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

February 2, 2004

(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 January 19, 2004  

ADOPTION OF THE AGENDA  

AWARDS AND RECOGNITIONS

1.         Citizen of the Month Award  

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.  

2.         Allied Arts Fund Drive – Invitation to Campaign Kick-Off  

3.         Native American Students concern about statues in Downtown Area  

BID OPENINGS (None)  

ITEMS FROM THE MAYOR

4.         2012 Project Update  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – Items 5-34

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  

Continue the following items until February 16, 2004:

5.         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 Vale Road.  

6.         No. 03CA044 - A request by WellSpring, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 1.240 acre parcel of land from Light Industrial to Office Commercial with a Planned Commercial Development on Lots 1 thru 5, Block 11, Bradsky Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1205 E. St. James Street.  

7.         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.  

8.         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.  

9.         No. 03PL045 - A request by Michael Hanson for Kent Hagg Esq. for Burnell A. Lutz for a Preliminary and Final Plat on Lots A and B of Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1903 North Maple Avenue.  

10.       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.  

11.       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.  

12.       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.  

13.       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.  

14.       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.  

15.       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.  

16.       No. 03PL099 - A request by FMG, Inc. for Bill Freytag for a 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.  

17.       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.  

18.       No. 03PL117 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1 and 2, Block 12; Lots 1 thru 7, Block 15; Lots 1 thru 10, Block 17;  Lots 1 thru 17, Block 18; Outlots G-1, G-2, G-3 and X and dedicated streets, Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Prestwick Road and Bethpage Drive.  

19.       No. 03RZ052 – Second Reading, Ordinance 4009, a request by WellSpring, Inc. for a Rezoning from Flood Hazard District to Office Commercial District on Lots 1 thru 3, Block 11, Bradsky Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1205 E. St. James Street.  

20.       No. 03RZ053 - Second Reading, Ordinance 4010, a request by WellSpring, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District on Lots 4 and 5, Block 11, Bradsky Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1205 E. St. James Street.  

21.       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.  

22.       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.  

23.       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.  

24.       No. 03SV048 - A request by D.C. Scott Co. for Jerry Burrow for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and pavement and to waive the requirement to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lot 16 of Twilight Hills Subdivision, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at 5252 Ross Court.  

25.       No. 03SV050 - A request by Fisk Land Surveying & Consulting Engineers Inc. for Rapid City Congregation of Jehovah's Witnesses 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 Lot 1 Revised of Block 7 of Morningside Addition, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 4, Block 7; and, Lots 5 and 6, Block 8; all located in Morningside Addition, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of West Boulevard North along Oriole Drive and Thrush Drive.  

26.       No. 03SV051 - A request by Olsen Development Co., Inc. for a Variance to the Subdivision Regulations to waive the requirement to reduce the easement width from 49 feet to 32 feet, to reduce the easement width from 52 feet to 32 feet, to reduce the pavement width from 27 feet to 24 feet, to waive the requirement to provide sidewalks on both sides of the street, and to allow a lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 28, Block 5, Windmere Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 5, Windmere Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the southwest corner of Twilight Drive and Meadow Lane.  

27.       No. 03VR015 - A request by Sperlich Consulting, Inc. for Dean Kelly for a Vacation of Section Line Highway on the section line highway located along the north lot line of Lot 6, Miracle Pine Subdivision, all located in the SE1/4 of SW1/4 of Section 16 and in the NE1/4 of NW1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3960 Corral Drive.  

28.       No. 04OA002 – Second Reading, Ordinance 4014 entitled An Ordinance Amending Section 17.50.250(C) of the Rapid City Municipal Code Pertaining to Provisions for Wheelchair Ramps.  

Continue the following items until March 1, 2004:

29.       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.  

30.       No. 03PL091 - A request by Renner and Sperlich for Doeck, LLC for a Layout, Preliminary and Final Plat on Tracts A and B, Auburn Hills Subdivision, located in the NW1/4 of SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SW1/4 located in the NW1/4 of SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Chalkstone Drive and Auburn Drive.  

31.       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.  

32.       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.  

33.       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.  

Continue the following item until April 5, 2004:

34.       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.  

End of Continued Items Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS  

Hearings

35.       Rapid City Arts Council for a Special Malt Beverage and Special Wine License to be used at the Dahl Art Museum, 713 Seventh Street, on February 6, 2004.  

Set for Hearing ( February 16, 2004 )

36.       Pennington County Democratic Party, for a Special Wine License to be used on February 20, 2004 at Prairie Edge, 606 Main Street

37.       Rushmore Soccer Club, for a Special Malt Beverage License to be used on March 20, 2004 at the Knights of Columbus Hall, 910 Fifth Street  

CONSENT CALENDAR ITEMS – 38-95  

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  

Set for Hearing (None)  

Public Works Committee Consent Items

38.       No. PW012704-24 – Request staff to contact Kenneth Hargens, 1202 5th Street about options to repair a water shut-off valve; including the option to freeze the pipe below the shut-off valve.

39.       No. PW012704-02 – Approve Change Order No. 02 and Final for Dyess Avenue Water System Construction Project No. W99-845 to Heavy Constructors, Inc. dba Excavating Specialists for a decrease of $4,929.31.

40.       No. PW012704-03 – Authorize staff to advertise for bids for Fifth Street Extension Project No. ST03-914 (ST01-1095).

41.       No. PW012704-04 – Authorize staff to advertise for bids for Rapid City Library Remodel and Chiller Replacement Project No. IDP03-1337.

42.       No. PW012704-05 – Authorize staff to advertise for bids for Meadowbrook Golf Course Cart Storage Building No. 2 Project No. GC04-1366.

43.       No. PW012704-06 – Authorize staff to advertise for bids for One (1) New Current Model Year Utility Vehicle with Weed Sprayer for Cemetery.

44.       No. PW012704-07 – Authorize staff to advertise for bids for One (1) New Current Model Year 2 ½ Ton Dump Truck for Parks Division.

45.       No. PW012704-08 – Authorize staff to advertise for bids for One (1) New Current Model Year 60” Mower for Parks Division.

46.       No. PW012704-09 – Authorize staff to advertise for bids for One (1) New Current Model Year Self-Propelled Turf Sweeper for Parks Division.

47.       No. PW012704-11 – Authorize Mayor and Finance Officer to sign a Professional Service Agreement with CETEC Engineering to design Catron Blvd. Sanitary Sewer Extension, Hwy 79 to 5th Street, Project No. SS01-1052 for an amount not to exceed $38,713.75.

48.       No. PW012704-12 – Authorize Mayor and Finance Officer to sign Amendment No. 02 to a Professional Service Agreement with Ferber Engineering to design Fifth Street Extension Project No. ST00-914 (ST01-1095) for an amount not to exceed $44,588.

49.       No. PW012704-13 – Authorize Mayor and Finance Officer to sign a South Dakota Department of Transportation Agreement to Exchange Federal for State Funds for Construction of Project P 1669(00) PCEMS 3595, Haines Avenue from Northridge Drive to Viking Drive.

50.       No. PW012704-14 – Authorize Mayor and Finance Officer to sign a South Dakota Department of Transportation Letting Authorization for Project P 1669(00) PCEMS 3595, Haines Avenue from Northridge Drive to Viking Drive.

51.       No. PW012704-15 – Authorize Mayor and Finance Officer to sign a South Dakota Department of Transportation Right-Of-Way Certification for Project P 1669(00) PCEMS 3595, Haines Avenue from Northridge Drive to Viking Drive .

52.       No. PW012704-16 – Authorize Mayor and Finance Officer to sign a South Dakota Department of Transportation Amended Right-Of-Way Agreement for Project P 1669(26) PCEMS 3595, Haines Avenue from Northridge Drive to Viking Drive .

53.       No. PW012704-17 – Authorize Mayor and Finance Officer to sign a South Dakota Department of Transportation Financial and Maintenance Agreement for Project NH 2016(15)66 PCEMS 6393, US16B and 5th Street Extension.

54.       No. PW012704-18 – Approve an Initial Resolution setting time and place for hearing on March 1, 2004 for Centre Street Sanitary Sewer Extension Project No. SS00-940.

55.       No. PW012704-19 – Approve the installation of a stop sign in median of West Boulevard for east/west traffic at Kansas City, Quincy, and Franklin streets (pursuant to ordinance 10.12.120).

56.       No. PW012704-22 –  Approve Policy Statement No. 3-03, Reimbursement to customers for pressure reducing valve installation.

57.       No. PW011304-16 – Request staff to proceed with platting the unplatted portion of City-owned property along Hwy 16 as two lots to be zoned as General Commercial on the front and Office Commercial on the back.  

Legal & Finance Committee Consent Items

58.       No. LF012804-01 - Approve Travel Request for Mayor Jim Shaw and Ron Kroeger to attend NLC Congressional City Conference on March 6-9, 2004 , in Washington , D.C. in an approximate amount of $3,338.

59.       No. LF012804-02 – Confirm reappointment of Dave Davis to the Rushmore Plaza Civic Center Board of Directors.

60.       No. LF012804-03 – Confirm appointment of Adam Altman to the Historic Preservation Commission.

61.       No. LF012804-04 – Confirm appointment of Lynda Clark and Monte Loos to the Rapid City Library Board.

62.       No. LF012804-05 – Confirm appointment of Wayne Loof and Gary Babl to the Residential Contractor Board.

63.       Continue discussion on videotaping of Public Works & Legal and Finance Committee meetings and funding for installation of DVD recording and/or telestrator to the February 11, 2004, Legal and Finance Committee.

64.       No. LF012804-06 – Hadley moved to acknowledge the following CIP Committee Report a) Approve proposed changes to the Streets & Drainage Base Document, as outlined on the attached spreadsheet presented by Engineering Division Manager Dan Coon; b) Authorize staff to carry forward 2003 Streets & Drainage CIP funds to 2004; c) Allocate up to $10,000 from the 2004 CIP Contingency Fund for the Minneluzahan Senior Center Parking Lot Project; with the understanding that staff will investigate alternative funding sources; d) Approve the reallocation of 2003 Parks & Recreation Contingency Carry Over Funds in the amount of $2,650 to be utilized as match funding for expansion of the Jackson Park Disc Golf Course to an 18-hole course.

65.       Request Mayor to appoint a Design Review Committee of landowners, Council members and City staff to coordinate the design process for East Anamosa Street construction from LaCrosse Street to East North Street.

66.       No. LF012804-07 – Authorize Mayor and Finance Officer to sign Agreement for Independent Contractor Services with Dr. Robert Looyenga.

67.       No. LF012804-08 – Authorize Mayor and Finance Officer to sign Intergovernmental Agreement for Hazardous Material Emergency Assistance with Hughes County, Harding County, Meade County, Custer County, Lawrence County, Fall River County, and Butte County.

68.       No. LF012804-09 – Authorize Mayor and Finance Officer to sign Wellmark of South Dakota, Inc. Entity Agreement.

69.       Approve recommendation from EMSOC to increase ambulance event standby rates.

70.       Approve recommendation from EMSOC regarding factoring in medical Consumer Price Index increase to the approved rate structure.

71.       No. LF012804-10 – Approve Travel Request for Fire Chief Gary Shepherd and EMS Chief Michael Thompson to attend “Fire-Rescue Med 2004” Conference in Las Vegas, NV, April 24-28, 2004, in the approximate amount of $2,990.

72.       No. LF012804-11 – Approve Travel Request for Eric Martens, Alan Johnson, and Kurt Klunder (paramedics) to attend Critical Care Transport Program Classes at Fort Meade, South Dakota, March 15-22, 2004, in the approximate amount of $2,700 (ambulance budget).

73.       No. LF012804-12 – Approve Travel Request for Randy Rearick and Craig Chilson to attend Aircraft Rescue & Firefighting Leadership Seminar in Orlando, FL, from February 24-28, 2004, in an approximate amount of $2,320.68.

74.       No. LF012804-13 – Approve the policies and procedures for the Community Development Neighborhood Restoration Program and request that staff work together to finalize the necessary forms.

75.       No. 04TP001 – Approve Professional Services Agreement for the Airport Neighborhood Area Future Land Use Plan between the City of Rapid City and Ferber Engineering Co., Inc. in the amount of $61,300.44.

76.       No. 04TP002 – Approve Professional Services Agreement for the Southeast Connector Neighborhood Area Future Land Use Plan between the City of Rapid City and Ferber Engineering Co., Inc. in the amount of $67,109.50.

77.       No. LF012804-14 – Authorize Mayor and Finance Officer to sign Agreement with Manning Janitorial Service (Dahl).

78.       No. LF012804-15 – Authorize City to enter into Contract with SIGMA Actuarial Consulting Group, Inc. to provide an actuarial analysis of the Worker Compensation Fund at a cost of $6,000.

79.       No. LF012804-16 – Approve Resolution Declaring Property Surplus.

80.     Acknowledge Fifth Street Extension briefing on funding.

81.       No. LF012804-25 – Approve Travel Request for Patricia Pummel and Connie Ewing to Attend National Weed & Seed Meeting-Continuation Grant Conference in Dallas, Texas, from February 23-27, 2004, in the approximate amount of $1,640.

82.       No. LF012804-17 – Confirm appointment of Joel Landeen as Assistant City Attorney II.

83.       No. LF012804-19 – Authorize Mayor and Finance Officer to sign Agreement with Dakotah Bank and Gandolf Development, LLC.

84.       Authorize preparation of H Lot Plat for Fifth Street Extension.

85.       No. LF012804-22 – Approve Resolution Regarding Supplemental Tap Fees.

86.       No. LF012804-24 – Authorize Mayor and Finance Officer to sign Cost Sharing Agreement with Eldene Henderson.

87.       No. LF012804-23 – Approve the following abatements:  Edward P. Heisler/Greene, 2003, $919.42; Eugene U. Pluth/Curtis, 2003, $263.22; Dennis Zandstra, 2003, $28.04.

88.       No. CC020204-05 – Approve the attached list of licenses.  

Planning Department Consent Items

89.       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.  

90.       No. 03PL125 - A request by Fisk Land Surveying & Consulting Engineers Inc. for Rapid City Congregation of Jehovah's Witnesses for a Layout Plat on Lot 1 Revised of Block 7 of Morningside Addition, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 4, Block 7; and, Lots 5 and 6, Block 8; all located in Morningside Addition, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of West Boulevard North along Oriole Drive and Thrush Drive.  

91.       No. 03PL126 - A request by Gary Renner for First Western Bank for a Layout Plat on Tract A of Block 4, Riverside Addition, located in SE1/4 of SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 16, Lots 21 thru 28, Lots A thru F, and vacated alley, all located in Block 4 of Riverside Addition, and a portion of Eleventh St. Right-of-Way, located in SE1/4 of SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Omaha Street and West Boulevard.  

Raffles

92.       No. CC020204-01 – Acknowledge notification from the American Heart Association of their intent to conduct a raffle on February 7, 2004 during the Rapid City Heart Ball event to be held at the Ramkota Hotel and Conference Center  

93.       No. CC020204-02 – Acknowledge notification from Unity of the Black Hills of their intent to conduct a raffle in 2004 (2004 Harley Davidson Motorcycle)  

94.       No. CC020204-03 – Acknowledge notification from the Children’s Miracle Network of their intent to conduct the Great Black Hills Duck Race on Sunday, August 1, 2004 along Rapid Creek; and to conduct the Kids Carnival in Memorial Park on the same date.  

95.       No. CC020204-04 – Acknowledge notification from the Rapid City Library Foundation of their intent to conduct a raffle in February, 2004 (Jerry Seinfeld tickets)  

END OF CONSENT CALENDAR  

PLANNING DEPARTMENT ITEMS

96.       No. 03CA045 - A request by Thurston Design Group, LLP for the Children's Home Society of South Dakota for an Amendment to the Comprehensive Plan by revising the Elk Vale Neighborhood Area Future Land Use Plan to change the future land use designation on a 2.79 acre parcel from a Low Density Residential to Office Commercial with a Planned Commercial Development on Tract B, Neff's Subdivision #4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1330 Jolly Lane.  

97.       No. 03PL123 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Layout Plat in the NW1/4 SW1/4 less Tract R in the NW1/4 SW1/4 and less NE1/4 NE1/4 NE1/4 NW1/4 SW1/4; N1/2 N1/2 N1/2 N1/2 SW1/4 SW1/4, all in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Minnesota Street west of 5th Street.  

98.       Authorization for Mayor and Finance Officer to sign waiver of right to protest a future assessment for street improvements on 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. (03SV013)  

99.       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.  

100.    No. 03SV049 - A request by Centerline for Magheramore, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, sewer, water, pavement and to provide a planting screen as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 10, Block 1, Darlington Estates, Section 34, T1N, R8E, BHM, Pennington County, South Dakota, legally described as that portion of the NE1/4 lying west of railroad right-of-way; N1/2 NW1/4; SE1/4 NW1/4; NE1/4 SW1/4, Section 34, T1N, R8E, BHM, Pennington County, South Dakota; that portion of the NE1/4 NE1/4 lying east of Old Folsom Road, Section 33, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Lamb Road and Old Folsom Road.  

101.    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.  

ORDINANCES & RESOLUTIONS

102.    No. 04OA001 – Second Reading, Ordinance 4013 entitled An Ordinance Amending Section 17.04.240 of the Rapid City Municipal Code Pertaining to the Definition of "Dwelling Unit".  

103.    No. CC011904-03 - Second Reading, Ordinance 4015, Supplemental Appropriation No. 1 for 2004  

104.    No. 03RZ056 – Second Reading – Ordinance 4016, a request by Gary Renner for First Western Bank for a Rezoning from Light Industrial District to General Commercial District on Lots 1 thru 16, Lots 21 thru 28, Lots A thru F, all located in Block 4 of Riverside Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Omaha Street and West Boulevard.  

105.    No. 03RZ057 - Second Reading – Ordinance 4017, a request by Thurston Design Group, LLP for the Children's Home Society of South Dakota for a Rezoning from Low Density Residential District to Office Commercial District on Tract B, Neff's Subdivision #4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1330 Jolly Lane.  

106.    No. LF012804-18 – First Reading, Ordinance 4019 entitled An Ordinance Amending the Regulation of Adult Oriented Businesses by Amending Section 5.70.120 of the Rapid City Municipal Code.  

107.    No. 04AQ001 – First Reading, Ordinance 4020 entitled An Ordinance Amending the Rapid City Air Quality Regulations by Amending Section 8.34.020 of the Rapid City Municipal Code to Remove the Rapid City Regional Airport Area from the Air Quality Control Zone.  

108.    No. CC020204-06 – First Reading, Ordinance 4022, entitled An Ordinance Adopting the 2000 International Building Code, International Residential Code, and International Fire Code; and request information on the impact of the adoption of these codes.  

LEGAL & FINANCE COMMITTEE ITEMS

109.    Request from Doyle Estes to change payment agreement for Simmons Boulevard to pay the proceeds directly to the City within 30 days after the plat is approved rather than prior to the final plat being approved.  

110.    Approve recommendation from EMSOC to Add “Stretcher Charge” to Approved Rate Structure.  

111.    No. LF012804-20 – Resolution of Necessity for Condemnation (Fifth Street).  

112.    No. LF012804-21 – Authorize Mayor and Finance Officer to sign IDPF Agreement with Lazy P-6, LLC and Stoneridge, LLC (Fifth Street).  

PUBLIC WORKS COMMITTEE ITEMS

113.    No. PW012704-01 – Water damage from broken service line (polyB) between main and curb stop, David Elkjer, 3401 Hallmark Court .  

114.    No. PW012704-10 – Authorize Mayor and Finance Officer to sign a Professional Service Agreement with Thurston Design Group to design Dahl Fine Arts Center Expansion Project No. IDP04-1367 for an amount not to exceed $641,540, plus reimbursable expenses.  

CIP COMMITTEE ITEMS

115.    Public Hearing on Proposed Changes to the CIP Plan  

116.    Approve proposed changes to the Streets & Drainage Base Document, as outlined on the attached spreadsheet presented by Engineering Division Manager Dan Coon;  

117.    Authorize staff to carry forward 2003 Streets & Drainage CIP funds to 2004;  

118.    Allocate up to $10,000 from the 2004 CIP Contingency Fund for the Minneluzahan Senior Center Parking Lot Project; with the understanding that staff will investigate alternative funding sources;  

119.    Approve the reallocation of 2003 Parks & Recreation Contingency Carry Over Funds in the amount of $2,650 to be utilized as match funding for expansion of the Jackson Park Disc Golf Course to an 18-hole course.  

FINANCE OFFICER’S REPORT  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT  

PUBLIC WORKS DIRECTOR’S REPORT  

CITY ATTORNEY’S REPORT  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADDENDUM

120.    Signs in the Right-of-Way (Kooiker & Hadley)  

121.    No. PW112503-05 - Approve Fifth Street Funding

ADJOURN