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5:45 P.M., Agenda Review for City Council and Department Heads in 3rd floor West Conference Room (informal discussion; no action will be taken).

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

November 1, 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 October 18, 2004 and Special Council of October 26, 2004 

ADOPTION OF THE AGENDA 

AWARDS AND RECOGNITIONS

1.                  Citizen of the Month 

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 

ITEMS FROM THE MAYOR

2.                  2012 Report 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

3.                  Ward 5 Alderman Interview 

4.                  Cost of water/sewer 'growth' projects during last 5 years, Alderman French 

5.                  Review of process used to select City’s liability insurance carrier, Alderman Kooiker 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR – Items 6-36 

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 November 15, 2004:

6.                  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. 

7.                  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. 

8.                  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. 

9.                  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. 

10.             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. 

11.             No. 04CA030 - A request by Dream Design International for an Amendment to the Comprehensive Plan to relocate a Collector Street on the Major Street Plan in the SE1/4 NW1/4 and the SW1/4 of Section 25, T1N, R7E to a right-of-way 76.00 feet in width with the centerline described as follows: commencing at the found corner stamped R.L.S. No. 4208 of the center ¼ of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; thence N55º50’19”W along a non-visual line, 963.91 feet to the true point of beginning; thence S20º01’45”E 210.75 feet; thence along a curve to the right having a radius of 526.00 feet, included angle of 21º19’54”, and a curve length of 195.83 feet; thence S01º18’09”W 1450.65 feet; said parcel containing 3.24 acres more or less all located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of South Highway 16 and south of U.S. Higway 16B (Catron Boulevard). 

12.             No. 04CA032 - A request by the City of Rapid City for an Amendment to the Comprehensive Plan adopting the U.S. Highway 16 Corridor Future Land Use Plan on property located north of Cathedral Drive, south along U.S. Highway 16 approximately one mile either side of U.S. Highway 16 to south of Reptile Gardens. 

13.             No. 04FV014 - A request by Michael Altstiel for a Fence Height Exception to allow a six foot fence in the front yard setback on Lot 1, Block 1, Mall Ridge Subdivision No. 2, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 504 Lion Drive. 

14.             No. 04FV019 - A request by FMG Engineering for Menard, Inc. for a Fence Height Exception to allow a 13'4" high fence in the General Commercial Zoning District and within the 25' front yard setback on Lots 1, 2, 3 and 6, Tract A, Menard Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the southeast corner of the intersection of Eglin Street and East Anamosa Street. 

15.             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. 

16.             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. 

17.             No. 04PL122 - A request by CETEC Engineering Services for Park Hill Development for a Preliminary Plat on Lots 8, 9, 10 and 11 of Block 3; and Lots 5, 6, 7, and 8 of Block 4; and dedicated right-of-way of Park Meadows Subdivision located in the NE1/4 of SE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NE1/4 SE1/4 less the west 650 feet of the east 700 feet of the south 372.5 feet, Section 7, T1N, R7E, BHM; and a portion of Lots 1, 2, and 3R of Block 4 of Park Meadows Subdivision, Section 7, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current southern terminus of Oakland Street. 

18.             No. 04PL129 - A request by Sperlich Consulting, Inc. for Jim Scull for a Preliminary Plat on Lots 15-17 of Block 1, Lots 7-19 of Block 2, and Lots 2-6 of Block 3, Kennsington Heights Subdivision, located in the SW1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of Government Lot 4  located in Government Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elm Avenue and Field View Drive. 

19.             No. 04PL131 - A request by Sperlich Consulting for a Preliminary Plat on Lots 1 through 10, Block 2, Commerce Park Subdivision, located in the E1/2 SW1/4 SE1/4 Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as NE1/4 SW1/4 SE1/4 and the N1/2 SE1/4 SW1/4 SE1/4, all in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current southern terminus of Fountain Plaza Drive. 

20.             No. 04PL133 - A request by Dream Design International for a Preliminary Plat on Tract H, Lots 13A-18A, Lots 13B-18B, Block 4, Tracts F and G, Lots 1A-11A, Lots 1B-11B, Block 19; Lots 1A-8A, Lots 1B-8B, Block 20; and Dedicated Streets, located in the S1/2 SE1/4 NW1/4 and NE1/4 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Daktoa, legally described as Tract E and Lot 14, Block 4, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Homestead Street west of Aurora Drive. 

21.             No. 04PL135 - A request by Sperlich Consulting, Inc. for Paul Reinke for a Layout Plat on Lots 18 thru 20 of Copper Oaks No. 2, Lots 11 thru 13 Block 2, Lots 8 thru 12 of Block 3, Lots 1 thru 5 of Block 4, Lots 1 thru 8 of Block 5 and Lot A of Copper Oaks No. 3 Subdivision located in the NE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as the NE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located along Wild Turkey Way and Quartz Canyon Lane. 

22.             No. 04PL137 - A request by Russell and Dalaina Salamun for a Layout Plat on Lot 1R of Block 1 and Lot 2R of Block 1, Schamber Subdivision, NE1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the north 68.5 feet of Lot H, less the east 33 feet, Block 1 of Lot 3; and the south 44 feet of Lot H of Lot 3; Schamber Subdivision, NE1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2016 and 2020 Elmhurst Drive. 

23.             No. 04PL140 - A request by Dream Design International, Inc. for Dr. Marvin Buehner for a Layout Plat on Lots 1 thru 3, Block 1, Falcon Crest Subdivision, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as W1/2 W1/2 SW1/4, Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located one half mile south of the intersection of Sheridan Lake Road and Countyside Boulevard. 

24.             No. 04SE002 - A request by Daniel and Lori Smith for a Special Exception to the Street Design Criteria Manual to allow access from a higher order street on Lot 2 of Block 13, located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1802 Valentine Street. 

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. 04SV053 - A request by Sperlich Consulting, Inc. for Paul Reinke for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and to improve pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 18 thru 20 of Copper Oaks No. 2, Lots 11 thru 13 Block 2, Lots 8 thru 12 of Block 3, Lots 1 thru 5 of Block 4, Lots 1 thru 8 of Block 5 and Lot A of Copper Oaks No. 3 Subdivision located in the NE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as NE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located along Wild Turkey Way and Quartz Canyon Lane. 

27.             No. 04SV055 - A request by Russell and Dalaina Salamun for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R of Block 1 and Lot 2R of Block 1, Schamber Subdivision, NE1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the north 68.5 feet of Lot H, less the east 33 feet, Block 1 of Lot 3; and the south 44 feet of Lot H of Lot 3; Schamber Subdivision, NE1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2016 and 2020 Elmhurst Drive. 

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. 

29.             No. 04VR004 - A request by FMG, Inc. for Leigh Tange and James Adams c/o Nemo Road Properties for a Vacation of Section Line Highway on the 66 foot section line highway less the east 33 feet of said 66 foot right-of-way, located between the SE1/4 of Section 21 and the NE1/4 of Section 28, all located in T2N, R8E, BHM, Pennington County, South Dakota, located north of I-90 and west of Elk Vale Road. 

30.             No. 04VR008 - A request by TSP for Rob Poeppel for a Vacation of Public Right-of-Way on the balance of the North 1/2 of Block 4 and balance of the South 1/2 of Block 4 and alley right-of-way all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 900 East Watertown. 

Continue the following item until December 6, 2004:

31.             No. 04AN009 - A request by Dream Design International, Inc. for a Petition for Annexation in 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 east of South Highway 16 and south of Sammis Trail. 

32.             No. 04AN010 - A request by Dream Design International Inc. for a Petition for Annexation in the S1/2 NE1/4 SW1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

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

34.             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 in the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

35.             No. 04RZ037 - 2nd Reading - A request by Dream Design International, Inc. 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 SE1/4SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

36.             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 in the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail. 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

On/Off Sale Malt Beverage License WITH Video Lottery

37.             CBM Food Service dba Marlins Roadhouse Grill, 2803 Deadwood Avenue for an On/Off Sale Malt Beverage License with Video Lottery Transfer (from I-90 Truck Haven dba Windmill Restaurant) 

Special Malt Beverage and Special Wine License

38.             Pennington County Democratic Party for a Special Malt Beverage and Wine License to be used on November 10, 2004 at Prairie Edge Art Gallery, 606 Main Street

39.             Rapid City Rotary Club (1459) for a Special Malt Beverage and Wine License to be used on November 18, 2004 at Story Book Island, Sheridan Lake Road 

Set for Hearing (November 15, 2004) 

On Salle Retail Liquor License

40.             Shiba Investments, Inc. dba Radisson, 445 Mt. Rushmore Road for a On Sale Retail Liquor License 

On Sale Retail Wine License

41.             Guang Huan Huang dba Hunan Chinese Restaurant, 1720 Mt. Rushmore Road for a On Sale Retail Wine License 

Special Malt Beverage and Special Wine License

42.             Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Special Wine License to be used on November 19, 2004 (Perm Collection Opening Reception) at the Dahl Arts Center 713 7th Street

43.             Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Special Wine License to be used on December 2, 2004 (Children’s Home Society Fundraiser) at the Dahl Arts Center 713 7th Street

44.             Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Special Wine License to be used on December 3, 2004 (Art for Giving Reception) at the Dahl Arts Center 713 7th Street

45.             Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Special Wine License to be used on December 7, 2004 (Evenings Out Art Lecture) at the Dahl Arts Center 713 7th Street 

CONSENT CALENDAR ITEMS – 46-87 

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 (December 6, 2004)

46.             No. 04VR009 - A request by Glenda Kolkman for Roger S. Knutsen for Bellwether, Ltd to consider an application for a Vacation of Public Right-of-Way on Lots 1 thru 14, Lots 21 thru 32 and Tract B of Block 25, South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located in the alley between 717 Meade Street and 702 Indiana Street and between 725 and 735 Meade Street and 720 Indiana Street. 

Public Works Committee Consent Items

47.             No. PW102604-15 Approve a Request of a second access at 5103 S. Canyon Road, Dennis Miller.

48.             No. PW102604-16 Acknowledge the Report from Utility Services Outside City Limits Task Force.

49.             No. PW102604-03 Award a contract to Banner and Associates for the determination of supplemental tap fees, based on the finding by the Council that this is a specialized need as defined within the Consultant Selection Process.

50.             No. PW102604-04 Approve Change Order No. 1F for the East Anamosa Water Main Extension Project No. W04-1370 to Highmark, Inc. for a decrease of $3,286.85.

51.             No. PW102604-05 Approve Change Order No. 1F for the Park Drive PCC Paving Replacement Project No. ST03-1245 to Simon Contractors of South Dakota for a decrease of $25,430.71.

52.             No. PW102604-14 Approve Change Order No. 4 for the Water Reclamation Facility Expansion Project No. WRF02-1173 to Glenn C. Barber and Associates for an increase of $8,544.07.

53.             No. PW102604-06 Authorize Mayor and Finance Officer to sign an agreement with Joe Crawford relative to the payment of a supplemental tap fee at 4302 South Highway 79, Rapid City, SD.

54.             No. PW102604-07 Authorize Mayor and Finance Officer to sign license agreement #WL 1029 with South Dakota Department Of Transportation, Office of Railroads for construction of Centre Street Sewer Project No. SS00-940 for an amount of $500.00.

55.             No. PW102604-08 Authorize Mayor and Finance Officer to sign license agreement #062404 with Dakota Minnesota & Eastern Railroad Corporation for construction of North Elk Vale Sewer Project No. SS03-1292 for an amount of $2,075.00; agreement to include City’s agreement to pay upon invoiced, up to $15 per day for Protective Train Order and $300.00 or actual expenses for flagging services.

56.             No. PW102604-10 Authorize staff to submit application for lease of railroad property with the intent to purchase at a later date.

57.             No. PW102604-11 Authorize staff to Issue an Addendum to the City of Rapid City Standard Specifications for Public Works 2004 Edition as it relates to Section 8 on corrosion coatings.

58.             No. PW102604-12 Grant permission to execute Settlement and Release of Claims on two coiling steel service doors located on the Primary Maturation and Refining Buildings at the Rapid City Cocompost Facility for the sum of $7,478.00, payable to R.C.S. Construction upon installation and acceptance.

59.             No. PW102604-13 Approve the purchase of (2) current model year 3/4 ton, 4x4 long box pickups from Wegner-Chrysler, Pierre, SD under State Contract #14371 for a purchase price of $18,560 for the Street Division budget 205 and $18,450 from budget 305.

60.             No. 04TP019 Approve the 2005-2009 Transportation Improvement Plan Amendment #05-001.

61.             No. 04TP020 Approve the Final Draft of the 2004-2008 Rapid City Transit Development Plan. 

Legal & Finance Committee Consent Items

62.             No. LF102704-01 Acknowledge CIP Committee monthly update report.

63.             No. LF102704-02 Approve 2004 Capital Plan for Streets, Drainage, MIP Projects Revisions.

64.             Approve DCA charges at 14.35% for Streets and Drainage, Government Buildings and Parks and Recreation effective January 1, 2005.

65.             Approve South Dakota Sheriff’s Association/Police Chief’s Association Grant in the amount of $4,200.

66.             Approve Local Law Enforcement Block Grant for 2004 in the amount of $38,210 with a 10% match of $4,251.

67.             No. LF102704-14 Authorize Mayor and Finance Officer to sign Unified Narcotics Enforcement Team Rapid City, South Dakota, Joint Powers Agreement.

68.             No. LF102704-15 Authorize Mayor to sign Combined Notice of Finding of No Significant Impact and Notice of Intent to Request Release of Grant Funds and the HUD Request for Release of Funds and Certification form for the South Dakota School of Mines and Technology EDI Grant for Rehabilitation of the former Children’s Science Center.

69.             No. LF102704-04 Authorize Mayor and Finance Officer to sign Agreement for Professional Services for the City of Rapid City and the Rushmore Plaza Civic Center by and between the City of Rapid City and the Rapid City Area Chamber of Commerce.

70.             No. LF102704-05 Approve a Resolution Consenting to the Amendment of Documents Necessary to Secure the $7,620,000 City of Rapid City, South Dakota Health Care Facilities Revenue Bonds (The Evangelical Lutheran Good Samaritan Society Project) Series 2001 Under a Master Trust Indenture.

71.             No. LF102704-06 Authorize Mayor and Finance Officer to sign Amendment to Financing Agreement with Evangelical Lutheran Good Samaritan Society.

72.             No. LF102704-07 Approve Allocation of Subsidy Funds for Humanities portion.

73.             No. LF102704-08 Approve Agreement with Virginia Wood Nelson for Department Director Training in the amount of $900.

74.             Approve a Resolution to Amend the AFSCME Union Contract, Adding the Position of Landfill Operations Chief.

75.             No. LF102704-09 Approve a Resolution of the City of Rapid City Authorizing the Establishment of a Payroll Deduction for Pre-Paid Legal Services, Inc.

76.             No. LF102704-13 Authorize Mayor and Finance Officer to sign Agreement to Purchase Additional Right of Way Along the Proposed East Anamosa Street Extension From East North to Century Road

77.             Approve the following licenses:  Electrical Apprentice: Barbara Alexander, Lonnie Alexander,  Martin Bailey, Joshua Brix, Jacob Buckstead, Tim Eggers, James K. Fischer, Anthony Green, Jr., John F. Hejde, Gerald Helen, Robert Huntwork, Matt Kay, Seth A. Redman, Jesse Riopel, Tom Rodriquez, Kevin Ryan, Neil Stewart, Brian C. Walker; Electrical Journeyman:  John Davis, Jerry E. Lorenzen, Jim Lucas, Joe Lutter, James Weiland; Mechanical Contractor:  Joe Youngblood, Bruce Rasmussen; Mechanical Apprentice:  Samuel Ferrazzano, Thomas S. Tatum; Mechanical Installer:  Mark Anderson, John M. Costello,, Jr., Don Foulk, J. Erik Haakedahl, David Francis Laughlin, Bradley Lee Job, Scott A. Juhnke, Mark Krolikowski, Pat Paulsen, John L. Trimble, Jr., Steve Volk; Plumbing Apprentice:  Steve Storm; Residential Contractor:  Guthrie, Inc., Kent & Cindy Guthrie; Hills Roofing & Sheet Metal, Scott Mohr; Lund Construction & Skid Steer Service, Michael D. Lund; Sewer & Water Contractor License:  Mitch Morris, Black Hills Excavating; Tyrel Stygles, Jul-Mar Development; Sewer & Water Installer Journeyman:  Shawn McNally. 

Planning Department Consent Items

78.             No. 04AN011 - A request by City of Rapid City for a Petition for Annexation on the southeastern most 33 feet of section line right-of-way extending south approximately 895 feet, beginning at the northeastern corner of Tract C of the SE1/4 SE1/4 located south of the railroad right-of-way located in the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Pennington County, South Dakota; the southwestern most 33 feet of section line right-of-way extending approximately 840 feet south beginning at the northwestern most corner of Lot 1 of Lot D of SW1/4 SW1/4 located south of the railroad right-of-way in the SW1/4 SW1/4 of Section 4, T1N, R8E, BHM, Pennington County, South Dakota, located south of SD Highway 44 East and north of East St. Patrick Street. 

79.             No. 04AN012 - A request by City of Rapid City for a Petition for Annexation on all of the eastern most 33 feet of section line right-of-way lying south of the Chicago, Minnesota, St. Paul and Pacific Railroad right-of-way located in the southeast quarter of Section 9, Township 1 North, Range 8 East, BHM, Pennington County, South Dakota; all of the dedicated right-of-way and 12 foot vacated right-of-way adjacent to Lots 1 and 2 of Mullen Subdivision, Section 9, Township 1 North, Range 8 East, BHM, Pennington County, South Dakota; all of the western most 33 feet of section line right-of-way lying south of the Chicago, Minnesota, St. Paul and Pacific Railroad right-of-way located in the southwest quarter of Section 10, Township 1 North, Range 8 East, BHM, Pennington County, South Dakota; all of the dedicated right-of-way adjacent to Lot A-Revised, formerly Lot A of Plat No 1 in NW1/4SW1/4, lying south of the Chicago, Minnesota, St. Paul and Pacific Railroad right-of-way located in Section 10, Township 1 North, Range 8 East, BHM, Pennington County, South Dakota; all of the western most 33 feet of section line right-of-way beginning at the northwest corner of Section 15, T1N, R8E, extending south approximately 1,230 feet lying adjacent to and in NW1/4 NW1/4 of Section 15, Township 1 North, Range 8 East, BHM, Pennington County, South Dakota, also known as Jolly Lane; all of the dedicated right-of-way adjacent to Lots 1 through 9 of Lot A of the E1/2 SE1/4, also known as Martin Lane, located in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; all of the dedicated right-of-way adjacent to Lots 1 through 9 of Helmens Subdivision, also known as Toni Lane, located in Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located south of SD Hwy 44 East, east of the Southeast Connector and north of Elks Country Estates. 

80.             No. 04PL130 - A request by Sperlich Consulting for a Preliminary Plat on Lots 6 thru 8 of Block 18, and Lots 12 thru 13 of Block 19, 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 at the extension of Savannah Street north of Williams Street. 

81.             No. 04PL132 - A request by Roger and Janice Knutsen for a Preliminary Plat on Lots 2BR and 3R1 of Block 1 Revised of St. Cloud Subdivision of Forest Hills Subdivision located in NE1/4 SW1/4 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2B, 2C and 3R, Block 1 Revised of St. Cloud Subdivision of Forest Hills Subdivision located in NE1/4 SW1/4 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 1518 Forest Drive. 

82.             No. 04PL136 - A request by Jerry Wendland for Keith Kuchenbecker for a Layout Plat on Lots 1 thru 8, Block 1; Lots 1 thru 29, Block 2; Lots 1 thru 4, Block 3; Lots 1 thru 17, Block 4; Lots 1 thru 51, Block 5; Lots 1 thru 13, Block 6; Lots 1 thru 14, Block 7; a subdivision, located in the SW1/4 NW1/4 of Section 13, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the SW1/4 NW1/4 of Section 13, T1N, R8E, BHM, Pennington County, South Dakota, located east of Anderson Road. 

83.             No. 04PL138 - A request by Fisk Land Surveying & Consulting Engineers for Gerald Davis for a Preliminary Plat on Lot A of Lot 1 and Lot B of Lot 1, Block 1, Vista Hills No. 2 Subdivision, located in the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 of Block 1, Vista Hills No. 2 Subdivision, located in the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4740 Skyview Drive. 

84.             No. 04PL139 - A request by Garry McKinnon for a Preliminary Plat on Lot 1 Revised and Lot 2 Revised in Block 14 of Green Acres Addition, located in SW1/4 Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Lot 2, Lot 3 less Lots A & B and vacated adjacent alley, Block 14, Green Acres Subdivision, located in SW1/4 Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3117 W. Rapid Street. 

85.             No. 04PL142 - A request by Sperlich Consulting, Inc. for Ed and Linda Eisenbraun for a Preliminary Plat on Lot BR, Trailwood Village located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village, and Lot B of Trailwood Village located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Covington Drive and Avery Street. 

86.             No. 04PL143 - A request by Sperlich Consulting, Inc. for Dalwyn Vandenhoek for a Preliminary Plat on Lots 1A and 1B of Block 18, Trailwood Village, located in the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 1 of Block 18, Trailwood Village, located in the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Reservoir Road and Williams Street. 

Raffles

87.             Acknowledge Rapid City Regional Hospital Foundation raffle for new Harley-Davidson Motorcycle valued at $20,000, beginning December, 2004 until December, 2005 in the Main Lobby of Rapid City Regional Hospital 

END OF CONSENT CALENDAR 

PUBLIC HEARINGS 

88.             No. 04SV054 - A request by Jerry Wendland for Keith Kuchenbecker for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk and street light conduit as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 8, Block 1; Lots 1 thru 29, Block 2; Lots 1 thru 4, Block 3; Lots 1 thru 17, Block 4; Lots 1 thru 51, Block 5; Lots 1 thru 13, Block 6; Lots 1 thru 14, Block 7; a subdivision, located in the SW1/4 NW1/4 of Section 13, T1N, R8E, BHM, Pennington County, South Dakota, legally described as SW1/4 NW1/4 of Section 13, T1N, R8E, BHM, Pennington County, South Dakota, located east of Anderson Road. 

89.             No. 04SV056 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit and to improve pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 6 thru 8 of Block 18, and Lots 12 and 13 of Block 19, Trailwood Village,  located in the E1/2 of 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, B.H.M., Pennington County, South Dakota; more fully described as follows: Commencing at the southeasterly corner of Lot A of Block 13 of Trailwood Village, common to the southwesterly corner of the right-of-way of Reservoir Road adjacent to said Block 13, and the Point of Beginning; thence, first course: S89 55'36"E, along the southerly boundary of the previously dedicated right-of-way of Reservoir Road adjacent to said Block 13, a distance of 17.58 feet, to the southeasterly corner of the previously dedicated right-of-way of Reservoir Road adjacent to said Block 13, common to a point on the easterly boundary of Tract T of Trailwood Village; thence, second course:  S00 05'47"W, along the westerly edge of the right-of-way of said Reservoir Road, common with the easterly boundary of said Tract T, a distance of 312.20 feet, to the northeasterly corner of the previously dedicated right-of-way of Reservoir Road adjacent to Block 18 of Trailwood Village, common to a point on the easterly boundary of said Tract T; thence, third course: N89 55'36"W, along the northerly edge of the previously dedicated right-of-way of Reservoir Road adjacent to said Block 18, a distance of 17.45 feet to the northeasterly corner of Lot 5 of Block 18 of Trailwood Village, common to the northwesterly corner of the previously dedicated right-of-way of Reservoir Road adjacent to said Block 18; thence, fourth course:  N75 20'08"W, along the northerly boundary of said Lot 5 of Block 18, a distance of 187.05 feet, to the northwesterly corner of said Lot 5 of Block 18, common to the northeasterly corner of the previously dedicated right-of-way of the Savannah Street in Block 18 of Trailwood Village; thence, fifth course:  N73 37'43"W, along the northerly edge of the previously dedicate right-of-way of said Savannah Street, a distance of 52.00 feet, to the northwesterly corner of the previously dedicate right-of-way of said Savannah Street, common to the northeasterly corner of Lot 1 of Block 19 of Trailwood Village; thence, sixth course:  N73 37'43"W, along the northerly boundary of said Lot 1 of Block 19, a distance of 110.00 feet, to the northwesterly corner of said Lot 1 of Block 19, common to a point on the easterly boundary of Lot 2 of Block 19 of Trailwood Village; thence, seventh course:  N16 22'17"E, along the easterly boundary of said Lot 2 of Block 19, a distance of 100.00 feet, to the northeasterly corner of said Lot 2 of Block 19; thence, eighth course:  N56 46'36"W, along the northerly boundary of said Lot 2 of Block 19, a distance of 10.34 feet, to a point on the northerly boundary of said Lot 2 of Block 19; thence, ninth course:  N58 23'12"E, a distance of 129.245 feet; thence, tenth course:  N49 39'12"E, a distance of 52.00 feet; thence, eleventh course:  southeasterly, curving to the right on a curve with a radius of 126.00 feet, a delta angle of 09 57'12", an arc length of 21.88 feet, a chord bearing of S35 22'12"E, and chord distance of 21.86 feet; thence, twelfth course:  N59 36'24"E, a distance of 136.53 feet, to a point on the southerly boundary of said Lot A of Block 13; thence, thirteenth course:  S46 37'26"E, along the southerly boundary of said Lot A of Block 13, a distance of 51.09 feet, to the southeasterly corner of said Lot A of Block 13, common to the southwesterly corner of the right-of-way of Reservoir Road adjacent to said Block 13, and the Point of Beginning, located the extension of Savannah Street north of Williams Street. 

90.             No. 04SV057 - A request by Garry McKinnon for a Variance to the Subdivision Regulations to waive the requirements to install water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 Revised and Lot 2 Revised in Block 14 of Green Acres Addition, located in SW1/4 Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Lot 2, Lot 3 less Lots A and B, and adjacent vacated alley in Block 14, Green Acres Addition, located in SW1/4 Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3117 W. Rapid Street. 

91.             No. 04SV058 - A request by Sperlich Consulting, Inc. for Ed and Linda Eisenbraun for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lot BR, Trailwood Village located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village, and Lot B of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, B.H.M., Pennington County, South Dakota, more fully described as follows:  Commencing at the northeasterly corner of Lot B of Trailwood Village, common to the southeasterly corner of Lot A of Trailwood Village, and common to a point on the westerly edge of the right-of-way of Covington Street, and the Point of Beginning;  thence, first course: S00º11'02"W, along the westerly edge of the previously dedicated right-of-way of said Covington Street, a distance of 83.43 feet, to a point of curve; thence, second course:  southerly, along the westerly edge of the previously dedicated right-of-way of said Covington Street, curving to the right on a curve with a radius of 520.00 feet, a delta angle of 27º14'44", an arc length of 247.27 feet, a chord bearing of S13º48'24"W, and a chord distance of 244.95 feet, to the southeasterly corner of said Lot B, common to the corner of the previously dedicated right-of-way of Avery Drive; thence, third course: northwesterly, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, curving to the left on a curve with a radius of 2043.52 feet, a delta angle of 09º03'34", an arc length of 323.12 feet, a chord bearing of N60 34’20”W, and a chord distance of 322.78 feet; thence, fourth course:  N24º53'53"E, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, a distance of 20.00 feet; thence, fifth course:  N65º06'07"W, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, a distance of 25.00 feet; thence, sixth course:  S24º53'53"W, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, a distance of 20.00 feet; thence, seventh course:  N65º06'07"W, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, a distance of 10.00 feet, to a corner of said Lot B; thence, eighth course:  N65º06'07"W, along the southerly edge of said Lot B, a distance of 72.70 feet, to the southwesterly corner of said Lot B of Trailwood Village; thence, ninth course:  S68º57'27”W, a distance of 209.64 feet, to a point on the northerly edge of the right-of-way of SD State Highway 44; thence, tenth course:  N51º11'35"W, along the northerly edge of the right-of-way of SD State Highway 44, a distance of 103.00 feet, to the southwesterly corner of said Tract T of Trailwood Village; thence, eleventh course:  N00º12'10"E, along the westerly boundary of said Tract T of Trailwood Village, common to the easterly boundary of a portion of the SW1/4 of the SW1/4 of said Section 10, a distance of 130.38 feet, to the southwesterly corner of said Lot A of Trailwood Village; thence, twelfth course:  S89º48'58"E, along the southerly boundary of said Lot A of Trailwood Village, a distance of 275.84 feet, to the northwesterly corner of said Lot B of Trailwood Village, common to a point on the southerly boundary of said Lot A of Trailwood Village; thence, thirteenth course:  S89º48'58"E, along the northerly boundary of said Lot B of Trailwood Village, common to the southerly boundary of said Lot A of Trailwood Village, a distance of 437.17 feet, to the northeasterly corner of Lot B of Trailwood Village, common to the southeasterly corner of Lot A of Trailwood Village, and common to a point on the westerly edge of the right-of-way of Covington Street, and the Point of Beginning, located at the intersection of Covington Drive and Avery Street. 

92.             No. 04SV059 - A request by Sperlich Consulting, Inc. for Dalwyn Vandenhoek for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1A and 1B of Block 18, Trailwood Village, located in the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 1 of Block 18, Trailwood Village, located in the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Reservoir Road and Williams Street. 

93.             No. 04VR007 - A request by M. James and Kristine J. Brekhus for a Vacation of Public Right-of-Way on Lot 9, Forest Park Estates, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4295 Rosemary Lane. 

PLANNING DEPARTMENT ITEMS 

ORDINANCES & RESOLUTIONS 

94.             No. 04OA007 First Reading, Ordinance No. 4904 Amending All References to the Uniform Building Code of the City of Rapid City Municipal Code in Chapter 17. 

95.             No. 04OA008 First Reading, Ordinance No. 4095 Extending the Temporary Zoning Controls for the Airport Zoning District Contained in Ordinance No. 3963 which Added Chapter 100 to the Rapid City Municipal Code. 

96.             No. LF102704-10 First Reading, Ordinance No. 4096 Amending Section 13.04.005, Section 13.04.060, Section 13.04.080, Section 13.04.090, Section 13.04.095, Section 13.04.100, Section 13.04.110, Section 13.04.130, Section 13.04.160, Section 13.04.170, Section 13.04.260, Section 13.04.590, and Section 13.04.600 and Adding a New Section 13.04.061 of Chapter 13.04 of the Rapid City Municipal Code Pertaining to Water Rates and Fees. 

97.             No. LF102704-11 First Reading, Ordinance No. 4097 Adding Section 13.08.215 and Section 13.08.361 and Amending Section 13.08.010, Section 13.08.350, Section 13.08.360, Section 13.08.365, and Section 13.08.370 of the Rapid City Municipal Code Pertaining to Sewer Rates and Fees. 

98.             No. 04RZ047 First Readng, Ordinance No. 4098, a request by Mike Tennyson and Pat Tlustos to consider an application for a Rezoning from Heavy Industrial District to Office Commercial District on the unplatted portion of the W1/2 NW1/4 SE1/4 and Block 1, North Riverside Addition; all located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1350 West Chicago Street. 

LEGAL & FINANCE COMMITTEE ITEMS 

99.             No. CC110104-01 Authorization for the Mayor and Finance Officer to sign Water Supply Agreement with West Nike Homeowners Association, Inc. 

PUBLIC WORKS COMMITTEE ITEMS 

100.         No. PW102604-09a Request authorization to prepare an H-Lot plat for additional right- of-way at the intersection of Fairmont Boulevard and Mount Rushmore Road. 

101.         No. PW102604-09b Request authorization to accept a deed for the H Lot for additional right-of-way at the intersection of Fairmont Boulevard and Mount Rushmore Road. 

102.         No. PW102604-09c Authorization for Mayor and Finance Officer to sign an Agreement with JR Investments, LLC to construct improvements to the western half of the intersection of Fairmont Boulevard and Mount Rushmore Road. 

CIP COMMITTEE ITEMS 

FINANCE OFFICER’S ITEMS 

APPROVAL OF BILLS 

103.         No. CC110104-02 November 1, 2004 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

CITY ATTORNEY’S ITEMS 

104.         Executive Session to discuss pending litigation, contractual and personnel matters 

105.         No. LF101304-08 Authorization for Mayor and Finance Officer to sign Agreement for Water and Sewer Service with Atlantis, LLC. 

106.         Report from Board of Freeholders regarding City owned land at Mall Drive and Elk Vale Road. 

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADJOURN