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

March 1, 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 February 16, 2004  

ADOPTION OF THE AGENDA  

AWARDS AND RECOGNITIONS

1.         Citizen of the Month Award  

2.         2012 Report – Rod Johnson  

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.  

3.         Economic Development – Monthly Update – Pat Burchill  

BID OPENINGS

4.         No. CC030104-02 - Meadowbrook Golf Course Cart Storage Building No. 2 Project No. GC04-1366 (Opened on February 26, 2004)

5.         No. CC030104-02 – Rapid City Library Remodel and Chiller Replacement Project No. IDP03-1337 (Opened on February 26, 2004)

6.         No. CC030104-02 – Waterloo Street and Utility Reconstruction Project, Project No. SSW03-1084 (Opened on February 26, 2004)  

ITEMS FROM THE MAYOR  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

7.         Appeals process for Planning items (CUPs and PDDs) - Kooiker  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – Items 8-27  

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 March 15, 2004:

8.         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.  

9.         No. 03PL035 - A request by Renner & Sperlich Engineering Company for Dean Kelly for a Final Plat on Lots B and C of Lot 6, Miracle Pines Subdivision located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6 of Miracle Pines Subdivision located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3960 Corral Drive.  

10.       No. 03PL042 - A request by Renner and Sperlich Engineering Co. for Gordon Howie for a Layout, Preliminary and Final Plat on Lots 1 thru 5 of Block 18, Lots 1 thru 6 of Block 19, Lot 1 of Block 20, and Lots 1 thru 12 of Block 21, and Drainage Lot A, Trailwood Village, located in the E1/2 of the SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the balance of Tract T of Trailwood Village, located in the E1/2 of the SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located west of the intersection of Pluto Drive and Reservoir Road.  

11.       No. 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.  

12.       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.  

13.       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.  

14.       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.  

15.       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.  

16.       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.  

17.       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 U.S. Highway 16 and Moon Meadows Road.  

18.       No. 03PL097 - A request by Renner & Sperlich Engineering Company for Doeck, LLC for a 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.  

19.       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.  

20.       No. 03PL104 - A request by Dream Design International, Inc. for a 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.  

21.       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 U.S. Highway 16 and Moon Meadows Road.  

22.       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.  

23.       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.  

24.       No. 04PL003 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Layout and Preliminary Plat on Lots 1, 2 and 3 of Block 22, Trailwood Village located in the E1/2 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village located in the E1/2 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located along Williams Street.  

25.       No. 04SV001 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, sewer, water, street light conduit and pavement along the eastern 115 feet of Homestead Street 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, located along Homestead Street.  

Continue the following items until April 5, 2004:

26.       No. 04CA002 - A request by Stanley & Durr LLC dba Fjords Ice Cream Factory for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.932 acre parcel of land from Residential to Neighborhood Commercial on Lots 1 and 2, Mediterranean Subdivision, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1805 and 1815 38th Street.  

27.       No. 04RZ002 – Second Reading, Ordinance 4026, a request by Stanley & Durr LLC dba Fjords Ice Cream Factory for a Rezoning from Medium Density Residential District to Neighborhood Commercial District on Lots 1 and 2, Mediterranean Subdivision, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1805 and 1815 38th Street.  

End of Continued Items Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS  

Hearings

28.       Ristorante Marsala, LLC dba Ristorante Marsala, 609 Main Street , for an On-Sale Wine License (New License – No Video Lottery)

29.       Ristorante Marsala, LLC dba Ristorante Marsala, 609 Main Street , for an On-Off Sale Malt Beverage License (New License – No Video Lottery)  

Set for Hearing ( March 15, 2004 )

30.       Mary Jane Freimark dba The Embers, 5412 South Highway 16, for an On-Off Sale Malt Beverage License (New License – No Video Lottery)

31.       Mary Jane Freimark dba The Embers, 5412 South Highway 16, for an On- Sale Wine License (New License – No Video Lottery)

CONSENT CALENDAR ITEMS– 32-78

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

32.       Approve a request for a Variance to the City’s sewer hook-up requirement for Kerry and Lew Papendick, 5508 Sunburst Drive ; contingent upon signing a Waiver of Right to Protest any future assessed project.

33.       No. PW022404-02 – Accept the recommendation of the Parks & Recreation Subcommittee to not proceed with the donation proposal of the 52.8 acres in the Enchanted Hills commons area, pending resolution of the site access issue.  

34.       No. PW022404-03 – Accept the recommendation of the Parks & Recreation Subcommittee and request that staff enter into negotiations with the Rapid City School system for the development and funding of a Joint Use Facility Master Plan for the Rapid Valley School site including both the design of recreational facilities and land acquisition.

35.       No. PW022404-04 – Approve Change Order No. 05 for CoCompost Facility Project No. SWO 02-1168 to RCS Construction for an increase of $25,038.

36.       No. PW022404-05 – Approve Change Order No. 04 for Water Reclamation Facility Expansion Project No. WRF02-1173 to Glenn C. Barber & Associates, Inc. for an increase of $55.38.

37.       No. PW022404-06 – Approve Change Order No. B04 for Roosevelt Park Pool Complex Project No. PR02-1208 to RCS Construction for an increase of $16,716.

38.       No. PW022404-07 – Authorize staff to advertise for bids for Water and Sewer Reconstruction, SE Connector Road – Highway 79 Project No. SSW02-1137.

39.       No. PW022404-08 – Authorize staff to advertise for bids for Sheridan Lake Road Joint Seal and Panel Replacement Project No. STCM03-1294.

40.       No. PW022404-09 – Authorize staff to advertise for bids for Star of the West Parking Lot Project No. PR04-1336.

41.       No. PW022404-10 – Authorize staff to advertise for bids for Minneluzahan Senior Center Parking Lot Overlay Project No. PL04-1343.

42.       No. PW022404-11 – Authorize Mayor and Finance Officer to sign Amendment No. 02 to a Professional Service Agreement with FMG, Inc. to design SE Connector (S) – Hwy 44 to Hwy 79 Project No. SSW02-1137 for an amount not to exceed $3,210.

43.       No. PW022404-12 – Authorize Mayor and Finance Officer to sign a Professional Service Agreement with Dream Design International to design East Anamosa Water Main Extension Project No. W04-1370 for an amount not to exceed $6,500.

44.       No. PW022404-13 – Authorize Mayor and Finance Officer to sign a Cost Share Agreement with the Rapid Valley Sanitary District for replacement of the School Drive Meter Pit for an amount not to exceed $45,000.

45.       No. PW022404-14 – Authorize staff to proceed with Request for Proposals for Mall Ridge Lift Station Improvements Project No. SS03-1255.

46.       No. PW022404-15 – Approve a Resolution Establishing Supplemental Tap Fees for Dyess Water Main Extension Project No. W99-845.

47.       No. PW022404-16 – Request staff to install four stop signs on Mt. View Road at Arrow Street.

48.       No. 04VE001 – Approve with stipulations a Vacation of Major Drainage Easement for FMG, Inc. for Kohls Department Stores, Inc. on Lot 2R, Five Star Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Interstate 90.

49.       No. 04RD001 – Approve a Resolution to change that portion of the road named Rapid Street to Apolda Street between the intersection of Rapid Street and 6th Street and Rapid Street and Mt. Rushmore Road.  

Legal & Finance Committee Consent Items

50.       Request that the Mayor appoint a task force to work with the Game, Fish & Parks to come up with the most economical way to harvest and dispose of the deer in order to properly manage the deer herd in Rapid City.

51.       Request the Mayor to appoint a task force consisting of Ron Kroeger, Sam Kooiker, Ray Hadley, Jeff Partridge, staff members, and some of the landowners in the area to work on a plan to complete the East Anamosa Street extension from Walmart to Menard’s.

52.       No. CC030104-04 - Acknowledge the CIP Committee report.

53.       No. LF022504-01 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding (Final Extension of Modified Work Schedule).

54.       No. LF022504-02 – Approve Travel Request for Ray Cornford to attend Assessor Training Conference for CALEA in Pasadena, California, from March 17-20, 2004, in an approximate amount of $1,826.

55.       No. LF022504-03 – Authorize Mayor and Finance Officer to sign Agreement with Sweet Computer Services, Inc. for Technical Support.

56.       No. LF022504-04 – Approve Travel Request for Bill Paez to attend Firehouse Software Education & Training Seminar in San Diego, CA, from April 14-18, 2004, in an approximate amount of $1,550.

57.       No. LF022504-05 – Approve Travel Request for Dave Lepine to attend Basic Airport Safety & Operations Specialist School in New Orleans, LA, from March 14-17, 2004 in the approximate amount of $1,400.

58.       No. LF022504-06 – Approve the Subsidy Committee’s preliminary recommendations for Community Development Block Grant (CDBG) funding for FY 2004 and to request staff to move forward with the public hearing.

59.       No. LF022504-18 – Request staff to continue researching the campus-type signage issue and bring back a recommendation to the June 2, 2004 , Legal and Finance Committee meeting.

60.       No. LF022504-07 – Approve Resolution Declaring Property Surplus.

61.       No. LF022504-08 – Authorize Mayor and Finance Officer to sign Audit Engagement Letter to contract with Ketel Thorstenson, LLP to perform the 2003 financial audit of the City at a cost of $35,000.

62.       No. LF022504-09 – Approve Travel Request for Duane Baker and Ron Nordell to attend National Weed and Seed Law Enforcement Conference in Buffalo, New York, from May 17-20, 2004, in an approximate amount of $1,836.

63.       No. CC030104-08 – Approve Resolution Authorizing Release of Moratorium Funds, Relating to Ordinance 3972, 2004 Appropriation Ordinance

64.       No. LF022504-11 – Approve Non-Union Personnel Policy Revisions.

65.       No. LF022504-13 – Authorize Mayor and Finance Officer to sign Amendment No. 1 to Agreement for Animal Shelter Services between City of Rapid City and the Humane Society of the Black Hills.

66.       No. LF022504-14 – Authorize Mayor and Finance Officer to sign Amendment No. 1 to Agreement for Animal Control Services between City of Rapid City and the Humane Society of the Black Hills.

67.       No. LF022504-15 – Approve request for 2004 Concession License Agreement for LuAnn Borden, dba Crazy Cow Treats, contingent upon receipt of proof of insurance.

68.       No. LF022504-16 – Approve Resolution Adopting a Policy to Create an Ad Hoc Public Arts Committee as Necessary.

69.       Request staff to obtain an appraisal on the City’s property north of the Visitors Information Center , to appoint a board of freeholders, and to move forward with the platting process.

70.       No. LF022504-19 – Request staff to send a letter to legal counsel for Federal Beef asking for a tighter timeline for cleanup of the property and requesting that any health or safety issues be taken care of immediately or the City Council will be looking at other alternatives.

71.       No. LF022504-17 – Authorize Mayor and Finance Officer to sign Addendum to Contract with Golf Professional Tracy Hamblet.

72.       No. CC030104-05 - Approve the attached list of licenses.  

Planning Department Consent Items

73.       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.  

74.       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.  

75.       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.  

76.       No. 04PL002 - A request by Timothy Kopren for a Preliminary Plat on Lot A and Lot B of Lot 2 of Block 1, Clarkson Subdivision, located in the NE1/4 of the NE1/4 of Section 31, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Block 1, Clarkson Subdivision, located in the NE1/4 of the NE1/4 Section 31, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 7989 Clarkson Road.  

77.       No. 04PL004 - A request by Sperlich Consulting, Inc. for Dennis Zandstra for a Layout and Preliminary Plat on Lots 3 thru 5 of Block 9 and Lots 11 thru 16 of Block 10 of Elks Country Estates, located in the NE1/4 of the NW1/4, Section 16, T1N, R8E, Rapid City, Pennington County, South Dakota, legally described as a portion of Lots 6 and 8 of Block 10 of Elks County Estates and a portion of Tract 1 of the E1/2 of Section 16, located in the NE1/4 of the NW1/4, Section 16, T1N, R8E, Rapid City, Pennington County, South Dakota, located south of Willowbend Road along Padre Drive and Sawgrass Court.  

Raffle

78.       No. CC030104-12 – Notification of Raffle submitted by Black Hills Pony League, said raffle to be held in Late May, 2004.  

END OF CONSENT CALENDAR  

PUBLIC HEARING

79.       No. CC030104-01 – Resolution of Necessity for Centre Street Sanitary Sewer Extension Project SS00-940  

PLANNING DEPARTMENT ITEMS

80.       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.  

81.       No. 04CA001 - A request by Bruce Olson for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Area Future Land Use Plan to change the future land use designation on a 0.13 acre parcel from Low Density Residential to Medium Density Residential on Lots 4 and 5, Block 1, Haley's Addition, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1123 North 7th Street.  

82.       No. 04PD001 - Appeal of the Planning Commission 's decision on a request by Lorraine Hellevang for a Major Amendment to a Planned Residential Development to reduce the rear yard setback from 25 feet to 13 feet on Lot 1 of Block 3, Fairway Hills PRD, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4023 Pinehurst Court.  

83.       No. 04SV002 - A request by Dream Design International, Inc. 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 on 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.  

ORDINANCES & RESOLUTIONS

84.       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.  

85.       No. LF021104-01R – First Reading, Ordinance 4024 entitled An Ordinance Adding a Definition of “Security Activity” to the Security License Regulations by Amending Section 5.52.010 of the Rapid City Municipal Code.  

86.       No. 04RZ001 – Second Reading, Ordinance 4025, a request by Bruce Olson for a Rezoning from Low Density Residential District to Medium Density Residential District on Lots 4 and 5, Block 1, Haley's Addition, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1123 North 7th Street.  

87.       No. LF021104-10 – Second Reading, Ordinance 4027 entitled An Ordinance Amending Motor Vehicle Noise Restrictions by Amending Chapter 10.24 of the Rapid City Municipal Code.  

88.       No. 04OA004 – First Reading, Ordinance 4028 entitled An Ordinance Pertaining to Adoption of the Comprehensive Plan Amending the Public Notice Requirements in Advance of the Public Hearing by Amending Section 2.60.150 of The Rapid City Municipal Code.  

LEGAL & FINANCE COMMITTEE ITEMS

89.       Request the Mayor to appoint a Technical Specification Review Committee to review the City specifications, suggest any necessary amendments, review how they will be adopted, how they will be applied and bring the names back to the City Council for confirmation.

 90.     Request the Mayor to appoint task forces to review the 2003 International Building Codes (residential and commercial) prior to adoption in July of 2004 and to bring those names forward to the City Council for confirmation; membership to include Residential Contractor Board, staff members Curt Bechtel (Building Inspection), and Tim Behlings (Fire Department); and members of the commercial codes will be Gene Fennel, Jaimie Stampie, David St. Pierre, Bill Barber, staff members Brad Solon (Building Inspection) and Tim Behlings (Fire Department).

91.       Update on Audio/Video System in the Council Chambers.  

92.       Discussion regarding changing length of term for the Office of Mayor from two years to three years.  

93.       No. CC030104-07 - Local Board of Equalization Hearings

94.       No. CC030104-06 - Remodel Options for Public Works/Engineering Areas

PUBLIC WORKS COMMITTEE ITEMS

95.       Presentation from the South Dakota Department of Transportation on 5th Street parking during the Omaha Street Reconstruction Project.  

96.       Allocate $144,300 from the CIP Street and Drainage Line Item for the Lange Road Construction Project.  

97.       No. CC030104-09 - Authorize staff to advertise for bids for Lange Road Relocation at Exit 55 (Deadwood Avenue Project No. ST03-1253.  

98.       No. CC030104-10 – Authorize Mayor and Finance Officer to sign a Cost Sharing Agreement with Rapid City and Sturgis Motorcycles, Inc. dba Black Hills Harley Davidson.  

99.       No. CC030104-11 – Authorize Mayor and Finance Officer to sign Amendment #1 to the SDDOT Agreement for the Lange Road Construction Project.  

100.    Request staff to proceed with a contracted lighting service and install three 250 watt flood lights in the Denver Park area.  

CIP COMMITTEE ITEMS  

FINANCE OFFICER’S ITEMS  

APPROVAL OF BILLS  

POLICE DEPARTMENT ITEMS  

PUBLIC WORKS DIRECTOR’S ITEMS  

CITY ATTORNEY’S ITEMS  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADJOURN