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

December 3, 2001

MINUTES – Correct the minutes of October 15, 2001 to show the name change for a Professional Services Agreement between Interstate Engineering Inc. (formerly TranSystems, Inc. and the City to complete a Travel Demand Forecasting Model Update; Correct the minutes of October 31, 2001 to show the correct project number for the Meadowbrook Golf Course Clubhouse Project as GC00-1016; correct the minutes of November 5, 2001 to show the correct amount for Water Reclamation Security Fence Project WRF01-1152 as $47,751; and approve the minutes of November 19, 2001.

BID OPENINGS (None)

MAYOR’S ITEMS

ALDERPERSON ITEMS/LIAISON REPORTS

SPECIAL ITEMS AND ITEMS FROM VISITORS

1.         Jerry Lint – Appeal Police Chief’s denial of Security License

2.         Diana Winckel – Presentation of Petitions relative to the proposed work release facility in North Rapid City

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

3.         Albertsons, Inc. dba Albertsons, 855 Omaha Street, for an Off-Sale Liquor License Renewal

4.         Rushmore Catering Company, Inc. dba Rushmore Plaza Holiday Inn, 505 N. 5th Street, for an On-Sale Liquor License Renewal and Sunday Opening

5.         Great Wall, Inc. dba Great Wall Chinese Restaurant, 315 E. North Street, for an On-Sale Wine License Renewal

6.         Great Wall, Inc. dba Imperial Chinese Restaurant, 702 E. North Street, for an On-Sale Wine License Renewal

7.         Shiba Investments, Inc. dba Radisson, 445 Mt. Rushmore Road, for an On-Sale Liquor License Renewal and Sunday Opening

8.         Brinker Restaurant Corp. dba Chili’s Grill & Bar, 2125 N. Haines Avenue, for an On-Sale Liquor License Renewal and Sunday Opening

9.         Rapid City Liquor, Inc. dba FTC Express No. 657, 3460 Sturgis Road, for an Off-Sale Liquor License Renewal

10.       Rapid City Liquor, Inc. dba Family Thrift Liquor No. 273, 1516 E. St. Patrick Street, for an Off-Sale Liquor License Renewal

11.       Rapid City Liquor, Inc. dba Prairie Bottle Market, 13 New York Street, for an Off-Sale Liquor License Renewal

12.       Guang Huan Huang dba Hunan Chinese Restaurant, 1720 Mt. Rushmore Road, for an On-Sale Wine License Renewal

13.      Loveletta M. Gibson dba Lovey’s Outer Limits, 10140 Pierre Lane, for an On-Sale Wine License Renewal

14.       Kelly’s Sports Lounge, Inc. dba Kelly’s Sports Lounge, 825 Jackson Boulevard, for an On-Sale Liquor License Renewal and Sunday Opening

15.       Fox Family Enterprises, Inc. dba Rodeway Inn, 2208 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Transfer (from Keith Fox)

16.       Fox Family Enterprises, Inc. dba Rodeway Inn, 2208 Mt. Rushmore Road, for an On-Sale Liquor License Transfer (from Keith Fox)

17.       Fox Family Enterprises, Inc. dba Rodeway Inn, 2208 Mt. Rushmore Road, for an On-Sale Liquor License Renewal and Sunday Opening

18.      Sanford’s Grub & Pub South Dakota dba Sanford’s Grub & Pub, 306 Seventh Street, for an On-Sale Liquor License Renewal and Sunday Opening

19.      Sooper Dooper Markets, Inc. dba Sooper Dooper No. 1, 913 E. St. Patrick Street, for an Off-Sale Liquor License Renewal

20.      Restech Partners, Inc. dba TGI Fridays, 2205 N. LaCrosse Street, for an On-Sale Liquor License Renewal and Sunday Opening

21.       Blue Lantern Lounge, Inc. dba Blue Lantern Lounge, 1200 E. St. Patrick Street, for an On-Sale Liquor License Renewal and Sunday Opening

22.       Loyal Order of Moose, 841 E. St. Patrick Street, for an On-Sale Liquor License Renewal and Sunday Opening

23.       Western Dakota Gaming, Inc. dba Valley Sports Bar, 1865 S. Valley Drive, for an On-Sale Liquor License Renewal and Sunday Opening

24.     Hansen Investments, Inc. dba Diamond Dave’s Taco Co., Rushmore Mall, 2200 N. maple, for an On-Sale Liquor License Renewal and Sunday Opening

25.      Shotgun Willies, Inc. dba Shotgun Willies, 2808 W. Main Street, for an On-Sale Wine License Renewal

26.      The Retired Enlisted Association, Chapter Home No. 29, 906 E. Philadelphia, for an On-Sale Wine License Renewal

27.       The Retired Enlisted Association, TREA Chapter 29, 1981 E. Centre Street, for an On-Sale Liquor License Renewal and Sunday Opening

28.       GMRI, Inc. dba Red Lobster, 120 Disk Drive, for an On-Sale Liquor License Renewal and Sunday Opening

29.       Porter Apple Company, Inc. dba Applebee’s Neighborhood Grill & Bar, 2160 Haines Avenue, for an On-Sale Liquor License Renewal and Sunday Opening

30.       Meadowood Lounge, Inc. dba Meadowood Lounge, 3809 Sturgis Road, for an On-Sale Liquor License Renewal and Sunday Opening

31.       Sam’s West, Inc. dba Sam’s Club, 1020 LaCrosse Street, for an Off-Sale Liquor License Renewal

32.       B&L, Inc. dba Boyd’s Liquor Mart, 2101 W. Main Street, for an Off-Sale Liquor License Renewal

33.       Mills Drug, Inc. dba Boyd’s Liquor Mart, 1424 Mt. Rushmore Road, for an Off-Sale Liquor License Renewal

34.       B&L, Inc. dba Boyd’s Liquor Mart, 909 E. St. Patrick Street, for an Off-Sale Liquor License Renewal

35.       Dan Trieu Ly dba Golden Fortune, 1204 E. North Street, for an On-Sale Wine License Renewal

36.       Beshara Enterprises, Inc. dba The Pirate’s Table, 3550 Sturgis Road, for an On-Sale Liquor License Renewal and Sunday Opening

37.       Robert Johnson dba Canyon Lake Pub & Casino, 4116 Jackson Boulevard, for an On-Sale Wine License Renewal

38.       WR Rapid City Ventures, LP dba Oakleaf Beer Garden, 2213 LaCrosse Street, for an On-Sale Wine License Renewal

39.       WR Rapid City Ventures, LP dba Minerva’s Restaurant & Bar, 2211 N. LaCrosse Street, for an On-Sale Liquor License and Sunday Opening

40.       Sports Saloon, Inc. dba Murphy’s Bar, 510 Ninth Street, for an On-Sale Liquor License Renewal and Sunday Opening

41.            Cowboy Casino, Inc. dba The Boot, 826 Main Street, for an On-Sale Liquor License Renewal and Sunday Opening

42.       Harley’s Casino, Inc. dba Harley’s Casino, 640 E. St. Patrick Street, for an On-Sale Liquor License Renewal and Sunday Opening

43.       Joe Crawford dba Smokin Joe’s No. 12, 4302 S. Highway 79, for an On-Sale Liquor License Renewal

44.       Ashley Hospitality, Inc. dba Uptown Bar & Grill, 615 Main Street, for an On-Sale Liquor License Renewal

45.       Merle Bach dba The Hideaway, 1575 N. LaCrosse Street, for an Off-Sale Liquor license Renewal

46.       Faryat, Inc. dba Botticellis Ristorante Italian, 523 Main Street, for an On-Sale Wine License Renewal

47.       Faryat, Inc. dba Botticellis Ristorante Italian, 523 Main Street, for an Off-Sale Liquor License Renewal

48.       LaCroix Investments dba Time Out Lounge, 615 E. North Street, for an On-Sale Liquor License Renewal and Sunday Opening

49.       LaCroix Investments dba Bus’s Bottle Shop, 615 E. North Street, for an Off-Sale Liquor License Renewal

50.       Casa Del Rey Rapid City, Inc. dba Casa Del Rey, 1902 Mt. Rushmore Road, for an On-Sale Liquor License Renewal and Sunday Opening

51.      Canyon lake Club LLC, dba Canyon Lake Chophouse, 2720 Chapel Lane, for an On-Sale Liquor License Renewal and Sunday Opening

52.       VFW, Rushmore Post 1273, 420 Main Street, for an On-Sale Liquor License Renewal and Sunday Opening

53.       Moyle Petroleum Company dba Common Cents, 2808 Sheridan Lake Road, for an Off-Sale Liquor License Renewal

54.      Shooters, Inc. dba Shooters, 2504 W. Main Street, for an On-sale Liquor License Renewal and Sunday Opening

55.      Harold’s Prime Rib, Inc. dba Harold’s Prime Rib, 318-320 East Boulevard, for an On-Sale Liquor License Renewal and Sunday Opening

56.       Mai T. Goodsell dba Saigon Restaurant, 221 E. North Street, for an On-Sale Wine License Renewal

57.      Colonial House, Inc. dba Colonial House, 2501 Mt. Rushmore Road, for an On-Sale Liquor License Renewal and Sunday Opening

58.       Harbry Enterprises, Inc. dba Buck-N-Gator, 4095 Sturgis Road, for an On-Sale Liquor License Renewal and Sunday Opening

59.      Century Resources (inactive), 1221 Omaha Street, for an On-Sale Liquor License Renewal and Sunday Opening

60.      Canyon Lake Liquors, Ltd. Dba Canyon Lake Liquors, 4244 Canyon Lake Drive, for an Off-Sale Liquor License Renewal

61.       Hotel Management Company, Inc. dba Hotel Alex Johnson, 523 Sixth Street, for an On-Sale Liquor License Renewal and Sunday Opening

62.       Hotel Management Company, Inc. dba Hotel Alex Johnson, 523 Sixth Street, for an Off-Sale Liquor License Renewal

63.       Rushmore Rentals, Inc. dba Alex Johnson Hotel – Jefferson Bar, 523 Sixth Street, for an On-Sale Liquor License Renewal and Sunday Opening

64.      Safeway Stores 46, Inc., dba Safeway Store No. 581, 2120 Mt. Rushmore Road, for an Off-Sale Liquor License Renewal

65.            Safeway Stores 46, Inc., dba Safeway Store No. 1554, 730 Mt. View Road, for an Off-Sale Liquor License Renewal

Set for Hearing (December 17, 2001)

66.       Fat Boy’s Inc. dba Firehouse Brewing Company, 610 Main Street, for an On-Sale Liquor License Renewal and Sunday Opening

67.       Fraternal Order of Eagles, Rapid City Aerie No. 3555, 1410 Centre Street, for an On-Sale Liquor License Renewal and Sunday Opening

68.       Mae Jean Adams dba The Corn Exchange, 727 Main Street, for an On-Sale Wine License Renewal

69.       Keith & Dorla Brink dba Carini’s Italian Food, 324 St. Joe Street, for an On-Sale Wine License Renewal

70.      Martom Management, Inc. dba Day’s Inn Lounge, 725 Jackson Boulevard, for an On-Sale Liquor License Renewal

71.       H&B, Inc. dba Hall Inn, 214 E. St. Joe Street, for an Off-Sale Liquor License Renewal

72.       Steve C. Lester dba Quality Inn, 1902 N. LaCrosse Street, for an On-Sale Liquor License Renewal and Sunday Opening

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 (December 17, 2001)

73.       No. 01PD060 – A request by Dream Design International for an Initial and Final Development Plan - Planned Residential Development on a parcel of land located in SW1/4 NE1/4 of Section 29, T1N, R7E, BHM, City of Rapid City, Pennington County, South Dakota, being more particularly described as follows: Beginning at the Northeast Corner of Lot 1, Block 2 of Red Rock Estates as recorded with the Pennington County Register of Deeds in Book 29, Page 202; thence N14º58'00"W, 33.49 feet to a point of curvature; thence northerly along the arc of said curve to the left whose radius is 374.00 feet and whose delta angle is 12º33'13", an arc length of 81.94 feet to a point on said curve; thence N37º19'06"W, 30.86 feet to a point lying on a curve concave to the southwest and whose chord bears N47º10'58"W, 190.88 feet; thence continuing along the arc of said curve to the left whose radius is 370.00 feet and whose delta angle is 29º53'46", an arc length of 193.06 feet to a point of tangency; thence N62º07'51"W, 20.88 feet; thence N27º52'09"W, 68.00 feet; thence N46º00'20"E, 149.55 feet; thence N37º03'21"W, 122.32 feet; thence N67º14'10"E, 122.78 feet; thence S68º07'14"E, 142.96 feet; thence S21º41'30"E, 132.93 feet; thence S22º57'06"W, 132.93 feet; thence S57º27'46"W, 126.29 feet; thence S23º47'31"E, 174.70 feet to the Northeast Corner of Lot 4A, Block 6 of Red Rock Estates as recorded with the Pennington County Register of Deeds in Book 30, Page 14; thence S75º02'00"W, along the north line of said Lot 4A a distance of 160.00 feet to the Northwest Corner of said Lot 4A: thence S75º02'00"W, 42.00 feet to the Point of Beginning containing 3.840 acres, more or less, located west of Sheridan Lake Road - Red Rock Estates Subdivision.

74.       No. 01UR056 - A request by Don Steveson for Kevin Galik for a Major Amendment to 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.

Public Works Committee Items

75.       No. PW112801-02 – Approve Change Order No. 01F for PR01-1043, Parks Parking Lots Overlay Project to Hills Materials Company for an increase of $1,528.15.

76.       No. PW112801-03 – Approve Change Order No. 01F for PR01-1101, Mary Hall Park Bicycle Path Project to J & J Asphalt Company for an increase of $11,107.27.

77.      Authorize staff to advertise for bids for WRF02-1172, Water Reclamation Facility Recirculation Pumps.

78.       No. PW112801-04 – Authorize staff to advertise for bids for SSW01-1105, In-Place Sewer and Water Reconstruction Project.

79.       No. PW112801-05 – Authorize the Mayor and Finance Officer to sign an Agreement with the Peace Officers to jointly construct a 10” watermain along Golden Eagle Drive from Catron Blvd.

80.       No. PW112801-06 – Authorize the Mayor and Finance Officer to sign a Permanent Utility Easement Agreement and Temporary Construction Easement Agreement with Presbyterian Retirement Village of Rapid City, Inc.

81.       No. PW112801-07 – Authorize the Mayor and Finance Officer to sign a Permanent Utility Easement Agreement and Temporary Construction Easement Agreement with Rapid City Regional Hospital, Inc.

82.       No. PW112801-08 – Authorize the Mayor and Finance Officer to sign an Agreement with Black Hills Harley Davidson, Inc. to Maintain sections of Lange Road from Deadwood Avenue to Black Hills Harley Davidson entrance.

83.       No. PW112801-09 – Authorize the Mayor and Finance Officer to sign an Agreement with International Association of Electrical Inspectors to Conduct the Analysis of the 2002 National Electrical Code Seminar for an amount not to exceed $3,125.

84.       No. PW112801-10 – Authorize the Mayor and Finance Officer to sign an Agreement with LENNOX Training Services to Conduct Residential Application and Design Seminar for an amount not to exceed $499 per attendee.

85.       No. PW112801-12 – Authorize the Mayor and Finance Officer to sign a Vendor Contract with Coca Cola Bottling Company of the Black Hills for a total estimated price of $4,530.25; and the contract reflect the following statement - “The City may terminate this agreement at any time during the term of this agreement upon giving the Vendor a thirty-day written notice of the City’s intent to terminate.”

86.       No. PW112801-13 – Authorize the Mayor and Finance Officer to sign the Roosevelt Ice Arena Seasonal Ice Rental Contract with the Rushmore Hockey Association.

87.       No. PW112801-14 – Approve the purchase of one new current model year compact 4x4 extended cab pickup from Beck Motors for a total purchase price of $16,249 under State Contract #13382.

88.       No. PW112801-15 – Approve the request to seek proposals for the Rapid City Ice Rink advertising contracts.

89.       No. PW112801-16 – Approve the purchase of one new current model year 3/4 Ton 4x4 extended cab pickup from Ted Tufty Dodge, Inc. for a total purchase price of $23,708 under State Contract #13386.

90.       No. 01FV001 - Deny a Fence Height Variance for petitioner Kelly Brassfield to allow a six foot high fence in the front yard setback on Lot 1 of Block 2 of Minnekahta Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 2106 Elmhurst Drive.

91.       No. 01FV002 – Approve a Fence Height Variance, with the stipulation that a four foot interior fence being constructed, for petitioners Steve and Trisha Nolan to allow a six foot high fence in the front yard on Lot 23 of the NE1/4 NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 4605 Easy Street.

92.      Continue the practice of holding the Public Works Committee and Legal & Finance Committee meetings on the Wednesday before the Council proceedings.

Legal & Finance Committee

93.       No. 01TP012 - Authorize Mayor and Finance Officer to sign Addendum to Agreement 310639 Rapid City Area 1999 Unified Planning Work Program Project Number PL 0358 (18) to extend the special studies line item 7000 to December 31, 2002.

94.       No. 01TP013 - Authorize Mayor and Finance Officer to sign Addendum to Agreement 310694 Rapid City Area 2000 Unified Planning Work Program Project Number PL 0358 (19) to extend the special studies line item 7000 to December 31, 2002.

95.       No. 01TP014 - Authorize Mayor and Finance Officer to Sign Addendum to Agreement 310734 Rapid City Area 2001 Unified Planning Work Program Project Number PL 0358 (19) to extend the special studies line item 7000 to December 31, 2002.

96.       No. 01TP015 - Authorize Mayor and Finance Officer to sign Amendment No. 4 to the Professional Agreement between the City of Rapid City and the Alliance of Architects and Engineers for the completion of the Northeast Area Analysis for a time extension only.

97.       No. 01TP016 - Approve termination of Professional Service Agreement between the City of Rapid City and Banner Associates, Inc. for mapping and graphics services for the future land use planning for study areas H, I, M & L, and authorize final payment of retainage for work completed.

98.       LF112801-01 - Authorize Staff to purchase office equipment from State Bid in the amount of $661.95 from Dakota Business Center.

99.       LF112801-02 - Approve Change Order No. 7 and Final for the Downtown Node Project, Mac Construction, for an increase in the amount of $2,985.80.

100.    LF112801-03 - Approve Change Order No. 1 for the Parking Ramp Bird Wire Project, TRM Company, for an increase in the amount of $3,718.76

101.    LF112801-04 - Authorize Mayor and Finance Officer to sign Sub-recipient Agreements for Weed and Seed Mini-grants for FY 2001-2002

102.    Accept the following property from the Ardythe Peterson Living Trust which is located in the hydraulic floodway: Lot 5 of Lot Y, Cliffside Subdivision.

103.    LF112801-05 - Authorize Mayor and Finance Officer to sign Agreement with Door Security Products for an amount not to exceed $6,000 with the funds coming from the Council Contingency Fund. This agreement is for conducting an assessment investigation, building site survey and RFP writing for the C/SAC Library, Civic Center, Public Safety Building, Water Treatment Plant, and the Main Fire Station.

104.    LF112801-06 - Approve Resolution Writing Off Credit Balance Water Billing Accounts.

105.    LF112801-07 - Approve Resolution Declaring Property Surplus.

106.    Approve the Following Licenses:  Electrical Contractor:  Barry Tolsma, Barry's Electric Service; Master Electrician:  Barry Tolsma; Electrical Apprentice:  Jeremy Ault, Darrell Barnum, Travis Daniels, Jerry Guardado, Freeman Heard, Chad Jensen, Dennis Jensen; Mechanical Installer:  Zakary Leier; Residential Contractor:  Jim Oyler Construction, Jim Oyler; Wolf Creek Ent., Inc., John W. Charlson; Second Hand:  Play It Again Sports, Jim M. Thomson; Plummer Piano & Organ, Daniel J. Senftner; Traders Corner, Brenda Dennis; Treasure Chest, Lewis G. Barnes; Trebleshooter Guitars & Jazz Supply Co., Mitchell Kimball; Zap Inc., d/b/a East North Outlet, Juan J. Paz; Security Business:  Mt. States Investigation, Inc., Roger & Karen Kierstead; Pinkerton, Inc., Donald C. Sneathen.

107.    Approve the following licenses:  Trenching Contractor:  In & Out Boring Company, LLP, Tom Pettibone; Trenching Journeyman:  Richard C. Walter.

108.    LF112801-08 - Approve Appointment of Betsy Pailing-Straten to the Mayor's Beautification Committee.

End of Consent Calendar

PLANNING DEPARTMENT CONSENT ITEMS

109.    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.

110.    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.

111.    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.

112.    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.

113.    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.

114.    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.

115.    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.

116.    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.

117.    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.

118.    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.

119.    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.

120.    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.

121.    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.

122.    No. 01PL114 - A request by Alvin Aisenbrey for a Preliminary and Final Plat on Lot 13 Revised of Block 2 of Cleghorn Canyon Subdivision No. 2, located in Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 5100 Cleghorn Canyon Road.

123.    No. 01PL116 - A request by Doug Sperlich for James Letner for a Preliminary and Final Plat on Lot 2R and Lot 3 of Debra Subdivision, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current northern terminus of Debra Drive.

124.    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.

END OF PLANNING CONSENT CALENDAR

125.    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 Pevans Parkway.

126.    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.

127.    No. 01PL115 - A request by Doug Sperlich for Orthopedic Building Partnership for a Preliminary and Final Plat on Lot 3 of Old Rodeo Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located approximately 1/4 mile south of South U.S. Highway 16 and Catron Boulevard.

PLANNING DEPARTMENT - HEARINGS

128.    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 S34d36’5”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.

129.    No. 01CA034 - A request by Jeffrey Devine for an Amendment to the Comprehensive Plan by amending the Elk Vale Neighborhood Area Future Land Plan to change the future land use designation on a 4.98 acre tract from General Commercial to Heavy Industrial on Tract B of SW1/4 SW1/4 less right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 262 Cambell Street.

130.    No. 01CA035 – Approve with stipulations an Amendment to the Major Street Plan, an element of the Comprehensive Plan for petitioner Centerline for A/R Group, including eliminating and modifying various collector roadways all located in the SW1/4 SW1/4 Section 29 and N1/2 NW1/4 Section 32 T2N, R8E, BHM, Rapid City, Pennington County, South Dakota and identifying the extension of Eglin Street, an arterial roadway located in Sections 29 and 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of proposed East Anamosa and East North Street.

131.    No. 01CA036 - A request by Centerline for A/R Group for an Amendment to the North Rapid Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan, to eliminate and modify various collector roadways all located in the SW1/4 SW1/4 Section 29 and N1/2 NW1/4 Section 32 T2N, R8E, BHM, Rapid City, Pennington County, South Dakota and identifying the extension of Eglin Street , an arterial roadway located in Sections 29 and 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of proposed East Anamosa and East North Street.

132.    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.

133.    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.

134.    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.

135.    No. 01PD050 - A request by Ozark Civil Engineering for Lowe's Companies Inc. for a Planned Commercial Development - Initial and Final Development Plan on Tract 1 of Martley Subdivision and Tract CR of the NW1/4 of the NE1/4 located in the NW1/4 of the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Haines Avenue and Mall Drive.

136.    No. 01PD052 - A request by Dream Design International, Inc. for a Planned Residential Development - Initial and Final Development Plan on S1/2 NW1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchanted Pines Drive.

137.    No. 01PD058 - A request by Dream Design International for a Planned Residential Development - Final Development Plan to allow single family housing on Lots 1, 2, 3 and 4 of Block 1 of Stoney Creek Subdivision Phase I, Section 22, 1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current western terminus of Stoney Creek Drive.

138.    No. 01PD059 - A request by Harvey Colgrove for a Planned Commercial Development - Initial and Final Development Plan on Lots 31-34 of Block 12 of Blakes Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 305 LaCrosse Street.

139.    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 S1/2 NW1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchanted Pines Drive.

140.    No. 01SV031 - A request by Alliance of Architects for American West Communities for a Variance to the Subdivision Regulations to waive the requirement for curb and gutter, dry sewer, street conduit and to allow sidewalk on one side of the street 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.

141.    No. 01SV032 - A request by Ozark Civil Engineering for Lowe's Companies for a Variance to the Subdivision Regulations on Tract 1 of Martley Subdivision and Tract CR of the NW1/4 of the NE1/4 located in the NW1/4 of the NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Haines Avenue and Mall Drive.

142.    No. 01SV033 - A request by Alvin Aisenbrey for a Variance to the Subdivision Regulations to waive the requirement for topographic information, sidewalk, curb and gutter and street lights on Lot 13 of Block 2 of Cleghorn Canyon No. 2 and a portion of Lot F-1 of Fish Hatchery Subdivision, located in the NE1/4 Sw1/4 and the NW1/4 SE1/4 of Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5100 Cleghorn Canyon Road.

143.    No. 01SV034 - A request by Doug Sperlich for James Letner for a Variance to the Subdivision Regulations to allow sidewalks on one side of the street on Lot C of Lot 2 of Outlot 2 and Lot 3R of Lot A of Replat of Lot 2 of Outlot 2 all located in Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current northern terminus of Debra Drive.

144.    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.

145.    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.

146.    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.

147.    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.

ORDINANCES & RESOLUTIONS

148.    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.

149.    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.

150.     LF103101-11 - Second Reading, Ordinance 3748. Regarding Supplemental Appropriation No. 9 for 2001.

151.    LF111401-11 - Second Reading, Ordinance 3757 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.

152.    No. 01RZ062 – Second Reading, Ordinance 3758, a request by Harvey Colgrove for a Rezoning from Medium Density Residential District to General Commercial District on Lots 31-34 of Block 12 of Blakes Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 305 LaCrosse Street.

153.    No. 01RZ063 – Second Reading, Ordinance 3759, a request by Alvin Aisenbrey for a Rezoning from No Use District to Park Forest District on Lot 13 of Block 2 of Cleghorn Canyon Subdivision No. 2, located in Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5100 Cleghorn Canyon Road.

154.    No. 01OA022 - First Reading, Ordinance 3760 entitled An Ordinance Amending Chapter 8.04.150, 12.44.090, 15.44.060, 17.04.315, 17.08.030, 17.10.030, 17.10.040, 17.12.030, 17.12.040, 17.14.030, 17.18.030, 17.18.040, 17.20.030, 17.20.040, 17.22.030, 17.24.030, 17.28.030, 17.28.040, 17.32.020, 17.40.020, 17.40.030, 17.44.040, 17.50.020, 17.50.040, 17.50.060, 17.50.100, 17.50.105, 17.50.150, 17.50.230, 17.50.350, 17.54.010, 17.54.030, 17.56.030, and 17.56.040 of the Rapid City Municipal Code Changing the Name of "Use on Review" and "Use Permitted on Review" to "Conditional Use" or "Conditional Use Permit".

155.    No. 01RZ057 – First Reading, Ordinance 3761, a request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Low Density Residential District on S1/2 NW1/4 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchanted Pines Drive.

156.    No. 01RZ064 – First Reading, Ordinance 3762, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Tract C of the SW1/4 SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of S.D. Highway 44 East, east of Cambell Street and south of U.S. Highway 16.

157.    No. 01RZ065 – First Reading, Ordinance 3763, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot 3-4 of NW1/4 SW1/4 and vacated alley less right of way, and the unplatted portion of NW1/4 SW1/4, all located in Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of S.D. Highway 44 East, east of Cambell Street and south of U.S. Highway 16.

158.    No. 01RZ066 – First Reading, Ordinance 3764, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot H1, Lot H2, Old Highway as shown on Plat of Lots 1 & 2, Lot H1 of Lots 7 & 8, Lot H1 of Lots 3,4,5, & 6, Lot H1 of Lot B of Lot 1, and Lot 2, all located in the NW1/4 SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lot H1, Lot H1 of Tract B, Lot H1 of Tract A all located in the SW1/4 SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Cambell Street right of way lying in the W1/2 SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lot H1 of Lot A, NW1/4 NW1/4 Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Cambell Street ROW lying in the NW1/4 NW1/4 Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located East of Cambell Street and North of SD Highway 44 East.

159.    No. 01RZ067 – First Reading, Ordinance 3765, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on the 30.1 foot wide Philadelphia Street right of way, approximately 724.1 feet in length, lying in the W1/2 SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located East of Cambell Street and north of S.D. Highway 44 East.

160.    No. 01RZ068 – First Reading, Ordinance 3766, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on SW1/4 SE1/4 SW1/4, and E1/2 SE1/4 SW1/4, all located in Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located North of S.D. Highway 44 East, east of Cambell Street and south of U.S. Highway 16.

161.    No. CC120301-03 – First Reading, Ordinance 3767, entitled An Ordinance Amending Chapter 12.20 of the Rapid City Municipal Code by Adding Thereto New Sections 12.20.200, 12.20.210, 12.20.220, 12.20.230, 12.20.240, 12.20.250 and 12.20.260 To Allow for Encroachment Permit in the Heavy Industrial Zoning District

LEGAL & FINANCE COMMITTEE ITEMS

162.    Approve bid award for Bus Bench Advertising to Lamar Advertising of Rapid City in the amount of $27,000.

163.    No. 120301-01 - Resolution Amending the Plan for Projects and Programs to be Funded from the Rapid City Economic Development and Civic Improvements Fund (Highway 16 Fire Station Funding in the amount of $971,463)

164.    Discussion of the Public Arts Ordinance 

PUBLIC WORKS COMMITTEE ITEMS

165.    Approve the Roosevelt Park Plan scenario that includes Parking “A”, bathhouse and outdoor pool facility.

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

 167.    Direct staff to prepare cost estimates to locate the Girls’ softball fields on either Parkview, Haines Avenue or Tyler property; and bring the estimates to the December 12 Public Works Committee meeting for review and discussion.

168.   Continue the request from Gary McKinnon for structures in the right-of-way to a special Council meeting to be held on Wednesday, December 12, 2001.

FINANCE OFFICER

BILLS

POLICE DEPARTMENT

PUBLIC WORKS DIRECTOR

169.    No. CC120301-02 - Award Bid for Golden Eagle Water Main Extension Project W01-1058

CITY ATTORNEY

LIBRARY DIRECTOR 

ADJOURN

Red Bar