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

October 15, 2001

MINUTES – Approve the minutes of October 1, 2001.

BID OPENINGS

1.    Alfalfa Hay Bales (Opened on October 8, 2001)

2.    Surplus Property: W5’ of Block 28, Airport Addition (Opened on at 2:00)

3.    Maintenance Contract for City Street Lights Project No. ST01-1148 (Opened on October 11, 2001)

MAYOR’S ITEMS

ALDERPERSON ITEMS/LIAISON REPORTS

SPECIAL ITEMS AND ITEMS FROM VISITORS

4.    No. CC100101-02 – Mike Derby – Appeal from the Sign Code Board of Appeals No. 2001-11

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

5.    L&K, LLC dba Mustang Grill Restaurant, 710 St. Joe Street, for an On-Sale Wine License (New License – No Video Lottery)

6.    L&K, LLC dba Mustang Grill Restaurant, 710 St. Joe Street, for an On-Off Sale Malt Beverage License (New License – No Video Lottery)

7.    Wine Cellar 507 Partnership dba Wine Cellar 507, 507-513 Sixth Street, for an On-Sale Wine License Transfer (from Karen Johnson Pochardt)

8.    Wine Cellar 507 Partnership dba Wine Cellar 507, 507-513 Sixth Street, for an Off-Sale Liquor License Transfer (from Karen Johnson Pochardt)

9.    Wine Cellar 507 Partnership dba Wine Cellar 507, 507-513 Sixth Street, for an On-Off Sale Malt Beverage License Transfer (from Karen Johnson Pochardt)

Set for Hearing (November 5, 2001)

10.    Dave & Linda Handley dba Hot Spot Casino, 420 E. St. Patrick Street, No. 106, for an On-Off Sale Malt Beverage License Transfer (from Mary Jane Freimark)

CONSENT CALENDAR ITEMS

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.

Set for Hearing (November 5, 2001)

11.    No. 01PD052 - A request by Dream Design International, Inc. for a Planned Residential Development - Initial and Final Development Plan on Lots 1-6, Block 1; Lots 1-5, Block 2; and Lots 1-9, Block 3 of Enchanted Pines Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchanted Pines Drive.

12.    No. 01PD053 - A request by Rosenbaum's Signs for a Major Amendment to a Planned Commercial Development on Lots 12 through 18 of Block 17 of South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Flormann Street and 7th Street.

13.    No. 01UR054 - A request by Rapid City Parks Department and the Rapid City Garden Club for a Use On Review to allow a sign and bench in the Flood Hazard Zoning District on Tract 25 less Lot H1, Rapid City Greenway Tracts, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Omaha Street and Pressler Junction.

14.    No. 1641 - A request by Dennis and Loretta Eisenbraun for a Renewal of Use On Review to allow a Child Care Center on Lot 5-6, Block 10, Nowlin & Wood Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 225 East Nowlin Street.

Public Works Committee Items

15.    No. PW101001-01 – Approve the bid award of ST01-871, Highway 16/Promise Drive Street and Utility Construction Project to the lowest responsible bidder meeting specifications, RCS Construction, Inc. for the low unit prices bid for a total contract amount of $450,802.65.

16.    No. PW101001-02 – Approve the bid award of Two (2) New Current Model Year Compact Skid Steer Loaders to the lowest responsible bidder meeting specifications, Jenner Equipment for the low unit price bid of $44,570 less trade-ins for $18,084 for a total contract amount of $26,486; and award Alternate A – One (1) New Current Model Year Tandem Trailer to the lowest responsible bidder meeting specifications, Jack’s Truck & Equipment Company for the low unit price bid of $2,403.34.

17.    No. PW101001-03 – Approve Change Order No. 01 for SSW98-753, Fifth Street Utility Reconstruction Project to Heavy Constructors Inc. for a decrease of $28,253.37.

18.    No. PW101001-04 – Approve Change Order No. 01 for SS00-926, West Rapid Street, Kinney Avenue & 32nd Street Sanitary Sewer Reconstruction Project to Hills Materials Company for an increase of $11,120.54.

19.    No. PW101001-05 – Approve Change Order No. 04F for SSW00-948, Columbus Street, Third Street, Sixth Street Utility Reconstruction Project o Mainline Contracting, Inc. for a decrease of $37,162.02.

20.    No. PW101001-06 – Approve Change Order No. 01F for ST00-1021, Corral Drive & Park Drive Right Turn Lane Project to Heavy Constructors, Inc. for a decrease of $457.90.

21.    No. PW101001-07 – Approve Change Order No. 01 for STCM01-1054, 1056 & 1129, 2001 Street Mill and Overlay Projects to Hills Materials Company for an increase of $12,280.47.

22.    No. PW101001-08 – Authorize the Mayor and Finance Officer to sign Amendment No. 01 to a Professional Service Agreement with McLaughlin Water Engineers, Ltd. for WRF00-1020, Water Reclamation Facility Upgrade/Expansion and Co-composting Facility Design for an amount not to exceed $160,000.

23.    No. PW101001-10 – Authorize the Mayor and Finance Officer to sign an Agreement with Mary Anne Curry of 5583 Wildwood Drive for a Permanent Utility Easement (associated with SSW00-943, Wildwood Street and Utilities Construction Project, Grading, Surfacing, Cub & Gutter, Storm Sewer, Water Main, Water Transmission Main and Sanitary Sewer Main).

24.    No. PW101001-11 – Set Time and Place for Hearing on November 5, 2001 for Assessment Roll for SWK01-1096, Sidewalk Improvements Project.

25.    No. PW101001-12 – Approve the Revised Policy on Exceptions to Residential City-Conducted Water Line Repair.

26.    No. PW092601-12 – Approve the Revised Policy on Private Service Line Locates.

27.    No. 01VE011 – Approve a Vacation of Drainage and Utility Easement for petitioner Complete Home Builders Inc. on Lot 2, Block 1, Valleyridge Subdivision, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at 5443 Solitaire Drive.

28.    No. 01VE018 – Approve a Vacation of Utility Easement for petitioner David and Juanita Edinger on Lot 7, Block 4, Mallridge Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4420 Colt Lane.

29.    No. 01VE019 – Approve a Vacation of Utility Easement for petitioner Diane Rolof on Lot 23R, Block 13, Robbinsdale Addition No. 8, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1105 Sycamore Street.

30.    No. IDPF011002 - Direct staff to prepare a proposal on a Tax Increment District for the Fifth Street project for review by the Tax Increment Finance Committee.

31.    No. PW101001-13 – Authorize Staff to Advertise for Bids for WRF01-1152, Security Fencing for Water Reclamation Facility.

Legal & Finance Committee

32.    LF101001-01 - Authorize Mayor and Finance Officer to sign Maintenance and Support Agreement with Motorola, Inc.

33.    LF101001-02 - Authorize staff to advertise a Request for Proposals for the GIS/IMS Master Plan Update.

34.    LF101001-03 - Approve Revised Beautification Committee Bylaws.

35.    No. 01TP010 - Authorize Mayor and Finance Officer to sign a Professional Services Agreement between Interstate Engineering Inc. (formerly TranSystems, Inc.) and the City of Rapid City to complete a Travel Demand Forecasting Model Update for an amount not to exceed $99,955.

36.    No. 01TP011 - Authorize Mayor and Finance Officer to sign a Professional Services Agreement between Felsburg, Holt and Ullevig and the City of Rapid City to complete the Jackson Boulevard Extension Study for an amount not to exceed $106,938.

37.    LF101001-04 - Approve Annual Steering Committee retreat expenses in the amount of $526.06.

38.    LF101001-05 - Authorize lease of a copier from Dakota Business at a cost of $164.06 per month (Includes 1,500 Copies) for the Weed & Seed Program.

39.    Accept recommendation from the Civic Center Management Options Task Force to continue with the current form of management at the Civic Center.

40.    LF101001-06 - Set for Hearing on November 5, 2001, Issuance of Bond to Finance a Project for The Evangelical Lutheran Good Samaritan Society.

41.    LF101001-08 - Authorize Mayor and Finance Officer to sign Financing Agreement among City of Rapid City and The Evangelical Lutheran Good Samaritan Society and Wells Fargo Brokerage Services, LLC.

42.    Approve Travel Request for Jason Green to attend Government Civil Practice Seminar in Tucson, Arizona, from 12/1/01 through 12/06/01 in the amount of $1,763.

43.    Approve the Following Licenses: Mechanical Apprentice: Russell Timms, James Lewis Wenzlick; Mechanical Installer: Russell A. Antoine; Plumbing Apprentice: David Bartling; Residential Contractor: MTB Construction Co., Michael T. Benson.

End of Consent Calendar

PUBLIC HEARINGS

44.    Request by Western Wireless Corporation to enter into a lease of property.

PLANNING DEPARTMENT CONSENT ITEMS

45.    No. 00PL127 - A request by Dream Design, Inc. for Doyle Estes for a Preliminary & Final Plat on Tract B of Neff's Subdivision No. 4 located in the unplatted portion of the S1/2 NW1/4 SW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Race Track Road and Elk Vale Road.

46.    No. 01PL009 - A request by James Letner for a Final Plat on Lots 1 and 2 and dedicated ROW of Debra Subdivision, (formerly Lots B & C of Lot 2 of Outlot 2 of the SE1/4 of the SW1/4 of Section 4, T1N, R7E, BHM and a portion of Debra Drive ROW) located in the SE1/4 of the SW1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Clifton Street and Debra Drive.

47.    No. 01PL038 - A request by Dream Design International for a Preliminary and Final Plat on Lot 1 of Lamb Subdivision located in SE1/4 of NE1/4 of Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at the southwest corner of Reservoir Road and S.D. Highway 44.

48.    No. 01PL052 - A request by Ron & MaryAnn Davis for a Preliminary Plat on Lots 1 thru 18 of Buffalo Ridge Subdivision formerly: unplatted all located in NW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Reservoir Road and Uranus Street.

49.    No. 01PL054 - A request by Dream Design, Inc. for Big Sky LLC for a Final Plat on Lots 1 and 2 of Block 13; Lots 2-5 of Block 14, and Dedicated Streets, Big Sky Subdivision, located in the SE1/4 NW1/4 and NE1/4 NW/14 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; excepting Lot 1 on Block 13 and Lot 1 in Block 14 of Big Sky Subdivision and Dedicated Public Rights of Way (Big Sky Drive and DeGeest Street), as shown on the plat filed in Plat Book 29, Page 154, located at the northern terminus of DeGeest Street.

50.    No. 01PL064 - A request by FMG, Inc. for Robbins & Stearns for a Layout, Preliminary and Final Plat on Lot 1 and Lot 2 of Bies Subdivision formerly the unplatted balance of the SE1/4 of the NE1/4 of Section 18 located in the SE1/4 of the NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of S. Highway 79, north of Minnesota Street.

51.    No. 01PL065 - A request by D. C. Scott Co. for a Preliminary and Final Plat on Lot 4R of Polar Bear Subdivision formerly Lot 4 of Polar Bear Subdivision and unplatted land located in the NE1/4 SE1/4 of Section 7, Township 1 North, Range 8 East of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Sydney Drive and S.D. Highway 79.

52.    No. 01PL071 - A request by City of Rapid City for a Preliminary and Final Plat on Lots 1, 2 and 3 of Owen Hibbard Subdivision and Tish Drive Dedicated Right of Way, all located in Tract A of Tract 1 of W1/2 SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located U.S. Highway 16 north of Golden Eagle Drive and adjacent to the Old Marine Life.

53.    No. 01PL079 - A request by Ferber Engineering Company for a Preliminary and Final Plat on Lot 1 and Lot 2 of Lowe's Subdivision formerly Tract CR and Tract 1 of Martley Subdivision located in the NW1/4 of the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the east side of Haines Avenue between Mall Drive and Disk Drive.

54.    No. 01PL083 - A request by Fisk Land Surveying for Justin Lena for a Preliminary and Final Plat on Lot 5-Revised and Lot 6-Revised of Block 7 of the NW1/4 NE1/4 of Section 9, T1N, R7E, BHM (aka Schamber Addition), Rapid City, Pennington County, South Dakota and dedicated ROW formerly all of Lots 5 and 6 of Block 7 of the NW1/4 NE1/4 of Section 9, T1N, R7E, BHM (aka Schamber Addition) Rapid City, Pennington County, South Dakota, located at 3610 and 3614 Cottonwood Street.

55.    No. 01PL084 - A request by Richard O. Stahl for a Preliminary and Final Plat on Lots 1-5 of Stahl Victorian Addition (formerly Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition) of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street.

56.    No. 01PL088 - A request by Ron & Mary Ann Davis for a Final Plat on Lots 1 thru 18 of Buffalo Ridge Subdivision formerly: unplatted all located in: NW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located 800 feet south of the intersection of Twilight Drive and Reservoir Road.

57.    No. 01PL089 - A request by Dream Design International for a Preliminary and Final Plat on Lots 7-9, Block 4; Lots 13-23, Block 6, Lot 6, Block 7; Lots 1-11, Block 8; Lots 1-2, Block 9 of Big Sky Subdivision and dedicated South Pitch Drive, Aurora Drive, Carl Avenue and major drainage easements located in NE1/4SE1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at the current northern terminus of South Pitch Drive.

58.    No. 01PL097 - A request by Dream Design International for a Preliminary and Final Plat on Tract A and dedicated streets, Big Sky Subdivision - Phase VII located in the SE1/4 NW1/4 and the NE1/4 NW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; excepting Lot 1, Block 13 and Lot 1, Block 14 of Big Sky Subdivision and dedicated public rights of way (Big Sky Drive and Degeest Street), as shown on the plat filed in Plat Book 29, Page 154, also excepting Lots 1 and 2, Block 13 and Lots 2, 3, 4 and 5, Block 14 and dedicated public rights of way (Degeest St., Buddy Ct. and Homestead Ave.), located at the intersection of Degeest Street and Homestead Avenue.

59.    No. 01PL098 - A request by Doug Sperlich for Jeff Stone for a Layout Plat on Lots 1, 2 and 3 of Block 1, Sunset Heights Subdivision, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Broadmoor Drive.

60.    No. 01PL099 - A request by Doug Sperlich for Walgar Development Corp for a Layout, Preliminary and Final Plat on Lot 1 of Block 1, Terracita Park Subdivision, and Minnesota Street Right-of-Way (formerly a portion of the SW1/4 of the NW1/4 of the SE1/4 of Section 13) located in the SW1/4 of the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Fifth Street and Minnesota Street.

61.    No. 01PL100 - A request by Doug Sperlich for Gary Rasmusson for a Preliminary and Final Plat on Lot 10R and Lot 11R of Block 2, Country Club Heights No. 2 (formerly Lot 10 and Lot 11 of Block 2, Country Club Heights No. 2) located in the SE1/4 of the SE1/4 Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3302 and 3220 Hogan Court.

END OF PLANNING CONSENT CALENDAR

PLANNING DEPARTMENT - HEARINGS

62.    No. 01CA020 - A request by Dream Design International, Inc. for an Amendment to the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan to change the future land use designation from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88Ί35’39"W along said northerly right of way line, 50.86 feet to the true point of beginning; Thence N88Ί35’39"W along said northerly right-of-way line, 350 feet; Thence departing said right of way N1Ί24’21"E 275 feet; Thence S88Ί35’39"E 346.06 feet to where said line intersects the westerly right of way of proposed Fifth Street; Thence S00Ί45’07"W 274.85 feet more or less to the point of beginning containing 2.20 acres more or less; from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88Ί35’39"W along the northerly right of way of said Catron Boulevard 400.86 feet this being the point of beginning; Thence N88Ί35’39"W along said northerly right of way 919.13 feet; Thence departing said northerly right of way line N1Ί24’21"E 275 feet; Thence S88Ί35’39"E 919.13 feet; Thence S1Ί24’21"W 275 feet to the point of beginning containing 5.80 acres more or less; from Planned Residential Development with a maximum density of 6.7 dwelling units per acre to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88Ί35’39"W along the northerly right of way of said Catron Boulevard 1320 feet to where said right of way meets the north south 1/16 line of the SE1/4 of said Section 24 this being the true point of beginning; thence along the said right of way N88Ί35’39"W 439.87 feet; Thence departing the north right of way N01Ί24’21"E 1245 feet to a point lying on the east west 1/16 line; Thence S88Ί35’39"E along said 1/16 line 677.62 feet; Thence departing said 1/16 line S02Ί11’17"W 154.18 feet; Thence S82Ί36’49"E 303.17 feet; Thence S43Ί24’30"E 405.16 feet; Thence S49Ί37’01"E 52.92 feet to a point on a curve with a radius of 567 feet; thence along said curve to the right an arc length of 258.44 feet with a chord bearing of S30Ί36’54"E 256.21 feet Thence S1Ί24’21"W 244.35 feet; Thence N88Ί35’39"W 919.13 feet to a point on the north south 1/16 line; Thence S01Ί24’21"W 275 feet along said 1/16 line to the point of beginning containing 28.28 acres more or less; and, from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N00Ί45’07"E 274.85 feet this being the true point of beginning; Thence N88Ί35’39"W 348.88 feet; Thence N1Ί24’21"E 244.35 feet to where it intersects a curve with a radius of 567 feet; thence along said curve to the left an arc length of 258.44 feet and a chord bearing of N30Ί36’54"W 256.21 feet; Thence N49Ί37’01"E 350.36 feet to where said line intersects the south westerly right of way of proposed Fifth Street a curve with a radius of 917 feet; Thence along said curve to the right an arc length of 438 feet with a chord bearing of S28Ί44’00"E 433.85 feet; Thence S00Ί45’07"W along said proposed Fifth Street right of way 319.88 feet to the point of beginning containing 5.03 acres more or less, located north of Catron Boulevard lying adjacent to the future right-of-way line of Fifth Street and Parkview Drive.

63.    No. 01CA021 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Comprehensive Plan Amendment - South Robbinsdale Neighborhood Area Future Land Use Plan to change the future land use designation from Planned Residential Development with a maximum density of 6.7 dwelling units per acre to Mobile Home Park located in a portion of the E1/2 of the SW1/4 of Section 24, T1N, R7E, BHM, Pennington County, South Dakota; from Planned Residential Development with a maximum density of 6.7 dwelling units per acre and Medium Density Residential with a Planned Residential Development to General Commercial located in a portion of the SE1/4 of Section 24, T1N, R7E, BHM, Pennington County, South Dakota; from Planned Residential Development with a maximum density of 6.7 dwelling units per acre, General Commercial with a Planned Commercial Development and Medium Density Residential with a Planned Residential Development to Office Commercial located in the North 900 feet of the SE1/4 of Section 24, T1N, R7E, BHM, Pennington County, South Dakota; from General Commercial with a Planned Commercial Development, Park Site with alternative use of Mobile Home Residential and Office Commercial with a Planned Commercial Development to General Commercial located in the North 900 feet of the W1/2 of the SW1/4 of Section 19, T1N, R8E, BHM, Pennington County, South Dakota; from Office Commercial with a Planned Commercial Development and Park Site with alternative use of Mobile Home Residential to Light Industrial located in the South 420 feet of the NW1/4 of the SW1/4 and the SW1/4 SW1/4 of Section 19, T1N, R8E, BHM, Pennington County, South Dakota; from General Commercial with a Planned Commercial Development and Office Commercial with a Planned Commercial Development to General Commercial located in a portion of the SW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; from Office Commercial with a Planned Commercial Development, Medium Density Residential, and Planned Residential Development with a maximum density of 6.7 dwelling units per acre to Office Commercial located in a portion of the N1/2 of the SW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; from Low Density Residential and Planned Residential Development with a maximum density of 6.7 dwelling units per acre to Medium Density Residential located in a portion of the W1/2 of the S1/2 of the NW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, from Medium Density Residential to Low Density Residential located in the E1/2 of the N1/2 of the NW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north and west of the Rapid City Landfill.

64.    No. 01CA031 - A request by Theresa Bennington for an Amendment to the Comprehensive Plan revising the Elk Vale Neighborhood Area Future Land Use Plan to change the future land use designation on a 37.20 acre parcel from General Commercial to Heavy Industrial on NW1/4 SE1/4 SW1/4 Section 32, T2N, R8E; east 613 feet of the north 511 feet of the SW1/4 SW1/4 Section 32, T2N, R8E; E1/2 SE1/4 SW1/4 Section 32, T2N, R8E all located in BHM, Pennington County, South Dakota, located at the western terminus of East Philadelphia Street.

65.    No. 01CA032 - A request by Wyss Associates for W.E.B. Partners for an Amendment to the Comprehensive Plan to change the future land use designation on a 3.202 acre parcel from Office Commercial to General Commercial beginning from a point 1795.13 feet at a bearing S89d39’0"E from the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, travel 431.35 feet at a bearing N22d2’42"W, Then travel 310.56 feet along a 230’ LHF curve with a chord bearing N16d38’12" E, Then travel 161.93 feet at a bearing N55d19’17"E, Then travel 227.59 feet at a bearing S34d35’20"E,Then travel 300.07 feet at a bearing S45dW, Then travel 305.00 feet at a bearing S34d36’5"E,Then travel 165.44 feet at a bearing S45dW, Then travel 26.8 feet at a bearing N89d39’0"W, to the point of start, located west of the western terminus of Fairmont Boulevard and north of Tower Road.

66.    No. 01PD042 - A request by Dream Design International, Inc. for a Planned Development Designation on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard this being the true point of beginning; Thence N88Ί35’39"W along said northerly right of way line,1759.87 feet; Thence departing said northerly right of way line N01Ί24’21"E 1245 feet to a point lying on the 1/16 line; Thence S88Ί35’39"E, along said 1/16 line, 677.62 feet Thence departing said 1/16 line S02Ί11’17"W 154.18 feet; Thence S82Ί36’49"E 303.17 feet; Thence S43Ί24’43"E 155.36 feet; Thence N43Ί40’53"E 361.7 feet to where the line intersects the north easterly right of way of proposed Fifth Street; Thence along this said right of way on a curve to the right with a radius of 1017 feet and an arc length of 660.71 feet and a chord bearing of S40Ί04’31"E 649.15 feet to where said right of way meets the east section line of said Section 24; Thence S01Ί24’21"W 730.34 feet along said section line to the point of beginning containing 45.5 acres more or less, and a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 730.34 feet to the true point of beginning; said point is lying on the easterly right-of-way line of future Fifth Street; said point is lying on a curve with a radius of 1017 feet; Thence along said curve to the left an arc length of 660.71 feet with a chord bearing of N40Ί04’31"W 649.15 feet to a point lying on the right of way of future Parkview Drive; Thence N45Ί40’53"E 626.68 feet along said right of way of future Parkview Drive to a point on the east line of said Section 24; Thence S01Ί24’21"W 945.13 feet along said section line to the point of beginning containing 4.07 acres more or less, located north of Catron Boulevard and adjacent to the future right-of-way line of Fifth Street and Parkview Drive.

67.    No. 01PD045 - A request by Dream Design International, Inc. for a Planned Residential Development - Initial and Final Development Plan on SE1/4 SE1/4 Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located at the northwest corner of the intersection of Country Road and Nike Road.

68.    No. 01PD047 - A request by Richard O. Stahl for a Planned Residential Development - Final Development Plan on Lots 1-5 of Stahl Victorian Addition (formerly Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition) of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street.

69.    No. 01PD049 - A request by Thurston Design Group for Regional Senior Care for a Major Amendment to a Planned Residential Development to increase the density and allow a nursing home on Lot B of Fairelm Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 417 East Fairlane Drive.

70.    No. 01PD050 - A request by Ozark Civil Engineering for Lowe's Companies Inc. for a Planned Commercial Development - Initial and Final Development Plan on Lots 1 and 2 of Lowe's Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Haines Avenue and Mall Drive.

71.    No. 01PD051 - A request by Olsen Development Co., Inc. for a Planned Commercial Development - Initial and Final Development Plan on Lot 5, Overlook Subdivision, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1825 Clark Street.

72.    No. 01SV024 - A request by Dream Design International for a Variance to the Subdivision Regulations to waive the requirement for curb, gutter, street light conduit, sidewalk, dry sewer and water on Reservoir Road and S.D. Highway 44 on Lot 1 of Lamb Subdivision, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at the southwest corner of the intersection of Reservoir Road and S.D. Highway 44.

73.    No. 01SV025 - A request by Ron & Mary Ann Davis for a Variance to the Subdivision Regulations to waive the requirement for curb, gutter, sidewalk, street light conduit, water and sewer for Reservoir Road on Lots 1 thru 18 of Buffalo Ridge Subdivision formerly: unplatted all located in: NW1/4 NW1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located 800 feet south of the intersection of Twilight Drive and Reservoir Road.

74.    No. 01TI004 - A request by City of Rapid City for a Resolution Creating Tax Increment District No. 32 on Lots 1-11, Block 1, Lots 1-19, Block 2, Lots 1-3, Block 3, Lot 1, Block 4, Lot 1, Block 5, Outlot 1, and dedicated streets, all in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1, 2, 3A, 3B, 4A, and 4B, Block 6, Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4-16, Block 3, Lot 2 and Lot 3, Block 4, Lots 1-6, Block 7, Lots 1-3, Block 8, all in Red Rock Estates Phase 2, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Outlot A of Tract A, Countryside Sub, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Well Lot, and Balance of Picardi Ranch Road, and Balance of Tract 1 (Less Red Rock Estates and Less ROW), all in Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted E1/2 NW1/4 NE1/4 less Red Ridge Ranch and ROW, SW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates, less Red Rock Estate Phase 1A, and Less Row, E1/2 NW1/4 less Red Rock Estates and Less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Sub; N1/2 NE1/4 SW1/4 less Red Rock Estates & Less Countryside Sub; E1/2 NE1/4, and W1/2 NW1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of Sheridan Lake Road and Muirfield Drive.

75.    No. 01TI005 - A request by City of Rapid City for a Tax Increment District No. 32 Project Plan on Lots 1-11, Block 1, Lots 1-19, Block 2, Lots 1-3, Block 3, Lot 1, Block 4, Lot 1, Block 5, Outlot 1, and dedicated streets, all in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1, 2, 3A, 3B, 4A, and 4B, Block 6, Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4-16, Block 3, Lot 2 and Lot 3, Block 4, Lots 1-6, Block 7, Lots 1-3, Block 8, all in Red Rock Estates Phase 2, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Outlot A of Tract A, Countryside Sub, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Well Lot, and Balance of Picardi Ranch Road, and Balance of Tract 1 (Less Red Rock Estates and Less ROW), all in Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted E1/2 NW1/4 NE1/4 less Red Ridge Ranch and ROW, SW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates, less Red Rock Estate Phase 1A, and Less Row, E1/2 NW1/4 less Red Rock Estates and Less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Sub; N1/2 NE1/4 SW1/4 less Red Rock Estates & Less Countryside Sub; E1/2 NE1/4, and W1/2 NW1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of Sheridan Lake Road and Muirfield Drive.

76.    No. 01UR032 - A request by Dream Design International, Inc. for a Use On Review to allow a utility substation in the Low Density Residential Zoning District on the NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the current northern terminus of Muirfield Drive.

77.    No. 01UR037 - A request by Anne Devlin for a Use On Review for a Child Care Center on Lot 2 less W250', Nicholl's Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1241 E. St. Joseph Street.

78.    No. 01UR042 - A request by M & K Consulting for Western Wireless Corp. for a Use on Review to allow Communication Tower in Public District on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Northwest Corner of Tract "A", which bears N0Ί01’49"W a distance of 1516.46 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; Thence S89Ί59’13"E along the north boundary of said Tract "A" a distance of 527.28 feet; Thence S07Ί18’58"W a distance of 460.40 feet to the proposed centerline of Tish Drive, Thence N82Ί32’54"W along said centerline a distance of 9.91 feet to the beginning of a curve concave to the Southwest having a radius of 150.00 feet and a central angle of 54Ί38’42"; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S42Ί48’28"W a distance of 483.98 feet to a point on the west section line of Section 23 and the west boundary of said Tract "A"; thence N0Ί01’49"W along said section line and along the west boundary of Tract "A" a distance of 857.37 feet to the point of beginning. Containing 6.90 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life.

79.    No. 01UR050 - A request by FMG Engineering for Northwestern Engineering for a Major Amendment to a Use On Review to allow for the expansion of a mobile home park in the Medium Density Residential District on Lots 1 and 2 of Meadowlark Hills Subdivision and unplatted land located in SE1/4 of the NE1/4 all located in Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East North Street, east of LaCrosse Street.

80.    No. 01UR051 - A request by Don Steveson for Kevin Galik for a Use On Review to allow a communications tower in the General Commercial Zoning District on Lots 4 and 5 of the subdivision of the south portion of Lot 3 in the SW1/4 of the NW1/4 of Section 9, T1N, R7E of the BHM, Rapid City, Pennington County, South Dakota as shown in Deed Book 95, Page 125, located at 4118 Jackson Boulevard.

81.    No. 01UR052 - A request by Don Steveson for Kevin Galik for a Use On Review to allow a communications tower in the General Commercial Zoning District on the N1/2 of Lot 4 and all of Lots 5 and 6 of Lot A of the SE1/4 SE1/4 of Section 6, T1N, R8E, BHM, and the east 44 feet of Lots 5, 6, 7 and 8 in Block 1 of Radio Towers Subdivision; together with that part of the alley vacated by a resolution recorded September 14, 1962, in Book 80 of misc. records on Page 442, which adjoins Lots 5, 6, 7 and 8 in Block 1, Radio Towers Subdivision all located in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1711 Cambell Street.

82.    No. 01UR053 - A request by M & K Consulting for Western Wireless Corp. for a Use On Review to allow a communication tower in the Light Industrial Zoning District on Lot 1, MDU Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 710 Steele Avenue.

ORDINANCES & RESOLUTIONS

83.    No. 01AN017 - A request by Pennington County for a Petition for Annexation on 1548.92 feet of the 100 foot wide Lange Road right-of-way adjacent and parallel to the north side of Interstate 90 along Lot B of W1/2 SW1/4 including Lot Z, and along R & L Subdivision Lots 1 and 2 and 3, all located in Section 22, T2N, R7E, BHM, Pennington County, South Dakota, located northeast of the intersection of Deadwood Avenue and Interstate 90.

84.    No. 01AN018 - A request by South Dakota Department of Transportation for a Petition for Annexation on U.S. Interstate 90 and right-of-way from Deadwood Avenue eastward, all located within Sections 21, 22 and 27, T2N, R7E, BHM, Pennington County, South Dakota, including: Lot H1 NE1/4 SE1/4, Lot H1 SE1/4 SE1/4, all located in Section 21, T2N, R7E, BHM, Pennington County, South Dakota, and Lot H1, Lot H1 of Lot Y of Lot H2, Lot H1 of Lot X of Lot H2, all located in SW1/4 of Section 22, T2N, R7E, BHM, Pennington County, South Dakota, and Lot H1 W1/2 NW1/4 and NE1/4 NW1/4, and Lot H1 NE1/4, all located in Section 27, T2N, R7E, BHM, Pennington County, South Dakota, located being U.S. Interstate 90 from Deadwood Avenue eastward through Sections 21, 22 and 27.

85.    No. 01RZ042 – Second Reading, Ordinance 3710, a request by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard this being the true point of beginning; Thence N88Ί35’39"W along said northerly right of way line,1759.87 feet; Thence departing said northerly right of way line N01Ί24’21"E 1245 feet to a point lying on the 1/16 line; Thence S88Ί35’39"E, along said 1/16 line, 677.62 feet Thence departing said 1/16 line S02Ί11’17"W 154.18 feet; Thence S82Ί36’49"E 303.17 feet; Thence S43Ί24’43"E 155.36 feet; Thence N43Ί40’53"E 361.7 feet to where the line intersects the north easterly right of way of proposed Fifth Street; Thence along this said right of way on a curve to the right with a radius of 1017 feet and an arc length of 660.71 feet and a chord bearing of S40Ί04’31"E 649.15 feet to where said right of way meets the east section line of said Section 24; Thence S01Ί24’21"W 730.34 feet along said section line to the point of beginning containing 45.5 acres more or less, and a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 730.34 feet to the true point of beginning; said point is lying on the easterly right-of-way line of future Fifth Street; said point is lying on a curve with a radius of 1017 feet; Thence along said curve to the left an arc length of 660.71 feet with a chord bearing of N40Ί04’31"W 649.15 feet to a point lying on the right of way of future Parkview Drive; Thence N45Ί40’53"E 626.68 feet along said right of way of future Parkview Drive to a point on the east line of said Section 24; Thence S01Ί24’21"W 945.13 feet along said section line to the point of beginning containing 4.07 acres more or less, located north of Catron Boulevard and adjacent to the future right-of-way line of Fifth Street and Parkview Drive.

86.    No. 01RZ049 – Second Reading, Ordinance 3728, a request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on SE1/4 SE1/4 Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located at the northwest corner of the intersection of Country Road and Nike Road.

87.    No. 01RZ054 – Second Reading, Ordinance 3738, a request by Wyss Associates for W.E.B. Partners for a Rezoning from Office Commercial District to General Commercial District beginning from a point 1795.13 feet at a bearing S89Ί39’0"E from the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, travel 431.35 feet at a bearing N22Ί2’42"W, Then travel 310.56 feet along a 230’ LHF curve with a chord bearing N16Ί38’12" E, Then travel 161.93 feet at a bearing N55Ί19’17"E, Then travel 227.59 feet at a bearing S34Ί35’20"E,Then travel 300.07 feet at a bearing S45ΊW, Then travel 305.00 feet at a bearing S34Ί36’5"E,Then travel 165.44 feet at a bearing S45ΊW, Then travel 26.8 feet at a bearing N89Ί39’0"W, to the point of start, located west of the western terminus of Fairmont Boulevard and north of Tower Road.

88.    LF101001-12 - Second Reading, Ordinance 3740, entitled An Ordinance Adding Sections 12.20.100 and 12.20.110 of Chapter 12.20 of the Rapid City Municipal Code Regulating Maintenance of Curb and Gutter and Gravel Surfaces in Public Rights-Of-Way.

89.    LF101001-11 – First Reading, Ordinance 3741, entitled An Ordinance Amending Chapter 13.04 by Adding Section 13.04.095 and Amending Chapter 13.08 by Adding Section 13.08.365 of the Rapid City Municipal Code Pertaining to Supplemental Tap Fees.

90.    LF101001-07 - First Reading, Ordinance 3742 entitled An Ordinance Authorizing the Issuance and Sale of $9,000,000 Principal Amount of the City of Rapid City, South Dakota, Health Care Facilities Revenue Bond (The Evangelical Lutheran Good Samaritan Society Project), Series 2001; Ratifying Certain Actions Heretofore Taken; Authorizing the Execution and Delivery by the City of a Financing Agreement, Closing Documents and Such Bond in Connection Therewith; Approving the Form of Certain Ancillary Documents; and Repealing Any Action Heretofore Taken in Conflict Herewith.

91.    No. 01OA016 – First Reading, Ordinance 3743 entitled An Ordinance Amending Sections 17.50.050, 17.50.060, 17.50.070, 17.50.080, 17.50.090, 17.50.100, and 17.50.105 of Chapter 17.50 of the Rapid City Municipal Code to revise various requirements pertaining to Planned Developments including but not limited to: clarifying various notification requirements regarding Initial and Final Development Plan applications, eliminating the requirement to record approved Planned Developments with the Register of Deeds, further defining actions which trigger a Major or Minimal Amendment to an approved Planned Development, and eliminating the minimum size requirements for all types of Planned Developments.

92.    No. 01OA018 – First Reading, Ordinance 3744 entitled An Ordinance Amending Chapters 17.08, 17.10, 17.12, 17.14, 17.18, 17.20, 17.22, 17.24, 17.28, 17.30, 17.32, 17.34, 17.36, 17.38, 17.40, 17.42, 17.44, 17.46, 17.48 and 17.56 of the Rapid City Municipal Code by establishing new subsections pertaining to required building setbacks from section lines in the Park Forest, Low Density Residential –1, Medium Density Residential, High Density Residential, General Commercial, Neighborhood Commercial, Light Industrial, Heavy Industrial, Flood Hazard, Shopping Center – 1, Shopping Center –2, General Agricultural, Hotel-Motel, Mobile Home Residential, Office Commercial, Mining and Earth Extraction, Low Density Residential – 2, Public, Civic Center, and Business Park Zoning Districts.

93.    No. 01RZ057 – First Reading, Ordinance 3746, a request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Low Density Residential District on Lots 1-6, Block 1; Lots 1-5, Block 2; and Lots 1-9, Block 3 of Enchanted Pines Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchanted Pines Drive.

94.    No. LF101001-09 – First Reading, Ordinance 3747, entitled An Ordinance Amending Sections 15.28.100, 15.28.110, and 15.28.120 of Chapter 15.28 of the Rapid City Municipal Code, Relating to the Enforcement of the Sign Code, Removal of Signs, and Decisions of the Sign Code Board of Appeals.

LEGAL & FINANCE COMMITTEE ITEMS

PUBLIC WORKS COMMITTEE ITEMS

95.    No. PW101001-09 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with RESPEC, Inc. for WRF01-1149, Water Reclamation Facility Remediation Plan and Groundwater Monitoring Plan Revision for an amount not to exceed $19,980.

96.    Direct staff to pursue any funding available through State, Federal or other agencies which could be used to purchase the Caldwell property located on Cambell Street in the floodway, and direct staff to begin negotiations with Mr. Caldwell relative to the sale of the property.

97.    Allow the retaining wall and driveway on Cedar Drive to remain in the public right-of-way and require Jim Steele to sign a Waiver of Right to Protest should the City require the removal of these structures in the future.

BILLS

FINANCE OFFICER

POLICE DEPARTMENT

98.    No. CC101501-02 – Event Permit for Veterans Day Parade to be held on November 11, 2001.

PUBLIC WORKS DIRECTOR

CITY ATTORNEY

LIBRARY DIRECTOR

ADJOURN

Red Bar