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

February 17, 2003

MINUTES – Approve the minutes of February 12 and February 3, 2003.

BID OPENINGS

1.         No. CC021703-03 – Spin Type Mower Reel Sharpener and Bed Knife Grinder for Golf Course Operations (Opened on February 14, 2003)

MAYOR’S ITEMS

ALDERPERSON ITEMS/LIAISON REPORTS

SPECIAL ITEMS AND ITEMS FROM VISITORS

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings:

2.         Dan T. Ly dba The Golden Fortune, 1204 E. North Street, for an On-Sale Wine License Renewal (No Video Lottery)

Set for Hearing (March 3, 2003)

3.         Northcott Company dba Perkins Restaurant and Bakery, 1715 LaCrosse Street, for an On-Sale Malt Beverage License (New License – No Video Lottery)

4.         Northcott Company dba Perkins Restaurant and Bakery, 2305 Mt. Rushmore Road, for an On-Sale Malt Beverage License (New License – No Video Lottery)

5.         City of Rapid City dba Rapid City Public Library, 610 Quincy Street, for a Special Wine License to be used on April 12, 2003

6.         Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive, for an On-Sale Malt Beverage License Transfer (from SSDH, Inc.)

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 (None)

Public Works Committee Items

7.         No. PW021203-01 – Refer the bid award of PR02-1201, Canyon Lake Northshore Improvements Project to the Capital Improvements Committee for review and recommendation, and call a Special Council meeting on Tuesday, February 25, 2003 to award the project.

8.         No. PW021203-02 - Approve Change Order No. 03 for PR01-1051, Community Centers at South and West Middle Schools to J. Scull Construction Services for an increase of $3,907.36.

9.         No. PW021203-03 – Authorize staff to advertise for bids for SSW98-817, Canyon Lake Drive Reconstruction Project.

10.       No. PW021203-04 – Authorize staff to advertise for bids for ST03-1251, Fairmont Blvd./Mt. Rushmore Road Intersection Improvements Project.

11.       No. PW021203-05 – Authorize staff to advertise for bids for One (1) New Current Model Year Gas Powered Stump Grinder for the Parks Division.

12.       No. PW021203-06 - Authorize staff to advertise for bids for One (1) New Current Model Year Wheel Loader for the Streets Division.

13.       Authorize staff to advertise for bids for Fluoride for the Water Division.

14.       Authorize staff to advertise for bids for Liquid Chlorine for the Water Division and Swimming Pools.

15.       No. PW021203-07 – Authorize Mayor and Finance Officer to sign Amendment No. 03 to Professional Service Agreement with FMG, Inc. to Design ST01-1047, Catron Blvd. Improvement Project for an amount not to exceed $10,527.50.

16.       No. PW021203-08 – Direct staff to prepare an agreement with Dr. Bendt for the purchase of right-of-way.

17.       No. PW021203-09 – Approve an Initial Resolution Setting Time and Place for Hearing on March 17, 2003 for SS01-1052, East Catron Boulevard Sanitary Sewer Extension Project – Highway 79 to Fifth Street.

18.       No. PW021203-11 – Approve the purchase of one (1) new current model 4x4 utility vehicle from Wegner Auto Company, Inc. of Pierre under State Contract No. 13774 in the amount of $24,385 for the Public Works Department.

19.       No. PW021203-12 –  Approve Sewer Reimbursement Resolution.\

20.       Direct Council President Kroeger to appoint a Council committee to research Contracting out the Plan Review Process. (Kroeger appointed Kriebel, Kooiker and Murphy to this Committee.)

Legal & Finance Committee

21.       No. LF021203-01 - Authorize Mayor and Finance Officer to Sign Agreement with Medical Waste Transport, Inc.

22.       No. LF021203-02 - Authorize Mayor and Finance Officer to Sign Intergovernmental Agreement for Hazardous Material Emergency Assistance with the Following Entities: Custer County, Meade County, Fall River County, Butte County, Harding County, Lawrence County, and Hughes County.

23.       No. LF021203-11 - Authorize Mayor and Finance Officer to Sign Agreement for Linen Service with Servall Uniform and Linen.

24.       No. LF021203-13 - Approve 2003 Ambulance Rates as Recommended by the EMS Oversight Committee.

25.       No. LF021203-15 - Approve Change Order for Self-Contained Breathing Apparatus Equipment Contract with Metro Fire (Increase of $8,750 for Addition of Integrated Control Module on 50 Units).

26.       Authorize Fire Dept. to hire 10 additional firefighter medics plus 1 administrative secretary for the EMS system.

27.       No. LF021302-18 – Dreyer moved to Approve for public display and comment the Proposed Projects for Fiscal Year 2003 Community Development Block Grant.

28.       No. LF021203-03 - Approve Resolution Writing Off Uncollectible Accounts Receivable Accounts.

29.       Approve City License for the Rapid City Department of Fire and Emergency Service to Operate an Ambulance Service in the City of Rapid City.

30.       Authorize Staff to Seek Proposals to Lease the Restaurant at Meadowbrook Golf Course (lease to include all food and beverage sales).

31.       No. LF021203-14 - Approve Resolution Approving and Authorizing the Execution of a Lease Purchase Agreement Thereto and Related Documents and Certificates (for ambulance only).

32.       No. LF021203-05 - Authorize Mayor and Finance Officer to Sign Business Associate Agreement as Required by the Health Insurance Portability and Accountability Act of 1996.

33.       No. LF021203-07 - Authorize Mayor and Finance Officer to Sign Lease with Friendship House, Inc.

34.       No. LF021203-17 - Approve the attached list of licenses.

35.       No. LF021203-16 - Authorize Mayor, Finance Officer and Project Manager to execute Amendment #2 Award of Allocation for Historical Preservation by Rapid City, Project Number #46-02-021, in the amount of $2,500.00 for the Restoration Project of the First Baptist Church window and interior entry door.

36.       Approve recommendation of the Subsidy Committee and allocate $29,355 from the Council Contingency Fund for the Subsidy Committee; $14,677.50 to be used for Qualify of Life organizations and $14,677.50 to be used for Human Needs organizations.

37.       No. LF021203-12 - Direct the City Attorney's office to put the recommendations of the Security License Committee into ordinance form and bring that document back for introduction and first reading.

38.       No. LF021203-08 - Approve Appointment of Jim Jackson to the Sign Board of Appeals for a Three Year Term.

39.       No. LF021203-08 - Approve Appointment of Peter Neumann for a Three Year Term on the Sign Board of Appeals.

40.       No. LF021203-09 - Approve Appointment of Eric Farrar, Gene Hunter and John Lipp for a One Year Term to the Sign Contractor Board.

41.       No. LF021203-10 - Approve Appointment of Peter Neumann, Vernon Osterloo and Gary Sabers (alternate) for a Three Year Term to the Zoning Board of Adjustments.

Raffle

42.       No. CC021703-01 – Notification from Youth & Family Services to conduct a raffle from March 1, 2003, drawing to be held on April 7, 2003.

End of Consent Calendar

PUBLIC HEARING

54.       No. CC021703-02 – Resolution Levying Assessment for Miscellaneous Property Cleanup

PLANNING DEPARTMENT CONSENT ITEMS

55.       No. 02PL040 - A request by Dream Design International, Inc. for a Final Plat on Lots 1-6 of Block 1; Lot 1 of Block 2; Lots 1-20 of Block 3, Lots 1-14 of Block 4; Lot 1 of Block 5, of Eastridge Subdivision and dedicated Enchantment Road, Eastridge Drive, Sally Court, and major drainage easements located in the NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as NE1/4 NW1/4; N1/2 NE1/4 less NW1/4 NW1/4 NE1/4 and less NE1/4 NW1/4 NE1/4 and less NW1/4 NE1/4 NE1/4; NW1/4 NW1/4; SE1/4 NW1/4 less the west 460 feet of the south 990 feet and less Lot H1; SW1/4 NW1/4 less the south 990 feet, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Fifth Street.

56.       No. 02PL047 - A request by Wyss Associates, Inc. for a Layout Plat on Lots 1 thru 22, Block 1; Lots 1 thru 4, Block 2; Lot 1 thru 18, Block 3; Pine View Terrace, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 2; Tract 4 less Lot H1, Pine View Terrace, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of Southwest Middle School, 4501 Park Drive.

57.       No. 02PL051 - A request by CSU Properties, LLC for a Preliminary and Final Plat on Lot 1 of Professional Plaza Subdivision, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot RU-9A, Lots 1 thru 4 of Block 6, Lot 16 and the west 9.77 feet of Lot 15 in Block 7, and adjacent vacated 4th Street ROW and 1/2 vacated adjacent alley in Original Town of Rapid City, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the southeast corner of the intersection of 5th Street and North Street.

58.       No. 02PL080 - A request by Davis Engineering, Inc. for Robert and Donald Grimm for a Preliminary and Final Plat on Lot 4 of Grimm Addition and dedicated Creek Drive Right-of-Way all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of Tract B of Government Lot 3 in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Highway 44 and east of Cambell Street at Creek Drive.

59.       No. 02PL083 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1 thru 4, Block 1, Lots 1 thru 9, Block 2, and Outlot A and Dedicated Streets, Neff Subdivision II, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 of the SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the cul-de-sacs at the west end Sweetbriar Street and Avenue A.

60.       No. 02PL095 - A request by Doug Sperlich for 16 Plus, LLC for a Preliminary and Final Plat on Lot 3, Moon Ridge Subdivision, located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 and Tract 2 of Pioneer Subdivision, located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of U.S. Highway 16 and Moon Meadows Road.

61.       No. 02PL102 - A request by Doug Sperlich for Jeff Stone for a Final Plat on Lots 1, 2 and 3 of Block 1 of Sunset Heights Subdivision, located in the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Broadmoor Drive.

62.       No. 02PL107 - A request by Williams and Associates for Black Hills Surgery Center, LLP for a Layout, Preliminary and Final Plat on Lot 6R, Lot 32R, and Lot 33R of Block 18 of Robbinsdale Addition No. 10 located in the S1/2 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6, Lot 32 and Lot 33 of Block 18 of Robbinsdale Addition No. 10 located in the S1/2 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of 5th Street along Anamaria Drive.

63.       No. 02PL110 - A request by Dream Design International, Inc. for a Final Plat on Lots 2 thru 13 and Lots 16 thru 24, Block 8 of Northbrook Village Subdivision, located in the SE1/4 SE1/4 of Section 13, T2N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted portion of the SE1/4 SE1/4 of Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located northwest of the intersection of Country Road and Nike Road.

64.       No. 02PL114 - A request by Dream Design International Inc. for a Preliminary and Final Plat on Lots 7 thru 10, Block 14 and Outlot LS and dedicated streets of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates and less right-of-way located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Birkdale Road off Muirfield Drive.

65.       No. 02PL115 - A request by Ferber Engineering Company for a Preliminary and Final Plat on Lots 7R and 8R 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, legally described as 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 northeast of the intersection of Ireland Place and Dublin Court.

66.       No. 02PL119 - A request by Kevin Conway for Norman or Rod McKie for a Preliminary and Final Plat on Lots 1 and 2 of Five Star Subdivision and dedicated public right-of-way shown as Disk Drive located in the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 8 of Lot M1 of the S1/2 NW1/4, Lots A and B of Lot 1 of Lot M1 of the S1/2 NW1/4, Tract 4-B of Parcel 4 of SE1/4 NW1/4, and a portion of vacated Howard Street right-of-way located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Interstate 90.

67.       No. 02PL122 - A request by Dennis Dressen for a Layout Plat on Lot 2A and Lot 2B, Block 1, Irene Estes Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2, Block 1, Irene Estes Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 6015 Nameless Cave Road.

68.       No. 02PL123 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 7, Block 2; Lots 1 thru 3, Block 3; and dedicated streets, all located in Tower Ridge 2 Subdivision, Section 23, T1N, R7E, BHM, Pennington Count, South Dakota, legally described as the unplatted portion of the SW1/4 of SW1/4 and a portion of SE1/4 of SW1/4, NW1/4 of SW1/4, and NE1/4 of SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Highway 16 and 1/4 mile north of Catron Boulevard.

69.       No. 02PL125 - A request by Renner & Sperlich Engineering for Dennis Zandstra for a Layout, Preliminary and Final Plat on Lots 6R, 7R, 8R, 9 and 10 of Block 10 of Elks Country Estates, located in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 6, 7 and 8 of Block 10 of Elks Country Estates, and a portion of Tract 1 of the E1/2 of Section 16 located in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Willowbend Road between Winged Foot Court and Padre Drive.

70.       No. 02PL127 - A request by Precision Surveying for Bill Marx for a Layout Plat on Lots A and B in Block B of Canyon Lake Heights Subdivision, located in the NW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 and the north 40 feet of Lot 3 in Block B of Canyon Lake Heights Subdivision, located in the NW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4730 Cliff Drive.

71.       No. 02PL129 - A request by Dream Design International, Inc. for a Layout Plat on Lots B1, B2 and B3, MJK Subdivision, located in the NW1/4 of the SE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the balance of Parcel B MJK Subdivision less the Meadows Subdivision and less right-of-way, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Preakness Street between Field View Drive and the Truck Bypass.

72.       No. 03PL001 - A request by Dream Design International for a Preliminary and Final Plat on Lots A, B, and C, Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4 Section 8 and the SW1/4 of Section 9; all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3, Block 15, of Canyon Lake Heights Subdivision located in the SE1/4 SE1/4 Section 8 and the SW1/4 of Section 9; all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Cliff Drive and Miracle Place.

73.       No. 03PL002 - A request by Centerline, Inc. for Larry Lewis and Kenneth Kirkeby for a Preliminary and Final Plat on Parcel A of Tract SB of Springbrook Acres Addition, Tract SB Revised of Springbrook Acres Addition, and Lot 19R3 of Fairway Hill PRD located in the SW1/4 NE1/4, NW1/4 SE1/4, and SE1/4 NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 19R2 of Fairway Hills Planned Residential Development and all of Tract SB of Springbrook Acres located in the SW1/4 NE1/4, NW1/4 SE1/4 and SE1/4 NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Fairway Hills and Sandstone Ridge Subdivision.

74.       No. 03PL004 - A request by FMG, Inc. for Williston Basin Interstate Pipeline Co. for a Preliminary and Final Plat on the dedicated public right-of-way shown as Disk Drive formerly a portion of Parcel No. 5 located in the NE1/4 of NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Interstate 90.

END OF PLANNING CONSENT CALENDAR

75.       No. 02PL037 - A request by Dream Design International, Inc. for a Final Plat on Lots 1-19 Block 1, Lots 1-37 Block 2, Lots 1-52 Block 3, Lots 1-38 Block 4, Lots 1-37 Block 5, Tract A, Tract B of Auburn Hills Subdivision, and dedicated streets, being a replat of the SW1/4 NW1/4 and NW1/4 SW1/4, and Lot 6A and 6B of the Madison Subdivision, being a replat of Lot 6 of the Madison Subdivision, all in Section 13, T2N, R7E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the SW1/4 NW1/4, less Haines Avenue Right-of-Way and NW1/4 SW1/4 of Section 13, T2N, R7E, BHM, Pennington County, South Dakota; and Lot 6 of Madison Subdivision, in the City of Rapid City, as shown on the Final Plat recorded in Book 12 of Plats on Page 106, Pennington County Register of Deeds, located west of Haines Avenue.

76.       No. 02PL070 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lot 2 Block 7, Lots 8 through 16 Block 8, and Lots 1 through 7 Block 9, Lot 1 Block 10, Meadows Subdivision, located in the SE1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County South Dakota, legally described as Tract 1 of Parcel C of MJK Subdivision located in the E1/4 of The SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along the future extension of Field View Drive west of the Dakota Ridge Subdivision.

77.       No. 03PL003 - A request by Gary and Donna Kluthe for a Layout Plat on Lots A and Lot B of Two Cow Subdivision, Section 36, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, legally described as SE1/4 NE1/4 and the NE1/4 NE1/4 lying south of County Road #C228 (Sheridan Lake Road) and Lot W all located in Section 36, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at 9425 Sheridan Lake Road.

PLANNING DEPARTMENT - HEARINGS

78.       No. 02SV042 - A request by Dream Design International Inc. for a Variance to the Subdivision Regulations to waive the requirements to install sidewalks and curb and gutter as per Section 16.16 of the Subdivision Regulations on a parcel of land located in the W1/2 NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described by metes and bounds as: Beginning at the northwest corner of Lot 6, Block 14 of Red Rock Estates as recorded in the Pennington County Register off Deeds Office in Book 30, Page 155; thence N03º44'30"W 140.25 feet; thence N08º38'28"E 143.92 Feet; thence N11º40'26"E 155.33 Feet; thence N21º22'17"E 120.00 Feet; thence S68º37'43"E 160.00 feet; thence N21º22'17"E 632.95 feet; thence N68º45'17"W 12.50 feet; thence N21º22'17"E 24.00 feet; thence S68º45'17"E 8.37 feet; thence N21º22'31"E 32.50 feet; thence S68º45'17"E 20.00 feet; thence S21º22'31"W 32.50 feet; thence S68º45'17"E 45.63 feet; thence S21º22'17"W 24.00 feet; thence N68º45'17"W 12.50 feet; thence S21º22'17"W 124.33 feet; thence N90º00'00"E 96.61 feet; Thence S00º00'00"E 116.52 feet; thence S90º00'00"W 142.20 feet; thence S21º22'17"W 129.24 feet; thence S23º37'43"E 14.14 feet; thence S68º37'43"E 30.17 feet; thence S21º22'17"W 40.00 feet; thence N68º37'43"W 30.17 feet; thence S66º22'17"W 14.14 feet; thence S21º22'17"W 314.36 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius 125.50 feet and whose delta is 12º43'49", an arc length of 27.88 feet to a point tangency; thence S08º38'28"W 175.86 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius 125.50 feet and whose delta is 34º44'55", an arc length of 76.11 feet to a point of reversed curvature; thence southerly along the arc of said reversed curve to the right whose radius 174.50 feet and whose delta is 31º36'04", an arc length of 96.24 feet to a point of tangency; thence S05º29'36"W 86.04 feet; thence S41º39'58"E 13.64 feet to a point lying on a curve concave to the south and whose chord bears N84º30'24"W, 69.00 feet; thence westerly along the arc of said curve to the left whose radius 438.00 feet and whose delta is 09º02'07", an arc length of 69.07 feet to a point on said curve; thence N48º34'56"E 14.64 feet; thence N05º29'36"E 84.62 feet to a point of curvature; thence northerly along the arc of said curve to the left whose radius 125.50 feet and whose delta is 11º47'37", an arc length of 25.83 feet to a point on said curve; thence S83º41'59"W 185.45 feet to the Point of Beginning, legally described as the unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates and less right-of-way located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Birkdale Road off Muirfield Drive.

79.       No. 02SV044 - A request by Doug Sperlich for 16 Plus, LLP for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water and paving and to dedicate right of way for the collector road as shown on the Major Street Plan, to waive the requirement to install curb, gutter, sidewalks and street light conduit on U.S. Highway 16 and to waive the requirement to install sidewalk and street light conduit on Moon Meadows Drive as per Section 16.16 of the Rapid City Municipal Code on Lots 2 thru 4, Moon Ridge Subdivision, located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 and Tract 2 of Pioneer Subdivision, located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of U.S. Highway 16 and Moon Meadows Road.

80.       No. 03SV001 - A request by Dream Design International for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalks and water along Cliff Drive and Miracle Place as per Chapter 16.16 of the Subdivision Regulations on Lots A, B, and C, Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4 Section 8 and the SW1/4 of Section 9; all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3, Block 15, of Canyon Lake Heights Subdivision located in the SE1/4 SE1/4 Section 8 and the SW1/4 of Section 9; all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Cliff Drive and Miracle Place.

81.       No. 03SV002 - A request by Thomas A. Casey for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement as per Chapter 16.16 of the Subdivision Regulations on Revised Lot 5A and Revised Lot 23, Laurel Heights Subdivision, Section 26, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 5A and Lot 23 less Lot A, Laurel Heights Subdivision, Section 26, T2N, R7E, BHM, Pennington County, South Dakota, located at 1249 Pine Cone Lane.

82.       No. 03SV003 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install water and sewer along portions of Promise Road and U.S. Highway 16 and to allow sidewalks along one side of a portion of Promise Road as per Chapter 16.16 of the Subdivision Regulations on Lots 1 thru 7, Block 2; Lots 1 thru 3, Block 3; and dedicated streets, all located in Tower Ridge #2 Subdivision, Section 23, T1N, R7E, BHM, Pennington Count, South Dakota, legally described as the unplatted portion of the SW1/4 of SW1/4 and a portion of SE1/4 of SW1/4, NW1/4 of SW1/4, and NE1/4 of SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Highway 16 and 1/4 mile north of Catron Boulevard.

83.       No. 03SV004 - A request by Gary and Donna Kluthe for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Subdivision Regulations on Lots A and Lot B of Two Cow Subdivision, Section 36, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, legally described as SE1/4 NE1/4 and the NE1/4 NE1/4 lying south of County Road #C228 (Sheridan Lake Road) and Lot W all located in Section 36, T1N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at 9425 Sheridan Lake Road.

84.       No. 03SV005 - A request by Centerline for Larry Lewis and Kenneth Kirkeby for a Variance to the Subdivision Regulations to waive all street improvements as per Chapter 16.16 of the Subdivision Regulations on Parcel A of Tract SB of Springbrook Acres Addition, Tract SB Revised of Springbrook Acres Addition, and Lot 19R3 of Fairway Hill PRD located in the SW1/4 NE1/4, NW1/4 SE1/4, and SE1/4 NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of Tract SB of Springbrook Acres Addition and all of Lot 19R2 of Fairway Hills PRD located in the SW1/4 NE1/4, NW1/4 SE1/4 and SE1/4 NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Fairway Hills and Sandstone Ridge Subdivision.

ORDINANCES & RESOLUTIONS

85.       No. 02VR005 - A request by Doug Sperlich for Jeff Stone for a Vacation of Right-of-Way on Lots 1, 2 and 3 of Block 1 of Sunset Heights Subdivision, located in the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Broadmoor Drive.

86.       No. 02RZ065 – Second Reading, Ordinance 3884, a request by Dream Design International Inc. for a Rezoning from General Agriculture District to Low Density Residential District on a parcel of land located in the W1/2 NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; being more particularly described by metes and bounds as follows: Beginning at the northwest corner of Lot 6, Block 14 of Red Rock Estates as recorded in the Pennington County Register of Deeds Office in Book 30, Page 155; Thence N03º44'30"W 140.25 feet; thence N08º38'28"E 143.92 feet; thence N11º40'26"E 155.33 feet; thence N21º22'17"E 120.00 feet; thence S68º37'43"E 160.00 feet; thence S21º22'17"W 120.00 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius is 174.50 feet and whose delta is 12º43'49", an arc length of 38.77 feet to a point of tangency; thence S08º38'28"W 175.86 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius is 174.50 feet and whose delta is 34º44'55", and arc length of 105.83 feet to a point of reversed curvature; thence southerly along the arc of said curve to the right whose radius is 125.50 feet and whose delta is 19º48'27", an arc length of 43.39 feet to a point on said curve; thence S83º41'59"W 185.45 feet to the Point Of Beginning; in the SE1/4 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Birkdale Road off Muirfield Drive.

87.       No. LF012903-14 - Second Reading, Ordinance 3907 entitled An Ordinance Amending Section 9.28.050 of Chapter 9.28 of the Rapid City Municipal Code to Allow Discharge of Firearms in the General Agricultural Zoning District.

88.       No. LF012903-15 - Second Reading, Ordinance 3908, entitled An Ordinance Amending Section 15.40.090 of Chapter 15.40 of the Rapid City Municipal Code to Allow Electrified Fences in the General Agricultural Zoning District.

89.       No. CC020303-08 – Second Reading, Ordinance 3910, entitled An Ordinance Amending Chapter 5.16 of the Rapid City Municipal Code Relating to Ambulance Services by Amending Sections 5.16.020, 5.16.030, 5.16.040, 5.16.050, 5.16.060, 5.16.100, 5.16.190, and Deleting Sections 5.16.070, 5.16.080, 5.16.130, 5.16.140, 5.16.150, 5.16.160, 5.16.170, 5.16.200, 5.16.210, 5.16.220, 5.16.230, 5.16.240 and 5.16.250 Concerning Licensing Requirements and Standards for Ambulances.

90.       No. 03RZ003 – Second Reading, Ordinance 3911, a request by J. Scull Construction Service for Jim Scull, Jr. for a Rezoning from Medium Density Residential District and Office Commercial District to General Commercial District on Lot 10A, Block 1, Owen Mann Subdivision; and Lots 12 thru 16 less Lot H-2 and H-3, Block 1, Owen Mann Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Federal Avenue along Kinney Avenue.

91.       No. 03RZ004 – First Reading, Ordinance 3914, a request by Deb-N-Hads Investments, LLC for Hadcock Construction, Inc. for a Rezoning from High Density Residential District to Office Commercial District on Lot N less the south three feet of Block 116, Original Town Rapid City, Section 1, T1N, R7E, BHM, Rapid City, South Dakota, located at 429 Quincy Street.

92.       No. 03RZ005 - First Reading, Ordinance 3915, a request by J. Scull Construction Service for Jim Scull, Jr. for a Rezoning from Office Commercial District to General Commercial District on Lot 13 less Lot H-2 and H-3, Block 1, Owen Mann Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Federal Avenue along Kinney Avenue.

93.       No. 03TI001 - A request by Dream Design International, Inc. for a Resolution Creating Tax Increment District #38 on a parcel of land located in part of the NE1/4 SW1/4 and S1/2 SW1/4 of Section 27, and all of the N1/2 NW1/4 of Section 34, all in T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as follows: Beginning at the center north 1/16 corner of said Section 34, a pin and cap stamped Arleth and Assoc., RLS 3977, this being the point of beginning; thence N89º52'24"W along the south line of said N1/2 NW1/4, 2526.27 feet to a point lying on the easterly right-of-way line of Elk Vale Road; thence N00º01'02"W along said easterly right-of-way line, 1501.22 feet to a point lying on the southerly railroad right-of-way line, said point is lying on a curve concave to the northwest and whose chord bears N71º31'11"E, 767.24 feet, thence northeasterly along said southerly railroad right-of-way line the following four courses; thence continuing along the arc of said curve to the left whose radius is 5829.58 feet and having a central angle of 07º32'46", an arc length of 767.79 feet to a point on said curve; thence N22º15'13"W, 50.00 feet to a point lying on a curve concave to the northwest and whose chord bears N60º03'38"E, 1545.97 feet, thence continuing along the arc of said curve to the left whose radius is 5779.58 feet and having a central angle of 15º22'19", an arc length of 1550.61 feet to a point of tangency; thence N52º22'28"E, 208.14 feet; thence departing said southerly railroad right-of-way line, S89º40'45"E, 319.90 feet; thence S00º14'20"W, 1374.57 feet to the northeast corner of said N1/2 NW1/4; thence S00º01'50"W along the easterly line of said N1/2 NW1/4, 1318.56 feet to the point of beginning; and, Lot 1 and 2 of Tract F of W-Y Addition in the SW1/4SW1/4 of Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H5 and Lot H6 in the SW1/4 of Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H9 in that part of the S1/2SW1/4 of Section 27 lying south of the relocation of the Chicago and Northwestern Transportation Company right-of-way in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located south of Lot H9 in the S1/2SW1/4 of Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, all of the S1/2SE1/4 of Section 28 less Lot E of S1/2SE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3, H4, H5, H6, & H7 located in the NE1/4SE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the existing US Highway 14 & 16 right-of-way prior to 1935 located in the N1/2SE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H3 of the SW1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 in the NW1/4NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 in the SW1/4NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H-1 in the W1/2SW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the N1/2W1/2SW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota as recorded in Highway Book 9 page 125; and, Lot H3 in the S1/2SW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located north of Lots H1 & H2 in the NW1/4NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located south Lot H1 in the W1/2SW1/4 and Lot H3 in the S1/2 SW1/4 all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 & Lot H2 in the E1/2NE1/4 of Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the E1/2SE1/4 of Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in the SE1/4 of Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located north of Lots H1 & H2 in the E1/2NE1/4 of Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way south of Lot H1 in the SE1/4 of Section 33 and south of Lot H2 in the E1/2SE1/4 of Section 33, all located in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 66 foot Section line right-of-way located between Sections 33 & 34 in T2N, R8E, BHM, Pennington County, South Dakota; and, Lot H2 in the N1/2 of Government Lot 4  & Lot H3 in  the S1/2 of Government Lot 4, located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H-1 in the NW1/4NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the W1/2SW1/4NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lot H1 in the SW1/4NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the 33 foot section line right-of-way located north of Lot H2 in the N1/2 of Government Lot 4 of Section 3 and Lot H1 in the NW1/4NW1/4 of Section 3, all located in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in the NE1/4 of Section 4 and Lot H2 in Government Lot 1 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located north of Lot H1 in the NE1/4 of Section 4 and Lot H2 in Government Lot 1 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, 66 foot section line right-of-way located between Section 4 and Section 3 all located in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 30 foot dedicated right-of-way lying adjacent to Lot A of Lot 1R of Rushmore Regional Industrial Park, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the intersection of Eglin Street and Elk Vale Road.

94.       No. 03TI002 - A request by Dream Design International, Inc. for Tax Increment District #38 - Project Plan on a parcel of land located in part of the NE1/4 SW1/4 and S1/2 SW1/4 of Section 27, and all of the N1/2 NW1/4 of Section 34, all in T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as follows: Beginning at the center north 1/16 corner of said Section 34, a pin and cap stamped Arleth and Assoc., RLS 3977, this being the point of beginning; thence N89º52'24"W along the south line of said N1/2 NW1/4, 2526.27 feet to a point lying on the easterly right-of-way line of Elk Vale Road; thence N00º01'02"W along said easterly right-of-way line, 1501.22 feet to a point lying on the southerly railroad right-of-way line, said point is lying on a curve concave to the northwest and whose chord bears N71º31'11"E, 767.24 feet, thence northeasterly along said southerly railroad right-of-way line the following four courses; thence continuing along the arc of said curve to the left whose radius is 5829.58 feet and having a central angle of 07º32'46", an arc length of 767.79 feet to a point on said curve; thence N22º15'13"W, 50.00 feet to a point lying on a curve concave to the northwest and whose chord bears N60º03'38"E, 1545.97 feet, thence continuing along the arc of said curve to the left whose radius is 5779.58 feet and having a central angle of 15º22'19", an arc length of 1550.61 feet to a point of tangency; thence N52º22'28"E, 208.14 feet; thence departing said southerly railroad right-of-way line, S89º40'45"E, 319.90 feet; thence S00º14'20"W, 1374.57 feet to the northeast corner of said N1/2 NW1/4; thence S00º01'50"W along the easterly line of said N1/2 NW1/4, 1318.56 feet to the point of beginning; and, Lot 1 and 2 of Tract F of W-Y Addition in the SW1/4SW1/4 of Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H5 and Lot H6 in the SW1/4 of Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H9 in that part of the S1/2SW1/4 of Section 27 lying south of the relocation of the Chicago and Northwestern Transportation Company right-of-way in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located south of Lot H9 in the S1/2SW1/4 of Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, all of the S1/2SE1/4 of Section 28 less Lot E of S1/2SE1/4, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3, H4, H5, H6, & H7 located in the NE1/4SE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the existing US Highway 14 & 16 right-of-way prior to 1935 located in the N1/2SE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H3 of the SW1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 in the NW1/4NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 in the SW1/4NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H-1 in the W1/2SW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the N1/2W1/2SW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota as recorded in Highway Book 9 page 125; and, Lot H3 in the S1/2SW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located north of Lots H1 & H2 in the NW1/4NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located south Lot H1 in the W1/2SW1/4 and Lot H3 in the S1/2 SW1/4 all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 & Lot H2 in the E1/2NE1/4 of Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the E1/2SE1/4 of Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in the SE1/4 of Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located north of Lots H1 & H2 in the E1/2NE1/4 of Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way south of Lot H1 in the SE1/4 of Section 33 and south of Lot H2 in the E1/2SE1/4 of Section 33, all located in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 66 foot Section line right-of-way located between Sections 33 & 34 in T2N, R8E, BHM, Pennington County, South Dakota; and, Lot H2 in the N1/2 of Government Lot 4 & Lot H3 in  the S1/2 of Government Lot 4, located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H-1 in the NW1/4NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the W1/2SW1/4NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lot H1 in the SW1/4NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the 33 foot section line right-of-way located north of Lot H2 in the N1/2 of Government Lot 4 of Section 3 and Lot H1 in the NW1/4NW1/4 of Section 3, all located in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in the NE1/4 of Section 4 and Lot H2 in Government Lot 1 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 33 foot section line right-of-way located north of Lot H1 in the NE1/4 of Section 4 and Lot H2 in Government Lot 1 of Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, 66 foot section line right-of-way located between Section 4 and Section 3 all located in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 30 foot dedicated right-of-way lying adjacent to Lot A of Lot 1R of Rushmore Regional Industrial Park, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the intersection of Eglin Street and Elk Vale Road.

LEGAL & FINANCE COMMITTEE ITEMS

95.      Change in Procedure to Allow Staff to Sign Short Notice, Recurring Contracts/Agreements.

96.       Direct the City Attorney's office to read the language on the referred ordinance for the ballot into the record at the February 17, 2003, Council meeting.

PUBLIC WORKS COMMITTEE ITEMS

FINANCE OFFICER

BILLS

POLICE DEPARTMENT

PUBLIC WORKS DIRECTOR

CITY ATTORNEY

DEVELOPMENT APPEALS AND REVIEW BOARD

ADDENDUM

ADJOURN