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

April 21, 2003 

MINUTES – Approve the minutes of April 10 and April 7, 2003.

BID OPENINGS

1.         No. CC042103-01 – Park Drive Reconstruction Project ST03-1030 (Opened on April 17, 2003)

2.         No. CC042103-01 – Cathedral Drive Pedestrian Signals Project ST03-1252 (Opened on April 17, 2003)

3.         No. CC042103-01- Roadway Marking Contract Project PM03-1304 (Opened on April 17, 2003)

4.         No. CC042103-01 – Field FT-IR Spectrometer for the Rapid City Department of Fire and Emergency Services (Opened at 2:30 P.M.)

5.         No. CC042103-01 – Audio/Video and Integrated Systems Replacement Project for the Council Chambers (Opened on April 17, 2003)

BID AWARD

6.         No. CC040703-01 – Fire Station No. 3, Rapid City, South Dakota, Project Number FD03-1266 (Opened on April 3, 2003)

MAYOR’S ITEMS

ALDERPERSON ITEMS/LIAISON REPORTS

SPECIAL ITEMS AND ITEMS FROM VISITORS

6A.    Video Adventures (Helen Pich) - Minor Plat on Haines Avenue between Lindbergh and Curtis Street

Set for Hearing (May 5, 2003)

7.         United Downtown Association, Special Malt Beverage License to be used on June 20, 2003, on 6th Street between Rapid Street and Main Street

8.         Jim Didier dba Jefferson Bar (Hotel Alex Johnson), 523 6th Street, for an On-Sale Liquor License Transfer (from Sherri Ashley)

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings:

9.         No. 03UR001 - An Appeal of the Planning Commission's denial of a Conditional Use Permit to allow an On-Sale Liquor Establishment on Lot 11R of Lot K-3 of Marshall Heights Tract, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1715 North LaCrosse Street.

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

11.       Black Hills Heritage Festival, Inc. for a Special Malt Beverage License to be used in Memorial Park on July 3, 4 and 5, 2003

12.       Recommendation to the SD Department of Revenue for revocation of On-Sale Liquor License No. 5871 held by Sheri Ashley dba Uptown Grill, 615 Main Street

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

13.       No. PW041503-01 – Approve Change Order No. 03F for GC00-1016, Meadowbrook Golf Course Clubhouse Project to RCS Construction for a decrease of $1,829.04.

14.       No. PW041503-02 - Authorize staff to advertise for bids for Transportation Natural Gas for City of Rapid City/Rapid City Area Schools.

15.       Authorize staff to advertise for bids for Floor Mats and Dust Mop Service for Various City Departments.

16.       No. PW041503-03 - Authorize staff to advertise for bids for PR03-1265, Black Hills Polo & Soccer Grounds Parking and Sidewalk Project.

17.       No. PW041503-04 - Authorize staff to advertise for bids for PR03-1293, Parkview Softball Complex Phase 3 Project.

18.       No. PW041503-05 – Authorize staff to advertise for bids for STCM03-1294, Sheridan Lake Road Joint Seal and Panel Replacement Project.

19.       No. PW041503-06 – Authorize staff to advertise for bids for STCM03-1296, 2003 Joint Sealing Project.

20.       No. PW041503-08 - Authorize Mayor and Finance Officer to Sign Black Hills Power, Inc. Right-Of-Way Permit -- OH/UG Corporation for Lot C of the SE1/4NW1/4, Section 25 T2N, R7E, Pennington County, BHM, South Dakota (Disk Drive Street).

21.       No. PW041503-09 - Authorize Mayor and Finance Officer to Sign Permanent Utility Easement Agreement with H. L. Shelton in association with W00-947, Sheridan Lake Road and Sunset Vista Water Main Extension Project.

22.       No. PW041503-10 - Authorize Mayor and Finance Officer to Sign Permanent Utility Easement Agreement with Patrick Tlustos in association with W00-947, Sheridan Lake Road and Sunset Vista Water Main Extension Project.

23.       No. PW041503-11Authorize Mayor and Finance Officer to Sign Amendment to extend contract to April 2006 with Lighting Maintenance Company for ST01-1148, Street Light Maintenance Contract Agreement.

24.       No. PW041503-12Authorize Mayor and Finance Officer to Sign Professional Service Agreement with Alliance of Architects and Engineers and HDR Engineering, Inc. to Design and provide Construction Services for W03-1184, Red Rock Water Storage Reservoir Project and an amount not to exceed $275,100.

25.       No. PW041503-15 - Approve Policy Statement No. 2-03, Engineer’s Estimates and Inspection Fees for Private Developments.

26.       No. PW041503-19 – Approve Policy Statement No. 1-03, Gas, Electric and Telephone Distribution Plan for New Subdivision.

27.       No. PW041503-16 – Authorize staff to prepare a resolution imposing Supplemental Tap Fees for Property Benefiting by Dyess Avenue Water Main Extension Project W99-845.

28.       Authorize the reallocation of $475,000 from the Infrastructure Development Partnership Fund (IDPF) for construction of the Dyess Avenue Water Main Extension Project W99-845, with the balance of project costs to be funded from the Water Enterprise Fund; and refunding the allocated funds from the tap fees.

29.       No. PW041503-17 - Approve the purchase of one (1) new current model ¾ ton, 4x4 pickup from Lamb Motors of Onida under State Contract No. 13769 in the amount of $18,268 for the Solid Waste Division.

30.       Approve a request by Jim Raysor, South Dakota Department of Corrections to use City property for a minimum security housing facility; and direct the City Attorney’s Office to prepare a lease agreement to be presented at the April 30, 2003 Legal & Finance Committee meeting.

31.       Approve a Variance for sidewalk and curb along parking lot and public right-of-way at 2209 West Omaha Street (United Blood Services).

32.       No. PW041503-18 – Approve Rapid City Community Development Corp. Impact Fee Waiver for Northbrook Village, Block 8, Lot 27 (117 Bengal Drive).

33.       Approve Black Hills Area Habitat for Humanity Impact Fee Waiver for Dakota Subdivision No. 1, Lot 11 (521 Crazy Horse Street

34.       No. 03RD003 – Approve a Resolution for a Road Name Change for petitioner Dream Design International, Inc. to change Viking Drive to Titan Drive on Lot 16, Block 2, Lot 6, Block 3, Lots 1 and 14, Block 8, of Northbrook Village Subdivision, located in the SE1/4 of the SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Country Road and west of Nike Road.

Legal & Finance Committee

35.       No. LF041603-01 - Approve Travel Request for Police Department Command Staff Meeting April 24-25, 2003, in Deadwood, SD.

36.       No. LF041603-02 - Authorize Mayor and Finance Officer to Sign Memorandum of Understanding for Extended Test Period for Modified Work Schedule.

37.       Authorize Mayor and Finance Officer to Sign Paramedic Intercept Contracts with Bennett County and Philip, SD.

38.       No. 03TI003 - Approve request by Charles Barker for A/R Group for a Resolution Creating Tax Increment District #39 on Tract 1 of Century “21” Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H2 of Lot 3 & Lot H3 of Lot 3 all of the SW1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3 and H4 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the S1/2NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H7 of the S1/2NW1/4 located south and east of the highway excepting therefrom Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H8 and the balance of Lot H5 all located in the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Tract A of the SE1/4NW1/4 and SW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 of the NE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the N1/2NE1/4 as recorded on Plat of Lot H1 of the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the NW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot “Z” showing a tract of land to be abandoned in a portion of Lot H3 in the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H3 in the N1/2NE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located east of Century Road, north and west of E. North Street and south of the railroad right-of-way and I-90 Exit 60.

39.       No. 03TI004 - Approve request by Charles Barker for A/R Group for a Tax Increment District #39 - Project Plan on Tract 1 of Century “21” Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H2 of Lot 3 & Lot H3 of Lot 3 all of the SW1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3 and H4 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the S1/2NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H7 of the S1/2NW1/4 located south and east of the highway excepting therefrom Lot A of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H8 and the balance of Lot H5 all located in the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of Tract A of the SE1/4NW1/4 and SW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 and Lot H2 of the NE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the N1/2NE1/4 as recorded on Plat of Lot H1 of the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the NW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot “Z” showing a tract of land to be abandoned in a portion of Lot H3 in the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H3 in the N1/2NE1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Century Road, north and west of E. North Street and south of the railroad right-of-way and I-90 Exit 60.

40.       Approve procedure of sending future Waivers of Right to Protest directly to the Council agenda without going through committee first.

41.       No. LF041603-05 – Authorize the Mayor and Finance Office to sign a Waiver of Right to Protest a Future Assessment for street improvements.

42.       No. LF041603-06 – Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements – Moon Ridge Subdivision.

43.       No. LF041603-07 – Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements – Canyon Lake Heights Subdivision.

44.       No. LF041603-08 – Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements – Big Sky Subdivision.

45.       No. LF041603-09 – Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements – Springbrook Acres Addition.

46.       No. LF041603-10 – Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment of Street Improvements – Forest Park Estates Subdivision.

47.       No. LF041603-24 – Allocate up to $10,000 from the 2003 CIP Contingency Fund for Partial Funding to Replace the Air Conditioning Unit at the Rapid City Public Library.

48.       Authorize Finance Office to Establish a Separate Bank Account to Hold Educational and Governmental (EG) Funds.

49.       Approve transfer of $10,000 from Council Contingency to the EG Account.

50.       No. LF041603-11 – Authorize Finance Office to Request $5,000 from TCI Cable Vision for the EG Account as per Ordinance No. 3267.

51.       No. LF041603-12 – Authorize Finance Officer to Request $5,000 from Black Hills FiberCom for the EG Account as per Ordinance No. 3458.

52.       No. LF041603-13 – Authorize Expenditure of $800 from EG Account for Two New VCR’s and Two Interface Units and Transfer Units to Support the Government Access Cable Television.

53.       No. LF041603-14 - Award Restaurant Lease for City Golf Courses to Dick and Waneta Ragels.

54.       Approve all Future Waivers, Negotiations and Reductions in Impact Fees Being Approved by the City Council With a Special Exception that Would Allow the Public Works Director and/or the City Attorney to Make an Exception on the Spot with the Knowledge that the Individual that is Asking for that Request has to Realize that it Must be Submitted to the City Council at their Next Scheduled Meeting for Final Approval; and that it is Temporary Until Approved by the City Council.

55.       No. LF041603-15 – Approve Resolution to Amend the City of Rapid City Healthcare Benefit Plan (Plan Amendment No. 20).

56.       Direct that the unleased spaces of the City parking lots at Fifth and St. Joseph Street and next to the Stockgrowers building be utilized by County employees who work at the courthouse complex during the construction phase.

57.       No. LF041603-17 – Direct the City Attorney’s Office to submit the following question now to the Attorney General’s office for an opinion: “Does SDCL 9-14-23 provide an exception to 9-14-13 relating to the City Attorney’s office”, and to bring the remainder of the questions for review at the Informational Meeting scheduled for April 23, 2003.

58.       No. LF041603-18 – Authorize Mayor and Finance Officer to Sign Development Agreement with Heartland Retail, LLC for Tax Increment District No. 38.

59.       Approve the Following Licenses:  Pawn Shop:  First Security Pawn, Shawn Sheridan Tobin; Second Hand:  First Security Pawn, Shawn Sheridan Tobin; Precious Metals & Gems:  First Security Pawn, Shawn Sheridan Tobin.

60.       No. LF041603-20 - County Commissioners – Deny Request from the Pennington County Board of Commissioners for Waiver of Two Hour Parking Restrictions and the Parking Meter Requirement on St. Joseph Street between 1st and 5th Street.

61.       No. LF041603-21 - Historic Preservation – Authorize Mayor and Finance Officer to Sign Amendment #3 to State of South Dakota Historical Preservation Allocation Award between State Historical Preservation Office, Office of History and Rapid City Historic Preservation Commission Project 46-02-021 for a No Cost Time Extension to July 31, 2003.

62.       No. LF041603-22 - Approve Request from the Black Hills Figure Skating Club to Use Roosevelt Park Ice Arena’s Parking Lot for One Day Yard Sale on May 3, 2003.

63.       No. LF041603-23 - Approve Appointment of Rob Schlimgen to Serve as Alternate on the Zoning Board of Adjustments for a Three Year Term (Expires on December 31, 2005).

64.       Approve Rate Structure for Director of Golf and Assistants - $50 Per Hour for Director of Golf and $45 for Assistant Professionals.

65.       No. LF041603-25 – Authorize Mayor and Finance Officer to Sign Contract with Rapid City Window and Glass in the Amount of $1,581.

66.       No. LF041603-26 – Authorize Mayor and Finance Officer to Sign Contract with J & J Asphalt in the Amount of $5,156.64 for Construction Removal and Addition of Curb in Front of Meadowbrook Club House.

End of Consent Calendar

PUBLIC HEARING

67.       No. CC042103-02 - Resolution Levying Assessment for Miscellaneous Property Cleanup

PLANNING DEPARTMENT CONSENT ITEMS

68.       No. 02PL029 - A request by Davis Engineering for a Preliminary and Final Plat on Tract A of Murphy Ranch Estates Subdivision of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located in the southeast of the intersection of Reservoir Road and Longview Drive.

69.       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.

70.       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.

71.       No. 02PL093 - A request by Davis Engineering for a Layout, Preliminary and Final Plat on Lot 1 Block 1, Lots 1 thru 6, Block 2, Lots 1 thru 8, Block 3, Lots 1 thru 7, and Lots 10 thru 15, Block 4, Lots 1 thru 3 and Lots 11 thru 16, Block 5 of Murphy Ranch Estates, all located in NE1/4 NW1/4 of Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4 less Murphy's Subdivision and Right of Way, Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Longview Drive to the east of East 53rd Street and Reservoir Road.

72.       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.

73.       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.

74.       No. 02PL116 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lot 1, Block 1; Lots 1 thru 5, Block 2; Lots 1 and 2, Block 3; Lots 1 and 2, Block 4; Lots 1 thru 4, Block 5; Lot 1, Block 6 and dedicated Street, Big Sky Business Park, located in the SW1/4 SW1/4 and the S1/2 NW1/4 NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 SW1/4 NW1/4 including private drive, less Lot H2 and less right-of-way; the unplatted portion of the E1/2 SW1/4 NW1/4; and the unplatted portion of the S1/2 GL3; S1/2 GL4 less Lot 1 and less Lot H3; SE1/4 NW1/4 less Big Sky Subdivision and less right-of-way; all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Homestead Street and Elk Vale Road.

75.       No. 02PL129 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 23, 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.

76.       No. 03PL001 - A request by Dream Design International for a Preliminary and Final Plat on Lots A, B, C and well lot, Miracle Place 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.

77.       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.

78.       No. 03PL016 - A request by Fisk Land Surveying & Consulting Engineering for Allen Nelson for a Preliminary and Final Plat on Lots 3R, 25R, and 27 of Forest Park Estates all in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3 and Lot 25 of Forest Park Estates Subdivision and the north 200 feet of the south 940 feet of the west 450 feet of Tract A, all in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4231 Starlite Drive.

79.       No. 03PL023 - A request by Kent Snow for a Preliminary and Final Plat on Lots 37R, 38R and 39R, Enchanted Hills No. 4 Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 37, 38 and 39, Enchanted Hills No. 4, located in the S1/2 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 639 Enchantment Road.

80.       No. 03PL025 - A request by Sean Casey for a Preliminary and Final Plat on Lot 29 Revised of Woodridge Subdivision, located in Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 29, 30 and 31, Woodridge Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1183 Woodridge Drive.

81.       No. 03PL026 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 and 2 of Block 12; Lots 1 thru 4 of Block 15; Lots 1 thru 10 of Block 17; and, Lots 1 thru 17 of Block 18, Red Rock Estates Phase-IV, NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of  the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Prestwick Road and Pro Street.

82.       No. 03PL027 - A request by Renner & Sperlich Engineering Company for Walgar Development for a Layout, Preliminary and Final Plat on Lot 2 of Block 1, Terracita Park Subdivision, Minnesota Street Right-of-Way, and Pedestrian Access and Utility Easement 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, legally described as the unplatted balance 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 northwest of the intersection of 5th Street and Minnesota Street.

83.       No. 03PL028 - A request by DLK Engineering for South Creek Village Limited Partnership for a Preliminary and Final Plat on Lot A and Lot B of Lot 2, Superpumper Addition,  located in the SE1/4 of the SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2, Superpumper Addition located in the SE1/4 of the SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Cambell Street and Fairmont Boulevard.

END OF PLANNING CONSENT CALENDAR

84.       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.

PLANNING DEPARTMENT - HEARINGS

85.       No. 03CA004 - A request by the City of Rapid City for an Amendment to the Comprehensive Plan to change the future land use designation on an 11.9873 acre parcel of land from Residential to General Commercial on Lot O Revised of Tract A and Lot U Revised of Tract A, all of Schlottman Addition, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lots P, Q, R, T, V, W, X, Y, Z and Lots 1 and 2 of Lot S, all of Tract A, Schlottman Addition, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the south 33 foot of the E. St. Andrew Street right-of-way lying north of Lot O Revised and Lots P, Q, R, T and Lots 1 and 2 of Lot S, all of Tract A of Schlottman Addition, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of E. St. Patrick Street and south of SD Highway 44.

86.       No. 03CA005 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to change the future land use designation on a 24.4962 acre parcel of land from Residential to Light Industrial on Tract B of the E1/2 SE1/4 and Tract C of the SE1/4 SE1/4, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lots A, C and D of Tract A of the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots E, F, G, H, I, J, K, L, M and N of Tract A of Schlottman Addition of the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 50 foot E. St. Charles Street right-of-way lying north of Lots A, C and D of Tract A of the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 50 foot E. St. Charles Street right-of-way lying north of Lots E, F, G and H, all of Tract A in Schlottman Addition of SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the north 33 foot of the E. St. Andrew Street right-of-way lying south of Lots I, J, K, L, M and N, all of Tract A of Schlottman Addition, located in the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of E. St. Patrick Street and south of SD Highway 44.

87.       No. 03CA006 - A request by Dream Design International, Inc. for Delores Catron for an Amendment to the Comprehensive Plan to change the future land use designation on a 1.44 acre parcel of land from Residential to Office Commercial with a Planned Development Designation on Parcel A, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2700 Jackson Boulevard.

88.       No. 03CA007 - A request by DLK Engineering for South Creek Village Limited Partnership for an Amendment to the Comprehensive Plan to change the future land use designation on a 12.896 acres parcel of land from Residential to General Commercial on property described by metes and bounds as beginning at the SE Section Corner of Section 7, T1N, R8E, BHM ; thence N89º32'15"W a distance of 639.26 feet more or less; thence N00º00'35"W a distance of 50 feet more or less to the True Point of Beginning; this point is the common corner of the South East corner of Lot 2 Fellowship Addition and the South West corner of the remaining balance of Lot 2 Superpumper Addition; thence N00º00'35"W a distance of 610.83 feet more or less; thence N89º29'15'W a distance of 22.78 feet more or less; thence N00º02'07"E a distance of 330.81 feet more or less; thence S89º37'12'E a distance of 211.89 feet more or less; thence S00º01'35'W a distance of 942.35 feet more or less; thence N89º32'15'W a distance of 189.26 feet more or less to the True Point of Beginning, located northwest of the intersection of Cambell Street and Fairmont Boulevard.

89.       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.

90.       No. 02SV049 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalks and water on Elk Vale Road on a portion of the SW1/4 NW1/4 and the S1/2 of Government Lot 4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Homestead Street and Elk Vale Road.

91.       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.

92.       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.

93.       No. 03SV007 - A request by Fisk Land Surveying & Consulting Engineering for Allen Nelson for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement along Starlite Drive and an access easement and to allow sidewalk on one side of Forest Park Circle as per Chapter 16.12 of the Subdivision Regulations on Lots 3R, 25R, and 27 of Forest Park Estates all in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3 and Lot 25 of Forest Park Estates Subdivision and the north 200 feet of the south 940 feet of the west 450 feet of Tract A, all in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4231 Starlite Drive.

94.       No. 03SV011 - A request by Sean Casey for a Variance to the Subdivision Regulations to waive the requirement for sidewalks along Woodridge Drive and Pine Knoll Place on Lot 29 Revised of Woodridge Subdivision, located in Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 29, 30 and 31 of Woodridge Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1183 Woodridge Drive.

95.       No. 03SV012 - A request by Kent Snow for a Variance to the Subdivision Regulations to allow a lot twice as long as it is wide as regulated by Chapter 16.12 of the Municipal Code on Lots 37R, 38R and 39R, Enchanted Hills No. 4 Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 37, 38 and 39, Enchanted Hills No. 4, located in the S1/2 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 639 Enchantment Road.

ORDINANCES & RESOLUTIONS

96.       No. LF040203-12 – Second Reading, Ordinance 3909, entitled An Ordinance Adopting the 1997 Uniform Fire Code with Amendments.

97.       No. 02OA018 – Second Reading, Ordinance 3920, entitled An Ordinance to Establish a Procedure for the Municipal Planning Commission to Make Recommendations for the Amendment of the Comprehensive Plan for Development in the City of Rapid City by Amending Section 2.60.160 of the Rapid City Municipal Code.

98.       No. 03RZ007 - Second Reading, Ordinance 3922, a request by the City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District on the south 33 foot of the E. St. Andrew Street right-of-way lying north of Lot O Revised and Lots P, Q, R and T and Lots 1 and 2 of Lot S, all of Tract A of Schlottman Addition, all located in the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of E. St. Patrick Street and south of SD Highway 44.

99.       No. 03RZ008 - Second Reading, Ordinance 3923, a request by the City of Rapid City to consider an application for a Rezoning from No Use District to Light Industrial District on the north 33 foot of the E. St. Andrew Street right-of-way lying south of Lots I, J, K, L, M and N, all of Tract A of Schlottman Addition, located in the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; the 50 foot E. St. Charles Street right-of-way lying north of Lots A, C and D of Tract A of the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 50 foot E. St. Charles Street right-of-way lying north of Lots E, F, G and H, all of Tract A in Schlottman Addition of SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of E. St. Patrick Street and south of SD Highway 44.

100     No. LF040203-14Second Reading. Ordinance 3925, entitled An Ordinance Modifying the Regulation of Security Guards by Amending Sections 5.52.090, 5.52.100, 5.52.110, 5.52.130, 5.52.170, and 5.52.180 of Chapter 5.52 of Title 5 of the Rapid City Municipal Code.

101.    No. LF041603-16 – First Reading, Ordinance 3926 entitled An Ordinance Amending Section 15.32.240 of Chapter 15.32 of the Rapid City Municipal Code Relating to Application for Special Exceptions to the Flood Area Construction Regulations.

102.    No. 03RZ010 - Second Reading, Ordinance 3927 - A request by Centerline for Lazy P-6 Land Company, Inc. to consider an application for a Rezoning from General Agriculture District to General Commercial District on the south 662.71 feet of Government Lot 2 of the SW1/4 of the NW1/4 less Highway 16B right-of-way of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the northeast quadrant of the future intersection of 5th Street and Catron Boulevard.

103.    No. 03RZ011 - Second Reading, Ordinance 3928 - A request by Centerline for Lazy P-6 Land Company, Inc. to consider an application for a Rezoning from General Agriculture District to Office Commercial District on the north 662.71 feet of Government Lot 2 of the SW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the northeast quadrant of the future intersection of 5th Street and Catron Boulevard.

104.    No. 03RZ012 - Second Reading, Ordinance 3929 - A request by Centerline for Lazy P-6 Land Company, Inc. to consider an application for a Rezoning from General Agriculture District to Medium Density Residential District on the south 662.71 feet of Government Lot 1 of the NW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the northeast quadrant of the future intersection of 5th Street and Catron Boulevard.

105.    No. 03RZ013 - Second Reading, Ordinance 3930 - A request by Centerline for Lazy P-6 Land Company, Inc. to consider an application for a Rezoning from General Agriculture District to Low Density Residential II District on the north 662.71 feet of Government Lot 1 of the NW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the northeast quadrant of the future intersection of 5th Street and Catron Boulevard.

106.    No. 03RZ014 - Second Reading, Ordinance 3931 - A request by Dream Design International, Inc. for Delores Catron to consider an application for a Rezoning from Medium Density Residential District to Office Commercial District on Parcel A, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2700 Jackson Boulevard.

107.    No. 03RZ015 - Second Reading, Ordinance 3932 - A request by DLK Engineering for South Creek Village Limited Partnership to consider an application for a Rezoning from Medium Density Residential District to General Commercial District on a parcel of land described by metes and bounds as beginning at the SE Section Corner of Section 7, T1N, R8E, BHM; thence N89º32'15"W a distance of 639.26 feet more or less; thence N00º00'35"W a distance of 50 feet more or less to the True Point of Beginning; this point is the common corner of the Southeast corner of Lot 2 Fellowship Addition and the Southwest corner of the remaining balance of Lot 2 Superpumper Addition; thence N00º00'35"W a distance of 610.83 feet more or less; thence N89º29'15"W a distance of 22.78 feet more or less; thence N00º02'07"E a distance of 330.81 feet more or less; thence Sº89º37'12"E a distance of 171.89 feet more or less; thence S00º01'35"W a distance of 942.35 feet more or less; thence N89º32'15"W a distance of 149.26 feet more or less to the True Point of Beginning, located northwest of the intersection of Cambell Street and Fairmont Boulevard.

108.    No. CC041003-02 – Second Reading, Ordinance 3933 entitled An Ordinance Amending Section 6.12.035 of Chapter 6.12 of the Rapid City Municipal Code Exempting Certain Areas from the Leash Law Requirement.

109.    No. CC042103-06 – First Reading, Ordinance 3935 entitled An Ordinance to Adopt, With Amendments, the 2002 National Electric Code By Repealing in its Entirety, Chapter 15.16 of the Rapid City Municipal Code, entitled Electrical Code, and Adopting a New Chapter 15.16, Entitled Electrical Code.

110.    No. CC042103-03 – First Reading, Ordinance 3936, entitled An Ordinance to Establish a Uniform Fee for Building, Plumbing, and Mechanical Permits by Amending Sections 15.12.05, 15.20.070 and 15.24.100 of the Rapid City Municipal Code.

111.    No. 03RZ016 - First Reading, Ordinance 3937, A request by FMG, Inc. for Bypass LLC for a Rezoning from General Agriculture District to Light Industrial District on that part of the NE1/4 of Section 28, T2N, R8E, BHM, Pennington County, South Dakota, that lies within the following metes and bounds description:  Commencing at an aluminum survey cap at the center of Section 28; thence N48º44'38"E, 1414.78 feet to a point; thence N89º58'15"E, 1188.29 feet to a point; thence N00º01'45"W, 1107.46 feet to a point; thence S89º57'07"E, 399.92 feet to a point along the East Section Line of Section 28; thence N00º01'17"W, 607.94 feet to a 5/8" rebar with an illegible survey cap at the NE Corner of Section 28; thence N89º57'07"W, 2651.99 feet to a point at the North 1/4 Corner of Section 28; thence S00º01'17"E, 33.00 feet to a rebar with survey cap marked "1019"; thence S00º01'17"E, 2617.83 feet to an aluminum survey cap at the center of Section 28 at the point of beginning, located north and west of the intersection of I-90 and Elk Vale Road.

112.    No. 03RZ017 - First Reading, Ordinance 3938, A request by FMG, Inc. for Bypass LLC for a Rezoning from General Agriculture District to General Commercial District on that part of the NE1/4 of Section 28, T2N, R8E, BHM, Pennington County, South Dakota, that lies within the following metes and bounds description: Commencing at an aluminum survey cap at the center of Section 28; thence N48º44'38"E, 1414.78 feet to a point; thence N89º58'15"E, 1188.29 feet to a point; thence N00º01'45"W, 1107.46 feet to a point; thence S89º57'07"E, 399.92 feet to a point along the east section line of Section 28; thence S00º01'17"E, 1383.49 feet to a point along the east section line of Section 28; thence N89º54'47"W, 32.73 feet to a rebar with survey cap marked "2652"; thence N89º54'47"W, 1292.77 feet to a point; thence S00º01'04"E, 663.68 feet to a point at the south 1/16 corner of the NE1/4 of Section 28; thence N89º48'22"W, 1326.47 feet to an aluminum survey cap at the center of Section 28 at the point of beginning, located north and west of the intersection of I-90 and Elk Vale Road.

LEGAL & FINANCE COMMITTEE ITEMS

113.    No. LF040203-05 – Table the East Anamosa - Airport Annexation Item.

114.    No. LF041603-19 – Approve Waiver of Building Fees – Courthouse Complex Building Project.

115.    Accept the Ordinance Review Committee’s recommendation to deny the request by Jim Didier, Alex Johnson Hotel, regarding parking in Loading Zone in Front of Alex Johnson Hotel.

115A.  Request by George Dunham for Impact Fee Exemption 

PUBLIC WORKS COMMITTEE ITEMS

116.    No. PW041503-07 - Authorize Mayor and Finance Officer to Sign Professional Service Agreement with American Engineering Testing, Inc. to Perform 2003 Environmental Monitoring at Landfill for an amount not to exceed $48,550.30.

117.    No. PW041503-13 - Authorize Mayor and Finance Officer to Sign Amendment No. 02 to Professional Service Agreement with Ferber Engineering Company to Design SSW02-1258, Deadwood Avenue North Utility Infrastructure Phase 2 for an amount not to exceed $32,765.

118.    No. PW041503-14 - Authorize Mayor and Finance Officer to Sign Professional Service Agreement with Kadrmas, Lee & Jackson, Inc. for a Preliminary Design Report for SS03-1292, East Eglin Lift Station and Force Main Project for an amount not to exceed $29,668.

FINANCE OFFICER

BILLS

POLICE DEPARTMENT

PUBLIC WORKS DIRECTOR

CITY ATTORNEY

119.    No. CC042103-04 - Authorize the Mayor and Finance Officer to Sign Agreement with Arlene Ham

120.    No. CC042103-05 - Resolution Imposing Supplemental Tap Fees

DEVELOPMENT APPEALS AND REVIEW BOARD

ADJOURN

 

 

 


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Chapel in the Hills, StavKirk Church in Chapel Valley