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

October 20, 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 – Correct the minutes of August 26, 2003 to show the correct Project Number for the Arrowhead Basin Detention Pond, Element 302, as DR01-1126; and Approve the minutes of October 6, 2003 .  

ADOPTION OF THE AGENDA  

GENERAL PUBLIC COMMENT

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

BID OPENINGS

1.         No. CC102003-01Paper Refuse Bags for the Solid Waste Operations Division (Opened on October 8, 2003 )  

ITEMS FROM THE MAYOR

2.         Veteran of the Month Award  

3.         Employee Awards  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS  

4.         Refer the topic of Closed Captioning of council videos to the Mayor's Committee for People with Disabilities for further consideration (Kooiker)  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – Items 5-30

            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 November 3, 2003:

5.         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.  

6.         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.  

7.         No. 03CA023 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for an Amendment to the Comprehensive Plan to change the future land use designation on a 12.3 acre parcel of land from General Agriculture to General Commercial on a portion of Tract 2 of Pioneer Subdivision, located in the NE1/4 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at a point on the section line highway between Sections 27 and 34, common to northeasterly corner of said Tract 2 of Pioneer Subdivision, and the Point of Beginning; thence, first course: S00º00'00"E, along the easterly boundary of said Tract 2 of Pioneer Subdivision, common with the westerly edge of the statutory section line right-of-way, and common with the westerly edge of U.S. Highway 16 right-of-way, a distance of 109.69 feet, to an angle point; thence, second course: S07º20'00"W, along the easterly boundary of said Tract 2, common with the westerly edge of the right-of-way of U.S. Highway 16, a distance of 303.97 feet, to the northeasterly corner of Lot 3 of Moon Ridge Subdivision; thence, third course: S89º53'10"W, along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 1247.37 feet, to a point on the westerly boundary of said Tract 2, common with the northwesterly corner of said Lot 3 of Moon Ridge Subdivision; thence, fourth course: N00º11'53"E, along the westerly boundary of said Tract 2, a distance of 411.10 feet, to a point on the section line common to Section 27 and 34, common to a point the southerly boundary of Lot 5 of Godfrey Addition, and common to the northwesterly corner of said Tract 2; thence fifth course: N89º52'53"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 4 and 5 of said Godfrey Addition, a distance of 796.18 feet, to an angle point; thence, sixth course: N89º50'57"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 3 and 4 of said Godfrey Addition, a distance of 466.12 feet, to an angle point; thence, seventh course: S89º10'40"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, a distance of 22.45 feet, to the northeasterly corner of said Tract 2, and the Point of Beginning and less the east 400 feet Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the U.S. Highway 16 and Moon Meadows Road.  

8.         No. 03CA026 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 3.67 acre parcel of land from Planned Unit Development to Medium Density Residential with a Planned Residential Development on a previously unplatted parcel of land in the SW1/4 of the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. More particularly described as follows: Beginning at the found corner stamped R.L.S. No. 4208 of the center 1/4 corner of Section 26, this being the TRUE POINT OF BEGINNING; thence N89º18’29”W 500.00 feet; thence N00º41’31”E 250.00 feet; thence N89º18’29”W 151.22 feet; thence N00º41'31”E 356.77 feet; thence S46º19’54”E 890.09 feet to the Point of Beginning; said parcel containing 3.67 acre more or less, located south of Catron Boulevard and east of U.S. Highway 16.  

9.         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.  

10.       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.  

11.       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.  

12.       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.  

13.       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.  

14.       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.  

15.       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.  

16.       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.  

17.       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.  

18.       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.  

19.       No. 03PL086 - A request by Dream Design International, Inc. for Coca-Cola Bottling Company of the Black Hills for a Preliminary and Final Plat on Lots 1 and 2 of Lot B of Tract 12 of S.G. Interstate Plaza Subdivision located in the S1/2 of the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Tract 12 of S.G. Interstate Plaza Subdivision located in the S1/2 of the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Coca Cola Lane on North Plaza Drive.  

20.       No. 03PL088 - A request by Dream Design International, Inc. for Sally Broucek for a Preliminary and Final Plat on Lots 1 thru 10 of Block 1 and Lots 1 thru 19 of Block 2 of Stoneridge Subdivision located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 of the S1/2 of Government Lot 4 located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Parkview Drive.  

21.       No. 03RZ038 - 2nd Reading - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Rezoning from No Use District to General Commercial District on a portion of Tract 2 of Pioneer Subdivision, located in the NE1/4 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at a point on the section line highway between Sections 27 and 34, common to northeasterly corner of said Tract 2 of Pioneer Subdivision, and the Point of Beginning; thence, first course: S00º00'00"E, along the easterly boundary of said Tract 2 of Pioneer Subdivision, common with the westerly edge of the statutory section line right-of-way, and common with the westerly edge of U.S. Highway 16 right-of-way, a distance of 109.69 feet, to an angle point; thence, second course: S07º20'00"W, along the easterly boundary of said Tract 2, common with the westerly edge of the right-of-way of U.S. Highway 16, a distance of 303.97 feet, to the northeasterly corner of Lot 3 of Moon Ridge Subdivision; thence, third course: S89º53'10"W, along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 1247.37 feet, to a point on the westerly boundary of said Tract 2, common with the northwesterly corner of said Lot 3 of Moon Ridge Subdivision; thence, fourth course: N00º11'53"E, along the westerly boundary of said Tract 2, a distance of 411.10 feet, to a point on the section line common to Section 27 and 34, common to a point the southerly boundary of Lot 5 of Godfrey Addition, and common to the northwesterly corner of said Tract 2; thence fifth course: N89º52'53"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 4 and 5 of said Godfrey Addition, a distance of 796.18 feet, to an angle point; thence, sixth course: N89º50'57"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 3 and 4 of said Godfrey Addition, a distance of 466.12 feet, to an angle point; thence, seventh course: S89º10'40"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, a distance of 22.45 feet, to the northeasterly corner of said Tract 2, and the Point of Beginning; said parcel contains 12.00 acres more or less, located northwest of the U.S. Highway 16 and Moon Meadows Road.  

22.       No. 03RZ040 - 2nd Reading - A request by Dream Design International, Inc. for a Rezoning from No Use District to Medium Density Residential District on a previously unplatted parcel of land in the SW1/4 of the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the found corner stamped R.L.S. No. 4208 of the center 1/4 corner of Section 26, this being the POINT OF BEGINNING; thence N89º18’29”W 697.03 feet; thence N01º18'09"E 142.76 feet; thence along a curve to the left having a radius of 526.00 feet through a central angle of 21º19'55" with an arc length of 195.84 feet, a chord bearing of N09º21'48"W and a chord length of 194.71 feet along said curve; thence N20º01'46"W 210.75 feet; thence along a curve to the left having a radius of 893.51 feet through a central angle of 10º56'23" with an arc length of 170.60 feet, a chord bearing of N64º30'03"E and a chord length of 170.34 feet along said curve; thence S46º19'54"E 890.09 feet to POINT OF BEGINNING; said parcel containing 5.57 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.  

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

24.       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.  

25.       No. 03SV032 - A request by Dream Design International, Inc. for Coca-Cola Bottling Company of the Black Hills for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Plaza Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Lot B of Tract 12 of S.G. Interstate Plaza Subdivision located in the S1/2 of the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Tract 12 of S.G. Interstate Plaza Subdivision located in the S1/2 of the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Coca Cola Lane on Plaza Drive.  

26.       No. 03SV035 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Variance to the Subdivision Regulations to waive the requirement to  install curb, gutter, sidewalk, street light conduit, water, sewer and pavement on the section line highway and to waive the requirement to install curb, gutter, sidewalk and street light conduit on U.S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on a portion of Tract 2 of Pioneer Subdivision, located in the NE1/4 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at a point on the section line highway between Sections 27 and 34, common to northeasterly corner of said Tract 2 of Pioneer Subdivision, and the Point of Beginning; thence, first course: S00º00'00E, along the easterly boundary of said Tract 2 of Pioneer Subdivision, common with the westerly edge of the statutory section line right-of-way, and common with the westerly edge of U.S. Highway 16 right-of-way, a distance of 109.69 feet, to an angle point; thence, second course: S07º20'00"W, along the easterly boundary of said Tract 2, common with the westerly edge of the right-of-way of U.S. Highway 16, a distance of 303.97 feet, to the northeasterly corner of Lot 3 of Moon Ridge Subdivision; thence, third course: S89º53'10"W, along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 1247.37 feet, to a point on the westerly boundary of said Tract 2, common with the northwesterly corner of said Lot 3 of Moon Ridge Subdivision; thence, fourth course:  N00º11'53"E, along the westerly boundary of said Tract 2, a distance of 411.10 feet, to a point on the section line common to Section 27 and 34, common to a point the southerly boundary of Lot 5 of Godfrey Addition, and common to the northwesterly corner of said Tract 2; thence fifth course:  N89º52'53"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 4 and 5 of said Godfrey Addition, a distance of 796.18 feet, to an angle point; thence, sixth course: N89º50'57"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 3 and 4 of said Godfrey Addition, a distance of 466.12 feet, to an angle point; thence, seventh course: S89º10'40"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, a distance of 22.45 feet, to the northeasterly corner of said Tract 2, and the Point of Beginning; said parcel contains 12.00 acres more or less, located northwest of the U.S. Highway 16 and Moon Meadows Road.  

27.       No. 03SV036 - A request by Dream Design International, Inc. for Sally Broucek for a Variance to the Subdivision Regulations to allow lots twice as long as wide and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the well access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 7, Block 1, and Lots 15, 16 and 17, Block 2, Stoneridge Subdivision,  located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Parkview Drive.  

28.       No. 03SV037 - A request by Gary and Connie Janzen for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalks and street light conduit on Plateau Lane as per Chapter 16.16 of the Rapid City Municipal Code on Lots 6 and 7 and the 30 foot x 150 foot private drive, all of Lot 10, Gilmore Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2517 Plateau Lane.  

Continue the following items until November 17, 2003:

29.       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.  

30.       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.  

End of Continued Items Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

31.       Black Hills Barbershop Chorus, for a special malt beverage license to be used on October 25, 2003 at the Knights of Columbus Hall, 910 Fifth Street

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

Set for Hearing ( November 3, 2003 )

33.       Patricia Weaver dba Gas N Snax, 418 Knollwood Drive , for an Off-Sale Liquor License Transfer (from Clayton & Donna Jerred)  

CONSENT CALENDAR ITEMS – 34-73  

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

34.       Acknowledge the report on the Infiltration into City’s sewer system.

35.       Request staff to send a formal notification to Federal Beef Corporation to begin cleanup of their fire damaged property.

36.       Request staff to prepare the construction easements and any other documents necessary to implement the plan approved in the Tax Increment District; and any other documents necessary to proceed with the grading of the 5th Street Extension.

37.       No. PW093003-02 – Approve Change Order No. 01F for Canyon Lake Northshore Improvements Project No. PR02-1201 to Dean Kurtz Construction Company for an increase of $5,972.

38.       No. PW093003-05 – Approve Change Order No. 01F for Black Hills Polo & Soccer Grounds Parking and Sidewalk Project No. PR03-1265 to J & J Asphalt Company for an increase of $9,635.23.

39.       No. PW101403-01 – Approve Change Order No. 01F for Parks Miscellaneous Improvements Project No. PR03-1275 to Patino Construction Services for an increase of $607.30.

40.       No. PW101403-02 – Approve Change Order No. 01 for Dyess Avenue Water System Construction Project No. W99-845 to Heavy Constructors, Inc. dba Excavating Specialists for an increase of $43,829.00.

41.       No. PW101403-03 – Authorize staff to advertise for bids for Heidiway Lane Sanitary Sewer Extension Project No. SS01-1061.

42.       No. PW101403-05 – Authorize Mayor and Finance Officer to sign Amendment No. 03 to Professional Service Agreement with Kadrmas, Lee & Jackson, Inc. to design Haines Avenue North from Northridge Drive to Viking Drive Project No. SSW02-1242 & P1669 (26) for an amount not to exceed $1,572.58.

43.       No. PW101403-06 – Approve Resolution to Set Time and Place for Hearing on November 17, 2003 for Assessment Roll for Block 7 Alley Paving (Boulevard Addition) Project No. ST03-1269.

44.       No. PW101403-07 – Approve Resolution to Set Time and Place for Hearing on November 17, 2003 for Assessment Roll for Block 16 Alley Paving (Wise Addition) Project No. ST03-1278.

45.       Acknowledge the report on the Mt. Rushmore Road , St. Patrick to Cathedral Drive traffic study discussion.

46.       Request the Mayor to appoint 3-5 Council members to a steering committee to address a Storm Water Program.

47.       No. PW101403-08 – Approve a Resolution Establishing Fees for Grave Spaces and Cemetery Services.

48.       Concur with the action of the Parks and Recreation Subcommittee, in that Founders Park is the preferred site for improvements, with the understanding that no construction could proceed until such time as additional information is submitted to the Parks and Recreation Subcommittee and their recommendation is forwarded to the Council.

49.       Approve a request to purchase parts to replace auger in 627E auger scraper in the amount of $25,000 from sole source provider, Westech of Casper, Wyoming.

50.       No. 03VE013 – Approve with stipulations a Vacation of Utility Easement for Jason Renken on Lot 12, Eden Gardens Addition, Section 9, T1N, R8E, BHM, Rapid City, Pennington County , South Dakota , located at 2709 Eden Lane .

51.       No. 03VE014 – Approve a Vacation of Utility and Minor Drainage Easement for Scott Craig for Jul-Mar Development on Lot 6, Block 1, Skyview North Subdivision, Section 10, T1N, R7E, BHM, Rapid City , Pennington County , South Dakota , located at 2237 Minnewasta Drive .

52.       No. 03VE015 – Approve a Vacation of Utility Easement for Fisk Land Surveying & Consulting Engineers for James W. Olson on Tract 1 less the west part of Tract 2, Boulevard Office Park , Section 3, T1N, R7E, Rapid City , Pennington County , South Dakota , located at 1611 Sheridan Lake Road .

53.       No. 03TP012 -  Approve Eglin Street Corridor Study Executive Summary and Final Report.

54.       No. CC102003-05 - Request staff to prepare a letter for the Mayor’s signature addressed to the ISO organization.

55.       Request the Mayor to appoint a committee to review the fees and rates for the sewer and water utilities.  

Legal & Finance Committee Consent Items

56.       No. LF101503-01 – Request that staff prepare a resolution stating that the original video of Council proceedings will be filed in the Mayor’s office with one ore more copies placed at the library for public use.

57.       Approve Travel Request for Kevin Miller and Wayne Asscherick to attend Police Executive Research Form Training in San Diego , California , in November in the approximate amount of $2,500.

58.       No. LF101503-05 – Authorize Mayor and Finance Officer to enter into Agreement with South Dakota Department of Transportation to allow for the exchange of road centerline data and allow the South Dakota Department of Transportation to publish the road centerline data with the approved attributes in their public domain statewide roadway dataset.

59.       No. 03TP013 – Authorize Mayor and Finance Officer to sign Agreement with SRF Consulting Group, Inc. for the 2004-2008 transit development plan update in an amount not to exceed $65,986.

60.       No. 03TP014 – Authorize staff to advertise a Request for Proposals for the Airport Neighborhood Area Future Land Use Plan.

61.       No. 03TP015 – Authorize Staff to advertise a Request for Proposals for the Southeast Connector Neighborhood Area Future Land Use Plan.

62.       No. LF101503-02 – Approve Resolution Declaring Property Surplus.

63.       No. CC102003-02 - Approve Resolution Canceling Checks or Warrants not Presented for Payment within Two Years of Date of Issuance.

64.       No. CC102003-03 - Approve Resolution Declaring Real Property Surplus, Establishing Its Fair Market Value, Setting the Terms of Sale , and Authorizing Its Sale .

65.       Authorize the allocation of $60,000 from the 2003 CIP Roof Replacement line item and $19,250 from the CIP Contingency Fund to the Library Air Handling/AC Project.

66.       Allocate $95,000 from the 2003 CIP Contingency Fund for design of the East Mall Drive Project from East North Street to Dyess Avenue .

67.       Approve waiving skate rental fee for Roosevelt Park Ice Arena Halloween party to be held on October 31, 2003 .

68.       No. LF101503-03 – Approve Travel Request for Jason Green to attend Advanced Employment Law and Litigation Seminar in Washington, D.C. from December 3-7, 2003, in the approximate amount of $2,546.

69.       Approve the following licenses: Electrical Apprentice: Trinity R. Bullinger, Jerry Michael Chytka, Aaron Lillebo, Robert Ruffatto; Electrical Contractor: Shawn Wiechmann, Wiechmann Electric; Pigeon Loft: Jacob Miller; Plumber: Michael Delaney, Shane Devine, Jacob Kerns; Plumbing Apprentice: James Haynes, Gary D. Merritt.  

Planning Department Consent Items

70.       No. 03PL094 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Preliminary and Final Plat on Lot 2, Moon Ridge Subdivision, located in the NE1/4 of the SE1/4, Section 34, T1N,R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 2 of Pioneer Subdivision located in the NE1/4 of the SE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the U.S. Highway 16 and Moon Meadows Road.  

71.       No. 03PL095 - A request by Gary and Connie Janzen for a Layout Plat on , legally described as Lots 6 and 7 and the 30 foot x 150 foot private drive, all of Lot 10, Gilmore Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2517 Plateau Lane.  

72.       No. 03PL096 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Layout Plat on the NE1/4 NW1/4 NW1/4 GL 1, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located approximately 660 feet to the east of the Parkview Drive terminus.  

73.       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.  

END OF CONSENT CALENDAR  

Public Comment on Item 74  

PLANNING DEPARTMENT - HEARINGS

74.       No. 03SV038 - 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, water, sewer and pavement along Elm Street as per Chapter 16.16 of the Rapid City Municipal Code on the NE1/4 NW1/4 NW1/4 GL 1, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located approximately 660 feet to the east of the Parkview Drive terminus.  

Public Comment on Items 75-87  

ORDINANCES & RESOLUTIONS

75.       No. 03OA002 – First Reading, Ordinance 3934 entitled An Ordinance Regulating Storage and Parking of Trucks, Trailers and Commercial Vehicles by Amending Chapter 10.40 of the Rapid City Municipal Code to Include a New Section 10.40.200.  

76.       No. 03RZ037 - Second 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.  

77.       No. LF100103-12R – Second Reading , Ordinance 3985, Regarding Supplemental Appropriation No. 5 for 2003.  

78.       No. 03OA006 – Second Reading, Ordinance 3986 entitled An Ordinance Authorizing Administrative Approval of Certain Plats by Adding Section 16.08.035 to the Rapid City Municipal Code.  

79.       No. LF100103-20 – Second Reading, Ordinance 3987 entitled An Ordinance Establishing the Approved Meeting Minutes as the Official Journal of the Rapid City Common Council by Adding Section 2.08.110 to the Rapid City Municipal Code.  

80.       No. CC100603-03 - Second Reading, Ordinance 3991 entitled An Ordinance to Amend the Regulation of Adult Oriented Businesses Within the City of Rapid City by Amending Section 17.50.186 of the Rapid City Municipal Code.  

81.       No. LF101503-04 – First Reading, Ordinance 3992 entitled An Ordinance Eliminating the Position of Director of Golf within the Department of Parks and Recreation by Amending Section 2.89.050 and Subsection (B)(2) of Section 2.89.060 of the Rapid City Municipal Code.  

82.       No. LF100103-18R – First Reading, Ordinance 3993 entitled An Ordinance Amending the Capital Improvements Committee Operating Procedures by Amending Section 3.16.090 of the Rapid City Municipal Code.  

83.       No. 03RZ039 - First Reading, Ordinance 3994, a request by Dream Design International, Inc. for a Rezoning from No Use District to General Commercial District on a previously unplatted parcel of land in the SW1/4 of the N1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Being more particularly described as follows: Commencing at the found corner stamped R.L.S. No. 4208 of the center 1/4 corner of Section 26; thence S72º37’41”W along a non-visual line, 1200.17 feet to the TRUE POINT OF BEGINNING; thence N09º37'30"E 863.62 feet; thence along a curve to the left having a radius of 893.51 feet through a central angle of 13º26'11" with an arc length of 209.54 feet, a chord bearing of N76º41'20"E and a chord length of 209.06 feet along said curve; thence S20º01'46"E 210.75 feet; thence along a curve to the right having a radius of 526.00 feet through a central angle of 21º19'55" with an arc length of 195.84 feet, a chord bearing of S09º21'48"E and a chord length of 194.71 feet along said curve; thence S01º18'09"W 519.62 feet; thence N88º41'51"W 440.00 feet to the TRUE POINT OF BEGINNING; said parcel containing 7.26 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.  

84.       No. 03RZ041 - First Reading, Ordinance 3995, a request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on a previously unplatted parcel of land in the SW1/4 of the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Beginning at the found corner stamped R.L.S. No. 4208 of the center 1/4 corner of Section 26; this being the TRUE POINT OF BEGINNING; thence S02º00'56"W 1325.99 feet; thence N87º48'27"W 680.57 feet; thence N01º18'09"E 1307.89 feet; thence S89º18'29"E 697.03 feet to the Point of Beginning; said parcel containing 20.82 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.  

85.       No. 03RZ042 - First Reading, Ordinance 3996, a request by Dream Design International, Inc. for a Rezoning from No Use District to Office Commercial District a previously unplatted parcel of land in the SW1/4 of the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows:  Beginning at the found corner stamped R.L.S. No. 4208 of the center 1/4 corner of Section 26; thence S72º37'41"W along a non-visual line, 1200.17 feet to the TRUE POINT OF BEGINNING; thence S88º41'51"E 440.00 feet; thence S01º18'09"W 931.03 feet; thence N87º48'27"W 440.05 feet; thence N01º18'09"E 924.20 feet to the TRUE POINT OF BEGINNING; said parcel containing 9.37 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.  

86.       No. 03RZ043 - First Reading, Ordinance 3997, a request by FMG, Inc. for Bill Freytag for a Rezoning from No Use District to Low Density Residential II District on a tract of land located in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Pennington County, South Dakota, more particularly described as follows: Commencing at a point which is a 5/8" rebar with survey cap LS 6119 marking the northwest corner of Lot 9 of Block 1 of Tyler Knue Subdivision in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence, N00º16'55"E a distance of 77.12 feet, more less, to a point; Thence N13º44'34"W a distance of 107.66 feet, more less, to a point; Thence S66º12'08"W a distance of 303.51 feet, more less, to a point; Thence N89º32'23"W a distance of 279.98 feet, more less, to a point; Thence N00º27'37"E a distance of 121.67 feet, more or less, to a point; Thence N45º26'14"E a distance of 159.30 feet, more or less, to a point; Thence S44º33'46"E a distance of 12.36 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 226.00 feet and an arc length of 57.47 feet, more or less, to a point; Thence N45º57'12"E a distance of 54.45 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 174.00 feet and an arc length of 47.61 feet, with a cord bearing S71º38'36"E and a distance of 47.46 feet, more or less, to a point; Thence N14º08'42"E a distance of 198.01 feet, more or less, to a point; Thence N04º06'06"E a distance of 200.01 feet, more or less, to a point, said point being on the north line of Section 24, T2N, R7E, BHM: Thence N89º40'38"W a distance of 403.23 feet, more or less, to a point, said point being a 2" pipe marking the northwest corner of Section 24, T2N, R7E, BHM; Thence S00º27'40"W a distance of 664.08 feet, more or less, to a point, said point being the northwest 1/16 corner of Section 24, T2N, R7E, BHM; Thence S89º43'05"E a distance of 676.34 feet, more less, to the Point of Beginning, located along Nicole Street.  

87.       No. 03RZ044 - First Reading, Ordinance 3994, a request by FMG, Inc. for Bill Freytag for a Rezoning from Mobile Home District to Low Density Residential II District the S1/2 NW1/4 NW1/4 less Tyler Knue Subdivision, Section 24, T2N, R7E, unplatted, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Nicole Street.  

Public Comment on Item 88  

LEGAL & FINANCE COMMITTEE ITEMS

88.       Request the City Attorney’s office to draft an ordinance amendment authorizing the City Finance Officer to add annexed areas to wards and precincts without an ordinance change.  

Public Comment on Items 89-91  

PUBLIC WORKS COMMITTEE ITEMS

89.       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  

90.       No. PW093003-01 – Request by Dave Semerad, 3724 Morningview Drive for an Exception to the City design standards regarding sewer service connection to sewer main; and granting an easement for a sewer service extension across the Rapid City Fire Department property.

91.       No. PW101403-09 – Approve the purchase of one (1) new current model year ½ ton, 4x4, extended cab, short box pickup from Beck Motors, Pierre for a total purchase price of $19,046 under State Contract #14070 for Utility Maintenance.  

FINANCE OFFICER’S REPORT  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT  

PUBLIC WORKS DIRECTOR’S REPORT  

CITY ATTORNEY’S REPORT

92.       Executive Session – Pending Litigation  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADJOURN