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

December 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 December 1, 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. Economic Development – Monthly Update – Steve Flanery, Chairman of RC Economic Development Partnership

2. Dan Michael – Comments on Ordinance 3934 relative to storage and parking of trucks, trailers and commercial vehicles

BID OPENINGS (None)

ITEMS FROM THE MAYOR

3. Veteran of the Month Award

4. Employee Awards

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

5. Amendments to Adult Oriented Business Ordinance (French)

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

CONTINUED ITEMS CONSENT CALENDAR – Items 6-35

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 December 29, 2003:

6. 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.

7. 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.

8. 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.

9. No. 03PL110 - A request by FMG, Inc. for Cedarhill Corporation for a Final Plat on Lots 5 through 7 of Block 7 and Lots 2 through 5 of Block 8 all of CHMH Subdivision, and dedicated public right-of-way shown as Sagewood Street all located in SW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the SW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Mall Drive.

Continue the following items until January 5, 2004:

10. No. 03AN011 - A request by FMG, Inc. for Bill Freytag for a Petition for Annexation 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.

11. No. 03CA041 - A request by Franklin Simpson for an Amendment to the Comprehensive Plan to change the future land use designation on a 1.792 acre parcel of land from Park Forest to Medium Density Residential with a Planned Residential Development on a parcel of land described by metes and bounds as beginning at the southwesterly corner of Tract H of the Wesleyan Christian Center, Thence first course: N76º34'25"E a distance of 263.55 feet to the SE corner of said Tract H; Thence second course: N69º06'06"E a distance of 98.75 feet to the westerly right-of-way line of Sunny Springs Road; Thence third course: S17º49'19"E a distance of 195.45 feet to an angle point of Sunny Springs Road right-of-way; Thence fourth course: S27º11'30"W a distance of 14.14 feet to the north right-of-way line of Harmony Heights Lane; Thence fifth course: S72º12'18"W a distance of 256.21 feet to a point of curvature on the north line of Harmony Heights Lane; Thence sixth course: along an arc to the right, which radius is 170.00 feet an arc distance of 110.36 feet to a point of tangency on the north line of Harmony Heights Lane; Thence seventh course: N70º21'42"W a distance of 53.48 feet to the east right-of-way line of Plaza Boulevard; Thence eighth course: along the east right-of-way line of Plaza Boulevard, on an arc to the left, which radius is 333.35 feet an arc distance of 162.41 feet, and the chord bearing of N00º31'03"E a distance of 160.81 feet, to the point of beginning, said parcel of land containing 1.792 acres more or less, all lying in the NE1/4 SE1/4 of Section 27 and in the NW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Harmony Heights Lane.

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. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. No. 03PL088 - A request by Dream Design International, Inc. for Sally Broucek for a 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.

19. 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.

20. No. 03PL097 - A request by Renner & Sperlich Engineering Company for Doeck, LLC for a Preliminary and Final Plat on Lots 12-21 Block 1, Lots 12-40 Block 2, Lots 1-12 and 21-24 Block 3, and Lots 1, 13, 14, 30 and 31 Block 5 of Auburn Hills Subdivision, located in the NW1/4 of SW1/4 and the SW1/4 of NW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SW1/4 and the SW1/4 of the NW1/4 located in the NW1/4 of SW1/4 and the SW1/4 of NW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north and south of Amber Drive.

21. No. 03PL099 - A request by FMG, Inc. for Bill Freytag for a Layout, Preliminary and Final Plat on Lots 6 through 9 of Block 4 and Lot 21R of Block 1 and Lot 22R of Block 1, Tyler Knue Subdivision, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 21 and a portion of Lot 22 of Block 1 and a portion of Lot 22 of Block 1 and a portion of the unplatted balance of the NW1/4 NW1/4 all of Tyler Knue Subdivision and dedicated public right of way shown as Nicole Street, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Nicole Street.

22. No. 03PL104 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lot 13 and Tract A, Block 4; Lots 6 thru 12, Block 16; Lots 1A thru 12A, Lots 1B thru 12B, and Tract B, Block 18; Tract C and Dedicated Streets; Big Sky Subdivision, located in the N1/2 NW1/4 SE1/4 and the SW1/4 NE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the SW1/4 NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the unplatted portion of the NW1/4 SE1/4 less Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Patricia Street, Aurora Drive and Carl Avenue.

23. No. 03PL112 - A request by Franklin Simpson for a Preliminary and Final Plat on Tract M1 and M2, Fountain Springs Business Park, located in the NE1/4 SE1/4 of Section 27, and the NW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4 of Section 27 and a portion of the NW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Harmony Heights Lane.

24. No. 03RZ043 – Second 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.

25. No. 03RZ044 - Second Reading, Ordinance 3998, a request by FMG, Inc. for Bill Freytag for a Rezoning from Mobile Home District to Low Density Residential II District in 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.

26. No. 03RZ049 - Second Reading, Ordinance 4005, a request by Franklin Simpson for a Rezoning from General Agriculture District to Medium Density Residential District on a parcel of land described by metes and bounds as beginning at the southwesterly corner of Tract H of the Wesleyan Christian Center, Thence first course: N76º34'25"E a distance of 263.55 feet to the SE corner of said Tract H; Thence second course: N69º06'06"E a distance of 98.75 feet to the westerly right-of-way line of Sunny Springs Road; Thence third course: S17º49'19"E a distance of 195.45 feet to an angle point of Sunny Springs Road right-of-way; Thence fourth course: S27º11'30"W a distance of 14.14 feet to the north right-of-way line of Harmony Heights Lane; Thence fifth course: S72º12'18"W a distance of 256.21 feet to a point of curvature on the north line of Harmony Heights Lane; Thence sixth course: along an arc to the right, which radius is 170.00 feet an arc distance of 110.36 feet to a point of tangency on the north line of Harmony Heights Lane; Thence seventh course: N70º21'42"W a distance of 53.48 feet to the east right-of-way line of Plaza Boulevard; Thence eighth course: along the east right-of-way line of Plaza Boulevard, on an arc to the left, which radius is 333.35 feet an arc distance of 162.41 feet, and the chord bearing of N00º31'03"E a distance of 160.81 feet, to the point of beginning, said parcel of land containing 1.792 acres more or less, all lying in the NE1/4 SE1/4 of Section 27 and in the NW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Harmony Heights Lane.

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 at 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. 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.

30. No. 03SV039 - A request by Gordon Howie for Galen Steen for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sewer, water, street light conduit, sidewalk and pavement as per Chapter 16.16 of the Rapid City Municipal Code in the SW1/4 NE1/4; the west 66 feet of the NW1/4 NE1/4, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, a portion of the E1/2 of Section 25, located in the E1/2 Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at the center 1/4 corner of Section 25, and the Point of Beginning, thence, first course: N90º00'00"E, along the 1/4 line of Section 25, a distance of 396 feet; thence, second course: S00º00'00"W, a distance of 624.43 feet; thence, third course: N90º00'00"W, a distance of 396.00 feet, to a point on the 1/4 line of Section 25: thence, fourth course: N00º00'00"E, along the 1/4 line of Section 25, a distance of 624.43 feet, to the center 1/4 corner of Section 25, and the point of beginning; said parcel contains 5.677 acres more or less, located southeast of the intersection of Anderson Road and South Side Drive.

31. No. 03SV040 - A request by FMG, Inc. for Bill Freytag for a Variance to the Subdivision Regulations to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code in 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 and 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.

Continue the following items until January 19, 2004:

32. 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.

33. 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.

34. No. 03CA040 - A request by Centerline for Ken Kirkeby and Larry Lewis for an Amendment to the Comprehensive Plan to change the future land use designation on a 14.92 acre parcel of land from Park Forest to Low Density Residential II on Parcel A of Tract SB of Springbrook Acres, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Sandstone Ridge Apartments and east of Holiday Estates.

35. No. 03RZ047 - Second Reading, Ordinance 4004, a request by Centerline for Ken Kirkeby and Larry Lewis for a Rezoning from Park Forest District to Low Density Residential II District on Parcel A of Tract SB of Springbrook Acres, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Sandstone Ridge Apartments and east of Holiday Estates.

End of Continued Items Consent Calendar

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

36. No. LF100103-18R – Second 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.

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

On-Sale Wine License Renewals

37. Great Wall, Inc. dba Great Wall Chinese Restaurant, 315 E. North Street , for an On-Sale Wine License Renewal

38. Great Wall, :Inc. dba Imperial Chinese Restaurant, 702 E. North Street , for an On-Sale Wine License Renewal

39. Faryat, Inc. dba Botticelli Ristorante, 523 Main Street , for an On-Sale Wine License Renewal

40. Mae Jean Adams dba The Corn Exchange, 727 Main Street , for an On-Sale Wine License Renewal

41. Chrisbro, LLC dba The Hampton Inn, 1720 Rapp Street , for an On-Sale Wine License Renewal

42. Dos Ermonas, Inc. dba LaCosta Mexican Restaurant, 603 Omaha Street , for an On-Sale Wine License Renewal

43. Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive, for an On-Sale Wine License Renewal

44. Manna, Inc. dba Roadhouse Nightclub & Grill, 1900 N. Maple Avenue , for an On-Sale Wine License Renewal

45. Mai T. Goodsell dba Saigon Restaurant, 221 E. North Street , for an On-Sale Wine License Renewal

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

47. S&Y, Inc. dba The Golden Phoenix, 2421 W. Main Street , for an On-Sale Wine License Renewal

On-Sale Liquor License Renewal

48. Shiba Investments, Inc. dba Radisson, 445 Mt. Rushmore Road , for an On-Sale Liquor License Renewal and Sunday Opening

49. Hotel Management Company, Inc. dba Hotel Alex Johnson, 523 Sixth Street , for an On-Sale Liquor License Renewal and Sunday Opening

50. Jim Didier, Hotel Alex Johnson, 523 Sixth Street , for an On-Sale Liquor License Renewal (inactive)

51. American Legion Home Association dba American Legion, 818 E. St. Patrick Street , for an On-Sale Liquor License Renewal and Sunday Opening

52. Porter Apple Company, Inc. dba Applebee’s, 2160 Haines Avenue , for an On-Sale Liquor License Renewal and Sunday Opening

53. RC Boston Company, LLC dba Boston’s Gourmet Pizza Restaurant, 625 E. Disk Drive, for an On-Sale Liquor License Renewal and Sunday Opening

54. Derby Advertising, Inc. dba Canyon Lake Chophouse, 2720 Chapel Lane , for an On-Sale Liquor License Renewal and Sunday Opening

55. Casa Del Rey, Inc. dba Casa Del Rey, 1902 Mt. Rushmore Road, for an On-Sale Liquor License Renewal and Sunday Opening

56. Colonial House, Inc. dba Colonial House Restaurant, 2501 Mt. Rushmore Road, for an On-Sale Liquor License Renewal and Sunday Opening

57. Hansen Investments, Inc. dba Diamond Dave’s Taco Company, 2200 N. Maple Avenue, for an On-Sale Liquor License Renewal and Sunday Opening

58. Kelly’s Sports Lounge II, Inc. dba Harold’s Prime Rib, 318 East Boulevard , for an On-Sale Liquor License Renewal and Sunday Opening

59. Kurylas, Inc. dba Imperial Inn, 125 St. Joe Street , for an On-Sale Liquor License Renewal

60. Kelly’s Sports Lounge, Inc. dba Kelly’s Sports Lounge, 825 Jackson Boulevard , for an On-Sale Liquor License Renewal and Sunday Opening

61. Meadowood Lounge, Inc. dba Meadowood Lounge, 3809 Sturgis Road , for an On-Sale Liquor License Renewal and Sunday Opening

62. Beshara Enterprises, Inc. dba Pirate’s Table, 3550 Sturgis Road , for an On-Sale Liquor License Renewal and Sunday Opening

63. General Mills, Inc. dba Red Lobster Restaurant, 120 Disk Drive, for an On-Sale Liquor License Renewal and Sunday Opening

64. High Plains Securities, Inc. dba The Reef, 504 Mt. Rushmore Road , for an On-Sale Liquor License Renewal and Sunday Opening

65. Shooters, Inc. dba Shooters, 2424 West Main Street , for an On-Sale Liquor License Renewal and Sunday Opening

66. High Plains Securities, Inc. dba St. Joe Pub, 710 St. Joe Street , for an On-Sale Liquor License Renewal and Sunday Opening

67. LaCroix Investments, Inc. dba Time Out Lounge, 615 E. North Street , for an On-Sale Liquor License Renewal and Sunday Opening

Off-Sale Liquor License Renewals

68. Albertsons, Inc. dba Albertsons, 855 Omaha Street , for an Off-Sale Liquor License Renewal

69. Hotel Management Company, Inc., dba Hotel Alex Johnson, 523 Sixth Street , for an Off-Sale Liquor License Renewal

70. LaCroix Investments, Inc. dba Bus’s Bottle Shop, 615 E. North Street , for an Off-Sale Liquor License Renewal

71. Canyon Lake Liquors, Inc. dba Canyon Lake Liquors, 4244 Canyon Lake Drive , for an Off-Sale Liquor License Renewal

72. Derby Advertising, Inc. dba Canyon Lake Chophouse, 2720 Chapel Lane , for an Off-Sale Liquor License Renewal

73. Moyle Petroleum Company, dba Common Cents Food Store, 2808 Sheridan Lake Road , for an Off-Sale Liquor License Renewal

74. RC Liquor, Inc. dba Family Thrift Liquors No. 273, 1516 E. St. Patrick Street , for an Off-Sale Liquor License Renewal

75. H&B, Inc. dba Hall Inn, 214 E. St. Joe Street , for an Off-Sale Liquor License Renewal

76. Moyle Petroleum Company dba North Street Smoke Shop, 634 E. North Street , for an Off-Sale Liquor License Renewal

77. RC Liquors, Inc. dba Prairie Bottle Market, 13 New York Street , for an Off-Sale Liquor License Renewal

78. Sooper Dooper Markets, Inc. dba Sooper Dooper No. 1, 913 E. St. Patrick Street , for an Off-Sale Liquor License Renewal

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

Off-Sale Liquor License Renewals

80. Staple and Spice Market, Inc. dba Staple and spice Market, 601 Mt. Rushmore Road , for an Off-Sale Liquor License (New License)

Special Malt Beverage and Wine License

81. Rapid City Area Chamber of Commerce, for a Special Malt Beverage and Special Wine License to be used on January 13, 2004 at Security First Bank, 805 Fifth Street

82. Rapid City Area Chamber of Commerce, for a Special Malt Beverage and Special Wine License to be used on February 10, 2004 at the Rapid City Public Library, 610 Quincy Street

83. Rapid City Area Chamber of Commerce, for a Special Malt Beverage and Special Wine License to be used on March 9, 2004 at Slingsby & Wright Eye Care, 240 Minnesota Street

Set for Hearing ( December 15, 2003 )

84. Taira L. Hoeye dba St. Joe Pub, 710 St. Joseph Street , for an On-Sale Liquor License Transfer (from High Plains Securities)

85. CCKT, Inc. dba Queen of Hearts Casino, 316 East Boulevard , for an On-Off Sale Malt Beverage License Transfer (from Jim Berendes)

CONSENT CALENDAR ITEMS – 86-140

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 ( January 19, 2004 )

86. No. 03VR012 - A request by Alvin Ficek for Heartland GMAC Real Estate for Barbara Van Ekeren and Peggy Kelly for a Vacation of Right-of-Way on a portion of undeveloped Oriole Drive right-of-way adjoining Lots 2 and 3 in Block 7 and Lots 5 and 6 in Block 8 of Lot A of Morningside Subdivision, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Oriole Drive west of West Boulevard North.

87. No. 03VR013 - A request by Alliance of Architects and Engineers for Pennington County Housing & Redevelopment Commission for a Vacation of Right-of-Way on that portion of the alley of Block 13, Wise's Addition adjacent to Lots 4 thru 10 and Lots 11 thru 17 of said Block 13, located in the S1/2 of the NW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 305, 307, 311 and 313 East Adams Street.

88. No. 03VR014 - A request by Dream Design International, Inc. for a Vacation of Section Line Right-of-Way on the west 1321.62 feet of the sixty six foot wide section line right-of-way lying between Section 24 and 13, T2N, R7E, BHM; 2657.06 feet of the sixty six foot wide section line right-of-way lying between Section 24 and 23, T2N, R7E, BHM; and the south 2644.24 feet of the sixty six foot wide section line right-of-way lying between sections 14 and 13, T2N, R7E, BHM; located in Section 13, 14, 23 and 24, T2N, R7E, BHM, Pennington County, South Dakota, located north of Nicole Street and west of Haines Avenue.

Public Works Committee Consent Items

89. No. PW111203-01 – Approve the proposal presented by the Gandolf Group, LLC to re-vegetate Robbinsdale Park (adjacent to Un-Named Tributary) to expand the wetlands by 0.3 acres and grasslands by 0.5 acres.

90. No. PW120903-01 – Approve Change Order No. 02 and Final for Catron Boulevard Improvements Project No. ST01-1047 to Stanley J. Johnsen Concrete Contractor, Inc. for a decrease of $27,865.65.

91. No. PW120903-02 – Approve Change Order No. 04 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 $12,413.69.

92. No. PW120903-03 – Authorize Mayor and Finance Officer to sign Amendment No. 03 to Professional Service Agreement with CETEC Engineering Services to Design Omaha Street Utilities, 12^th Street to East Boulevard Project No. SSW02-1106 for an amount not to exceed $4,078.30.

93. No. PW120903-04 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement with Kadrmas, Lee & Jackson, Inc. to Design East Eglin Lift Station and Force Main Project No. SS03-1292 for an amount not to exceed $26,118.00.

94. No. PW120903-05 – Authorize Mayor and Finance Office to sign an Agreement with Carl J. and Valerie Duwenhoegger for a permanent water main easement associated with the Water Reclamation Facility Water Main Project No. WRF02-1195; and authorize the payment of $5,000 for the easement.

95. Acknowledge the report from staff of the Public Works Department and Fire Department addressing the Rapid City Regional Airport water concerns.

96. No. 03VE019 – Approve a Vacation of Note on Plat for Black Hills Federal Credit Union on Lot 1 of Block 8, Feigels Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 725 East North Street.

97. No. - 03TP016 – Approve the Final Report of the Intelligent Transportation System Master Plan for Integration Systems.

Legal & Finance Committee Consent Items

98. Request the Council president set a special 2012 Committee meeting for December 29, 2003 , to discuss the Dahl expansion.

99. No. LF112403-02R – Authorize Mayor and Finance Officer to sign Memorandum of Understanding between City of Rapid City, Rapid City Hospitality Association, and Rapid City Area Chamber of Commerce.

100. No. LF121003-01 – Approve Grant Applications from Weed & Seed for service organizations.

101. No. LF121003-02 - Authorize staff to advertise for bids for Weed & Seed Annual Evaluation.

102. No. LF121003-03 – Confirm the Mayor’s appointment of Mark Thomas as the installer representative to the Mechanical Board.

103. No. LF121003-04 – Confirm the Mayor’s appointment of Dale Landis, Brenda Cudmore, Linda Lockner, Renee Kirst, and Kathy Ertel to a one year term on the Mayor’s Committee on Disabilities to expire December 31, 2004 .

104. No. LF121003-05 – Confirm the Mayor’s appointment of Kathy LaForest, Scott Backens, Dave Kurtz, Doug Puetz, Tom Collings, Margot Burton, Shelly Schock and Biran Gosch to a two year term on the Mayor’s Committee on Disabilities to expire December 31, 2005 .

105. Confirm the Mayor’s appointment of Norm Nelson, Dennis Halterman, and Carol Reed Brown to the Historic Preservation Commission.

106. Confirm the Mayor’s appointment of Scott Grote to the Electrical Appeals Board.

107. No. LF121003-07 – Authorize Mayor and Finance Officer to sign Technical Support Agreement with Sweet Computer Services, Inc.

108. No. LF121003-08R – Authorize Mayor and Finance Officer to sign Transportation Services Agreement with Presbyterian Retirement Village of Rapid City, Inc.

109. No. LF121003-09 – Approve Travel Request for Richard Broderick, Dan Olson, and Kevin Hansen to attend the 80-Hour HazMat Technician Course in Pueblo , Colorado , from March 1-2, 2004 , in an amount not to exceed $9,300 (costs to be reimbursed by the County through a grant).

110. No. LF121003-21 – Authorize Mayor and Finance Officer to sign Maintenance Agreement with Best Business Products, Inc. for Copier.

111. No. LF121003-11 – Approve Travel Request for Greta Chapman to attend Public Library Association Meeting in Seattle, Washington, February 24-28, 2004, in the approximate amount of $1,600.

112. No. LF121003-19 – Approve request for special fund for future air quality education opportunities.

113. No. LF121003-20 – Authorize staff to submit a program to ISO in an attempt to regain Class PL6 and CL6 building code effectiveness grading schedule.

114. Authorize staff to pursue the adoption of the 2003 International Codes, including building and fire codes.

115. Request staff to prepare an ordinance to adopt that portion of the 2000 International Codes for hospital occupancies.

116. No. 990 – Approve Resolution Dissolving Tax Increment District #26 on the NE1/4 SW1/4 SE1/4, SW1/4 SW1/4 SE1/4, N1/2 SE1/4 SW1/4 SE1/4, of Section 27, T2N, R7E, BHM, and all adjacent public rights-of-way for Commerce Road and Rand Road including that portion of Fountain Plaza Drive adjacent to Lot 5 of Tract 1 and Tract B of SG Interstate Plaza all located in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Commerce Road, east of Rand Road and south of South Plaza Drive.

117. No. 03TP017 – Approve final 2004 Unified Planning Work Program.

118. No. 03TP018 – Approve Amendment No. 2 to Travel Demand Forecasting Model Update Agreement - No cost time extension.

119. No. 03TP019 – Approve Amendment No. 4 to US Highway 16 Corridor Study Agreement - No cost time extension.

120. No. 03TP020 – Approve 2004 Agreement between the City of Rapid City and the South Dakota Department of Transportation for Accomplishing the Rapid City Area Transportation Planning Process - Federal Highway Administration Funding in the amount of $442,649.

121. No. 03TP021 – Approve 2004 Agreement between the City of Rapid City and the South Dakota Department of Transportation for Accomplishing the Rapid City Area Metropolitan Planning Process - Federal Transit Administration Funding in the amount of $82,193.

122. No. 03TP022 – Approve 2004 Agreement between the City of Rapid City and Black Hills Council of Local Governments for Transit Planning Assistance for the Rapid City Metropolitan Organization Urbanized Area in the amount of $18,000.

123. No. 03TP023 – Authorize Mayor and Finance Officer to sign an Addendum to Agreement 310639 Rapid City Area 1999 Unified Planning Work Program Project Number PL0358(18) for a Time Extension only to December 31, 2004.

124. No. 03TP024 – Authorize Mayor and Finance Officer to sign an Addendum to Agreement 310694 Rapid City Area 2000 Unified Planning Work Program Project Number PL0358(19) for a Time Extension only to December 31, 2004.

125. No. 03TP025 – Authorize Mayor and Finance Officer to sign an Addendum to Agreement 310734 Rapid City Area 2001 Unified Planning Work Program Project Number PL0358(19) for a Time Extension only to December 31, 2004.

126. No. 03TP026 – Authorize Mayor and Finance Officer to sign an Addendum to Agreement 310820 Rapid City Area 2003 Unified Planning Work Program Project Number PL0358 for a Time Extension only to December 31, 2004.

127. No. LF121003-12 – Approve Resolution Writing Off Credit Balance Water Billing Accounts.

128. No. LF121003-13 – Approve Resolution Writing Off Uncollectible Utility Billing Accounts.

129. No. LF121003-14 – Approve Resolution Declaring Property Surplus.

130. No. LF121003-15 – Authorize Mayor and Finance Officer to sign Contract Amendment between the City of Rapid City Black Hills Council of Local Governments to provide management services for the Rapid Transit system.

131. No. LF121003-16 – Authorize Mayor and Finance Officer to sign Contract between the City of Rapid City and McKie Ford to Provide Vehicle Maintenance on Rapid Transit Vehicles.

132. No. LF121003-17 – Authorize Mayor and Finance Officer to sign Consent (A/R Group, L.L.C.) to First Western Bank.

133. Request staff to prepare an ordinance amendment to impose the current restrictions on the use of CIP funds after January 1, 2004 .

134. Approve the following licenses: House Mover: The Royal Company SD, Inc., Kitty L. Johnson; Metals and Gems: Best Pawn, Inc., Bruce R. McKinney; Silver Mountain Coins, Jack Meyer; Pawn Shop: Best Pawn, Inc., Bruce R. McKinney; Residential Contractor: Black Hills Remodelmen, Inc., Larry, Dan & Donald Canaday; Lage Construction, Inc., Jennifer Lage-Landguth; Mike Lewis Construction, Michael E. Lewis; Rave Bros., Inc., Darrell S. Rave & Steven E. Rave; Cal Weidenbach Construction, Cal Weidenbach; Second Hand: Best Pawn, Inc., Bruce R. McKinney; Jack First, Inc., Martin A. Errea; Security Business: Deco Security Services, Inc., Keith L. Emerson; Sign Contractor: Conrad’s Big C Signs, Ron Conrad; Gordon Sign, Robert Monger; Rosenbaum’s Signs, Thomas J. Farrar; Scull Construction Service, Inc., James L. Scull, Jr.; Taxi Business: Wheelchair Services of the BH, Michael E. & Leanne T. Weideman.

Planning Department Consent Items

135. 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.

136. No. 03PL107 - A request by CETEC Engineering for Park Hill Development, Inc. for a Final Plat on Lots 8, 9, 10A, 10B, 11A, 11B, 12A, and 1B of Block 1, Lots 11A, 11B, 12A, 12B, 13A, and 13B of Block 5 located in the SE1/4 NE1/4 and NE1/4 SE1/4 Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 8 thru 18 of Block 2; Lots 2 thru 20 of Block 1; and Lots 1 thru 13 of Block 5, Park Meadows Subdivision, located in the NE1/4 of SE1/4, SE1/4 of NE1/4, and the SW1/4 of NE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in Park Meadows Subdivision.

137. No. 03PL108 - A request by Precision Surveying for Vernell Erickson for a Preliminary and Final Plat on Lot 3R and Lot 5R in Block 6 of Radio Tower Subdivision, located in the SE1/4 of SE1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3 and the east 10 feet of Lot 4; the west 95 feet of Lot 4; Lot 5; all located in Block 6 of Radio Tower Subdivision, located in the SE1/4 of SE1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Cherry Avenue and East Franklin Street.

138. No. 03PL109 - A request by D.C. Scott Co., Land Surveyors for Gary and Connie Janzen for a Preliminary and Final Plat on Lot 6R of Gilmore Subdivision, located in the SE1/4 NW1/4 and the SW1/4 NE1/4 of Section10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 6 and Lot 7 of Gilmore Subdivision and that portion of Lot 10 of Plateau Subdivision shown as a 30 foot private drive contiguous to and north of Lot 6 and Lot 7 of Gilmore Subdivision, located in the SE1/4 NW1/4 and the SW1/4 NE1/4 of Section10, T1N, R8E, BHM, Pennington County, South Dakota, located at 2517 Plateau Lane.

139. No. 03PL111 - A request by FMG, Inc. for Hart Ranch Development Company for a Preliminary and Final Plat on Lots 21R and 22R of Village on the Green No. 2 Subdivision, located in SE1/4 of the SW1/4 and SW1/4 of the SE1/4 of Section 12, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Lot 22 and Lot 23R of Village on the Green No. 2 Subdivision, located in SE1/4 of the SW1/4 and SW1/4 of the SE1/4 of Section 12, T1S, R7E, BHM, Pennington County, South Dakota, located along Hacker Loop.

Raffle

140. No. CC121503-01 – Notification from Youth & Family Services, Head Start Program, of their intent to conduct a raffle on February 15, 2003.

END OF CONSENT CALENDAR

Public Comment on Items 141-148

PLANNING DEPARTMENT - HEARINGS

141. No. 03CA037 - A request by Renner & Sperlich Engineering Company for 16 Plus, LLP for an Amendment to the Comprehensive Plan to change the future land use designation on an 8.22 acre parcel of land from General Agriculture to General Commercial with a Planned Commercial Development 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; less the east 400 feet, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, said parcel contains 8.22 acres more or less, located northwest of the U.S. Highway 16 and Moon Meadows Road.

142. No. 03CA038 - A request by Renner & Sperlich Engineering Company for 16 Plus, LLP for an Amendment to the Comprehensive Plan to change the future land use designation on a 3.78 acre parcel of land from General Commercial to General Commercial with a Planned Commercial Development on the east 400 feet of 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 3.78 acres more or less, located northwest of the U.S. Highway 16 and Moon Meadows Road.

143. Authorization of Mayor and Finance Officer to sign waiver of right to protest a future assessment for street improvements on Lot 3 and the east 10 feet of Lot 4; the west 95 feet of Lot 4; Lot 5; all located in Block 6 of Radio Tower Subdivision, located in the SE1/4 of SE1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Cherry Avenue and East Franklin Street. (03SV043)

144. No. 03SV043 - A request by Precision Surveying for Vernell Erickson for a Variance to the Subdivision Regulations to waive the requirement to install sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot 3R and Lot 5R in Block 6 of Radio Tower Subdivision, located in the SE1/4 of SE1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3 and the east 10 feet of Lot 4; the west 95 feet of Lot 4; Lot 5; all located in Block 6 of Radio Tower Subdivision, located in the SE1/4 of SE1/4 of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Cherry Avenue and East Franklin Street.

145. No. 03SV044 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement as per Chapter 16.16 of the Rapid City Municipal Code on the unplatted portion of the SW1/4 NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the unplatted portion of the NW1/4 SE1/4 less Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Homestead Street.

146. Authorization of Mayor and Finance Officer to sign waiver of right to protest a future assessment for street improvements on Lot 6 and Lot 7 of Gilmore Subdivision and that portion of Lot 10 of Plateau Subdivision shown as a 30 foot private drive contiguous to and north of Lot 6 and Lot 7 of Gilmore Subdivision, located in the SE1/4 NW1/4 and the SW1/4 NE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 2517 Plateau Lane. (03SV045)

147. No. 03SV045 - A request by D.C. Scott Co., Land Surveyors for Gary and Connie Janzen for a Variance to the Subdivision Regulations to waive the requirement to provide additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 6R of Gilmore Subdivision, located in the SE1/4 NW1/4 and the SW1/4 NE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 6 and Lot 7 of Gilmore Subdivision and that portion of Lot 10 of Plateau Subdivision shown as a 30 foot private drive contiguous to and north of Lot 6 and Lot 7 of Gilmore Subdivision, located in the SE1/4 NW1/4 and the SW1/4 NE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 2517 Plateau Lane.

148. No. 03SV046 - A request by FMG, Inc. for Hart Ranch Development Company for a Variance to the Subdivision Regulations to waive the requirement to construct sidewalks along both sides of the street and to reduce the right-of-way width as per Chapter 16.16 of the Rapid City Municipal Code on Lots 21R and 22R of Village on the Green No. 2 Subdivision, located in SE1/4 of the SW1/4 and SW1/4 of the SE1/4 of Section 12, T1S, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Lot 22 and Lot 23R of Village on the Green No. 2 Subdivision, located in SE1/4 of the SW1/4 and SW1/4 of the SE1/4 of Section 12, T1S, R7E, BHM, Pennington County, South Dakota, located along Hacker Loop.

Public Comment on Items 149-151

ORDINANCES & RESOLUTIONS

149. No. 03RZ038 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Rezoning from No Use District to General Commercial District on the following property: 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.

150. No. LF121003-06 – First Reading, Ordinance 4006 entitled An Ordinance Amending the Regulation of Signs Within the City of Rapid City to Allow Certain Roof Signs to be Replaced by Adding a New Subsection to Section 15.28.200 of the Rapid City Municipal Code.

151. No. 03RZ050 - First Reading, Ordinance 4007, a request by Derby Enterprises for Phatty McGee's, Inc. for a Rezoning from General Commercial District to Central Business District on the south 50 feet of Lots 28 thru 32, Block 63, Original Town of Rapid City, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 321 7th Street.

Public Comment on Item 152-155

LEGAL & FINANCE COMMITTEE ITEMS

152. No. LF121003-10 – Request to release $4,000 from moratorium for training of personnel from the Department of Fire and Emergency Services.

153. Set a Special Council Meeting for Monday, December 29, 2003 , at 1:15 p.m.

154. Discussion of general liability insurance.

155. Recommendation on Ward & Precinct Boundaries for annexed areas.

Public Comment on Items 156-157

PUBLIC WORKS COMMITTEE ITEMS

156. No. 03FV007 – A request by the City of Rapid City for a Fence Height Exception for the Solid Waste Operations (Landfill) Division to allow a twenty foot high fence in a Heavy Industrial District Tract A of Wasteland Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5555 South Highway 79.

157. No. 03VE020 – A request for a Vacation of a Non-Access Easement for Dream Design International, Inc. on Lot 1 of Block 10, Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the northeast corner of Prestwick Road and Muirfield Drive.