. 

59.             No. PW062706-18 Authorize the Mayor and Finance Officer to sign a Sewer Service Agreement with Prairie Fire Development to allow the extension of sewer services to Prairie Fire Development. 

60.             No. PW053006-21 Authorize staff to order in approximately 32 lineal feet of sidewalk at 730 Enchantment Drive. 

Legal & Finance Committee Consent Items

61.              No. LF053106-04A Approve Travel Request for Malcom Chapman and Bill Okrepkie to attend National League of Cities, 14th Annual Leadership Summit in Colorado Springs, CO, September 20-23, 2006, in an approximate amount of $4,000. 

62.             Direct staff to prepare a supplemental appropriation ordinance, with funds from the reserve balance, to increase the travel budget for the Mayor and Council members for fiscal year 2006 by $28,000. 

63.             Approve the appointment of Rich Sagen, Director of Rapid Transit, as the liaison to the Mayor’s Committee for People with Disabilities. 

64.             No. LF062806-02 Acknowledge Capital Improvements Program Committee monthly update for June, 2006.  

65.             No. LF062806-03 Approve 2006 Capital Plan for Streets, Drainage and MIP Projects for June, 2006. 

66.             Approve the allocation of $8,300 from CIP Contingency for the Friendship House roof replacement project. 

67.             No. LF062806-04 Authorize the Mayor and Finance Officer to sign Agreement between the Pennington County Housing & Redevelopment Commission and the City of Rapid City for Drug Elimination and Crime Prevention Program (2005/2006). 

68.             No. LF062806-05 Authorize the Mayor and Finance Officer to sign Agreement between the Pennington County Housing & Redevelopment Commission and the City of Rapid City for Drug Elimination and Crime Prevention Program (2006/2007). 

69.             No. LF062806-18 Approve an Event Permit for Alex Johnson Hotel Vietnam Vets Motorcycle Group. 

70.             No. LF062806-06 Approve a Grant Award Letter from the South Dakota Office of Emergency Management in the amount of $5,775.66 for Highway Specialist Class. 

71.             No. LF062806-07A Approve Travel Request for Eric Martens, Harry Chapman, and Dustin Willett to attend Highway Emergency Response Specialist Training in Pueblo, CO, August 13-19, 2006, in an approximate amount of $6,081. 

72.             No. LF062806-08 (No. 06PL022) Approve a request to correct City Council minutes of April 3, 2006, to reflect revised stipulations of approval for the Preliminary Plat of Lots 28 and 29 of Forest Park Estates. 

73.             Direct staff to send Notice of Termination on the Contract with GCI for pay phones. 

74.             No. LF062806-09 Approve compromise of old special assessment on Flormann Subdivision Property – Pennington County, Steve Meyer. 

75.             No. LF062806-16 Approve a Resolution Establishing Additional Depositories. 

76.             Request staff to prepare a resolution to require that at the time of the two year warranty inspection on the sidewalks in subdivisions, staff shall review the status of the sidewalk installation and provide a report to the City Council for consideration of action to order in sidewalks. 

77.             No. LF062806-10 Authorize Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Children’s Care Rehab & Development Center for an amount not to exceed $42,794. 

78.             No. LF062806-11 Authorize Mayor and Finance Officer to sign the City of Rapid City Indenture of Restrictive Covenants between the City of Rapid City and Children’s Care Rehab & Development Center. 

79.             No. LF062806-12 Authorize Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Youth and Family Services (YFS) – Counseling for an amount not to exceed $5,000. 

80.             No. LF062806-13 Authorize Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Youth and Family Services (YFS) for an amount not to exceed $14,081. 

81.             No. LF062806-14 Authorize Mayor and Finance Officer to sign the Sub-recipient Contract for Community Development Block Grant (CDBG) Funding between the City of Rapid City and Canyon Lake Senior Citizens Center for an amount not to exceed $8,000. 

82.             No. LF062806-15 Approve Consolidated Annual Performance and Evaluation Report (CAPER – Fiscal Year 2005). 

83.             No. LF062806-19 Approve Travel Request for Dave Lepine to attend AAAE/Northwest Chapter AAAE Airport Facilities Management Conference in Salt Lake City, UT, August 13-15, 2006, in an approximate amount of $1,765. 

84.             No. LF062806-20 Approve Travel Request for Jo Roebuck-Pearson and Jennifer Landguth to attend 78th Annual AAAE Conference & Exposition in San Francisco, CA, August 5-8, 2006, in an approximate amount of $3,916. 

Growth Management Department Consent Items

85.             No. 06PL053 - A request by Centerline for Founders Park, LLC for a Preliminary Plat on Lots 1 and 2, Founders Park Subdivision, and the dedicated public right-of-way, formerly a portion of the W1/2 NW1/4 SE1/4; and  including Block 1, North Riverside Addition, located in SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 NW1/4 SE1/4; and  including Block 1, North Riverside Addition, located in SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Omaha Street and west of West Street.

86.             No. 06PL070 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Preliminary Plat on Lots J and K of Lot 12, Plateau Subdivision, formerly the west 165 feet of the east 331.2 feet of Lot 12, Plateau Subdivision, located in the SW1/4 NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the west 165 feet of the east 331.2 feet of Lot 12, Plateau Subdivision, located in the SW1/4 NE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 4753 Carol Street.

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

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

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

88.             Black Hills Food Services, Inc. dba Fuddruckers, 2200 N. Maple Avenue (Rushmore Mall) for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

Retail (On/Off Sale) Malt Beverage License with Video Lottery Renewal 2006-2007

89.             SCL, Inc. dba The Hall Inn, 214 East St. Joseph Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

Set for Hearing (July 17, 2006)

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

90.             Manna, Inc. dba Roadhouse Nightclub & Grill, 1900 N. Maple Avenue for a Retail (On-Off Sale) Malt Beverage License without Video Lottery renewal

Retail (On/Off Sale) Malt Beverage License with Video Lottery

91.             SKS Productions dba Venue Eight, 504 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License transfer from High Plains Securities dba Down Under Sports Bar, 504 Mt. Rushmore Road

Package (Off-Sale) Liquor License

92.             Nash Finch Company dba Family Thrift Center #265, 751 Mountain View Road for a Package (Off-Sale) Liquor License

ITEMS FROM THE MAYOR

93.             2012 Report

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

94.             Advertising / signage for Horace Mann Pool, Alderman Kooiker

FINANCE OFFICER’S ITEMS

BID AWARDS

95.             No. CC070506-02 New Current Model Year Sewer Televising Camera for Water Reclamation Division (opened June 15, 2006).  Staff recommendation is to award the bid to Municipal Pipe and Tool Co. for $19,789.50. 

96.             No. CC070506-02 One (1) New Current Model Year Tandem Roll-Off Truck for Water Reclamation Division (opened June 15, 2006).  Staff recommendation is to reject all bids and re-advertise for bids. 

97.             No. CC070506-02 One (1) New Current Model Year Dump / Sander Truck with Plow for Street Division (opened June 15, 2006).  Staff recommendation is to award the bid to Sanitation Products for $211,938.00. 

98.             No. CC070506-02 Requests for Proposals for Lawn Care and Snow Removal for Milo Barber Transportation Facility, Rapid City Public Library, and City / School Administration Center (opened June 15, 2006).  Staff recommendation is to reject all bids and re-advertise for Requests for Proposals.

99.             No. CC070506-02 East Franklin Street Sanitary Sewer Project No. SS06-1557 / CIP No. 50648 (opened June 27, 2006)

100.         No. CC070506-02 East Saint Louis Street Reconstruction Project No. SSW05-1309 / CIP No. 50468 (opened June 27, 2006)

101.         No. CC070506-02 Hall Street Sanitary Sewer Extension Project No.  SS06-1482 / CIP No. 50632 (opened June 27, 2006)

102.         No. CC070506-02 Meade Street Reconstruction – Phase 1, East Meade Street from Birch Avenue to Hoefer Court, Project No.  DR03-1333 / CIP No. 50145 (opened June 27, 2006)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

103.         No. CC070506-01 Bill List for July 5, 2006

PARKS & RECREATION DEPARTMENT ITEMS

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

CITY ATTORNEY’S ITEMS

104.         Executive Session

105.         Authorize the Mayor and Finance Officer to sign an Agreement with Selador Ranches

ADDENDUM

FINANCE OFFICER’S ITEMS

94.A.   Approve a Bleacher Lease Agreement with Central States Fair 

ADJOURN