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ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.
Please remember to turn all cellular phones off or to vibrate when entering the council chambers.
AGENDA FOR THE CITY
COUNCIL
City of Rapid City, South Dakota
September 15, 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
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.
1.
Rex Conrad, Flags & Wheels – On-Premise Sign
BID
OPENINGS
2.
No. CC091503-01 - 8th Street Water Main Extension Project No.
W03-1308 (Opened on
3.
No. CC091503-01 – Northeast Area Sanitary Sewer Interceptor – Phase
1, Project No. SS03-1250 (Opened on
ITEMS FROM THE MAYOR
4.
Veteran of the Month Award
5.
Employee Awards
6. Confirm the
appointment of Theresa Maule as City Attorney
7. No. LF091003-09 –
Authorize the Mayor and Finance Officer to sign Memorandum of Understanding
between the City of Rapid City and the Local 1031, Council 59, American
Federation of State, County, and Municipal Employees AFL-CIO (General and
Library); the Fraternal Order of Police South Dakota Lodge 2A; and the
International Association of Firefighters Local 3959 regarding the Addendum to
the City’s Healthcare Plan.
8. No. CC090203-03R(1) -
Second
ITEMS
FROM COUNCIL MEMBERS/LIAISON REPORTS
MOTIONS
FOR DELIVERY OF ITEM FROM COMMITTEE
CONTINUED
ITEMS CONSENT CALENDAR – Items
9-30
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
Continue
the following items until October 6, 2003:
9. 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.
10. 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.
11. 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.
12. No. 02PL116
- A request by Dream Design International, Inc.
for a 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.
13. No. 03PL030
- A request by
14. No. 03PL035
- A request by
15. 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 thru 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.
16. 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.
17. 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.
18. No. 03PL052
- A request by Dream Design International, Inc.
for a 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.
19. No. 03PL063
- A request by
20. No. 03PL067
- A request by FMG, Inc. for Bypass LLC
for a Preliminary
Plat on Lots 1 through 9 of Block 1,
Lots 1 through 3 of Block 2, Lots 1 through 6 of Block 3, all of I-90 Heartland
Business Park, and dedicated public right-of-way shown on Elk Vale Road, Seger
Drive, Taggart Road and Galt Court 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.
21. No. 03PL068
- A request by Dream Design International, Inc.
for a Final
Plat on Lots 10-12, Block 4; Lots
1-11, Block 17; Lots 12-22, Block 15; Lots 3-5, Block 16 of Big Sky Subdivision
and dedicated Elmer Street, Aurora Drive, Carl Avenue and Major Drainage
Easements located in the N1/2NW1/4SE1/4 of Section 3, T1N, R8E, BHM, Rapid City,
Pennington County, South Dakota, legally described as the
unplatted balance of the NW1/4 SE1/4 less Big Sky Subdivision, Section 3, T1N,
R8E, BHM, Rapid City, Pennington County, South Dakota, located north
of South Pitch Drive and Elmer Street.
22. No. 03PL079
- A request by Renner & Sperlich Engineering
for Doyle Estes for a Preliminary
and Final Plat on Lot 2R and Lot BR of
the Washburn Lot, located in Government Lot 4, Section 2, T1N, R7E, BHM, Rapid
City, Pennington County, South Dakota, legally described as Lot
2, less Lot H-1 of Lot 1 and 2 of the Washburn Lot, and Lot B of the Washburn
Lot, located in Government Lot 4, Section 2, T1N, R7E, BHM, Rapid City,
Pennington County, South Dakota, located southeast
of the intersection of West Main Street and Jackson Boulevard.
23. No. 03PL081
- A request by
24. No. 03PL082
- A request by Fisk Land Surveying &
Consulting Engineers for Dan O'Brien for a Layout
Plat on Lots 1 through 33 of Block 10 of Fairway Hills PRD and dedicated
Right-of-Way, located in the W1/2 of Section 15, T1N, R7E, BHM, Rapid City,
Pennington County, South Dakota, legally described as Lot
3 and a portion of Lot 3A of Fairway Hills PRD and a portion of the unplatted
portion, less Lot H1, of the NW1/4 SW1/4 of Section 15, T1N, R7E, BHM, located
in the W1/2 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South
Dakota, located east of the intersection of Sheridan Lake Road and Heidiway Lane and along
Fairway Hills Drive.
25. No. 03PL084
- A request by
26.
No. 03RZ030 – Second Reading, Ordinance
3974, a request by
27. 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 3960
Corral Drive.
28. No. 03SV028
- A request by Dream Design International for
Doyle Estes (DTH LLC) for a Variance
to the Subdivision Regulations to waive the requirement to install curb, gutter,
sidewalk, sewer, watermain and street light conduit as
per Chapter 16.16 of the Rapid City Municipal Code on Lot
3-7, Block 13; and dedicated Streets, Big Sky Subdivision, located in the SE1/4
NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota,
legally described as S1/2 GL3 less Big Sky
Subdivision; S1/2 GL4 less Lot H1 and Less Lot H3; SE1/4 NW1/4 less Big Sky
Subdivision and Less Right-of-Way, Section 3, T1N, R8E, BHM, Rapid City,
Pennington County, South Dakota, located along
Buddy Court off of Degeest Drive.
29. No. 03SV029
- A request by Fisk Land Surveying &
Consulting Engineers for Canyon Lake Church of God for a Variance to the Subdivision Regulations
to allow a sidewalk on one side of streets in lieu of both sides as per Chapter
16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Hillsview Subdivision #2 and dedicated right-of-way,
Section 4, SW1/4 SW1/4 of T1N, R7E, BHM, Rapid City, Pennington County, South
Dakota, legally described as Lot 1 in
SW1/4 SW1/4, less Lot H1 and H2 of
said Lot 1 of the SW1/4 SW1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington
County, South Dakota, located at 1829
Hillsview Drive.
30. No. 03SV030
- A request by Fisk Land Surveying &
Consulting Engineers for Dan O'Brien for a Variance
to the Subdivision Regulations to waive the requirement to install sidewalks on
one side of the street as per Chapter 16.16 of the Rapid City Municipal Code
on Lots 1 through 33 of Block 10 of Fairway
Hills PRD and dedicated Right-of-Way, located in the W1/2 of Section 15, T1N,
R7E, BHM, Rapid City, Pennington County, South Dakota, legally described
as Lot 3 and a portion of Lot 3A of Fairway Hills PRD and a portion of the
unplatted portion, less Lot H1, of the NW1/4 SW1/4 of Section 15, T1N, R7E, BHM,
located in the W1/2 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County,
South Dakota, located east of the
intersection of Sheridan Lake Road and Heidiway Lane and along Fairway Hills
Drive.
End
of Continued Items Consent Calendar
SPECIAL
ORDERS
MATTERS TO
BE RECONSIDERED
ALCOHOLIC BEVERAGE LICENSE APPLICATIONS
Hearings
31.
Rapid City Fine Arts Council dba Dahl Arts Center, 713 Seventh Street,
for a Special Malt Beverage License to be used on September 26, 2003 at the Dahl
Museum
32.
Rapid City Fine Arts Council dba Dahl Arts Center, 713 Seventh Street,
for a Special Wine License to be used on September 26, 2003 at the Dahl Museum
33.
Rapid City Fine Arts Council dba Dahl Arts Center, 713 Seventh Street,
for a Special Malt Beverage License to be used on October 24, 2003 at the Dahl
Museum
34.
Rapid City Fine Arts Council dba Dahl Arts Center, 713 Seventh Street,
for a Special Wine License to be used on October 24, 2003 at the Dahl Museum
35.
Rapid City Softball Association, for a Special Malt Beverage License to
be used on October 4, 2003 at the Fine Arts Building at the Central States
Fairgrounds, for the Darwin Shoop Benefit Fundraiser
Set
for Hearing
(None)
CONSENT
CALENDAR ITEMS – 36-75
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
36. Approve a request from Fischer
Furniture to erect tent in the public right-of-way at
37. No. PW090903-01 – Approve Change Order No. 02F for Knollwood Detention Pond Element 310 Project No. DR00-902 to RCS Construction, Inc. for an increase of $13,004.88.
38.
No. PW090903-02 - Approve Change Order No.
03 for
39. No. PW090903-03 - Approve Change Order No. 02F for Carriage Hills Water Transmission Main Extension Project No. W02-1234 to Mainline Contracting, Inc. for an increase of $1,675.60.
40.
No.
PW090903-04 - Approve Changer Order No. 01F for
41. No. PW090903-05 - Authorize staff to advertise for bids for Paper Refuse Bags for Solid Waste Operations.
42. No. PW090903-06 - Authorize staff to advertise for bids for Water Treatment Plant Roof Repair Project No. WTP03-1259.
43. No. PW090903-08 - Authorize Mayor and Finance Officer to sign First Amendment to the Sewer Service Agreement with Black Hawk Sanitary District.
44. No. PW090903-10 - Authorize Mayor and Finance Officer to sign a Professional Service Agreement with Fisk Land Surveying & Consulting Engineers, Inc. to Design Heidiway Lane Sanitary Sewer Extension Project No. SS01-1061 for an amount not to exceed $11,715.
45.
No. PW090903-11 - Authorize Mayor and Finance Officer to sign a
Professional Service Agreement with Ferber Engineering Company, Inc. to
46.
Authorize Mayor and Finance Officer to sign a Professional Service
Agreement with CETEC Engineering Services, Inc. to Perform Water Right
Acquisition Negotiations for
47. No. PW090903-13 - Approve a Resolution for Application for Land and Water Conservation Fund a matching grant for public outdoor recreation projects.
48. No. 03TP006 - Approve the Final 2004-2008 Transportation Improvement Program.
49.
No. PW090903-14 - Approve the
50.
No. 03VE010 - Approve a
Vacation of Utility and Minor Drainage Easement for Fisk Land Surveying &
Consulting Engineers for Debra Ross on Lot 3 of Block 3 of Northridge
Subdivision, Section 24, T2N, R7E, BHM,
51.
No. 03VE012 - Deny without
prejudice a Vacation of a Minor Drainage Easement for Hermanson Egge
Engineering, Inc. for Robert Pagan on Lot 3R of Pinedale Heights, Section 5,
T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of
West Main Street along Pinedale Heights Drive.
Legal
& Finance Committee Consent Items
52.
No. LF091003-01
– Approve Travel Request for Mayor Shaw and Ron Kroeger
to attend the National League of Cities in Nashville, TN, from December 9-13,
2003, in an approximate amount of $3,274.
53.
Request that staff draft an ordinance specifying that the Council minutes
in written form are the official journal.
54.
No. LF091003-02
- Authorize Mayor and Finance Officer to sign Cooperative
Agreement between Rapid City Police Department and Bureau of Alcohol, Tobacco,
Firearms and Explosives.
55.
No. LF091003-03 – Authorize Mayor and Finance
Officer to sign Contracts with the Department of Environment and Natural
Resources for the Air Quality Program.
56.
No. 03TP007 – Authorize Mayor and Finance Officer to
57.
No. 03TP008 –
Approve the Citizens Advisory Committee Bylaws, the Technical Coordinating
Committee Bylaws and the Executive Policy Committee Bylaws Operations Plan as
approved by the Rapid City Metropolitan Planning Organization.
58. No.
03TP009 – Approve the Operations Plan as approved by the Rapid City
Metropolitan Planning Organization to incorporate a portion of
59.
No. 03TP010 –
Approve Participation Plan as approved by the Rapid City Metropolitan Planning
Organization to incorporate a portion of
60. No.
LF081303-10 – Approve Resolution to Abolish Position Titles Within the
City’s Compensation Plan.
61. No.
LF081303-13 – Approve Resolution to Amend the AFSCME Union Compensation
Wage Plan to Establish the Position of Traffic Operations Worker.
62.
No. LF081303-14
– Approve Resolution to Amend the AFSCME Union Compensation Wage Plan to
Establish the Position of Water Reclamation Maintenance Technician.
63.
No. LF091003-06 –
Authorize Mayor and Finance Officer to sign Instructional Contract Proposal.
64. Change the following Legal &
Finance Committee meeting dates:
65.
No. LF091003-07 – Authorize Mayor and Finance Officer to sign Contract Renewal with
Johnson Controls for
66.
No. LF091003-08 –
Authorize Mayor and Finance Officer to sign Contract Renewal with Johnson
Controls for Energy Plant at an annual cost of $13,500 (3% Increase).
67. No.
LF091003-10 – Approve Travel Request for Theresa Maule to attend Zoning
& Land Use in South Dakota Seminar in Sioux Falls, South Dakota, from
October 22-23, 2003, in the approximate amount of $615.
68.
No. LF091003-14 – Approve the following abatement:
Janet L. Lester, 2002, $1,618.70.
69. Approve the following licenses: Plumber:
Daryl Aston, Scott M. Martin; Security Business: Aramark Facility
Services, Michael David Gebeke; Sewer & Water Journeyman: Jeremy
Larson.
Planning
Department Consent Items
70. 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.
71. No. 03PL069
- A request by Renner & Sperlich Engineering
for Thomas J. Farrar for a Preliminary
and Final Plat on Lots 6A and 6B of
Block 2, Century Park Subdivision located in E1/2 of SW1/4, Section 27, T2N,
R7E, BHM, Rapid City, Pennington County, south Dakota, legally described
as Lot 6 of Block 2 of Century Park Subdivision located in E1/2 of SW1/4,
Section 27, T2N, R7E, BHM, Rapid City, Pennington County, south Dakota,
located along Samco Road.
72. No. 03PL077
- A request by Centerline, Inc. for 3 T's Land
Development LLC for a Final Plat on Lots 31 thru 40,
Minnesota Ridge Subdivision, located in the SW1/4 of Section 13, T1N, R7E, BHM,
Rapid City, Pennington County, South Dakota, legally described as a
portion of Tract C of Robbinsdale Addition No. 10 located in the SW1/4 of
Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota,
located west of the intersection of Minnesota
Street and 5th Street.
73. No. 03PL078
- A request by Centerline for 3 T's Land
Development LLC for a Final
Plat on Lots 9A and 9B in Block 28,
Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington
County, South Dakota, legally described as Lot 9 in Block 28, Robbinsdale Addition No. 10 and an unplatted portion of
Tract C in Minnesota Ridge Subdivision, all located in Section 13, T1N, R7E,
BHM, Rapid City, Pennington County, South Dakota, located west
of the intersection of 5th Street and Minnesota Street.
74. No. 03PL080
- A request by FMG, Inc. and John Nooney for
GELD, LLC and Williston Basin Interstate Pipeline Company for a Layout, Preliminary and Final Plat
on Lots 1 through 3 of Block 1 of Geld
Subdivision, located in the NE1/4 of NW1/4 of Section 25, T2N, R7E, BHM, Rapid
City, Pennington County, South Dakota, legally described as Parcel
5 of NE1/4 NW1/4 of Section 25, T2N, R7E, and a portion of Parcel 8 of N1/2
NW1/4 of Section 25, T2N, R7E, and Lot 2 of Block 1 of Tires Plus Addition, and
a portion of the unplatted balance of NE1/4 NW1/4 of Section 25, T2N, R7E, all
located in NE1/4 of NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington
County, South Dakota, located west of
Haines Avenue and north of I-90.
75. No. 03VE011
- A request by
END
OF CONSENT CALENDAR
Public
Comment on Item 76
PUBLIC
HEARING
76. No. CC091503-02 – Resolution
Levying Assessment for Sidewalk Improvement Project SWK02-1139.
Public
Comment on Items 77-79
PLANNING
DEPARTMENT - HEARINGS
77. No. 03SV024
- A request by Centerline, Inc. for Lazy P-6
Properties, LLC for a Variance
to the Subdivision Regulations to waive the requirement to install curb, gutter,
sidewalk, street light conduit, sewer and water
as per Chapter 16.16 of the Rapid City Municipal Code on Lot
1 of Block 1, Lazy P-6 Subdivision, Section 19, T1N, R8E, BHM, Rapid City,
Pennington County, South Dakota, legally described as NW1/4
NW1/4 NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South
Dakota, located in the southeast quadrant
of the current Parkview Drive terminus.
78. No. 03SV031
- A request by Renner & Sperlich Engineering
Co. for Eldene Henderson for a Variance
to the Subdivision Regulations to waive the requirement to install curb, gutter,
sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lot
7R and Lot 8R of Madison's
Subdivision located in the E1/2 SW1/4, Section 13, T2N, R7E, BHM, Rapid City,
Pennington County, South Dakota, legally described as Lot
7 and Lot 8 of Madison's Subdivision located in the E1/2 SW1/4, Section 13, T2N,
R7E, BHM, Rapid City, Pennington County, South Dakota, located along
North Haines Avenue.
79. No. 03VR009
- 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.
Public
Comment on Items 80-93
ORDINANCES & RESOLUTIONS
80.
No. 03OA007 – First Reading, Ordinance 3967 entitled An Ordinance Increasing the Spacing
Requirements for Adult Oriented Businesses from 400 Feet to 1000 Feet and to
Clarify the Prohibition of Adult Oriented Businesses in the Central Business
District by Amending Chapter 17.50 of the Rapid City Zoning Ordinance.
81. No. LF082703-04 – Second Reading, Ordinance
3969
entitled An Ordinance Amending the Regulations of Parking within the City of
Rapid City by Amending Sections 10.40.010, 10.40.020, 10.40.030, 10.40.040,
10.40.050, 10.40.100, 10.40.120, 10.40.160, 10.40.170 of Chapter 10.40 and
Sections 10.44.010, 10.44.020, 10.44.040, 10.44.050, 10.44.060, and 10.44.150 of
Chapter 10.44 of the Rapid City Municipal Code.
82.
No. LF082703-05 –
Second
83.
No. LF082703-06 – Second
84.
No. 03RZ029 – Second Reading,
Ordinance 3973, a request by the
City of Rapid City for Walter Linderman to consider an application for a Rezoning from No Use District to Medium
Density Residential District on a portion of Lots 3 thru 6, Block 1
Terracita Park Subdivision, Section 13, T1N, R7E, BHM Rapid City, Pennington
County, South Dakota, more fully described by metes and bounds as follows: Lots
3 thru 6, Block 1, Terracita Park Subdivision, Section 13 less a portion of the
S1/2 NW1/4 SE1/4, Section 13, T1N, R7E, BHM Rapid City, Pennington County, South
Dakota, more fully described as follows: Commencing at the southwest corner of
Block 27 of Robbinsdale Addition No. 10, Thence, N89º42’39”E along the
southerly boundary of said Block 27 of Robbinsdale Addition No. 10, a distance
of 92.68 feet, to the Point of Beginning; Thence, first course: N89º42’39”E
along the southerly boundary of said Block 27 of Robbinsdale Addition No. 10, a
distance of 537.51 feet, to the westerly edge of the right-of-way of Fifth
Street; Thence, second course: southeasterly, along the westerly edge of said
Fifth Street right-of-way, curving to the right on a curve with a radius of
1345.32 feet, a delta angel of 02º36’31”, a length of 61.25 feet, a chord
bearing of S16º44’21”E, and a chord distance of 61.25 feet; Thence, third
course: S89º41’26”W, a distance of 554.84 feet; Thence, fourth course: N00º18’34”W,
a distance of 58.94 feet, to a point on the southerly boundary of said Block 27
of Robbinsdale Addition No. 10, and the Point of Beginning; and, BEGINNING at
the northwesterly corner of said Parcel of Land, said corner bears S57º50’33”
E a distance of 109.85 feet from the southwesterly corner of Block 27 of
Robbinsdale No. 10 which is marked by a 5/8” rebar with survey cap stamped LS
3095 said Block 27 being recorded in the Pennington County Register of Deeds
Office in plat book 27, page 182, said corner being known as the true Point of
Beginning; THENCE FIRST COURSE: a bearing of N89º41’26” E and a distance of
554.84 feet to an intersection with the westerly Right of Way line of Fifth
Street as recorded in the Pennington County Register of Deeds Office in plat
book 27, page 181; THENCE SECOND COURSE: along said Fifth Street Right of Way
line along a curve with a radius of 1345.32 feet and an arc length of 288.80
feet (Chord Bearing of S09º17’06” E and a distance of 288.25 feet) to an
angle point corner of said Fifth Street Right of Way line, which is marked by a
5/8” rebar with survey cap stamped LS 2652; THENCE THIRD COURSE: continuing
along said Fifth Street Right of Way line a bearing of S67º58’34” W and a
distance of 41.30 feet to an angle point corner of said Fifth Street Right of
Way line, which is marked by a 5/8” rebar with survey cap stamped LS 2652;
THENCE FOURTH COURSE: a bearing of S89º41’26” W and a distance of 561.44
feet to the southwesterly corner of said parcel of land; THENCE FIFTH COURSE: a
bearing of N00º18’34”W and a distance of 300.00 feet to the Point of
Beginning; Said Parcel of land contains 4.011 acres more or less. Said Parcel of
land is located in the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, Rapid
City, Pennington County, South Dakota, located at the northwest corner of the
intersection of Minnesota Street and Fifth Street; that portion lying within
Lots 3 thru 6, Block 1, Terracita Park Subdivision, Section 13, T1N, R7E, BHM.
85. No.
LF091003-12 – First
86.
No. LF091003-11 –
First
87.
No. 03RZ031 - First Reading, Ordinance
3977, a request by Walgar Development
for a Rezoning
from Low Density Residential District to Low Density Residential II District
on Lot 19, Block 2, Robbinsdale No. 9; Lot 26, Block 13, Robbinsdale No. 8;
Lot 42, Block 11, Robbinsdale No. 8; all located in Section 18, T1N, R8E, BHM,
Rapid City, Pennington County, South Dakota, located along
Sitka Street.
88. No. 03RZ032 - First Reading, Ordinance 3978 - A request by Walgar Development for a Rezoning
from Low Density Residential II District to Medium Density Residential District
on Lot 16, Block 28, Robbinsdale No. 10, Section 13, T1N, R7E, BHM, Rapid City,
Pennington County, South Dakota, located northeast corner of Alta Vista Drive
and Anamaria Drive.
89. No. 03RZ033 - First Reading, Ordinance 3979 - A request by City of Rapid City for a Rezoning
from No Use District to General Agriculture District on the balance of Tract
A in the E1/2 SW1/4 and the W1/2 SE1/4, Lot 2 of Tract A of the NE1/4 SW1/4, Lot
H1 in Tract A in the E1/2 SW1/4 and the W1/2 SE1/4, Lot H1 in Lot 1 of the Well
Addition in the SW1/4, Lot H1 in the N1/2 SE1/4 NW1/4, Lot H2 in the N1/2 SW1/4
NE1/4 lying south and west of SD Highway 44 and railroad right-of-way, Lot H5 in
the NE1/4 NW1/4 lying south and west of SD Highway 44, and Lot H2 in the NW1/4
NE1/4 lying south and west of SD Highway 44 and railroad right-of-way, the 100
foot South Dakota Railroad Authority right-of-way lying adjacent and north of
Lot H2 in the NW1/4NE1/4 and Lot H5 in the NE1/4NW1/4 and Lot H2 in the
N1/2SW1/4NE1/4, all located in Section 9, T1N, R8E, BHM, Pennington County,
South Dakota; and, Lot H1 amending the original plat of Lot H1 as recorded in
Book 9 Hwy of Plats – Page 54 – dated January 5, 1998 in the N1/2NW1/4 of
Section 16, T1N, R8E, BHM, Pennington County, South Dakota; and, Lot H1 amending
the original plat of Lot H1 as recorded in Book 9 Hwy of Plats – Page 52 –
dated January 5, 1998 in the S1/2NW1/4 of Section 16, T1N, R8E, BHM, excepting
therefrom the following described land: the west 210 feet of the north 600 feet
of the NE1/4SE1/4NW1/4 and the east 190 feet of the north 600 feet of the
NW1/4SE1/4NW1/4 of said Section 16; the balance of the S1/2NE1/4SE1/4NW1/4 of
said Section 16; and the SW1/4SW1/4SW1/4NW1/4 of said Section 16, Pennington
County, South Dakota; and, Lot H1 in the NE1/4SE1/4 of Section 17, T1N, R8E,
BHM, Pennington County, South Dakota, located south of SD Highway 44, west of
Jolly Lane Drive and east of SD Highway 79.
90. No. 03RZ034 - First Reading, Ordinance 3980 - a request by City of Rapid City and Walter
Linderman for a Rezoning from Office
Commercial District to Medium Density Residential District on a portion of
Lots 3 thru 6, Block 1 Terracita Park Subdivision, Section 13, T1N, R7E, BHM
Rapid City, Pennington County, South Dakota, more fully described by metes and
bounds as follows: Commencing at the southwest corner of Block 27 of Robbinsdale
Addition No. 10, Thence, N89º42’39”E along the southerly boundary of said
Block 27 of Robbinsdale Addition No. 10, a distance of 92.68 feet, to the Point
of Beginning; Thence, first course: N89º42’39”E along the southerly
boundary of said Block 27 of Robbinsdale Addition No. 10, a distance of 537.51
feet, to the westerly edge of the right-of-way of Fifth Street; Thence, second
course: southeasterly, along the
westerly edge of said Fifth Street right-of-way, curving to the right on a curve
with a radius of 1345.32 feet, a delta angel of 02º36’31”, a length of
61.25 feet, a chord bearing of S16º44’21”E, and a chord distance of 61.25
feet; Thence, third course: S89º41’26”W, a distance of 554.84 feet; Thence,
fourth course: N00º18’34”W, a distance of 58.94 feet, to a point on the
southerly boundary of said Block 27 of Robbinsdale Addition No. 10, and the
Point of Beginning; and, BEGINNING at the northwesterly corner of said Parcel of
Land, said corner bears S57º50’33” E a distance of 109.85 feet from the
southwesterly corner of Block 27 of Robbinsdale No. 10 which is marked by a
5/8” rebar with survey cap stamped LS 3095 said Block 27 being recorded in the
Pennington County Register of Deeds Office in plat book 27, page 182, said
corner being known as the true Point of Beginning; THENCE FIRST COURSE: a
bearing of N89º41’26” E and a distance of 554.84 feet to an intersection
with the westerly Right of Way line of Fifth Street as recorded in the
Pennington County Register of Deeds Office in plat book 27, page 181; THENCE
SECOND COURSE: along said Fifth Street Right of Way line along a curve with a
radius of 1345.32 feet and an arc length of 288.80 feet (Chord Bearing of S09º17’06”
E and a distance of 288.25 feet) to an angle point corner of said Fifth Street
Right of Way line, which is marked by a 5/8” rebar with survey cap stamped LS
2652; THENCE THIRD COURSE: continuing along said Fifth Street Right of Way line
a bearing of S67º58’34” W and a distance of 41.30 feet to an angle point
corner of said Fifth Street Right of Way line, which is marked by a 5/8” rebar
with survey cap stamped LS 2652; THENCE FOURTH COURSE: a bearing of S89º41’26”
W and a distance of 561.44 feet to the southwesterly corner of said parcel of
land; THENCE FIFTH COURSE: a bearing of N00º18’34”W and a distance of
300.00 feet to the Point of Beginning; Said Parcel of land contains 4.011 acres
more or less. Said Parcel of land is located in the NW1/4 of the SE1/4 of
Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located
at the northwest corner of the intersection of Minnesota Street and Fifth
Street; that portion lying within Lots 3 thru 6, Block 1, Terracita Park
Subdivision, Section 13, T1N, R7E, BHM.
91. No. 03RZ035 - First Reading, Ordinance 3981 - A request by William Schleining for a Rezoning
from General Commercial District to Public District on a portion of Lot 3 of
Moon Ridge Subdivision located in the E1/2 of the NE1/4, Section 34, T1N, R7E,
BHM, Rapid City, Pennington County, South Dakota; more fully described as
follows: Commencing at the
northeasterly corner of said Lot 3 of Moon Ridge Subdivision and the Point of
Beginning; thence, first course: S07º20'00"W, along the easterly boundary
of said Lot 3, common with the westerly edge of the right-of-way of U.S. Highway
16, a distance of 1337.09 feet, to the southeasterly corner of said Lot 3,
common with the northeasterly corner of the right-of-way of Moon Meadows Drive;
thence, second course: N82º35'35"W, along the northerly edge of the
right-of-way of said Moon Meadows Drive, a distance of 42.53 feet, to a point of
curve; thence, third course: northwesterly, along the northerly edge of the
right-of-way of said Moon Meadows Drive, curving to the left on a curve with a
radius of 1050.00 feet, a delta angle of 06º35'17", an arc length of
120.73 feet, a chord bearing of N86º00'00"W, and a chord distance of
120.67 feet, to a point of tangency; thence, fourth course: N89º15'53"W,
along the northerly edge of the right-of-way of said Moon Meadows Drive, a
distance of 337.71 feet; thence, fifth course:
N89º16'12"W, along the northerly edge of the right-of-way of said
Moon Meadows Drive, a distance of 231.26 feet, to the southwesterly corner of
said Lot 3 of Moon Ridge Subdivision, common with the southeasterly corner of
Lot 1 of Moon Ridge Subdivision; thence, sixth course: N00º12'56"E, along
the westerly boundary of said Lot 3 of Moon Ridge Subdivision, common with the
easterly boundary of said Lot 1 of Moon Ridge Subdivision, a distance of 245.52
feet; thence, seventh course: N26º53'52"E, a distance of 990.49 feet;
thence eighth course: N07º53'52"E, a distance of 178.06 feet, to a point
on the northerly boundary of said Lot 3 of Moon Ridge Subdivision; thence, ninth
course: N89º53'10"E, along the
northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 818.71
feet, to the northeasterly corner of said Lot 3 of Moon Ridge Subdivision, and
the Point of Beginning; said parcel contains 18.177 acres more or less, located
at the intersection of U.S. Highway 16 and Moon Meadows Road.
92. No. 03RZ036 - First Reading, Ordinance 3982 - A request by William Schleining for a Rezoning
from Medium Density Residential District to Public District on a portion of
Lot 3 of Moon Ridge Subdivision located in the E1/2 of the NE1/4, Section 34,
T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described
as follows: Commencing at the northwesterly corner of said Lot 3 of Moon Ridge
Subdivision and the Point of Beginning; thence, first course: N89º53'10"E
along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance
of 818.71 feet; thence, second course: S07º53'52"W, a distance of 178.06
feet; thence, third course: S26º53'52"W, a distance of 990.49 feet, to the
easterly boundary of Lot 1 of Moon Ridge Subdivision; thence, fourth course: N00º12'56"E,
a distance of 169.48 feet, to the northeasterly corner of said Lot 1 of Moon
Ridge Subdivision; thence, fifth course: N89º16'12"W, along the northerly
boundary of said Lot 1 of Moon Ridge Subdivision, a distance of 350.00 feet, to
the northwesterly corner of said Lot 1 of Moon Ridge Subdivision, common with
the southwesterly corner of said Lot 3 of Moon Ridge Subdivision; thence, sixth
course: N00º12'56"E, along the westerly boundary of said Lot 3 of Moon
Ridge Subdivision, a distance of 446.88 feet; thence, seventh course: N00º11'53"E
along the westerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance
of 436.16 feet, to the northwesterly corner of said Lot 3 of Moon Ridge
Subdivision, and the Point of Beginning; said parcel contains 13.469 acres more
or less, located at the intersection of U.S. Highway 16 and Moon Meadows Road.
93. No. 03RZ037 - First Reading, Ordinance 3983 - A request by Renner and Sperlich for Doeck, LLC for
a Rezoning from No Use District to Medium
Density Residential District on a portion of the NW1/4 of the SW1/4, Section
13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully
described as follows: Commencing at the southwest corner of Lot 11 of Block 6 of
Auburn Hills Subdivision, and the Point of Beginning; thence, first course: S00º12'10"W,
along a 1/16 Section Line of Section 13, a distance of 59.68 feet, to the
Southwest 1/16 Section Corner of said Section 13; thence, second course: S89º42'30"W,
along the 1/16 Section Line of said Section 13, a distance of 1319.48 feet, to
the South 1/16 Section Corner common to Sections 13 and 14; thence, third
course: N00º02'42"E, along the 1/16 Section Line common to Sections 13 and
14, a distance of 430.21 feet; thence, fourth course: easterly, curving to the
right on a curve with a radius of 474.00 feet, a delta angle of 09º57'36",
an arc length of 82.40 feet, a chord bearing of N85º13'22"E, and a chord
distance of 82.29 feet, to a point of tangency; thence, fifth course: S89º47'50"E,
a distance of 632.92 feet, to a point of curve; thence, sixth course: easterly,
curving to the right on a curve with a radius of 274.00 feet, a delta angle of
30º10'33", an arc length of 144.31 feet, a chord bearing of S74º42'34"E,
and a chord distance of 142.65 feet, to a point of tangency; thence, seventh
course: S59º37'17"E, a distance of 178.46 feet, to a point of curve on the
southerly edge of the right-of-way of Auburn Drive; thence, eighth course:
easterly, along the southerly edge of the right-of-way of said Auburn Drive,
curving to the left on a curve with a radius of 326.00 feet, a delta angle of 30º27'47",
an arc length of 173.33 feet, a chord bearing of S74º51'10"E, and a chord
distance of 171.29 feet, to a point of tangency; thence, ninth course: N89º54'56"E,
along the southerly edge of the right-of-way of said Auburn Drive, a distance of
66.02 feet, to a point of curve; thence, tenth course: easterly, along the
southerly edge of the right-of-way of said Auburn Drive, curving to the right on
a curve with a radius of 274.00 feet, a delta angle of 17º26'22", an arc
length of 83.40 feet, a chord bearing of S81º21'53"E, and a chord distance
of 83.08 feet, to the northwesterly corner of said Lot 11 of Block 6 of Auburn
Hills Subdivision; thence eleventh course: S00º12'10"W along the westerly
boundary of said Lot 11 of the Block 6 of Auburn Hills Subdivision, a distance
of 183.43 feet, to the southwesterly corner of said Lot 11 of Block 6 of Auburn
Hills Subdivision, and the Point of Beginning; said parcel contains 11.564 acres
more or less, located at the intersection of Chalkstone Drive and Auburn Drive.
Public
Comment on Items 94-108
LEGAL & FINANCE COMMITTEE
ITEMS
94.
Videotaping
of Public Works and Legal & Finance Committee meetings
95.
Request to waive fees for Mary Hall Park.
96.
No. LF091003-04
– Proceed with involuntary annexation
of South Valley Drive Sub-Area No. 3.
97.
No. LF081303-04
– Approve Resolution to Establish the Non-Union Position of
98.
No. LF081303-05
– Approve Resolution to Establish the Non-Union Position of Director
of City Infrastructure.
99. No.
LF081303-06 – Approve Resolution to Establish the Non-Union Position of
Director of City Operations.
100. No.
LF081303-07 – Approve Resolution to Establish the Non-Union Position of
Director of Growth Management.
101. No.
LF081303-08 – Approve Resolution to Establish the Non-Union Position of
Director of Parks and Recreation.
102.
No. LF081303-17 –
Approve Resolution to Establish the Non-Union Position of Community
Planning Coordinator.
103. No.
LF081303-18 – Resolution to Establish the Non-Union Position of Community
Development Specialist
104. No.
CC091503-04 - Resolution
to Amend the Non-Union Position of Building Official
105. No. CC091503-04 - Discussion
and recommendation on the use of funds generated through the lease/lease back
arrangement.
106. Request
from the City Council for an analysis/summary of the risks associated with the lease/leaseback
proposal.
107.
No. LF081303-15 –
Authorize Mayor and Finance Officer to sign TIF 39 Contract for Private Development Agreement between City of Rapid City and A/R
Group, Inc.
108.
No. LF091003-13 –
Authorize Mayor and Finance Officer to sign TIF 40 Contract for Private Development Agreement between City of Rapid City and Gandolf
Group, LLC.
Public
Comment on Item 109
PLANNING
DEPARTMENT ITEM
109. 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.
Public
Comment on Items 110-115
PUBLIC WORKS COMMITTEE ITEMS
110. Request for Water
Service to the West Nike Subdivision, Richard Pluimer,
111. Authorize staff to advertise for bids for a Portable Generator for Utility Maintenance.
112. No. PW090903-09 - Authorize Mayor and Finance Officer to sign Amendment No. 01 to a Professional Service Agreement with Phil Nichols Associates to Design Stoney Creek Water Booster Station and Well House Project No. W03-953 for an amount not to exceed $9,840.
113.
No. PW090903-12 - Approve Alternate No. 03 of the
114. Request that staff bring forward information on the number of agreements Rapid City has to provide services outside the Corporate City Limits; at what percentage of the retail rate is being charged in those agreements; and the renewal date of each agreement so that all interested parties would be placed on notice that Rapid City, to remain consistent, intends to enforce the resolution that established the 150% of the retail rate charged to customers within Rapid City.
115.
Report on South Dakota Department of Transportation reaction to painting crosswalks on
FINANCE
OFFICER’S REPORT
APPROVAL
OF THE BILLS
POLICE
DEPARTMENT REPORT
PUBLIC
WORKS DIRECTOR REPORT
CITY
ATTORNEY’S REPORT
DEVELOPMENT
APPEALS AND REVIEW BOARD REPORT
ADDENDUM
116. Consideration of the Waste Water Treatment Plant
leaseback/sale proposal and a request for an explanation of the
117. First Reading, Ordinance 3984 to Establish the Public Works Department
ADJOURN
