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

June 16, 2003

(Note, as a result of the adoption of the City Council Policies & Procedures,  the format of the agenda has changed.)

ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVAL OF MINUTES – Approve the Minutes of June 2, 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.  

SPECIAL ITEMS FROM THE PUBLIC  

BID OPENINGS

1.        No. CC061603-01 – Parks Miscellaneous Improvements Project No. PR03-1275 (Opened on June 12, 2003 )

2.        No. CC061603-01 – One Carrier 80 Ton Condensing Unit and One McQuay Chilled Water Coil, or equivalent, for the existing Rapid City Public Library Building (Opened on June 16, 2003)  

ITEMS FROM THE MAYOR

3.         Veteran of the Month Award

4.         Employee Recognitions

5.         Appointment of Department Heads  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

6.         Procedures for allocation of Capital Improvements Funds (Kooiker, Hadley and Kriebel)

6A.      East Meade Drainage Channel (Kooiker and French)  

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.  

Continue the following items until July 7, 2003:  

7.        No. 03CA014 - A request by Davis Engineering, Inc. for Verlyn and Cindy Bourne for an Amendment to the Comprehensive Plan to change the future land use designation on a 2.7 acre parcel of land from Industrial to Low Density Residential 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.  

8.        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.  

9.        No. 03SV013 - A request by  Renner & Sperlich Engineering Company for Dean Kelly for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, dry sewer, paving and additional right-of-way width on Corral Drive as per Chapter 16.16 of the Subdivision Regulations on Lots B and C of Lot 6, Miracle Pines Subdivision  located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6 of Miracle Pines Subdivision located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3960 Corral Drive.

10.      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.  

11.      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.

12.      No. 03AN007 - A request by Davis Engineering, Inc. for Verlyn and Cindy Bourne for a Petition for Annexation 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 .  

13.     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.  

14.      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.

15.     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.  

16.     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.  

17.      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.  

18.      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.  

19.      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.

20.      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.  

21.      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.  

22.      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.  

23.      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.  

24.      No. 03PL035 - A request by Renner & Sperlich Engineering Company for Dean Kelly for a Layout, Preliminary and Final Plat on Lots B and C of Lot 6, Miracle Pines Subdivision located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6 of Miracle Pines Subdivision located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3960 Corral Drive.  

25.      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.  

26.      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.  

27.      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.

28.      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.

29.      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.  

30.      No. 03PL053 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1 thru 5, Block 9 and Dedicated Street, the unplatted portion of the SW1/4 and the unplatted portion of the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Subdivision; E1/2 NE1/4 W1/2 NW1/4 less Red Rock Estates and less right-of-way, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Prestwick Road in Red Rock Estates.  

31.      No. 03PL054 - A request by Davis Engineering, Inc. for Verlyn and Cindy Bourne for a Preliminary and Final Plat on Lot A and Lot B of Bourne Addition located in the SW1/4 SW1/4  of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, legally described as 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.  

32.      No. 03PL055 - A request by TSP Three, Inc. for Wellington Heights, LLC for a Preliminary and Final Plat on Lots 1 thru 45, Block 1, Wellington Heights Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B, Cleary Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6715 Wellington Drive.  

33.      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.

34.      No. 03RZ015 – Second Reading, Ordinance 3932, a request by DLK Engineering for South Creek Village Limited Partnership 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 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 261.89 feet more or less; thence S00º01'35"W a distance of 942.35 feet more or less; thence N89º32'15"W a distance of 239.26 feet more or less to the True Point of Beginning, located northwest of the intersection of Cambell Street and Fairmont Boulevard.

 35.     No. 03RZ019 - Second 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.

36.      No. 03RZ022 - Second 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.

37.      No. 03PL052 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1-4, Block 1 and Outlot D; Lots 1-7, Block 2; Lots 1-3, Block 3, of Stoney Creek South Subdivision and Dedicated Bendt Drive and Major Drainage Easements located in the NW1/4 SW1/4 and the SW1/4 SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the S1/2 NW1/4 SW1/4 less Lots H1 and H2, Section 22, T1N, R7E; a portion of the unplatted balance of the N1/2 NW1/4 SW1/4 located south of Catron Boulevard, Section 22, T1N, R7E; a portion of the unplatted balance of the E1/2 SW1/4 less Stoney Creek Subdivision and less Lot H2, Section 22, T1N, R7E; and, a portion of the unplatted balance of the SW1/4 SW1/4 less Lot H1 and Lot P1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of Sheridan Lake Road and Catron Boulevard.  

Continue the following items until July 21, 2003:  

38.      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.

39.      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.

40.      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.

Continue to August 4, 2003

41.      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. 

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 Renewal

42.      Flannery Oil Company dba Corner Pantry-Deadwood Avenue, 501 Deadwood Avenue, for an Off-Sale Malt Beverage License Renewal

43.      Burnell Lutz dba Gas Plus, 1903 N. Maple Avenue , for an Off-Sale Malt Beverage License Renewal

44.      Fuel Food Mart, Inc. dba Amoco Food Shop No. 4, 901 E. North Street, for an Off-Sale Malt Beverage License Renewal

45.      Fuel Food Mart, Inc. dba Amoco Food Shop No. 5, 601 Mt. View Road, for an Off-Sale Malt Beverage License Renewal

46.      MG Oil Company dba Haines Avenue Smoke Shop, 2601 N. Haines Avenue, for an Off-Sale Malt Beverage License Renewal

47.      MG Oil Company dba Amoco Food Shop No. 8, 302 E. North Street, for an Off-Sale Malt Beverage License Renewal

48.      MG Oil Company dba Amoco Food Shop No. 9, 1220 E. St. Patrick Street, for an Off-Sale Malt Beverage License Renewal

49.      MG Oil Company dba Amoco Food Shop No. 10, 1818 Mt. Rushmore Road, for an Off-Sale Malt Beverage License Renewal

50.      Albertson’s, Inc. dba Albertson’s Food Center, 855 Omaha Street, for an Off-Sale Malt Beverage License Renewal

51.      Dan’s Super Market, Inc. dba Dan’s Super Market, 333 Third Street, for an Off-Sale Malt Beverage License Renewal

52.      ETS, Inc. dba Berry patch Campground, 1860 E. North Street, for an Off-Sale Malt Beverage License Renewal

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

54.      Ranch-Mart, Inc. dba Ranch-Mart Downtown Rapid City, 520 Birth Avenue, for an Off-Sale Malt Beverage License Renewal

55.      Nash Finch Company dba Family Thrift Center No. 253, 1516 E. St. Patrick Street, for an Off-Sale Malt Beverage License Renewal

56.      Moyle Petroleum Company dba Common Cents No. 107, 4128 Canyon Lake Drive, for an Off-Sale Malt Beverage License Renewal

57.      Moyle Petroleum Company dba North Street Smoke Shop, 634 E. North Street, for an Off-Sale Malt Beverage License Renewal

58.      Moyle Petroleum Company dba Common Cents Food Store, 1129 W. Omaha Street, for an Off-Sale Malt Beverage License Renewal

59.      Moyle Petroleum Company dba Common Cents Food Store, 2660 Mt. Rushmore Road, for an Off-Sale Malt Beverage License Renewal

60.      Moyle Petroleum Company dba Common Cents Food Store, 1909 LaCrosse Street, for an Off-Sale Malt Beverage License Renewal

61.      I-90 Amoco, Inc. dba I-90 Standard, 2213 N. LaCrosse Street, for an Off-Sale Malt Beverage License Renewal

62.      Robert L. Stiehl dba Circle S Convenience Market, 310 E. Fairmont Boulevard , for an Off-Sale Malt Beverage License Renewal

63.      Wal-Mart Stores, Inc. dba Walt-Mart Supercenter No. 1604, 1200 N. LaCrosse Street, for an Off-Sale Malt Beverage License Renewal

64.      Big D Oil Company dba Big D Oil Company Store No. 41, 1160 LaCrosse Street , for an Off-Sale Malt Beverage License Renewal

65.      Big D Oil Company dba Big D Oil Company Store No. 42, 850 E. North Street , for an Off-Sale Malt Beverage License Renewal

66.      B&L, Inc. dba Boyd’s Liquor Mart, 2001 W. Main Street , for an Off-Sale Malt Beverage License Renewal

67.      Mini Mart, Inc. dba Mini Mart No. 451, 4260 Canyon Lake Drive , for an Off-Sale Malt Beverage License Renewal

68.      Mini Mart, Inc. dba Mini Mart No. 443, 3106 W. Main Street , for an Off-Sale Malt Beverage License Renewal

69.      Mini Mart, Inc. dba Mini Mart No. 444, 1627 Mt. Rushmore Road , for an Off-Sale Malt Beverage License Renewal

70.      Mini Mart, Inc. dba Mini Mart No. 447, 1601 N. Haines Avenue , for an Off-Sale Malt Beverage License Renewal

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

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

73.      Superpumper, Inc. dba Superpumper No. 16, 3275 Highway 79 South, for an Off-Sale Malt Beverage License Renewal

74.      Superpumper, Inc. dba Superpumper No. 27, 2215 Haines Avenue , for an Off-Sale Malt Beverage License Renewal  

On-Off Sale Malt Beverage License Renewals – No Video Lottery

75.      NPC International, Inc. dba Pizza Hut No. 2777, 2005 Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal

76.      NPC International, Inc. dba Pizza Hut No. 2778, 705 E. North Street , for an On-Off Sale Malt Beverage License Renewal

77.      NPC International, Inc. dba Pizza Hut No. 2776, 2604 West Main Street , for an On-Off Sale Malt Beverage License Renewal

78.      Dan Trieu Ly dba Golden Fortune, 1204 E. North Street , for an On-Off Sale Malt Beverage License Renewal

79.      Tamara Sellars & Pamela Light dba Wine Cellar 507, 507 Sixth Street , for an On-Off Sale Malt Beverage License Renewal

80.      Century Motels, Inc. dba Howard Johnson Express Inn & Suites, 950 North Street , for an On-Off Sale Malt Beverage License Renewal

81.      China Buffet Express, Inc. dba China Buffet, 740 Mt. View Road , for an On-Off Sale Malt Beverage License Renewal

82.      Dakota Fresh-Mex, LLC dba Qdoba Mexican Grill, 741 Mountain View Road , for an On-Off Sale Malt Beverage License Renewal

83.      GF Pizza, Inc. dba Godfather’s Pizza, 110 Cambell Street , for an On-Off Sale Malt Beverage License Renewal

84.      Manna, Inc. dba Roadhouse Nightclub & Grill, 1900 N. Maple Avenue , for an On-Off Sale Malt Beverage License Renewal

85.      Faryat, Inc. dba Botticelli’s Ristorante, 523 Main Street , for an On-Off Sale Malt Beverage License Renewal

86.      Dos Ermonas dba LaCosta Mexican Restaurant, 603 Omaha Street , for an On-Off Sale Malt Beverage License Renewal

87.      Central States Fair, Inc. dba Central States Fair, 800 San Francisco Street , for an On-Off Sale Malt Beverage License Renewal

88.      Hog Wild, LLC dba Black Hills Harley Davidson, 3030 Lange Ranch Road , for an On-Off Sale Malt Beverage License Renewal

89.      Northcott Company dba Perkins Restaurant & Bakery, 2305 Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal

90.      Northcott Company dba Perkins Restaurant & Bakery, 1715 LaCrosse Street , for an On-Off Sale Malt Beverage License Renewal

91.      S&Y, Inc. dba The Golden Phoenix, 2421 W. Main Street , for an On-Off Sale Malt Beverage License Renewal

92.      Mae Jean Adams dba The Corn Exchange, 727 Main Street , for an On-Off Sale Malt Beverage License Renewal

93.      Mai T. Goodsell dba Saigon Restaurant, 221 E. North Street , for an On-Off Sale Malt Beverage License Renewal

94.      Chrisbro, LLC dba The Hampton Inn, 1720 Rapp Street , for an On-Off Sale Malt Beverage License Renewal

95.      Arts Smoke House Barbecue, Inc. dba Art’s Smoke House Barbecue, 609 Main Street , for an On-Off Sale Malt Beverage License Renewal

96.      Rapid City Softball Association dba Star of the West Softball Complex, 1515 Sedivy Lane , for an On-Off Sale Malt Beverage License Renewal

97.      Keith Watson and Rory Schoenheider dba Red’s Savoy Pizza, 510 St. Joseph Street , for an On-Off Sale Malt Beverage License Renewal

98.      Mary Jane Freimark dba The Embers, 54412 S. Highway 16, for an On-Off Sale Malt Beverage License Renewal  

On/Off Sale Malt Beverage License Renewals

99.       South Dakota Vending, Inc. dba Happy Jack’s Far West (inactive) for an On/Off Sale Malt Beverage License Renewal

100.    High Plains Securities, Inc. dba Down Under Sports Bar, 504 Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal

101.    Dave & Linda Handley dba Hot Spot Casino, 420 E. St. Patrick Street , for an On-Off Sale Malt Beverage License Renewal

102.    United Foods, Inc. dba Toby’s Casino, 720 E. North Street , for an On-Off Sale Malt Beverage License Renewal

103.    United Foods, Inc. dba Toby’s Casino, 710 Cleveland Street , for an On-Off Sale Malt Beverage License Renewal

104.    Lybecks Twenty-First Century, Inc. dba Shenanigan’s Casino, 3788 East Highway 44, for an On-Off Sale Malt Beverage License Renewal

105.    Dean’O’s Casino, Inc. dba Dean’O’s Casino, 903 E. North Street , for an On-Off Sale Malt Beverage License Renewal

106.    MG Oil Company dba Warehouse Bar & Casino, 200 E. Main Street , for an On-Off Sale Malt Beverage License Renewal

107.    MG Oil Company dba #2 East North Casino, 230 E. North Street, for an On-Off Sale Malt Beverage License Renewal

108.    MG Oil Company dba East St. Patrick Casino, 1226 E. St. Patrick Street , for an On-Off Sale Malt Beverage License Renewal

109.    MG Oil Company dba Haines Avenue Casino, 1735 Haines Avenue , for an On-Off Sale Malt Beverage License Renewal

110.    MG Oil Company dba LaCrosse Street Casino No. 1, 720 N. LaCrosse Street Suite A, for an On-Off Sale Malt Beverage License Renewal

111.    MG Oil Company dba LaCrosse Street Casino No. 2, 720 N. LaCrosse Street , for an On-Off Sale Malt Beverage License Renewal

112.    MG Oil Company dba Rushmore Casino, 1808 Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal

113.    MG Oil Company dba BP Casino, 609 Mt. View Road , Suite C-1, for an On-Off Sale Malt Beverage License Renewal

114.    Carolyn’s Casinos, Inc. dba Carolyn’s Casino, 512 West boulevard, for an On-Off Sale Malt Beverage License Renewal

115.    M&B Investments, Inc. dba Hideaway Casino, 1575 LaCrosse Street, Suite D, for an On-Off Sale Malt Beverage License Transfer (from Merle Bach)

116.    M&B Investments, Inc. dba Hideaway Casino, 1575 LaCrosse Street, Suite D, for an On-Off Sale Malt Beverage License Renewal

117.    Robbinsdale Rec Center, Inc. dba Robbinsdale Rec Center, 805 E. St. Patrick Street , for an On-Off Sale Malt Beverage License Renewal

118.    Wyngard Pot-O-Gold Casino, Inc. dba Pot-O-Gold Casino, 1300 Centre Street, for an On-Off Sale Malt Beverage License Renewal

119.    Cimarron Casino, Inc. dba Main Street Gap Casino, 1727 West Main Street , for an On-Off Sale Malt Beverage License Renewal

120.    Cimarron Casino, Inc. dba Chicago Street Casino, 3609 Sturgis Road , for an On-Off Sale Malt Beverage License Renewal

121.    Cimarron Casino, Inc. dba Eastside Plaza Casino, 1000 Cambell Street , for an On-Off Sale Malt Beverage License Renewal

122.    Wyngard Pot-O-Gold Casino, Inc. dba Jackson Boulevard Casino, 2020 Jackson Boulevard , for an On-Off Sale Malt Beverage License Renewal

123.    Continental Leisure, Inc. dba Carousel Casino, 2050 West Main Street , for an On-Off Sale Malt Beverage License Renewal

124.    The Retired Enlisted Association, Chapter 29 (Northgate Bingo), 905 E. North Street , for an Off-Sale Malt Beverage License Renewal

125.    South Dakota Vending, Inc. dba Happy Jack’s, Too, 909 St. Patrick Street , for an On-Off Sale Malt Beverage License Renewal

126.    South Dakota Vending, Inc. dba Happy Jack’s West, 1925 West Main Street, Suite 1 , for an On-Off Sale Malt Beverage License Renewal

127.    South Dakota Vending, Inc. dba Happy Jack’s Downtown, 713 Omaha Street , for an On-Off Sale Malt Beverage License Renewal

128.    South Dakota Vending, Inc. dba Happy Jack’s Cambell, 1601 Cambell Street, Suite 3 , for an On-Off Sale Malt Beverage License Renewal

129.    South Dakota Vending, Inc. dba Happy Jack’s East, 909 E. St. Patrick Street, Suite 20 , for an On-Off Sale Malt Beverage License Renewal

130.    Omaha players Company dba Happy Jacks-Omaha, 1117 West Omaha Street , for an On-Off Sale Malt Beverage License Renewal

131.    Western Dakota Gaming, Inc. dba Valley Sports Casino, 1865 South Valley Drive , for an On-Off Sale Malt Beverage License Renewal

132.    Colonial House, Inc. dba Colonial House, 2501 Mt. Rushmore Road , for an On-Off Sale Malt Beverage License Renewal

133.    Black Hills Food Services, Inc. dba Fuddruckers, 2106 N. Maple Avenue , for an On-Off Sale Malt Beverage License Renewal

134.    Shooters, Inc. dba Shooters, 2424 W. Main Street , for an On-Off Sale Malt Beverage License Renewal

135.    D&S Time Square, Inc. dba Time Square Casino, 355 Eleventh Street , for an On-Off Sale Malt Beverage License Renewal

136.    Rapid City Elks Lodge No. 1187, 3333 E. 39th Street , for an On-Off Sale Malt Beverage License Renewal

137.    Nifty Fifties, Inc. dba Parkway Restaurant, 312 East Boulevard North , for an On-Off Sale Malt Beverage License Renewal

138.    Shotgun Willies, Inc. dba Shotgun Willies, 2808 W. Main Street , for an On-Off Sale Malt Beverage License Renewal

139.    Angie’s Inc. dba Angie’s, 1028 E. North Street , for an On-Off Sale Malt Beverage License Renewal

140.    Fox Family Enterprises, Inc. Rodeway Inn , 2208 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

141.    WR Rapid City Ventures, LP dba Oakleaf Beer Garden, 2211 N. LaCrosse Street, for an On-Off Sale Malt Beverage License Renewal

142.    Hotel Management Company, Inc. dba Hotel Alex Johnson, 523 Sixth Street , for an On-Off Sale Malt Beverage License Renewal

143.    James Berendes dba Queen of Hearts Casino, 316 East Boulevard , for an On-Off Sale Malt Beverage License Renewal

144.    High Plains Securities, Inc. dba St. Joe Pub, 710 St. Joseph Street , for an On-Off Sale Malt Beverage License Renewal

145.    Rapid Bowl, Inc. dba Meadowood Lanes, 3809 Sturgis Road , for an On-Off Sale Malt Beverage License Renewal  

Set for Hearing ( July 7, 2003 )

146.    Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive, for an On-Sale Wine License (New License – No Video Lottery)

147.    Kelly’s Sports Lounge II, Inc. dba Harold’s Prime Rib/Kelly’s Sports Lounge, 318-320 East Boulevard, for an On Sale Liquor License Transfer (from Harold’s Prime Rib, Inc.)

148.    Rapid City Fine Arts Council, Inc. dba Dahl Fine Arts Center, 713 Seventh Street, for a Special Malt Beverage License to be used on July 12, 2003

149.    Rapid City Fine Arts Council, Inc. dba Dahl Fine Arts Center, 713 Seventh Street, for a Special Wine License to be used on July 12, 2003

150.    Rapid City Fine Arts Council, Inc. dba Dahl Fine Arts Center, 713 Seventh Street, for a Special Malt Beverage License to be used on July 25, 2003

151.    Rapid City Fine Arts Council, Inc. dba Dahl Fine Arts Center, 713 Seventh Street, for a Special Wine License to be used on July 25, 2003  

CONSENT CALENDAR ITEMS – 152-184  

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.  

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  

Set for Hearing (None)  

Public Works Committee Consent Items

152.    Request the Public Works Department staff to work with Phil Gehrels to inventory and determine what ramps are usable; and take the bike park project to the Parks and Recreation Committee to identify a site for a proposed bike park; and bring forth a recommendation at the July 1, 2003 Public Works Committee meeting.

153.    Refer the ordinance relating to signs in the right-of-way to the Ordinance Review Committee for their recommendation on real estate signs and political signs in the right-of-way; and bring forth a recommendation as soon as possible.

154.    Request staff to look at the railroad crossing on East New York Street and bring back a recommendation at the July 1, 2003 Public Works Committee meeting on the cost to repair the crossing.

155.    Request staff to proceed with the right-of-way acquisition for the West Chicago and 44th Street project.

156.    No. PW061003-01 – Authorize Mayor and Finance Officer to sign an agreement with Black Hills Power, Inc. to replace an existing guy wire in Tract I, Rapid City Greenway Tracts SW1/4, Section 9, T1N, R7E, BHM, Pennington, South Dakota; and request the City Attorney’s Office to prepare the formal agreement.

157.    Approve the delivery route status of Sheridan Lake Road ; and request staff to review the speed limit on Sheridan Lake Road for trucks and bring forward a recommendation.

158.    No. PW061003-02 – Approve the Resolution Setting the time and place for hearing (July 7, 2003) on Assessment Roll for ST02-1214, Block 11 (South Park Addition) Alley Paving project.

159.    Request staff to research and bring forward a recommendation in thirty (30) days to the Public Works Committee on the procedures for street/infrastructure utility repairs.

160.   Approve the appointment of a five person committee (Leonard Swanson, Aldermen Kooiker and Rodriguez, and two to be named during the Council meeting) to review the consultant selection process.

161.    Request staff to prepare the ordinances to implement the reorganization plan.  

Legal & Finance Committee Consent Items

162.   No. LF061103-01 - Approve Appointment of Dennis Bendt to the RSVP Advisory Council for a Three Year Term.

163.    Request that the Mayor review the makeup of the current AOB committee and bring forward additional or new members; and reappoint new members as necessary.

164.   Request the Police Department to begin keeping statistics on rapes, molestations, incest, etc., and take this to the AOB committee for their review and recommendation.

165.   No. LF061103-02 Authorize Mayor to Sign Department of the Air Force Amendment No. 3 to License No. USAF-ACC-FXBM-3-00-493.

166.    No. LF061103-03 – Approve Travel Request for Chief Shepherd to Attend International Association of Fire Chiefs Conference in Dallas , TX , August 22-25, 2003 , in the Sum of $1,755.75.

167.   No. LF061103-04 – Authorize Mayor and Finance Officer to Sign Agreement for Paramedic Intercept Services with the Hot Springs Volunteer Ambulance Service.

168.    No. LF-61103-05 – Authorize Mayor and Finance Officer to Sign Contract for Primary Education Course with Mountain Plains Health Consortium

169.    No. LF061103-06 – Approve Amendment to Joint Resolution Establishing Geographic Information System (GIS) Standard Products and Data Pricing List.

170.    No. LF061103-07 – Approve the Land Information (LIS) Task Force Bylaws Revisions.

171.    No. LF061103-08 – Approve the GIS/IMS Master Plan Update Implementation Plan.

172.   Refer the issue of liability insurance for organizations using the City Bandshell (i.e. Music in the Park) to the Insurance Committee for review and recommendation.

173.    No. LF061103-09 – Approve Renewal of Contract with Employer Reinsurance.

174.   No. LF061103-10 – Authorize Mayor and Finance Officer to Sign EDA Grant Application and Grant Award for Construction of the Business Accelerator in Rapid City (No City Funds Involved).

175.    No. LF061103-19 – Approve Resolution Declaring Property Surplus.

176.   No. LF061103-14 – Authorize Mayor and Finance Officer to Sign 2003 Lobbyist Employer Expense Report Form.

177.    No. LF061103-15 – Authorize Mayor and Finance Officer to Sign Sublease with Gikling and Wilson, Inc. dba Black Hills Harley-Davidson.

178.    Approve the Following Licenses: Mechanical Contractor: Roland W. Fielder dba Mike’s Mobile Home Service; Dan L. Meyer, Meyer Mechanical; Mechanical Installer: Greg Cyriacks; Mechanical Apprentice: Kalvin Christensen; Plumber: Brian Boock; Kenny Ryman.  

Raffle Consent Items

179.    No. CC061603-02 – Notification from Zonta Club of the Black Hills of their intent to conduct a raffle, drawing to be held on October 2, 2003 .  

Planning Department Consent Items

180.    No. 03AN005 - A request by Doeck LLC for a Petition for Annexation 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 .  

181.    No. 03AN006 - A request by Russell Engesser for G&G Investments, WREA for a Petition for Annexation on the SW1/4 NW1/4 less Lots H1 and H2 & ROW; and, SE1/4 NW1/4; and, N1/2 SW1/4 less Lots H1 and H2 and ROW; and, N1/2 SE1/4; all located in Section 34, T2N, R8E, BHM, Pennington County, South Dakota; and, S1/2 SW1/4 less Lots H1 and H3 and ROW and less Lot 1 of Neff's Subdivision #3, Section 34, T2N, R8E, BHM, Pennington County, South Dakota; and Lot 1 of Neff's Subdivision #3, Section 34, T2N, R8E, BHM, Pennington County, South Dakota; and, the N1/2 GL3 and N1/2 GL4 less Lots H1 and H2, all located in Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located east of Elk Vale Road, west of Reservoir Road, north of Twilight Drive and south of Interstate 90 Exit 61.  

182.    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.  

183.    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.  

184.    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.  

END OF CONSENT CALENDAR  

Public Comment on Item 185  

PUBLIC HEARING

185.    No. CC061603-03 - Proposed Lease with Hubbard Feeds, Inc.  

Public Comment on Items 186-192

PLANNING DEPARTMENT - HEARINGS

186.    No. 03CA013 - A request by FMG Inc. for Bypass LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 16.42 acre parcel of land from Light Industrial to General Commercial with a Planned Commercial Development 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 S60º29'01"W, 1167.82 feet to a point; thence S74º51'58"W, 321.14 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.  

187.    No. 03SE001 - A request by 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.  

188.    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.  

189.    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.  

190.    Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements (03SV020).  

191.    No. 03SV020 - A request by Davis Engineering, Inc. for Verlyn and Cindy Bourne for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sewer, water and pavement as per Chapter 16.16 of the Rapid City Municipal Code 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.  

192.    No. 03VR003 - 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.  

Public Comment on Items 193-201  

ORDINANCES & RESOLUTIONS

193.    No. LF052803-08 – Second 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.  

194.    No. LF052803-09 Second 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.  

195.    No. LF052803-10Second 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.  

196.    No. LF052803-11Second 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.  

197.    No. 03RZ020 - Second 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.  

198.    No. 03RZ021 - Second 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.  

199.    No. LF061103-13 – First Reading , Ordinance 3951 entitled An Ordinance Modifying the Regulation of Signs within the City of Rapid City by Amending Sections 15.28.050, 15.28.060, 15.28.080, 15.28.120, 15.28.160, 15.28.250, and 15.28.270 of the Rapid City Municipal Code.  

200.    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 description: Commencing at a point along the east section line of Section 28, said point being 607.94 feet south of the NE corner of Section 28; thence S00º01'17"E, 1106.92 feet to a point along the east section line of Section 28; thence S89º58'15"W, 399.77 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, said point being 607.94 feet south of the NE corner of Section 28 at the point of beginning, located north and west of the intersection of I-90 and Elk Vale Road.  

201.    No. 03RZ023 – First Reading, Ordinance 3952, a request by Robert Stiehl for a Rezoning from Neighborhood Commercial District to General Commercial District on Lots 1 and 2 of Tract A; the balance of Tract A; and Tract B, all located in Robbinsdale #7 Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 402 E. Fairmont Boulevard.  

Public Comment on Items 202-206

LEGAL & FINANCE COMMITTEE ITEMS

202.    No. LF061103-17 – Request that staff prepare a resolution requesting that the Council members submit to the Council leadership a list of department budgets they would be interested in doing an in-depth review of and have that list to the Council leadership by Monday night. Council leadership will make assignments to assure that all parts of the budget are reviewed.  

203.    No. CC061603-04 - Resolution to Establish Funding for City of Rapid City Healthcare Plan.

204.    Payment of legal fees in the sum of $7,257.40 to Day, Morris & Schreiber for opinion regarding impact fees.  

205.    No. LF061103-11 – Authorize Mayor and Finance Officer to Sign Agreement with Dr. Jeff Bendt for Public Improvements on Catron Boulevard . 

206.    No. 061103-18 – Resolution to Amend the AFSCME Union Compensation Wage Plan to Establish the Position of Assistant Golf Professional .  

Public Comment on Item 207  

PUBLIC WORKS COMMITTEE ITEMS

207.    No. CC061603-05 - Heidiway Lane Sanitary Sewer Extension

FINANCE OFFICE REPORT  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT  

PUBLIC WORKS DIRECTOR REPORT  

CITY ATTORNEY’S REPORT  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADJOURN