Home Search Options Contact Us

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 September 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.  

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 September 11, 2003 )

3.         No. CC091503-01 – Northeast Area Sanitary Sewer Interceptor – Phase 1, Project No. SS03-1250 (Opened on September 11, 2003 )  

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 Reading, Ordinance 3972, 2004 Appropriation Ordinance  

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 Renner & Sperlich Engineering Co. for Gordon Howie for a 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.  

14.       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.  

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 Fisk Land Surveying and Consulting Engineers for Dakota Land Development for a Final Plat on Lots 1 thru 3, Vista Lake Subdivision #2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 and a portion Lot F-1 of the Fish Hatchery Subdivision, located in the NE1/4 SW1/4 and the N1/2 SE1/4 of Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Jackson Boulevard north of the Fish Hatchery.  

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 Fisk Land Surveying & Consulting Engineers for Canyon Lake Church of God for a Preliminary and Final Plat on Lots 1 and 2 of  Hillsview Subdivision #2 and dedicated right-of-way, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 in SW1/4 SW1/4 of Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, 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.  

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 Renner & Sperlich Engineering Co. for Eldene Henderson for a Preliminary and Final Plat 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.  

26.       No. 03RZ030 – Second Reading, Ordinance 3974, a request by Renner & Sperlich Engineering Company for Steve Moore to consider an application for a Rezoning from Flood Hazard District to Low Density Residential District on a portion of Tract 2 of L-b of Lot L, of the NE1/4 of the SW1/4, and a portion of Lot C of Lot 2 of the SE1/4 of SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows:  Commencing at the northwesterly corner of Tract 2 of Lot L-b of Lot L of the NE1/4 of the SW1/4, common to the southwesterly corner of Tract 4 of Lot L-b of Lot L of the NE1/4 of the SW1/4, common to the easterly edge of Right-of-Way of Creek Drive, and the Point of Beginning; Thence first course: N90Ί00'00"E, along the northerly boundary of said Tract 2, common to the southerly boundary of said Tract 4, a distance of 250.00 feet; Thence, second course: S00Ί00'00"E, a distance of 164.09 feet, to a point on the southerly boundary of said Tract 2, common to a point on the northerly boundary of Lot C of Lot 2 of the SE1/4 of the SW1/4; Thence, third course: S10Ί06'33"E, a distance of 203.45 feet, to a point on the northerly boundary of the south 200 feet of said Lot C; Thence, fourth course: N89Ί57'11"W, along the northerly boundary of the south 200 feet of said Lot C, a distance of 88.00 feet, to a point on the westerly boundary of said Lot C, common to the southeasterly corner of Lot B of Lot 2 of the SE1/4 of the SW1/4 and common to the northeasterly corner of Lot A of Lot 2 of the SE1/4 of the SW1/4; Thence, fifth course: N00Ί13'40"E, along the westerly boundary of said Lot C, common to the easterly boundary of said Lot B, a distance of 200.22 feet, to the northwesterly corner of said Lot C, common to the northeasterly corner of said Lot B; Thence, sixth course:  N90Ί00'00"W, along the southerly boundary of said Tract 2, common to the northerly boundary of said Lot B, a distance of 218.05 feet, to the southwesterly corner of said Tract 2, common to the northwesterly corner of said Lot B, and common to the easterly edge of Right-of-Way of said Creek Drive; Thence, seventh course: N00Ί00"00"E, along the westerly boundary of said Tract 2, common to the easterly edge of Right-of-Way of said Creek Drive, a distance of 123.00 feet, to the westerly corner of said Tract 2, common to a corner on the easterly edge of Right-of-Way of said Creek Drive; Thence, eighth course: N25Ί26'00"E, along the westerly boundary of said Tract 2, common to the easterly edge of Right-of-Way of said Creek Drive, a distance of 45.50 feet, to the northwesterly corner of said Tract 2, common to the southwesterly corner of said Tract 4, and common to the easterly edge of Right-of-Way of said Creek Drive, and the Point of Beginning, located at 1600 Creek Drive.  

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 1710 West Main Street beginning September 23 until October 5, 2003 ; and naming the City of Rapid City as an additional insured.

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 Omaha Street Water & Sewer Utilities and Median Beautification Project Nos. SSW02-1106 & PR02-1215 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $19,013.87.

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 Canyon Lake Park Improvements Project No. PR03-1273 to Simon Contractors of South Dakota for an increase of $654.65.

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 Design East Mall Drive from East North Street to Dyess Avenue Project No. SSW03-1334 for an amount not to exceed $91,345.

46.       Authorize Mayor and Finance Officer to sign a Professional Service Agreement with CETEC Engineering Services, Inc. to Perform Water Right Acquisition Negotiations for Rapid City for an amount not to exceed $2,500.

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 Eglin Street Corridor Study.

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, Rapid City , Pennington County , South Dakota , located at 3711 Lawrence Drive .

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 Sign Joint Cooperative Agreement Incorporating Meade County as a participant of the Metropolitan Planning Organization.

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 Meade County .

59.       No. 03TP010 – Approve Participation Plan as approved by the Rapid City Metropolitan Planning Organization to incorporate a portion of Meade County .

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:  November 26, 2003 , to November 24, 2003 ; and December 31, 2003 , to December 29, 2003 .

65.       No. LF091003-07 – Authorize Mayor and Finance Officer to sign Contract Renewal with Johnson Controls for Milo Barber Center at an annual cost of $4,564 (3% increase).

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 Renner & Sperlich Engineering Co. for Dr. Paul Reinke for a Vacation of Note on Plat on Lot 15, Copper Oaks#2, located in the N1/2 NE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located along Wilderness Canyon Road.  

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 Reading , Ordinance 3970 entitled An Ordinance Amending the Renewal Fee for Class B Electrical Licenses by Amending Section 15.16.020(G), License Fees, of Chapter 15.16 of the Rapid City Municipal Code.  

83.       No. LF082703-06 – Second Reading , Ordinance 3971 entitled An Ordinance Amending the Provisions for Failure to Pay Water Bill by Amending Section 13.04.660 of Chapter 13.04 of the Rapid City Municipal Code.  

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, N89Ί42’39”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: N89Ί42’39”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 02Ί36’31”, a length of 61.25 feet, a chord bearing of S16Ί44’21”E, and a chord distance of 61.25 feet; Thence, third course: S89Ί41’26”W, a distance of 554.84 feet; Thence, fourth course: N00Ί18’34”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 S57Ί50’33” 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 N89Ί41’26” 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 S09Ί17’06” 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 S67Ί58’34” 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 S89Ί41’26” W and a distance of 561.44 feet to the southwesterly corner of said parcel of land; THENCE FIFTH COURSE: a bearing of N00Ί18’34”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. Rapid City , Pennington County , South Dakota , located northeast of the intersection of Alta Vista Drive and Minnesota Street .  

85.       No. LF091003-12 – First Reading , Ordinance 3975 entitled An Ordinance to Eliminate Water Impact Fees by Repealing Sections 13.04.800, 13.04.810, and 13.04.820 of the Rapid City Municipal Code Regarding Impact Fees.  

86.       No. LF091003-11 – First Reading , Ordinance 3976, entitled An Ordinance Amending the Property Known as Rapid City Regional Airport by Amending Section 13.12.080 of Chapter 13.12 of the Rapid City Municipal Code.  

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, N89Ί42’39”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: N89Ί42’39”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 02Ί36’31”, a length of 61.25 feet, a chord bearing of S16Ί44’21”E, and a chord distance of 61.25 feet; Thence, third course: S89Ί41’26”W, a distance of 554.84 feet; Thence, fourth course: N00Ί18’34”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 S57Ί50’33” 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 N89Ί41’26” 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 S09Ί17’06” 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 S67Ί58’34” 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 S89Ί41’26” W and a distance of 561.44 feet to the southwesterly corner of said parcel of land; THENCE FIFTH COURSE: a bearing of N00Ί18’34”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. Rapid City , Pennington County , South Dakota , located northeast of the intersection of Alta Vista Drive and Minnesota Street .  

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: S07Ί20'00"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: N82Ί35'35"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 06Ί35'17", an arc length of 120.73 feet, a chord bearing of N86Ί00'00"W, and a chord distance of 120.67 feet, to a point of tangency; thence, fourth course: N89Ί15'53"W, along the northerly edge of the right-of-way of said Moon Meadows Drive, a distance of 337.71 feet; thence, fifth course:  N89Ί16'12"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: N00Ί12'56"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: N26Ί53'52"E, a distance of 990.49 feet; thence eighth course: N07Ί53'52"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:  N89Ί53'10"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: N89Ί53'10"E along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 818.71 feet; thence, second course: S07Ί53'52"W, a distance of 178.06 feet; thence, third course: S26Ί53'52"W, a distance of 990.49 feet, to the easterly boundary of Lot 1 of Moon Ridge Subdivision; thence, fourth course: N00Ί12'56"E, a distance of 169.48 feet, to the northeasterly corner of said Lot 1 of Moon Ridge Subdivision; thence, fifth course: N89Ί16'12"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: N00Ί12'56"E, along the westerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 446.88 feet; thence, seventh course: N00Ί11'53"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: S00Ί12'10"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: S89Ί42'30"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: N00Ί02'42"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 09Ί57'36", an arc length of 82.40 feet, a chord bearing of N85Ί13'22"E, and a chord distance of 82.29 feet, to a point of tangency; thence, fifth course: S89Ί47'50"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 30Ί10'33", an arc length of 144.31 feet, a chord bearing of S74Ί42'34"E, and a chord distance of 142.65 feet, to a point of tangency; thence, seventh course: S59Ί37'17"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 30Ί27'47", an arc length of 173.33 feet, a chord bearing of S74Ί51'10"E, and a chord distance of 171.29 feet, to a point of tangency; thence, ninth course: N89Ί54'56"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 17Ί26'22", an arc length of 83.40 feet, a chord bearing of S81Ί21'53"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: S00Ί12'10"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 Development Service Center Coordinator.  

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, West River Foundation.  

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 South Truck Route Drainage Basin Design Plan.  

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 8th Street between St. Patrick and Cathedral Drive and 916 Mt. View Road.

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 Cayman Islands clause (Section h, page 14 of the participation agreement) - Kooiker and Hadley

117.    First Reading, Ordinance 3984 to Establish the Public Works Department

ADJOURN