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

November 5, 2001

MINUTES – Approve the minutes of October 15 and October 31, 2001.

BID OPENINGS

1.    Water Reclamation Facility Security Fence Installation Project WRF01-1153 (Opened on October 29, 2001)

2.    Two New Current Model Year Front Mount 72" Rotary Mowers for the Parks Division (Opened on at 2:30)

MAYOR’S ITEMS

ALDERPERSON ITEMS/LIAISON REPORTS

SPECIAL ITEMS AND ITEMS FROM VISITORS

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

3.    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)

4.    Alta-Lee, Inc. dba Clock Tower Lounge, 2525 W. main Street, for a Sunday Opening License

5.    Public Hearing: Revocation or Suspension of On-Sale Liquor License No. RL-5920 held by Ashley Hospitality, Inc. dba Uptown Grill, 615 Main Street

Set for Hearing (November 19, 2001)

6.    Phatty McGee’s, Inc. dba Phatty McGee’s, 321 Seventh Street, for an On-Sale Liquor License Renewal and Sunday Opening

7.    Kurylas, Inc. dba Imperial Inn, 125 Main Street, for an On-Sale Liquor License Renewal

8.    Alta Lee, Inc. dba Clock Tower Lounge, 2525 W. Main Street, for an On-Sale Liquor License Renewal and Sunday Opening

9.    American Legion, 818 E. St. Patrick Street, for an On-Sale Liquor License Renewal and Sunday Opening

10.    City of Rapid City dba Airport Restaurant and Lounge, RR 2 – Box 6336, Rapid City Regional Airport, for an On-Sale Liquor License Renewal and Sunday Opening

11.    Retsel Corp. dba Cheers/Ramada Inn, 1721 N. LaCrosse Street, for an On-Sale Liquor License Renewal and Sunday Opening

12.    Retsel Corp. dba Ramada Inn Package Store, 1721 N. LaCrosse Street, for an Off-Sale Liquor License Renewal

13.    Rapid City Elks Club, Lodge No. 1187, 3333 E. 39th Street, for an On-Sale Liquor License Renewal and Sunday Opening

14.    High Plains Securities, Inc. dba The Reef, 504 Mt. Rushmore Road, for an On-Sale Liquor License Renewal and Sunday Opening

15.    Flannery Oil Company dba Corner Pantry-LaCrosse Street, 2130 LaCrosse Street, for an Off-Sale Liquor License Renewal

16.    RGR, Inc. dba Hara’s, 2200 N. Maple Avenue, for an On-Sale Liquor License Renewal and Sunday Opening

Other

17.    Authorize consumption of alcoholic beverages at The Journey Museum, 222 New York Street, on November 9, 2001 from 6-10 P.M.

18.    Authorize consumption of alcoholic beverages at The Journey Museum, 222 New York Street, on December 22, 2001 from 6-11 P.M.

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 19, 2001)

19.    No. 01PD054 - A request by Mark A. Fetzer, Inc. for Lakota Community Homes, Inc. for a Major Amendment to a Planned Unit Development to increase the density and allow for reduced side yard setbacks on Tract A of Block 3, Lakota Subdivision No. 1, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2430 Gnugnuska Drive.

20.    No. 01PD055 - A request by City of Rapid City for a Planned Development Designation on Tract A, Meadow View Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U.S. Highway 16 and Catron Boulevard.

21.    No. 01PD056 - A request by City of Rapid City for a Planned Development Designation on that portion of SE1/4 NW1/4 NW1/4 lying east of U.S. Highway 16 less right-of-way and the 40 foot wide Tucker Street right-of-way all located within Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U.S. Highway 16 and Catron Boulevard.

22.    No. 01PD057 - A request by City of Rapid City for a Planned Development Designation on Lot A of Tucker Subdivision and Tract AR2 of Needles Subdivision all located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U.S. Highway 16 and Catron Boulevard.

23.    No. 01UR055 - A request by Remodel King for Daniel M. Tackett for a Use On Review to allow a private residential garage in excess of 1000 square feet on the unplatted part of the NW1/4 SE1/4 NW1/4 of Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3751 Skyline Drive.

Set for Hearing (December 3, 2001)

24.    No. 01VR006 - A request by City of Rapid City for a Vacation of Right of Way on section line right-of-way located in Tract A of Tract 1 of W1/2 SW1/4 Section 23 and E1/2 SE1/4 Section 22, less Lot 1 of Bender Subdivision, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Golden Eagle Drive and adjacent to Old Marine Life.

Public Works Committee Items

26.    No. PW103101-01 –  Approve Change Order No. 01 for SS00-1007, Sheridan Lake Road Sanitary Trunk Sewer Extension Project to Mainline Contracting, Inc. for a decrease of $482.79.

27.    No. PW103101-02 – Approve Change Order No. 02 for WRF01-1034C, Water Reclamation Facility – Equipment Procurement – Mechanical Screens for a decrease of $2,562.00, contingent upon SD DENR review and approval.

28.    No. PW103101-03 – Approve Change Order No. 01 for STCM01-1055, Fifth Street PCC Panel Repair Project to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $4,374.80.

29.    No. PW103101-04 – Approve Change Order No. 01 for SS98-806, Hawthorne Avenue Street & Utilities Reconstruction Project, Phase I to Heavy Constructors, Inc. for an increase of $111,636.50.

30.    No. PW103101-05 – Authorize staff to advertise for bids for MIP01-1097, Miscellaneous Improvements Project.

31.    No. PW103101-06 – Authorize staff to advertise for bids for W01-1104, East Omaha Water Main Extension Project – LaCrosse to Cambell. Second by Murphy.

32.    No. PW103101-07 – Authorize staff to advertise for bids for SSW01-1136, Water and Sewer Relocations for SE Connector Project, North Phase.

33.    No. PW103101-08 – Authorize the Mayor and Finance Officer to sign a South Dakota Department Of Transportation Letting and Maintenance/Encroachment Agreement for PH-P 0044(122)46 PCEMS 5439, SD 44 Omaha Street from LaCrosse to Cambell Street.

34.    No. PW103101-09 – Authorize the Mayor and Finance Officer to sign a Permanent Utility Easement with Rapid Valley Sanitary District & Water Service Company.

35.    No. PW103101-10 – Authorize the Mayor and Finance Officer to sign a Temporary Construction Easement with Rapid Valley Sanitary District & Water Service Company.

36.    No. PW103101-18 – Authorize the Mayor and Finance Officer to sign a Fee Agreement with Rapid Valley Sanitary District and Water Service Company.

37.    No. PW103101-11 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with Ferber Engineering Company to Design and Prepare Construction Plan and Technical Specification for ST01-1138, Rushmore Business Park Project, Phase 3 for an amount not to exceed $55,275.

38.    No. PW103101-14 – Approve a Travel Request for James Walraven, GC Superintendent to attend Golf Course Superintendent Association of American 73rd International Golf Course Conference and Show in Orlando, FL, February 3 – 10, 2002 in the amount of $1,835.90.

39.    No. PW103101-15 – Approve a Resolution Establishing Fees for Grave Spaces and Cemetery Services for 2002.

40.    No. PW103101-17 – Approve the purchase of one (1) 2002 Chevy Express Cargo Van for the Street Division from Beck Motors for a total purchase price of $16,871 under State Contract #13382.

41.    Approve the purchase of Magnesium Chloride for the Street Division under State Contract No. 21152 for the unit price of $0.539 per gallon as submitted by Envirotech Services, Inc. through local supplier Z & S Dust Control, who agrees to honor unit price.

42.    No. 01VE016 – Approve with stipulations a Vacation of Drainage Easement for Lyle Henriksen on Lot 2 of Randall Subdivision, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1950 Deadwood Avenue.

43.    Approve the request of Mike Lewis for a thirty foot curb cut on Lot 1, Block 1 of Stoney Creek Subdivision.

Legal & Finance Committee

44.    LF103101-01 - Approve Travel Request for Annual Department Meeting at the Civic Center in the amount of $500.

45.    LF103101-02 - Authorize Mayor and Finance Officer to sign Addendum Agreement with ICAD, Inc.

46.    LF103101-03 - Approve request to accept grant award for COPS Grant (matching funds in 2002 budget).

47.    LF103101-04 - Authorize staff to apply for and accept grant money from The Homeland Defense Program (up to $100,000).

48.    LF103101-20 - Approve Travel Request for Dan Goodart to attend CAMEO classes in Baltimore, MD, from December 8-14, 2001, in the sum of $1,530.50.

49.    LF103101-05 - Authorize staff to apply for and accept grant money from the Bill and Melinda Gates Foundation for computer work stations and server.

50.    LF103101-07 - Approve Vacation of Section Line Right of Way - Tract A of Tract 1 of W½SW¼ of Section 23 and E½SE¼ of Section 22, Less Lot 1 of Bendert Subdivision.

51.    LF103101-08 - Find that all feasible and prudent alternatives to the demolition of the garage at 1121 Clark Street in the West Boulevard Historic District have been pursued and that all possible planning to minimize harm to historic property has also taken place.

52.    LF103101-19 - Authorize the purchase of a Dodge Durango from Wegner Auto Co. Inc. on State Bid No. 13387 in the amount of $26,440.

53.    LF103101-18 - Approve Weed & Seed - year 2 contract for Independent Contractor - Institute for Educational Leadership & Participation Chiesman Foundation for Democracy - $10,640 in 4 payments throughout the grant year October 2001-September 2002.

54.    LF103101-09 - Approve Resolution Declaring Property Surplus.

55.    Direct staff to put additional electrical capability in Canyon Lake Park (one 150-amp pedestal in the middle area) at an approximate cost of $10,000, funding to come from the CIP Contingency Fund.

56.    Authorize retention of Ketel Thorstenson, LLP, CPA's to perform audit of the City of Rapid City for the year ended December 31, 2001, at a cost not to exceed $26,500. (A separate fee estimated at $5-10,000 will be negotiated for audit work in connection with implementation of GASB 34. This would be a one-time fee for each implementation phase and would not be included in ongoing fees.)

57.    LF103101-14 - Authorize Mayor and Finance Officer to sign Memorandum of Understanding between Joseph M. Lytle and Winona M. Lytle, South Dakota Department of Transportation and City of Rapid City (this Agreement was approved for signature on July 16, 2001, but modifications were made thereafter and an Agreement signed. The Agreement as amended needs to be approved by Council.)

58.    LF103101-15 - Approve Resolution to Amend the City of Rapid City Healthcare Benefit Plan.

59.    Approve establishment of the Position of Apprentice HVAC Technician (AFSCME Union Wage Scale).

60.    Approve the following licenses: Commercial Refuse Collector: Dan Wild, Midwest Disposal Co.; Mechanical Apprentice: Jeff Falk; Plumber: Timothy L. Saylor; Plumbing Apprentice: Rob Evans, Dan McGlothlen, Abdellah Mzala; Residential Contractor: All Phases, William Lipp; Black Hills Home Repair, James Robert Stephenson; Fetters Construction, Shad Fetters; Keller Construction, Mike Keller; L & P Construction, Leslie R. Riss; Mills Construction, Jerry Mills; S & K Construction, Clyde Scott and Myrna Kay Smallwood; Steve's Remodeling & Construction, Stephen R. Pratt; T-M Concrete Construction, Inc., Chad Meyers; Security Business: Highlander Security, LLC, James Lloyd Hansen; Journeyman Sewer & Water Installer: William Bradford; Trenching Journeyman: Troy Bockelmann, Terry Hefta; Trenching Contractor: Kaski Homes, Keith Sarkinen.

61.    LF103101-17 - Approve appointment of Bill Waugh to the Drinking Water Protection Committee.

End of Consent Calendar

PUBLIC HEARINGS

62.    No. CC110501-05 - Request by Western Wireless Corporation to enter into a lease of property.

63.    No. CC110501-01 - Resolution Levying Assessment for Cleanup of Miscellaneous Properties

64.    No. CC110501-02 - Resolution Levying Assessment for Block 5 Alley Paving Project ST00-993

65.    No. CC110501-03 - Resolution Levying Assessment for Sidewalk Improvement Project SWK01-1096

66.    No. CC110501-04 - Resolution of Necessity for Block 23 Alley Paving Project ST01-1122

PLANNING DEPARTMENT CONSENT ITEMS

67.    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.

68.    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.

69.    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.

70.    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.

71.    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.

72.    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.

73.    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.

74.    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.

75.    No. 01PL095 - A request by Ferber Engineering Company for a Preliminary and Final Plat on Lots 7R and 8R of The Flannery Subdivision No. 2 formerly Lots 7, 8 and 9 of The Flannery Subdivision No. 2 located in the NW1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Ireland Place south of Corral Drive.

76.    No. 01PL096 - A request by Gary Rasmusson for a Final Plat on Lots 31R through 35R, and Lots 40 through 42, of Block 11, and Lots 1R through 4R, and Lot 26 of Block 13, Robbinsdale Addition No. 8 (formerly Lots 31 through 35, and Lot 36 Rev. of Block 11, and Lots 1 through 4 of Block 13, of Robbinsdale Addition No. 8) Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Sitka Street and Hemlock Street.

77.    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.

78.    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.

79.    No. 01PL101 - A request by Ferber Engineering Company for a Layout, Preliminary and Final Plat on Lot 3 of Block 1 Rushmore Business Park, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Homestead Street and east of Conseco Finance.

80.    No. 01PL102 - A request by Alliance of Architects for American West Communities for a Layout Plat on S1/2 of the NE1/4 and the SE1/4 except Bradeen Subdivision of Section 22 and NE1/4 Section 27, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Reservoir Road and South Side Drive.

81.    No. 01PL103 - A request by Dream Design International, Inc. for a Preliminary and Final Plat 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.

82.    No. 01PL104 - A request by Paul and Sandra Thielen for a Layout Plat on Lots 1 and 2 of Lot 9 of Block 10 of Mountain View Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2216 Cerro Court.

83.    No. 01PL107 - A request by FMG, Inc. for Hart Ranch Development Co. for a Preliminary and Final Plat on Lot A of Lot 29 and Lot B of Lot 29 of Village on the Green No. 2, Sections 12 and 13, T1S, R7E, BHM, Pennington County, South Dakota, located at the intersection of Mulligan Mile and Hacker Loop.

84.    No. 01PL108 - A request by Ferber Engineering for Raymond J. Crawford III for a Preliminary and Final Plat on Lot 4R, High Sheridan Ranch Subdivision, Section 35, T1N, R6E, BHM, Pennington County, South Dakota, located at 23435 Sand Lane.

85.    No. 01PL109 - A request by Doug Sperlich for Gary Rasmusson for a Preliminary and Final Plat on Lots 10R and 11R of Block 2 of Country Club Heights No. 2, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Hogan Court.

END OF PLANNING CONSENT CALENDAR

86.    No. 01PL105 - A request by Doug Sperlich for Skyline Pines Development for a Final Plat on Lots 1-7, Block 1, Skyline Pines Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Skyline Drive west of Skyview North Subdivision.

87.    No. 01PL106 - A request by Doug Sperlich for Skyline Pines Development for a Final Plat on Lots 15 and 16 of Block 3 of Skyline Pines Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Pevans Parkway.

88.    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.

PLANNING DEPARTMENT - HEARINGS

89.    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.

90.    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 on property described by metes and bounds beginning from a point 1795.13 feet at a bearing S89º39’0"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 N22o2’42"W, Then travel 310.56 feet along a 230’ LHF curve with a chord bearing N16º38’12" E, Then travel 161.93 feet at a bearing N55º19’17"E, Then travel 227.59 feet at a bearing S34º35’20"E,Then travel 300.07 feet at a bearing S45ºW, Then travel 305.00 feet at a bearing S34º36’5"E,Then travel 165.44 feet at a bearing S45ºW, Then travel 26.8 feet at a bearing N89º39’0"W, to the point of start, located west of the western terminus of Fairmont Boulevard and north of Tower Road.

91.    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.

92.    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.

93.    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.

94.    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.

95.    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.

96.    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.

97.    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.

98.    No. 01SV026 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement for water, sewer, paving, curb, gutter, sidewalks, and street light conduit and to allow lots more than twice as long as they are wide 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.

99.    No. 01SV027 - A request by FMG, Inc. for Hart Ranch Development Co. for a Variance to the Subdivision Regulations to allow sidewalks on one side of the street on Lot A of Lot 29 and Lot B of Lot 29 of Village on the Green No. 2, Sections 12 and 13, T1S, R7E, BHM, Pennington County, South Dakota, located at the intersection of Mulligan Mile and Hacker Loop.

100.    No. 01SV028 - A request by Ferber Engineering for Raymond J. Crawford III for a Variance to the Subdivision Regulations to waive the requirement for pavement, curb and gutter, sidewalks, lighting conduit, and dry sewer on Lot 4R, High Sheridan Ranch Subdivision, Section 35, T1N, R6E, BHM, Pennington County, South Dakota, located at 23435 Sand Lane.

101.    No. 01SV029 - A request by Doug Sperlich for Gary Rasmusson for a Variance to the Subdivision Regulations to allow a lot more than twice as long as it is wide on Lots 10R and 11R of Block 2 of Country Club Heights No. 2, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on Hogan Court.

102.    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.

103.    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.

104.    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.

105.    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.

106.    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.

107.    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.

ORDINANCES & RESOLUTIONS

108.    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.

109.    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 S89º39’0"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 N22º2’42"W, Then travel 310.56 feet along a 230’ LHF curve with a chord bearing N16º38’12" E, Then travel 161.93 feet at a bearing N55º19’17"E, Then travel 227.59 feet at a bearing S34º35’20"E,Then travel 300.07 feet at a bearing S45ºW, Then travel 305.00 feet at a bearing S34º36’5"E,Then travel 165.44 feet at a bearing S45ºW, Then travel 26.8 feet at a bearing N89º39’0"W, to the point of start, located west of the western terminus of Fairmont Boulevard and north of Tower Road.

110.    No. LF101001-11 – Second 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.

111.    LF101001-07 - Second 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.

112.    No. 01OA016 – Second 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.

113.    No. 01OA018 – Second 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.

114.    No. 01RZ056 – First Reading, Ordinance 3745, a request by 3 T's Land Development for a Rezoning from Low Density Residential District to Low Density Residential II District on Tract B of Minnesota Ridge Subdivision located in the NE1/4 of SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota less a portion of Tract B of Minnesota Ridge Subdivision located in the NE1/4 of SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the corner of Lot 2R of Block 28 of Robbinsdale Addition No. 10, common with the northeasterly corner of Lot 3 of Block 28 of Robbinsdale Addition No. 10, said point being an angle point along the northerly boundary of said Tract B of Minnesota Ridge Subdivision, and the Point of Beginning; Thence, first course: N73º18’54"E, along the boundary common to said Tract B of Minnesota Ridge Subdivision, and said Lot 2R of Block 28, a distance of 124.95 feet; Thence, second course: S45º40’57"E along the southerly boundary of said Lot 2R of Block 28, common with the northerly boundary of said Tract B of Minnesota Ridge Subdivision, a distance of 20.56 feet; Thence, third course: N44º19’03"E, along the southerly boundary common to said Lot 2R of Block 28, and the northerly boundary of said Tract B of Minnesota Ridge Subdivision, a distance of 176.61 feet, to a point on the westerly boundary of Lot 1R of Block 17, Robbinsdale Addition No.10. Said point is a corner common to said Lot 2R of Block 28, and said Tract B of Minnesota Ridge Subdivision; Thence, fourth course: S36º33’28"E, along the boundary common to said Tract B of Minnesota Ridge Subdivision, and said Lot 1R of Block 17, a distance of 10.96 feet; Thence, fifth course: S44º19’03"W, a distance of 200.76 feet; Thence, sixth course: S73º18’54"W, a distance of 149.18 feet to a point on the boundary common to said Lot 3 of Block 28, and said Tract B of Minnesota Ridge Subdivision; Thence, seventh course: N21º40’47"E, along the boundary common to said Lot 3 of Block 28, and said Tract B of Minnesota Ridge Subdivision, a distance of 51.02 feet to the corner common to said Lot 3 of Block 28, and said Lot 2R of Block 28, and said Tract B of Minnesota Ridge Subdivision and the Point of Beginning, located west of 5th Street north of Minnesota Street.

115.    No. 01RZ057 – Second 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.

116.    No. LF101001-09 – Second 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.

117.    LF103101-11 - First Reading, Ordinance 3748, Regarding Supplemental Appropriation No. 9 for 2001.

118.    No. 01RZ058 – First Reading, Ordinance 3749 , a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Tract A, Meadow View Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U.S. Highway 16 and Catron Boulevard.

119.    No. 01RZ059 - First Reading, Ordinance 3750 A request by City of Rapid City for a Rezoning from No Use District to General Commercial District on that portion of SE1/4 NW1/4 NW1/4 lying east of U.S. Highway 16 less right-of-way and the 40 foot wide Tucker Street right-of-way all located within Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U.S. Highway 16 and Catron Boulevard.

120.    No. 01RZ060 - First Reading, Ordinance 3751 A request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot A of Tucker Subdivision and Tract AR2 of Needles Subdivision all located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of U.S. Highway 16 and Catron Boulevard.

121.    No. 01RZ061 - First Reading, Ordinance 3752 A request by 3 T's Land Development for a Rezoning from Office Commercial District to Low Density Residential II District on a portion of Tract B of Minnesota Ridge Subdivision located in the NE1/4 of SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the corner of Lot 2R of Block 28 of Robbinsdale Addition No. 10, common with the northeasterly corner of Lot 3 of Block 28 of Robbinsdale Addition No. 10, said point being an angle point along the northerly boundary of said Tract B of Minnesota Ridge Subdivision, and the Point of Beginning; Thence, first course: N73º18’54"E, along the boundary common to said Tract B of Minnesota Ridge Subdivision, and said Lot 2R of Block 28, a distance of 124.95 feet; Thence, second course: S45º40’57"E along the southerly boundary of said Lot 2R of Block 28, common with the northerly boundary of said Tract B of Minnesota Ridge Subdivision, a distance of 20.56 feet; Thence, third course: N44º19’03"E, along the southerly boundary common to said Lot 2R of Block 28, and the northerly boundary of said Tract B of Minnesota Ridge Subdivision, a distance of 176.61 feet, to a point on the westerly boundary of Lot 1R of Block 17, Robbinsdale Addition No.10. Said point is a corner common to said Lot 2R of Block 28, and said Tract B of Minnesota Ridge Subdivision; Thence, fourth course: S36º33’28"E, along the boundary common to said Tract B of Minnesota Ridge Subdivision, and said Lot 1R of Block 17, a distance of 10.96 feet; Thence, fifth course: S44º19’03"W, a distance of 200.76 feet; Thence, sixth course: S73º18’54"W, a distance of 149.18 feet to a point on the boundary common to said Lot 3 of Block 28, and said Tract B of Minnesota Ridge Subdivision; Thence, seventh course: N21º40’47"E, along the boundary common to said Lot 3 of Block 28, and said Tract B of Minnesota Ridge Subdivision, a distance of 51.02 feet to the corner common to said Lot 3 of Block 28, and said Lot 2R of Block 28, and said Tract B of Minnesota Ridge Subdivision and the Point of Beginning. Said Parcel contains 7,790 square feet or 0.179 acres more or less, located west of 5th Street north of Minnesota Street.

122.    No. 01OA019 - First Reading, Ordinance 3753 entitled An Ordinance Amending Chapter 17.50 by Adding Section 17.50.335; Amending Section 12.20.30 of Chapter 12.20; Amending Section 15.40.080 of Chapter 15.40; Amending Sections 17.50,230, 17.50.250 (F) (2), 17.50.280 and 17.50.300 of Chapter 17.50 of the Rapid City Municipal Code Pertaining to Sight Triangles.

123.    No. 01OA020 - First Reading, Ordinance 3754 entitled An Ordinance Amending Section 17.22.030 of Chapter 17.22 of the Rapid City Municipal Code by Adding a New Subsection 17.22.030 (K) Allowing Wind Energy Conversion Systems in Uses Permitted on Review.

124.    No. 01OA021 - First Reading, Ordinance 3755 entitled An Ordinance Amending Chapter 17.18.020 of the Rapid City Municipal Code to Allow Outdoor Firewood Storage and Sales Lot as a Use On Review in the General Commercial Zoning District.

125.    LF103101-16 - First Reading, Ordinance 3756 entitled An Ordinance Amending Section 15.48.110 of Chapter 15.48 of the Rapid City Municipal Code By Revising Certain Requirements Pertaining to Access Roads Within Mobile Home Parks.

LEGAL & FINANCE COMMITTEE ITEMS

126.    No. 01TI004 - Resolution Creating Tax Increment District No. 32 on the following property: 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.

127.    No. 01TI005 - Tax Increment District No. 32 Project Plan for the following property: 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.

128.    Award the bid for sale of the West 5' of Block 28, Airport Addition (surplus property) to Qusi Al-Haj, the only bidder, in the amount of $700.

129.    LF103101-12 - Approve Resolution Amending the Plans for Projects and Programs to be Funded from the Rapid City Economic Development and Civic Improvements Fund.

130.    LF103101-13 - Approve the following Recommendations of the Subsidy Committee and the Arts Subsidy Committee for FY2002 Funding: A Cappella Showcase $381; Allied Arts Fund Drive $769; Art Resource Center $1,810; BH Children’s Theatre Troop $2,816; Dakota Choral Union $2,514; Heritage Festival $251; Municipal Band $13,072; Pioneer Museum $2,000; Pow-Wow Association $10,056; Ranger Marching Band $9,000; Rapid City Arts Council $18,000; Storybook Theatre $12,821; Symphony Orchestra $13,575; Big Brothers/Sisters $5,000; Canyon Lake Senior Center $14,000; CASA $8,000; City Wide Halloween Party $950; Community Care Center $10,000; Community Health Center $4,000; Elderly Meals (WSDSS) $5,500; Habitat for Humanity $4,460; Minneluzahan Senior Center $21,500; Rural America Initiatives $2,500; Salvation Army $5,155; Senior Companions $1,000; Working Against Violence $5,000

PUBLIC WORKS COMMITTEE ITEMS

131.    No. PW091201-12 –Authorize the Mayor and Finance Officer to sign an Agreement with Skyline Pines Development Company LLC to provide water service to development.

132.    No. PW103101-13 - Funding for costs associated with moving the traffic signal from 5th/Meade to 5th/Indiana Street

133.    No. PW103101-16 – Approve the 2001-2002 Rapid City Deer Herd Management Program.

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