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

June 2, 2003

ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVAL OF MINUTES – Correct the Minutes of May 5, 2003 to show the correct bid amount for West Boulevard Reconstruction Project ST03-1067 as $1,434,854.54; and approve the minutes of May 19 and May 23, 2003 .  

ADOPTION OF THE AGENDA  

GENERAL PUBLIC COMMENT

A time for members of the public to discuss or express concerns to the Council on any issue, not limited to items on the agenda. Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the council members present.  

BID OPENINGS

1.         No. CC060203-01 – 2003 Joint and Crack Sealing Project No. STCM03-1296 (Opened on May 29, 2003 )

2.         No. CC060203-01 – Catron Boulevard Improvements Project No. ST01-1047 (Opened on May 29, 2003 )

3.         No. CC060203-01 – One Carrier 80 ton condensing Unit and One McQuay Chilled Water coil or equivalent for the existing RC Public Library Building (Opened on May 29, 2003)

4.         No. CC060203-01 – Permanent Pavement Marking Tape for the Street Division (Opened on May 29, 2003 )

5.         No. CC060203-01 – Enhanced Corrosion Inhibited Liquid Magnesium Chloride for the Street Division (Opened on May 29, 2003 )  

BID AWARD

6.         No. PW052703-01 - Parkview Softball Complex Phase 3 (Bleachers and Sidewalk) Project PR03-1293  

ITEMS FROM THE MAYOR  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR

            Consists of items that need to be continued because they are not currently ready for action.  

Request of Council Members to Remove Items from the continued Consent Calendar  

Vote on Remaining Consent Items  

Public Comment on First Item Removed from Consent Calendar  

Council Discussion and Vote on Item  

Public Comment on the next Item Removed from Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings:

Off-Sale Malt Beverage License Renewals

7.         Kusler’s Conoco, Inc. dba Kusler’s Conoco, 701 E. St. Patrick Street , for an Off-Sale Malt Beverage License Renewal

8.         James Barry Stoick dba Stoick’s, 2303 Jackson Boulevard , for an Off-Sale Malt Beverage License Renewal

9.         Fat Boy’s, Inc. dba Firehouse Brewing Company, 610 Main Street , for an Off-Sale Malt Beverage License Renewal  

On-Off Sale Malt Beverage License Transfers

10.       High Plains Securities, Inc. dba The Bottom Line, 710 Main Street , for an On-Off Sale Malt Beverage License Transfer (from 504 Mt. Rushmore Road )

11.       Blue Lantern Lounge, Inc. dba Nelson’s Casino, 2425 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Transfer (previously inactive)

12.       Alta-Lee, Inc. dba Clock Tower Lounge, 2525 West Main Street , for an On-Off Sale Malt Beverage License Transfer (from The Metro Café)  

On-Off Sale Malt Beverage License Renewals

13.       Wilburn Powers, Inc. dba Horseshoe Bar, 1407 ½ E. North Street , for an On-Off Sale Beverage License Renewal

14.       ZBT, Inc. dba Jackpot Casino East, 2708 E. Highway 44, for an On-Off Sale Malt Beverage License Renewal

15.       CHAS, Inc. dba Jackpot Casino West, 2144 Jackson Boulevard , for an On-Off Sale Malt Beverage License Renewal

16.       SARF, Inc. dba Joker’s Casino South, 1320 Mt. Rushmore Road , Suite C, for an On-Off Sale Malt Beverage License Renewal

17.       ZBT, Inc. dba Joker’s Casino North, 608½ E. North Street , for an On-Off Sale Malt Beverage License Renewal

18.       Wal-East Development, Inc. dba Jackpot Casino, 685 LaCrosse Street , for an On-Off Sale Malt Beverage License Renewal

19.       Poker Joe’s Inc dba Poker Joe’s, 211 Cambell Street , for an On-Off Sale Malt Beverage License Renewal

20.       Thomas McCarty dba The Marble Club, 2315 ½ Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal

21.       I-90 Fuel Services, Inc. dba Windmill Truck Stop, for an On-Off Sale Malt Beverage License Renewal

22.       I-90 Truck Haven Service, Inc. dba Windmill Restaurant, 2803 Deadwood Avenue , for an On-Off Sale Malt Beverage License Renewal

23.       Robert Johnson dba Canyon Lake Pub & Casino, 4116 Jackson Boulevard , for an On-Off Sale Malt Beverage License Renewal

24.       H&B, Inc. dba The Hall Inn, 214 E. St. Joseph Street , for an On-Off Sale Malt Beverage License Renewal

25.       Peaceful Pines Casino, Inc. dba West Main Square Casino, 3205 West Main Street, for an On-Off Sale Malt Beverage License Renewal

26.       Uncle Sam’s, Inc. dba Uncle Sam’s Casino & Eatery, 2110 Jackson Boulevard, for an On-Off Sale Malt Beverage License Renewal

27.       Kittens, Inc. dba Uncle Sam’s East, 1122 E. North Street , for an On-Off Sale Malt Beverage License Renewal

28.       Jumble, Inc. dba Uncle Sam’s West, 2730 W. Main Street , for an On-Off Sale Malt Beverage License Renewal

29.       Entertainment, Inc. dba Nu Robbinsdale Casino, 803 E. St. Patrick Street , for an On-Off Sale Malt Beverage License Renewal

30.       Ken-Ben, Inc. dba 8th Street Lounge, 2201 Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal

31.       Harbry Enterprises, Inc. dba Buck-N-Gator, 4095 Sturgis Road , for an On-Off Sale Malt Beverage License Renewal

32.       Alta-Lee, Inc. dba Clock Tower Lounge, 2525 West Main Street , for an On-Off Sale Malt Beverage License Renewal

33.       Kelly’s Sports Lounge, Inc. dba Kelly’s Sports Lounge, 825 Jackson Boulevard , for an On-Off Sale Malt Beverage License Renewal

34.       Red Rock Golf Club LLC dba Red Rock Golf Club, 6520 Birkdale Drive , for an On-Off Sale Malt Beverage License Renewal

35.       Blue Lantern Lounge, Inc. dba Nelson’s Casino, 2425 Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal  

On-Off Sale Malt Beverage License Renewals (No Video Lottery)

36.       Dick & Waneta Ragels dba Meadowbrook Grill & Pub, 3625 Jackson Boulevard , for an On-Off Sale Malt Beverage License Renewal

37.       Dick & Waneta Ragels, dba Executive Golf Course, 200 Twelfth Street , for an On-Off Sale Malt Beverage License Renewal

38.       M&M Restaurants, Inc. dba Piesano’s, 3618 Canyon Lake Drive, No. 121, for an On-Off Sale Malt Beverage License Renewal

39.       City of Rapid City dba Rushmore Plaza Civic Center, 444 N. Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal

40.       Keith & Dorla Brink dba Carini’s Italian Food, 324 St. Joseph Street, for an On-off Sale Malt Beverage License

41.       Black Hills Sports, Inc. dba Fitzgerald Stadium, Canyon Lake Drive , for an On-Off Sale Malt Beverage License Renewal

42.       Museum Alliance of Rapid City, Inc. dba The Journey Museum, 222 New York Street , for an On-Off Sale Malt Beverage License Renewal

43.       Guang Huan Huang dba Hunan Chinese Restaurant, 1720 Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal

44.       Great Wall, Inc. dba Great Wall Chinese Restaurant, 315 E. North Street , for an On-Off Sale Malt Beverage License Renewal

45.       Great Wall, Inc. dba Imperial Chinese Restaurant, 702 E. North Street , for an On-Off Sale Malt Beverage License Renewal  

On-Sale Liquor License Transfer

46.       High Plains Securities, Inc. dba The Bottom Line, 710 Main Street , for an On-Sale Liquor License Transfer (recently annexed into the City)  

Set for Hearing ( June 19, 2003 )

47.       No. CC060203-02 - See attached list  

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 ( July 7, 2003 )

48.       No. 03VR004 - A request by the South Dakota Department of Transportation for a Vacation of Right-of-Way on that portion of Boston Street located adjacent to Lot RU-107A, Tract A and Lot 38 all of Block 2, Riverside Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Boston Street.  

49.       No. 03VR005 - A request by William H. Siegel for a Vacation of Right-of-Way on the 40 foot right-of-way north of Lot 5, Freeland Subdivision, located in the SE1/4 SW1/4, Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located at 2925 Freeland Avenue.

 Public Works Committee Items

50.       No. PW052703-03 – Approve Change Order No. 01F for STCM02-1240, Downtown Alley Resurfacing Project to Hills Materials Company for a decrease of $1,110.80.

51.       No. PW052703-04 – Authorize staff to advertise for bids for Sodium Chloride (road salt) for Street Division.

52.       No. PW052703-07 - Authorize staff to advertise for bids for W03-1276, Water Metering and Backflow Prevention for Irrigation Systems.

53.       No. PW052703-14 – Direct staff to identify the area needed for a right-of-way agreement for Hubbard Mill, including the possible deceleration lane for the use of a staging area; and also prepare a Resolution of Intent to enter into a lease of private property for consideration at Monday night’s Council meeting and identifying the roadway between the staging area and the mill.

54.       Authorize the Mayor and Finance Officer to sign an application to South Dakota Petroleum Release Compensation Fund for excavation costs related to an abandoned underground storage tank at the Street Department.

55.       No. PW052703-08 – Approve Out-of-the-Dust Funds in the amount of $3,000 to pave alley in North Rapid Addition, Block 29.

56.       Authorize staff to submit a Transportation Enhancement Grant to the South Dakota Department of Transportation for areas along Omaha Street from Canal to East Blvd.

57.       No. PW052703-09 – Approve the purchase of Topcoat Alternative Daily Cover for Landfill from Central Fiber, Wellsville , KS under City of Watertown , SD agreement for the amount of $11,500.

58.       No. PW052703-10 – Approve the purchase of two (2) new ¾ ton, 4x4, crew cab long box trucks from Lithia Dodge, Inc. of Sioux Falls under State Contract #13771 in the amount of $20,905 each for a total contract amount of $41,810 for Street Division.

59.       No. PW052703-11 – Approve the Ellsworth Air Force Base Water Rate Schedule.

60.       No. 03RD005 – Approve a Resolution Renaming Stuart Peak Lane to Tahoe Peak Place for petitioner George Dunham for Wardunham Enterprises, LLC on Lots 1 and 2, Block 3; Lots 2 and 3, Block 4; Dunham Estates Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located between Heidiway Lane and Severson Street.

61.       No. 03RD006 – Approve a Resolution Renaming Dixon Court to Twin Peak Lane for petitioner George Dunham for Wardunham Enterprises, LLC on Lots 1 through 11, Block 5, Dunham Estates Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southwest of Severson Street.

62.       No. 03TP002 – Approve a Resolution for the Transportation Improvement Program Projects.

63.       No. PW052703-13 – Refer the ordinance pertaining to house moving permits to the Ordinance Review Committee.  

Legal & Finance Committee

64.       No. LF052803-01 - Approve Event Permit for Red Ribbon Committee to hold a parade on 10/18/03 .

65.       No. LF052803-02 - Authorize Mayor and Finance Officer to sign Agreement between the State of South Dakota Wildland Fire Suppression Division and the City of Rapid City .

66.       No. LF052803-03 – Approve Habitat for Humanity Contract Amendment.

67.       Authorize Mayor and Finance Officer to sign Release with Montana-Dakota Utilities in the sum of $8,950 to cover repairs to be made to the sidewalks and landscaping at the C/SAC Building as a result of work done by MDU.

68.       No. LF052803-04 – Authorize Mayor and Finance Officer to sign Application for MPLC Umbrella License with Motion Picture Licensing Corporation.

69.       Direct staff to prepare an ordinance regarding amending the Sign Code to eliminate the $75 fee to appeal to Council and to allow for a 20-day grace period and a $25 late fee.

70.       No. LF052803-12R – Approve Resolution to Change Committee Membership to 5 People, with one alderperson from each ward being appointed to each committee, and the other alderperson from each ward acting as the alternate.

71.       No. LF052803-06 – Approve the following abatements: Big D Oil Co., 2002, $188.78; Black Hills Regional Eye Institute, 2002, $4,447.64; Abatement/Refund: Donald and Marcia Gorman, 2002, $3,489.84.

72.       Approve the following licenses: Electrical Apprentice: Tyler Arnio, LeRoy N. Weisser; Master Electrician: Curtis Beatty; Mechanical Installer: Orryn A. Fischer; Mechanical Contractor: Clifford E. McClure, West River Heating & Air Conditioning; Apprentice Plumber: Doug Beisner, Aaron L. Olson; Plumber: Todd Chase; Residential Contractor: All Around Construction, Jamie Gerlach; Daniel Construction, Inc., Tod Daniel Schrimpf; Sewer & Water Installer Journeyman: Kevin Good, Jerald Jones; Sign Contractor: Sunrise Construction, Inc., Greg Brink.

73.       Regarding the unloading/loading zone next the Alex Johnson Hotel which is marked as no parking, direct the Street Department to paint the curb beginning at the alley all the way down and move the sign.

74.      No. LF052803-07 – Cancel the continuation of the Information Meeting scheduled for June 4, 2003 on reorganization of the Attorney’s Office and set that time aside for an Information Meeting to discuss impact fees.

75.       Direct the Finance Officer to place bids in full view of the Council and then verbally state which bid staff recommends.

76.       Direct staff to put together a cost breakdown on the increased cost of the Fifth Street extension and bring it back to the next Public Works Committee meeting.  

Raffle

77.       No. CC060203-04 – Notification from Aspire, Inc. of intent to conduct a raffle in October, 2003.  

End of Consent Calendar  

Public Request for Removal of Items from Consent Calendar  

Request of Council Members to Remove items from the Consent Calendar  

Vote on Remaining Consent Items  

Public Comment on First Item Removed from Consent Calendar  

Council Discussion and Vote on Item

Public Comment on Next Item Removed From Consent Calendar  

PLANNING DEPARTMENT CONSENT ITEMS  

78.       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 southeast of the intersection of Reservoir Road and Longview Drive.  

79.       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.  

80.       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.  

81.       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 .  

82.       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 Road.  

83.       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 the 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.

84.       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.  

85.       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.  

86.       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, legally described as a portion of Parcel No. 5 located in the NE1/4 of the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Interstate 90.  

87.       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.  

88.       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.  

89.       No. 03PL027 - A request by Renner & Sperlich Engineering Company for Walgar Development for a 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.  

90.       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.  

91.       No. 03PL030 - A request by Renner & Sperlich Engineering Co. for Gordon Howie for a Layout, Preliminary and Final Plat on Lots 12 thru 20 of Block 13, Lots 25 thru 32 of Block 14, and Lots 20 thru 25 of Block 15, Trailwood Village, located in the N1/2 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village located in the N1/2 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located along Mercury Drive, Cabbot Court and Shad Street.  

92.       No. 03PL034 - A request by Renner & Sperlich Engineering Company for Gary Rasmusson for a Final Plat on Lots 3 through 6 of Block 1, Terracita Park Subdivision, and Minnesota Street Right-of-Way located in the SW1/4 NW1/4 SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the SW1/4 NW1/4 SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Minnesota Street along Alta Vista Drive.  

93.       No. 03PL042 - A request by Renner and Sperlich Engineering Co. for Gordon Howie for a Layout, Preliminary and Final Plat on Lots 1 thru 5 of Block 18, Lots 1 thur 6 of Block 19, Lot 1 of Block 20, and Lots 1 thru 12 of Block 21, and Drainage Lot A, Trailwood Village, located in the E1/2 of the SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the balance of Tract T of Trailwood Village, located in the E1/2 of the SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located west of the intersection of Pluto Drive and Reservoir Road.  

94.       No. 03PL044 - A request by D.C. Scott Co. Land Surveyors for Thomas Knight for a Preliminary and Final Plat on Lot 4R, Lot 5R, and Lot 6 of Knight's Acres Subdivision, shared approach easement, vacated access easement, and dedicated Anderson Road right-of-way located in the N1/2 SE1/4 NE1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 4 and Lot 5 of Knight's Acres Subdivision, N1/2 SE1/4 NE1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located south of Longview Road and west of Anderson Road.  

95.       No. 03PL045 - A request by Michael Hanson for Kent Hagg Esq. for Burnell A. Lutz for a Preliminary and Final Plat on Lots A and B of Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1903 North Maple Avenue.  

96.       No. 03PL049 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1 thru 3, Block 1; Lots 1 thru 2, Block 2; and dedicated streets location in a portion of the SW1/4SW1/4 of Section 27 and a portion of the NW1/4 NW1/4 of Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in a portion of the NW1/4 NW1/4 of Section 34 and a portion of the SW1/4 SW1/4 of Section 27, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Beginning at the point being the intersection of the south line of said NW1/4 NW1/4 of Section 34 and the easterly right-of-way line of N. Elk Vale Rd., thence N00º01’02”W, 847.24 feet to the True Point of Beginning; Thence continuing along said easterly right-of-way line, N00º01’02”W, 653.99 feet to a point lying on a curve concave to the Northwest and whose chord bears N71º37’58”W, 744.25 feet; thence easterly along the arc of said curve to the left whose radius is 5829.58 feet and whose central angle is 07º19’11”, an arc length of 744.76 feet to a point on said curve; thence S00º08’25”W, 462.78 feet; thence S89º51’35”E, 50.67 feet; thence S00º08’25”W, 100.00 feet; thence N89º51’35”W, 293.71 feet; thence S00º08’25”W, 326.18 feet; thence S89º58’58”W, 460.92 feet to the True Point of Beginning, located east of North Elk Vale Road on Columbia Boulevard.  

97.       No. 03PL050 - A request by Mark Polenz for Daniel Schoenfelder for a Preliminary Plat on Lot A and Lot B of Schoenfelder Subdivision all located in the NW1/4 SE1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County South Dakota, legally described as Lot 1 of Lot C of Schamber Section 9 NW1/4 SE1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County South Dakota, located at 3505 Western Avenue.  

98.       No. 03PL051 - 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.  

END OF PLANNING CONSENT CALENDAR  

Public Request for Removal of Items from Consent Calendar  

Request of Council Members To Remove Items From the Consent Calendar  

Vote on Remaining Consent Calendar Items  

Public Comment on First Item Removed from Consent Calendar  

Council Discussion and Vote on Item  

Public Comment on Next Item Removed from Consent Calendar

 PLANNING DEPARTMENT - HEARINGS

99.       No. CC060203-05 – Authorize the Mayor and Finance Officer to sign Resolution authorizing the submittal of Request for Grant Funding for Transportation Enhancements and Authorizing the Mayor to sign application on behalf of the City  

100.    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.  

101.    No. 03SE001 - A request by the City of Rapid City for a Special Exception to the Floodplain Building District Ordinance on Tract 1, Rapid City Greenway Tract, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in Canyon Lake Park, 4501 Jackson Boulevard.  

102.    No. 03SE002 - A request by the City of Rapid City for a Special Exception to the Floodplain Building District Ordinance on Tract 8, Rapid City Greenway Tract, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the Frisbee Golf Course, 1730 32nd Street.  

103.    No. 03SE003 - A request by the City of Rapid City for a Special Exception to the Floodplain Building District Ordinance on Lots 6 and 7, Block 6, Bradsky Subdivision; Tracts 35 and 36, Rapid City Greenway Tract, all located in Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the Black Hills Polo and Soccer Grounds along E. St. James Street between Cambell Street and Sioux Avenue.  

104.    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.  

105.    Authorize Mayor and Finance Officer to sign a Waiver of Right to Protest a Future Assessment for Street Improvements (No. 03SV011)  

106.    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.  

107.    No. 03SV016 - A request by FMG, Inc. for Bypass LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk and to improve pavement along Elk Vale Road and to waive the requirement to install sidewalk along a portion of East Road, West Road, Seger Drive and Mall Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 9 of Block 1, Lots 1 thru 5 of Block 2, Lots 1 thru 12 of Block 3, Lot 1 of Block 4, Lots 1 thru 6 of Block 5, and Lot 1 of Block 6, Heartland I90 Business Park, located in the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NE1/4; N1/2 NE1/4 NE1/4; and the unplatted portion of the S1/2 NE1/4 NE1/4; N1/2 SE1/4 NE1/4 all in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north and west of the intersection of I-90 and Elk Vale Road.  

108.    No. 03SV018 - A request by D.C. Scott Co. Land Surveyors for Thomas Knight for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and to improve pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 4R, Lot 5R, and Lot 6 of Knight's Acres Subdivision, shared approach easement, vacated access easement, and dedicated Anderson Road right-of-way located in the N1/2 SE1/4 NE1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 4 and Lot 5 of Knight's Acres Subdivision, N1/2 SE1/4 NE1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located south of Longview Road and west of Anderson Road.  

109.    No. 03SV019 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, and water along Elk Vale Road as per Chapter 16.16 of the Rapid City Municipal Code on a parcel of land located in a portion of the NW1/4 NW1/4 of Section 34 and a portion of the SW1/4 SW1/4 of Section 27, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Beginning at the point being the intersection of the south line of said NW1/4 NW1/4 of Section 34 and the easterly right-of-way line of N. Elk Vale Rd., thence N00º01’02”W, 847.24 feet to the True Point of Beginning; Thence continuing along said easterly right-of-way line, N00º01’02”W, 653.99 feet to a point lying on a curve concave to the Northwest and whose chord bears N71º37’58”E, 744.25 feet; thence easterly along the arc of said curve to the left whose radius is 5829.58 feet and whose central angle is 07º19’11”, an arc length of 744.76 feet to a point on said curve; thence S00º08’25”W, 462.78 feet; thence S89º51’35”E, 50.67 feet; thence S00º08’25”W, 100.00 feet; thence N89º51’35”W, 293.71 feet; thence S00º08’25”W, 326.18 feet; thence S89º58’58”W, 460.92 feet to the True Point of Beginning, located east of North Elk Vale Road on Columbia Boulevard.  

110.    No. 03VR001 - A request by TSP Three, Inc. for a Vacation of Right-of-Way on Lot 10A, Block 1, Owen Mann Subdivision; 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 in a portion of the cul-de-sac along Kinney Court.  

111.    No. 03VR002 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on Lots 1 thru 3 of Block 7 of Schnasse Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 225 East Watertown Street.  

ORDINANCES & RESOLUTIONS

112.    No. 03RZ018 - Second Reading, Ordinance 3941, a request by Dream Design International, Inc. for a Rezoning from No Use District to General Commercial District on a parcel of land located in a portion of the NW1/4 NW1/4 of Section 34 and a portion of the SW1/4 SW1/4 of Section 27, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Beginning at the Southeast corner of the N1/2 NW1/4 of said Section 34, thence N89º52'24"W, along the south line of said N1/2 NW1/4, 1824.64 feet to the True Point of Beginning; thence continuing along said south line, N89º52'24"W, 701.63 feet to a point lying on the easterly right-of-way line of North Elk Vale Road; thence N00º01'02"W along said easterly right-of-way line, 1501.22 feet to a point lying on a curve concave to the Northwest and whose chord bears N71º37'58"E, 744.25 feet; thence easterly along the arc of said curve to the left whose radius is 5829.58 feet and whose central angle is 07º19'11", an arc length of 744.76 feet to a point on said curve; thence S00º08'25"W, 1737.30 feet to the True Point of Beginning, located east of North Elk Vale Road on Columbia Boulevard.  

113.    No. LF051403-14 – Second Reading , Ordinance 3942 entitled An Ordinance to Allow a Majority of the Legal and Finance Committee or the Public Works Committee to Propose an Ordinance Amendment by Amending Section 2.28.030 of the Rapid City Municipal Code.  

114.    No. LF052803-08 - First Reading , Ordinance 3943 entitled An Ordinance to Amend the Requirement for Presenting Proof of Liability Insurance at the Time of Application for a Mechanical Contractor’s License by Amending Section 15.26.017 of the Rapid City Municipal Code.  

115.    No. LF052803-09 First Reading, Ordinance 3944 entitled an Ordinance to Amend the Requirement for Presenting Proof of Liability Insurance at the Time of Application for a Residential Contractor’s License by Amending Section 15.13.015 of the Rapid City Municipal Code.  

116.    No. LF052803-10 – First Reading , Ordinance 3945 entitled An Ordinance to Amend the Requirement for Presenting Proof of Liability Insurance at the Time of Application for a Sewer and Water and Trenching Contractor’s License by Amending Section 13.10.050 of the Rapid City Municipal Code.  

117.    No. LF052803-11 – First Reading , Ordinance 3946 entitled An Ordinance to Amend the Requirement for Presenting Proof of Liability Insurance at the Time of Application for a Sign Contractor’s License by Amending Section 15.18.015 of the Rapid City Municipal Code.  

118.    No. 03RZ019 - First Reading, Ordinance 3947, a request by Donald Douma for Atonement Lutheran Church for a Rezoning from Low Density Residential District to Office Commercial District on Lot 1 of Lot A, Block 6, Northern Heights Subdivision, Section 25, T2N R7E, BHM, Rapid City, Pennington County, South Dakota, located at 522 Anamosa Street.  

119.    No. 03RZ020 - First Reading, Ordinance 3948, a request by Doeck LLC for a Rezoning from No Use District to Low Density Residential District on the SW1/4 NW1/4 and the NW1/4 SW1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Haines Avenue and Viking Drive.  

120.    No. 03RZ021 - First Reading, Ordinance 3949, 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 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, 1588.06 feet to a point along the East Section Line of Section 28; thence S00º01'17"E, 276.57 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 northwest of I-90 and Elk Vale Road.  

121.    No. 03RZ022 - First Reading, Ordinance 3950, a request by Davis Engineering, Inc. for Verlyn and Cindy Bourne for a Rezoning from No Use District to Low Density Residential District on Lot B less the west two feet located in the SW1/4 SW1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located at 5511 Hidden Valley Lane.  

LEGAL & FINANCE COMMITTEE ITEMS

122.    Proposed Lease with Department of Corrections (Landfill Site) for a Minimum Security Prison.  

123.    No. CC060203-05 – Resolution of Intent to Enter Into Lease of Land with Dakota Mill and Grain Pursuant To SDCL 9-12-5.2

PUBLIC WORKS COMMITTEE ITEMS

124.    No. PW052703-02 – Approve Change Order No. 03 for WRF01-1132, Water Reclamation Facility Improvements Administration Building Project with Scull Construction Service, Inc. for an increase of $41,072; contingent upon South Dakota Department of Environment and Natural Resources approval.

125.    No. PW052703-05 - Authorize staff to advertise for bids for One (1) New Current Model Year Single Axle Truck for Street Division.

126.    No. PW052703-06 - Authorize staff to advertise for bids for One (1) New Current Model Year Tandem Axle Truck for Street Division.

127.    No. PW051303-17 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with HKM Engineering, Inc. to Conduct the Stevens High School Traffic Study for an amount not to exceed $13,000 (City/School funding split).

128.    Request by Mark Parette, Black Hills Fibercom, for compensation for damages to irrigation system and vegetation at power substation and Fibercom hub station located at 2510 5th Street .

129.    No. PW052703-12 – Approve a Special Exception to allow more than 40 dwelling units with one-point of access for West Hills Village .  

130.    No. PW052703-15 - Approve the bid award, per emergency provisions of the South Dakota Bid Law, of W03-132, Sheridan Lake Road/Fairway Hills Drive Street Repair Project to the lowest responsible bidder meeting specifications, Heavy Constructors, Inc. for the low unit prices bid for a total contract amount of $28,794.50.

131.    Dakota Middle School Alley Improvements.  

132.    West Chicago and 44th Street Intersection Update (Partridge)  

FINANCE OFFICER’S REPORT

133.    No. CC060203-03 - Authorize the Mayor and Finance Officer to Sign an Agreement for Services with Martin Jurisch & Associates to conduct the City’s surplus auction on June 21, 2003 .  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT  

PUBLIC WORKS DIRECTOR REPORT  

CITY ATTORNEY’S REPORT

134.    Revocation of city-issued licenses  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADJOURN