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

August 2, 2004 - 7:00 P.M.

(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 

Approve Minutes of July 19, 2004 with a correction to reflect that the Street Division Sand/Salt Storage Building #3 Project No. IDP04-1408 was awarded Lost Cabin-Lipp Construction, LLC; and July 26, 2004 (Special Council). 

Adoption of the Agenda 

Awards and Recognitions

General Public Comment

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

Bid Openings

1.                  No. CC080204-01 Dahl Fine Arts Center Expansion, Elevator Replacement Project No. IDP04-1367 (opened on July 28, 2004) 

Items from the Mayor

2.                  2012 Report 

Items from Council Members/Liaison Reports

3.                  City Administrator Position, Alderman French 

Motions for Delivery of Item From Committee 

Continued Items Consent Calendar – Items 4-29 

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 August 16, 2004:

4.                  No. 04AN009 - A request by Dream Design International, Inc. for a Petition for Annexation on the W1/2 SE1/4 and SE1/4 SE1/4 and N1/2 NW1/4 SW1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located west of South Highway 16 and south of Sammis Trail. 

5.                  No. 04CA029 - A request by Dream Design International, Inc. for a Amendment to the Comprehensive Plan to change a Minor Arterial Street to a Collector Street on the Major Street Plan on the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located west of South Highway 16 and south of Sammis Trail. 

6.                  No. 02PL116 - A request by Dream Design International, Inc. for a Final Plat on Lot 1, Block 1; Lots 1 thru 5, Block 2; Lots 1 and 2, Block 3; Lots 1 and 2, Block 4; Lots 1 thru 4, Block 5; Lot 1, Block 6 and dedicated Street, Big Sky Business Park, located in the SW1/4 SW1/4 and the S1/2 NW1/4 NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 SW1/4 NW1/4 including private drive, less Lot H2 and less right-of-way; the unplatted portion of the E1/2 SW1/4 NW1/4; and the unplatted portion of the S1/2 GL3; S1/2 GL4 less Lot 1 and less Lot H3; SE1/4 NW1/4 less Big Sky Subdivision and less right-of-way; all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Homestead Street and Elk  Road. 

7.                  No. 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. 

8.                  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. 

9.                  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. 

10.             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. 

11.             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. 

12.             No. 04PL044 - A request by Sperlich Consulting Inc. for Walgar Development for a Layout and Preliminary Plat on Lot 2 of Block 1, Minnesota Park Subdivision, located in the SW1/4 of the NE1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract B of Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Wisconsin Avenue and East Minnesota Street. 

13.             No. 04PL060 - A request by Sperlich Consulting, Inc. for Jim Scull for a Preliminary Plat on Lots 1 thru 14 of Block 1, Lots 1 thru 6 of Block 2, and Lot 1 of Block 3, Kennsington Heights Subdivision, located in "Government" Lot 4, , Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of "Government" Lot 4 , Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of the future intersection to Elm Avenue and Field View Drive. 

14.             No. 04PL068 - A request by Centerline Inc. for Magheramore, LLC for a Preliminary Plat on Lots 1 thru 9, Block 1, Darlington Estates, located in the 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. 

15.             No. 04PL076 - A request by Dream Design International Inc. for a Preliminary Plat on Tract 1 and Outlot A, Eastridge Subdivision, dedicated Enchantment Road, and Enchanted Pine Drive located in the NW1/4, NE1/4 Section 24, the E1/2, NW1/4, Section 24, and the NE1/4, SE1/4, NW1/4, Section 24, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance in the  NW1/4, NE1/4 Section 24, the E1/2, NW1/4, Section 24, and the NE1/4, SE1/4, NW1/4, Section 24, T1N, R7E, BHM, Pennington County, South Dakota, located south of Enchanted Pine Road and east of Enchantment Road. 

16.             No. 04PL085 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 3, Block 1, Collins Estates, located in the N1/2 N1/2 NE1/4 of Section 16, T1S, R7E, BHM, Pennington County, South Dakota, legally described as N1/2 N1/2 NE1/4 of Section 16, T1S, R7E, BHM, Pennington County, South Dakota, located along 237th Street. 

17.             No. 04PL086 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 8 and Lots 33 thru 38 of Block 1, Lots 27 thru 32 of  Block 2 and Lots 1 thru 9 of Block 3, Rainbow Ridge Subdivision, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, legally described as SW1/4 NE1/4 and SE1/4 NE1/4, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located west of Chet Street. 

18.             No. 04PL092 - A request by Richard O. Stahl for a Preliminary Plat on Lots 1-5 of Stahl Victorian Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street. 

19.             No. 04PL093 - A request by Sperlich Consulting, Inc. for Robert Scull for a Preliminary Plat on Lot 1, Lot 2 and Drainage Lot, Block 1 and dedicated streets, Commerce Park Subdivision, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the SW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Rand Road and Commerce Road. 

20.             No. 04PL094 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Preliminary Plat on Lots 1A, 2A, 3A, 4A, 16 thru 30 and Drainage Lot, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located approximately .5 miles west of Alta Vista Drive and the extension of Middle Valley Drive. 

21.             No. 04PL097 - A request by Dream Design International, Inc. for a Layout Plat on Hyland Park Subdivision, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located west of South Highway 16 and south of Sammis Trail. 

22.             No. 04SV031 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Co. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on property described as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1878.59 feet at a bearing S89º27'22"E to a point; thence travel 59.93 feet at a bearing N00º32'38"E to the Point of Beginning; travel 213.89 feet at a bearing N34º24'28"W to a point on a curve; thence travel 38.11 feet along a 210.00 foot radius Concave Northwesterly curve with a chord bearing N39º36'25"W to a point; thence travel 166.06 feet at a bearing N44º48'23"W to a point on a curve; thence travel 333.97 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N05º32'55”E to a point; thence travel 219.73 feet at a bearing N55º19'07"E to a point; thence travel 267.59 feet at a bearing S34º35'20"E to a point; thence travel 300.18 feet at a bearing S45º00'00"W to a point; thence travel 303.00 feet at a bearing S34º24'28"E to a point; thence travel 108.34 feet at a bearing of S45º10'38”W the Point of Beginning; said parcel contains approximately 3.23 acres more or less, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

23.             No. 04SV032 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Co. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on property described by metes and bounds commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1819.43 feet at a bearing S89º27'22"E to a point to the Point of Beginning; travel 164.96 feet at a bearing N45º10'32"E to a point; thence travel 301.36 feet at a bearing N45º24'39"E to a point; thence travel 210.28 feet at a bearing N54º45'23"E to a point; thence travel 48.86 feet at a bearing S15º57'26"W to a point; thence travel 406.85 feet at a bearing S00º46'13"W to a point; thence travel 484.47 feet at a bearing N89º27'22"W to the Point of Beginning; and, commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1819.43 feet at a bearing S89º27'22"E to a point to the Point of Beginning; travel 484.47 feet at a bearing S89º27'22"E to a point; thence travel 121.99 feet at a bearing S00º46'13"W to a point; thence travel 282.52 feet at a bearing S75º51'59"W to a point on a curve; thence travel 420.51 feet along a 437.22 foot radius Concave Southwesterly curve with a chord bearing S65º50'38"W to a point; thence travel 27.01 feet at a bearing N54º20'05"W to a point on a curve; thence travel 173.71 feet along a 100.00 foot radius Convex Northwesterly curve with a chord bearing N04º34'14"W to a point; thence travel 273.99 feet at a bearing N45º10'32"E to the Point of Beginning; said parcel contains approximately 5.60 acres more or less, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

24.             No. 04SV035 - A request by Donald Potts for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water, sewer, pavement and additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 and Lot 2, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4 less Lot H1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6105 Covenant Drive. 

25.             No. 04SV037 - A request by Brent Pushing for a Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way and to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the section line highway and the interior street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 4, Brentwood Subdivision, Section 25, T2N, R6E, BHM,  Rapid City, Pennington County, South Dakota, legally described as S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4, Section 25, T2N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Sunridge Road. 

26.             No. 04SV038 - A request by Sperlich Consulting Inc. for Tom Gagliano for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots 8A, 8B and 9B, Block 2, Skyline Pines Subdivision, located in the SW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 8 and 9, Block 2, Skyline Pines Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1501 Pevans Parkway and 3289 Sandstone Lane. 

27.             No. 04SV042 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, pavement, sewer, water and street light conduit; to waive the requirement to dedicate additional right-of-way; and, to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located west of South Highway 16 and south of Sammis Trail. 

28.             No. 04VR002 - A request by Alliance of Architects and Engineers for Rapid City Journal for a Vacation of Right-of-Way on Lots 1 thru 32, Block 79, Original Townsite of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 507 Main Street. 

Continue the following items until September 7, 2004: 

29.             No. 04FV012 - Fence Height Exception for petitioner Dennis Rogers to allow a seven foot six inch fence in a Low Density Residential District on Lot 13, Block 16, South Robbinsdale Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 801 East Indiana Street. 

End of Continued Items Consent Calendar 

Special Orders 

Matters to be Reconsidered 

Alcoholic Beverage License Applications 

Hearings

Special Malt Beverage and Wine License

30.             Rapid City Fine Arts Council, Inc., for a Special Malt Beverage and Wine License, to be used on August 7 and 14, 2004 at Dahl Arts Center, 713 7th Street 

Set for Hearing (August 16, 2004)

Off-Sale Malt Beverage License Transfer

31.             Taira Hoeye dba St. Joe Pub, 710 St. Joseph Street for an On-Off Sale Malt Beverage License 

On-Sale Liquor License Transfer

32.             Steven C. Lester dba Rushmore Plaza Holiday Inn, 505 North Fifth Street for an On-Sale Liquor License 

Off-Sale Package Liquor License

33.             Wal-East Development, Inc. dba Jackpot Casino, 1415 North LaCrosse, Suite #3 for an Off-Sale Package Liquor License 

Special Malt Beverage and Wine License

34.             Rapid City Fine Arts Council, Inc., for a Special Malt Beverage and Wine License, to be used on August 29, September 17 and 24, 2004 at Dahl Arts Center, 713 7th Street 

Consent Calendar Items – 35-84 

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

35.             Request Public Works Department staff to write a letter to the Pennington County Housing Authority asking them to limit the amount of watering at their facility located at Black Fox Drive/Elk Street, in an effort to eliminate water runoff

36.             Request City Attorney’s Office staff to review and prepare an Ordinance relating to the Rapid City On-Site Waste Water System

37.             Refer a project to increase the sewer and water mains in the Mallow Subdivision to the Capital Improvements Committee for review

38.             Request City staff to compile information for the Master Plan for sewer and water main upgrades; costs involved to implement the plan; and present information to a future Public Works Committee meeting

39.             No. PW072704-02 Approve Change Order No. A3 for Roosevelt Park Site Improvements – Phase 2 Project No R01-144 to R.C.S. Construction, Inc. for an increase of $828.00

40.             No. PW072704-03 Approve Change Order No. 1 and final for Park Drive Reconstruction Project No ST03-1030 to Heavy Constructors, Inc. for an increase of $1,180.22

41.             No. PW072704-04 Approve Change Order No. 2 and final for Parkview Drive Extension Project No ST03-1006 to R.C.S. Construction, Inc. for a decrease of $43,116.52

42.             No. PW072704-06 Authorize staff to advertise for bids for Lemmon Avenue Reconstruction, College to Monroe Project No ST04-1068 (CIP 350120)

43.             No. PW072704-07 Authorize Mayor and Finance Officer to sign Amendment #2 to a Professional Service Agreement with CETEC Engineering to design West Chicago Street Reconstruction 44th to Wedgewood Drive for an amount not to exceed $74,949.32

44.             No. PW072704-08 Authorize Mayor and Finance Officer to sign a Letter Of Agreement with Dakota Minnesota Eastern Railroad for Milwaukee Street side walk project for an amount not to exceed $1,200 16

45.             No. PW072704-09 Authorize Mayor and Finance Officer to sign an Agreement between City of Rapid City and O’Brien Construction Inc to stall water lines that complete a low pressure loop that are not required for plat of the land located on Sheridan Lake Road. Reimbursement for an amount not to exceed $10,612.72 17

46.             No. PW072704-10 Authorize Mayor and Finance Officer to sign an Agreement between City of Rapid City and O’Brien Construction Inc for water distribution to the surrounding area of plat of the land located on Sheridan Lake Road. Reimbursement for an amount not to exceed $24,870.70

47.             No. PW072704-11 Authorize Mayor and Finance Officer to sign an Agreement between City of Rapid City and O’Brien Construction Inc for the Heidiway Lane Sanitary Sewer Extension to install sewer lines. Reimbursement for an amount not to exceed $8,783.73

48.             Acknowledge the report on Variance Pit Closure Project No. LF04-1368 changes

49.             No. PW071304-09 Approve of the U.S. Highway 16 Corridor Study Final Report

50.             No. PW071304-10 Approve of the 2005-2009 Rapid City Area Transportation Improvement Program

51.             Authorize staff to advertise for bids for Signal Drive Project

52.             No. 04VE012 Deny a Vacation of Utility Easement for petitioner James Steele for Aurthur Barrett on Lot 4, Steele Subdivision, located in NW1/4 SE1/4 and NE1/4 SE1/4. Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as 2944 Evergreen Drive; and Authorize Mayor and Finance Officer to sign an Agreement between City of Rapid City and James Steele to allow the encroachment.

53.             No. 04VE015 Approve with stipulations a Vacation of Utility and Drainage Easement for petitioner Ferber Engineering Company, Inc. for Cregut Inc. on Lot 1 of Lot C of Lot 1 of Rohrer Subdivision located in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 7800 Alberta Drive; and prior to City Council approval, the land owner shall sign a maintenance agreement running with the property assuming all maintenance of the drainage improvement. 

Legal & Finance Committee Consent Items

54.             Approve the request to place tables and chairs in the right of way for the following businesses:  Alex Johnson Hotel, Boticelli Restorante, Marsala’s, St. Joe Pub, Wine Cellar Restaurant, LLC, Dakota Sunshine Expresso Bar/Merle Norman, Firehouse Brewing Co., The St. Joe Street Factory, Inc.

55.             No. LF072804-18 Authorize Mayor and Finance Officer to Sign Memorandum of Agreement between the City of Rapid City and The City of Presidents Foundation.

56.             No. LF072804-01 Approve Travel Request for Mayor Shaw and Council persons to attend National League of Cities – 2004 Congress of Cities, Indianapolis, IN, November 29 - December 4, 2004, in the approximate amount of $3,482.

57.             No. LF072804-02 Approve appointment of Jim Schamber to Rapid City Mayor’s Committee on Disability.

58.             No. LF072804-15 Approve Travel Request for Gary Becker and Rob Wilson to attend Basic Airport Safety & Operations Specialist School, Denver, CO, August 15-19 2004, in the approximate amount of $2,316.

59.             No. LF072804-04 Approve Event Permit for Central States Fair to hold Parade, August 21, 2004.

60.             No. LF072804-14 Authorize Mayor and Finance Officer to sign Agreement for Paramedic Clinical Studies between Rapid City Fire Department and Mountain Plains Health Consortium.

61.             No. LF072804-17 Approve Travel Request for Daniel Ladenburger and Damon Hartmann to attend Investigation of Gas and Electric Appliance Fires Conference, Benton Harbor, MI, November 9-12, 2004, in the approximate amount of $2,806.

62.             No. LF072804-05 Authorize Mayor and Finance Officer to sign Agreement for Independent Contractor Services with Hayman & Associates.

63.             No. LF072804-06 Authorize payment to Hayman & Associates in the sum of $795 for three home inspections.

64.             No. 916 Approve a request by the City of Rapid City to consider the Dissolution of Tax Increment District #24 on Lot B of the SE1/4SE1/4 and adjacent public rights-of-way, all located in Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1600 Mt. View Road.

65.             No. LF072804-07 Approve the Standard Schedule of Disciplinary Offenses/Penalties for City of Rapid City Employees.

66.             No. LF072804-08 Approve Resolution to Amend the City of Rapid City Travel Regulations.

67.             No. LF072804-09 Approve Resolution to Amend the Non-Union Personnel Policy.

68.             Authorize Mayor and Finance Officer to sign Revised Flexible Spending Account Agreement.

69.             No. LF072804-10 Authorize Mayor and Finance Officer to sign Memorandum of Understanding with AFSCME Union to Amend the Contract Regarding Travel Expenses.

70.             No. LF072804-11 Approve Resolution Declaring Property Surplus.

71.             No. LF072804-12 Authorize Mayor and Finance Officer to sign Agreement with South Dakota Department of Tourism and State Development for Artists in Schools & Communities Grant Award.

72.             No. LF072804-19 Approve the request from staff to begin the grant process for the Rushmore Little League Irrigation Project.

73.             No. LF072804-16 Approve Travel Request for Michael Booher to attend Advanced Employment Issues Symposium in Las Vegas, NV, November 10-12, 2004, in the approximate amount of $2,070.

74.             No. LF072804-20 Approve the abatement for Peggy L. Beardsley, 2003, $2,153.80.

75.             Approve the following licenses:  Electrical Apprentice:  Roger Draine, James Gull, Cory Johnson, Steven E. Leeka, Richard Lukins, Clint Painter, Brian Steffen; Electrical Journeyman:  Zachary Hatla; Electrical Contractor:  Gilbert Allen Hatch, Hatch Electric; Housemoving Business: Joe Klein, Klein’s Housemoving; Mechanical Installer:  Lynn Amick, Paul Saenz; Mechanical Contractor:  Troy Nayman, Johnson Controls; Plumber:  Clint W. Chapel; Plumbing Contractor:  Steve Prestjohn, Black Hawk Plumbing & Heating; Residential Contractor:  Mark & Jodi Davis, Jerry & Laurene Amundsen, Mark of Excellence Construction LLC; Larry T. Long, Heartland Pella Co.; Kent Weber, Kent Weber Construction, Inc. 

Planning Department Consent Items

76.             No. 04AN006 - A request by Sperlich Consulting Inc. for Dean and Kimberly Henderson for a Petition for Annexation on the N1/2 SW1/4 SW1/4 of Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located south of the intersection of Chalkstone Drive and Auburn Drive. 

77.             No. 04AN007 - A request by FMG, Inc. for Leigh Tange and James Adams c/o Nemo Road Properties for a Petition for Annexation on the south 33 feet of the SW1/4 SE1/4 and the south 33 feet of the W1/2 SE1/4 SE1/4, Section 21, T2N, R8E, BHM, Pennington County, South Dakota, located north of I-90 and west of Elk Vale Road. 

78.             No. 04AN008 - A request by Dream Design International, Inc. for a Petition for Annexation on the W1/2 of NW1/4 of Section 28, T1N, R7E, BHM, Pennington County, South Dakota, located east of Red Rock Estates Subdivsion and north of Sheridan Lake Road. 

79.             No. 04PL065 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Preliminary Plat on Lots 1 of South Gate Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 SW1/4 NW1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of 5th Street along Sidewinder Boulevard. 

80.             No. 04PL071 - A request by Renner & Associates for Ray Palmer for a Preliminary Plat on Lot 7 of Block 1 and Tract A, Palmer Subdivision, located in the SE1/4 of the NW1/4, and NE1/4 of the SW1/4, Section 14, T2N, R6E, BHM, Pennington County, South Dakota, legally described as the SE1/4 of the NW1/4, a portion of the NE1/4 of the SW1/4 and a portion of Palmer Road in Section 14, located in the SE1/4 of the NW1/4, and NE1/4 of the SW1/4, Section 14, T2N, R6E, BHM, Pennington County, South Dakota, located along Palmer Road off of Nemo Road. 

81.             No. 04PL072 - A request by Donald Potts for a Layout Plat on Lot 1 and Lot 2, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4 less Lot H1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6105 Covenant Drive. 

82.             No. 04PL082 - A request by Centerline, Inc. for Horizon Properties, Inc. for a Preliminary Plat on Lot 1 of Horizon Subdivision  located in NE1/4 NW1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of Outlot B less Lots A, B & C of Merchen's First Addition located in NE1/4 NW1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 701 East St. Patrick Street. 

83.             No. 04PL091 - A request by Daniel P. Wegner for a Layout Plat on Lots 4A and 4B of Tract 2 Revised, Cavern Crest Subdivision, Section 11, T1N, R6E, BHM,  Pennington County, South Dakota, legally described as Lot 4 of Tract 2 Revised, Cavern Crest Subdivision, Section 11, T1N, R6E, BHM,  Pennington County, South Dakota, located at 2680 Cavern Road. 

Raffles

84.             No. CC080204-02 Acknowledge Behavior Management Systems, Inc. raffle during 7th Annual Festival of Trees, November 19 & 20, 2004, Rushmore Plaza Civic Center, value under $15,00 

END OF CONSENT CALENDAR 

Public Hearings

85.             No. CC080204-03 Hearing on Assessment Roll for Una Del Water Main Extension Project No. SSW00-943 

Planning Department Items

86.             No. 04CA028 - A request by Dream Design International, Inc. for a Amendment to the Comprehensive Plan to relocate a Collector Street on the Major Street Plan on the W1/2 of NW1/4 of Section 28, T1N, R7E, BHM, Pennington County, South Dakota, located east of Red Rock Estates Subdivsion and north of Sheridan Lake Road. 

87.             Authorize the Mayor and Finance Officer to sign a waiver of right to protest a future assessment for the installation of the west 200 feet of East St. Patrick Street as it abuts the following legally described property: Tract 1 of Outlot B less Lots A-C of Merchen's First Addition Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 701 East St. Patrick Street. (04SV026) 

88.             No. 04SV026 - A request by Centerline, Inc. for Horizon Properties, Inc. 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 Tract 1 of Outlot B less Lots A-C of Merchen's First Addition Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 701 East St. Patrick Street. 

89.             No. 04SV034 - A request by Renner & Associates for Ray Palmer for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, sewer, pavement and water as per Chapter 16.16 of the Rapid City Municipal Code on Lot 7 of Block 1 and Tract A, Palmer Subdivision, located in the SE1/4 of the NW1/4, and NE1/4 of the SW1/4, Section 14, T2N, R6E, BHM, Pennington County, South Dakota, legally described as the SE1/4 of the NW1/4, a portion of the NE1/4 of the SW1/4 and a portion of Palmer Road in Section 14, located in the SE1/4 of the NW1/4, and NE1/4 of the SW1/4, Section 14, T2N, R6E, BHM, Pennington County, South Dakota, located along Palmer Road off of Nemo Road. 

90.             No. 04SV040 - A request by Daniel P. Wegner for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 4A and 4B of Tract 2 Revised, Cavern Crest Subdivision, Section 11, T1N, R6E, BHM,  Pennington County, South Dakota, legally described as Lot 4 of Tract 2 Revised, Cavern Crest Subdivision, Section 11, T1N, R6E, BHM,  Pennington County, South Dakota, located at 2680 Cavern Road. 

91.             No. 04SV041 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way; to allow lots twice as long as wide; and, to allow platting half a right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on the W1/2 of NW1/4 of Section 28, T1N, R7E, BHM, Pennington County, South Dakota, located east of Red Rock Estates Subdivision and north of Sheridan Lake Road. 

92.             No. 04VR003 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Vacation of Section Line Highway on property described by metes and bounds commencing from the northwest corner of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; thence S0º07'54.5"W a distance of 1141.567 feet along the section line to a point at which the section line intersects the eastern right of way of proposed Parkview Drive alignment, thence northeasterly along a chord with a bearing of N12º22'24"E a distance of 155.636 feet to the true point of beginning at the intersection of the eastern section line right of way with the proposed Parkview Drive right of way.  Thence S0º07'54.5"W, 957.876 feet to the intersection of the east section line right of way and Sidewinder Blvd right of way, thence S78º54'16"W, 4.39 feet, to the southwest corner of Lot 1 of South Gate Subdivision, thence northwesterly along a curve with a delta of 10º26'33.5", a radius of 1021.00 feet, and a length of 186.085 feet with a chord bearing of N19º15'29.3"W and a chord distance of 185.828 feet to the intersection of the western section line right of way and eastern Fifth Street right of way, thence N0º07'54.5"E, 553.742 feet to the intersection of the western section line right of way and proposed eastern Parkview Drive right of way, thence northeasterly along a curve with a delta of 7º34'43.2", a radius of 638.00 feet, and a length of 84.39 feet with a chord bearing of N23º10'06.9"E and a chord length of 84.328 feet to the point of beginning, located east of 5th Street along Sidewinder Boulevard. 

Ordinances & Resolutions

93.             No. 04RZ034 - Second Reading, Ordinance 4076, a request by Sperlich Consulting Inc. for Dean and Kimberly Henderson to consider an application for a Rezoning from No Use District to Medium Density Residential District on the N1/2 SW1/4 SW1/4 of Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located south of the intersection of Chalkstone Drive and Auburn Drive. 

94.             No. 04RZ035 - Second Reading, Ordinance 4077, a request by Joe Muth for Doeck LLC to consider an application for a Rezoning from Low Density Residential District to Low Density Residential II District on Lot 41 of Block 2 and Lot 1 of Block 3, Auburn Hills Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Coal Bank Drive at Auburn Drive. 

95.             No. 04RZ036 - Second Reading, Ordinance 4078, a request by Dream Design International, Inc. to consider an application for a Rezoning from No Use District to Low Density Residential District on the W1/2 of the NW1/4 of Section 28, T1N, R7E, BHM, Pennington County, South Dakota, located east of Red Rock Estates Subdivsion and north of Sheridan Lake Road. 

96.             No. 04RZ037 - Second Reading, Ordinance 4079, a request by Dream Design International, Inc. to consider an application for a Rezoning from No Use District to Low Density Residential District on a parcel of land located in the W1/2 SE1/4 and the SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located west of South Highway 16 and south of Sammis Trail. 

97.             No. LF063004-06 Second Reading, Ordinance 4074 Amending Sign Code Allowing Variance for Relocation of Existing Signs Due to Public Improvement Projects 

98.             No. LF071404-12 Second Reading, Ordinance 4075 to Amend Chapters 10.40 and 10.44 of the Rapid City Municipal Code Relating to Parking. 

99.             No. 04RZ038 – First Reading, Ordinance 4080, a request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for a Rezoning from General Agriculture District to Medium Density Residential District on a parcel of land located in the West One-Half (W ½) of Section Twenty Three (23) of Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Pennington County, South Dakota, including all of Tract D of Medicine Ridge No. 2 (as shown on the plat recorded on September 24, 1976 and filed in Plat Book 14 on Page 227), all of Lot 3 of Tower Ridge Subdivision (as shown on the plat recorded on May 14, 1984 and filed in Plat Book 19 on Page 159), all of Tracts F and G located in the Northeast One Quarter of the Southwest One Quarter (NE ¼ SW ¼) and Southeast One Quarter of the Northwest One Quarter (SE ¼ NW ¼) of said Section 23, T1N, R7E, BHM (as shown on the plat recorded on September 22, 1970 and filed in Plat Book 11 on Page 59), and a portion of vacated right-of-way adjoining said lots, more fully described as follows: Beginning at the northeast corner of Lot 3 of Tower Ridge Subdivision in said Section 23, T1N, R7E, BHM, said corner being marked by a rebar, thence, South 00 degrees 12 minutes 34 seconds East (more or less) along the easterly line of said Lot 3 of Tower Ridge Subdivision (said line being coincident with the westerly line of Lot 1 of Enchanted Hills Subdivision, also located in Section 23, T1N, R7E, BHM and as shown on the plat recorded on November 2, 1977 and filed in Plat Book 15 on Page 197), a distance of 178.24 feet (more or less) to the southeast corner of said Lot 3 of Tower Ridge Subdivision, said corner being coincident with the northeast corner of previously described Tract F, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, South 00 degrees 12 minutes 15 seconds East (more or less) along the easterly line of said Tract F (said line being coincident with the westerly line of previously described Lot 1 of Enchanted Hills Subdivision), a distance of 121.75 feet (more or less) to the southwest corner of said Lot 1 of Enchanted Hills Subdivision, said corner being marked by a rebar; thence, South 00 degrees 10 minutes 15 seconds East (more or less) along the easterly line of said Tract F and previously described Tract G (said line being coincident with the westerly line of previously described Lot 1 and Lot 2 of Enchanted Hills Subdivision), a distance of 279.96 feet (more or less) to the southwest corner of said Lot 2 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 3 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 11 minutes 01 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 3 of Enchanted Hills Subdivision), a distance of 124.70 feet (more or less) to the southwest corner of said Lot 3 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 5 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 15 minutes 44 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 5 of Enchanted Hills Subdivision), a distance of 213.66 feet (more or less) to the southwest corner of said Lot 5 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 6 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 08 minutes 16 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 6 of Enchanted Hills Subdivision) a distance of 331.28 feet (more or less) to the southwest corner of said Lot 6 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 7 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 01 degrees 03 minutes 11 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 7 of Enchanted Hills Subdivision) a distance of 64.35 feet (more or less) to the southeast corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 56 minutes 34 seconds West (more or less) along the southerly line of said Tract G, a distance of 481.92 feet (more or less) to the southwest corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, North 00 degrees 17 minutes 07 seconds West (more or less) along the westerly line of said Tract G, a distance of 450.68 feet (more or less) to the southeast corner of previously described Tract D of Medicine Ridge No. 2, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 50 minutes 58 seconds West (more or less) along the southerly line of said Tract D of Medicine Ridge No. 2, a distance of 455.58 feet (more or less) to the southwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the southeast corner of Tract E of Medicine Ridge No. 2 and said corner being marked by a rebar with survey cap marked “LS 1019”; thence, North 07 degrees 27 minutes 38 seconds East (more or less) along the westerly line of said Tract D of Medicine Ridge No. 2 (said line being coincident with the easterly line of said Tract E of Medicine Ridge No. 2) a distance of 911.90 feet (more or less) to the northwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the northeast corner of Said Tract E of Medicine Ridge No. 2 and said corner being marked by a spike; thence, North 07 degrees 18 minutes 46 seconds East (more or less) a distance of 34.93 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, South 82 degrees 45 minutes 38 seconds East (more of less) a distance of 25.49 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence; curving to the left along a curve with a radius of 1000.76 feet, a delta of 7 degrees 13 minutes 45 seconds, a length of 126.27 feet (more or less) and a chord bearing of North 86 degrees 32 minutes 17 seconds West and a chord distance of 126.18 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, South 89 degrees 59 minutes 18 seconds East (more or less) a distance of 165.32 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, curving to the right on a curve with a radius of 150.15 feet, a delta of 39 degrees 33 minutes 47 seconds, a length of 103.68 feet (more or less), a chord bearing of North 70 degrees 11 minutes 15 seconds West and a chord distance of 101.63 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 39 degrees 33 minutes 37 seconds  East (more or less) a distance of 35.55 feet (more or less) to a northwesterly corner of previously described Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar; thence, North 38 degrees 23 minutes 24 seconds East (more or less) along the westerly line of said Lot 3 of Tower Ridge Subdivision, a distance of 12.77 feet (more or less) to the northwest corner of said Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, along the northerly line of said Lot 3 of Tower Ridge Subdivision, and curving to the left along of curve with a radius of 382.75 feet, a delta of 59 degrees 01 minutes 11 seconds, a length of 394.27 feet (more or less), a chord bearing of South 79 degrees 54 minutes 38 seconds East (more or less) and a chord distance of 377.06 feet (more or less) to the point of beginning. Said tract of land contains 23.11 acres more or less, located at 5440 Plains Vista Court. 

Legal & Finance Committee Items

100.         No. LF072804-13 Approve Event Permit for Botticelli Ristorante to block off four to five parking spaces in front of the business from 11:00 a.m. until 10:00 p.m. from August 8-14, 2004, to allow for motorcycle parking.

101.         Approve the Pennington County Fairgrounds being designated as a duly authorized shooting gallery, to request a copy of the resolution passed by the County, and to designate the City of Rapid City as an additional insured on any insurance policies the county has for activities that occur at the fairgrounds as a result of this designation.

102.         Consideration in modifying the requirements for platting property in an area east of Elk Vale, Doyle Estes 

Public Works Committee Items

103.         Options to access to Plum Creek/Elks Country Estates 

104.         No. 04VE010 - A request by Steven Thingelstad for Western Management Corporation for a Vacation of  Major Drainage Easement on Lot 2 of Block 2 of Parkridge Village Subdivision No. 2 located in the NW1/4 of the NE1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Park Drive. 

CIP Committee Items 

Finance Officer’s Items 

Approval of Bills

105.         No. CC080204-04 Approve August 2, 2004 Bill List 

Police Department Items 

Public Works Director’s Items 

City Attorney’s Items 

Development Appeals and Review Board

Adjourn