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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 15, 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.)

INVOCATION 

PLEDGE OF ALLEGIANCE 

ROLL CALL AND DETERMINATION OF QUORUM 

APPROVE MINUTES of November 1, 2004 

ADOPTION OF THE AGENDA 

AWARDS AND RECOGNITIONS

1.                  Presentation to Jeff Partridge

2.                  Veteran of the Month

3.                  Employee Awards 

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

4.                  No. CC111504-01 Whitehead Ballfield Improvements Phase 3 (Irrigation, Fencing, Grading & Seeding), Project No. PR04-1428

5.                  No. CC111504-01 North Elk Vale Sewer Main Extension, Project No. SS03-1292

6.                  No. CC111504-01 Centre Street Sewer Main Extension, Project No. SS00-940 

ITEMS FROM THE MAYOR 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

7.                  Ward 5 Alderman Selection

8.                  Pedestrian safety at Fifth/Franklin, Alderman Sam Kooiker on behalf of Darlene Quillen, Alice Johnson and Don Myhre 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR – Items 9-30 

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 December 6, 2004:

9.                  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 on 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). 

10.             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. 

11.             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. 

12.             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. 

13.             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. 

14.             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. 

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. 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. 

17.             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. 

18.             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. 

19.             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. 

20.             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 unplatted balance of the N1/2NE1/4 less Right-of-way, unplatted balance of the SE1/4NE1/4, SW1/4NE1/4 less the south 23 feet of the east 240 feet of the west 593 feet the of SW1/4NE1/4, less Copper Oaks all located in Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located along Wild Turkey Way and Quartz Canyon Lane. 

21.             No. 04PL146 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Preliminary Plat on Lots 11 thru 16 and Lots 31 thru 42, Minnesota Ridge Heights Subdivision, located in the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion and Tract R of NW1/4 SW1/4 located in the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 0.75 miles west of Fifth Street and Minnesota Avenue. 

22.             No. 04PL148 - A request by Davis Engineering for a Preliminary Plat on Lots 10 thru 13, Block 3; Lots 9 thru 15, Block 4; Lots 2 thru 7, Block 5; Lot 1, Block 8; Lots 2, Block 10; Lots 2 thru 5, Block 11; all located in Murphy Ranch Estates Subdivision, Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4 less Murphy's Subdivision and Right of Way, Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Longview Drive to the east of Reservoir Road. 

23.             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. 

24.             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. 

25.             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. 

26.             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 at the southeast corner of the intersection of Eglin Street and East Anamosa Street. 

27.             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. 

28.             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. 

29.             No. 04VE021 - A request by Dream Design International, Inc. for Scott Nash for a Vacation of Drainage Easement on Lot 2 thru 7, Block 9, Meadows Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Field View Drive at the intersections of Arlington Drive and Montage Drive. 

30.             No. 04RZ047 - A request by MikeTennyson and Pat Tlustos 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. 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

On Sale Retail Liquor License

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

On Sale Retail Wine License

32.             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

33.             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

34.             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

35.             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

36.             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 

Set for Hearing (December 6, 2004) 

On-Sale Retail Liquor License Transfer

37.             Rushmore Cuisine, Inc. dba Ruby Tuesday, 2707 Mt. Rushmore Road for an On-Sale Retail Liquor License Transfer (from High Plains Securities, Inc.) 

Off-Sale Package Liquor License

38.             Staple & Spice Market, Inc. dba Staple & Spice Market, 601 Mt. Rushmore Road for an Off-Sale Package Liquor License 

CONSENT CALENDAR ITEMS – Items 39-71 

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 20, 2004)

39.             No. 04VR010 - A request by CETEC Engineering Services, Inc. to consider an application for a Vacation of Right-of-Way on a portion of Spring Canyon Trail right-of-way located south of Mountain Pine Lane right-of-way adjacent to Lot 3 Block 5 and Lot 6 Block 4, all located in Clarkson Subdivision, in the NE1/4 of Section 31, T1N, R7E, BHM, Pennington County, South Dakota, more generally described as being located at 8503 Clarkson Road.

40.             No. 04VR011 - A request by Lyle Henriksen for Chase & Company, LPI to consider an application for a Vacation of Right-of-Way on that portion of Greenway Street right-of-way lying between the east line of Holcomb Avenue right-of-way and a line between the south corner of Lot 3 and the east corner of Lot 19 of Bock 1 of Millard Addition, located in NE1/4 of NE1/4 of Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along Greenway Street between Holcomb Avenue and North Maple Avenue. 

Public Works Committee Consent Items

41.             Acknowledge the report on the Omaha Street Construction/Left Turn Signal by the South Dakota Department of Transportation

42.             No. PW110904-01 Approve Change Order No. 1F for Star of the West Parking Lot Project No. PR04-1336 to Simon Contractors of South Dakota, Inc. for a decrease of $4,698.01.

43.             No. PW110904-02 Approve Change Order No. 3F for Whitehead Ballfields Improvements Restroom and Picnic Shelter Project No. PR04-1332 to Tru-Form Construction, Inc. for a decrease of $120.00.

44.             No. PW110904-03 Approve Change Order No. 1F for Carmel Townhomes High Pressure Water Main Relocation Project No. DEV03-639 to Lind Exco for an increase of $686.08.

45.             No. PW110904-04 Approve Change Order No. 2 for South East Connector Water & Sewer Reconstruction Project No. SSW02-1137 to Heavy Constructors, Inc. for a decrease of $20,623.50.

46.             No. PW110904-11 Authorize staff to advertise for bids for One (1) New Current Year Model Vacuum Trailer for Water Collection and Distribution Department

47.             No. PW110904-07 Approve an Initial Resolution setting time and place for hearing on December 6, 2004 for Block 13 Alley Paving (West Boulevard Addition) Project No. ST04-1420.

48.             No. PW110904-08 Request staff to proceed with revisions to the handicap access ramp details to include detectable warning panels as required by ADA as outlined in the Rapid City 2004 Standard Specifications for Public Works Improvements.

49.             No. PW110904-10 Approve a request for consideration by the South Dakota Army National Guard to lease an additional 8.6 acres of City property positioned north of the Rapid City landfill along Catron Boulevard with the existing 60 year lease.

50.             No. 04TP021 - Approve the Draft 2005 Unified Planning Work Program 

Legal & Finance Committee Consent Items

51.             No. LF111004-01 Approve Appointment of Malcom Chapman to City Insurance Committee

52.             No. LF111004-02 Approve Appointment of Mark S. Kjellerson to Rapid City Mayor’s Committee on Disabilities

53.             No. LF111004-03 Approve Appointment of Jacqueline Allen to Beautification Committee

54.             No. LF111004-05 - Authorize Mayor and Finance Officer to Sign Memorandum of Understanding with the United States Department of Homeland Security Federal Protective Service.

55.             Authorize staff to advertise for bids for One (1) New Current Model Year 75’ Aerial Ladder Truck for the Fire Department

56.             Authorize staff to purchase from State Contract One SUV (Budgeted Amount-$25,000)

57.             No. 04TP022 Authorize Mayor and Finance Officer to Sign Amendment No. 1 to the Professional Service Agreement with Ferber Engineering, Inc. for the Airport Future Land Use Plan Contract Extension (No cost, time extension only)

58.             No. 04TI009 A request by Haven Stuck for BWWW Enterprises, LLC to consider an application for a Resolution Creating Tax Increment District #48 on Tract B of NE1/4SE1/4 and SE1/4SE1/4 and Tract C of SE1/4SE1/4, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots A, C & D of Tract A of SE1/4SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lots E, F and K of Tract A, Schlottman Addition of SE1/4SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; Lots G and H of Tract A of Schlottman Addition located in SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; the 50 foot dedicated public right-of-way lying north of Lots A, C, & D of Tract A of SE1/4 of SE1/4 and lying north of Lots E, F, G and H of Tract A, Schlottman Addition of SE1/4 of SE1/4 all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota known as East Saint Charles Street located between Sedivy Lane and South Valley Drive; and, the 66 foot dedicated public access road located in the SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota known as Sedivy Lane beginning south of the railroad right-of-way in the SE1/4 of Section 5 extending south approximately 1,026 feet more or less, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of South Valley Drive, south of SD Highway 44 and north of E. St. Charles Street and South Valley Drive Right-of-way.

59.             No. 04TI010 A request by Haven Stuck for BWWW Enterprises, LLC to consider an application for a Tax Increment District #48 - Project Plan on Tract B of NE1/4SE1/4 and SE1/4SE1/4 and Tract C of SE1/4SE1/4, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots A, C & D of Tract A of SE1/4SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and Lots E, F and K of Tract A, Schlottman Addition of SE1/4SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; Lots G and H of Tract A of Schlottman Addition located in SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; the 50 foot dedicated public right-of-way lying north of Lots A, C, & D of Tract A of SE1/4 of SE1/4 and lying north of Lots E, F, G and H of Tract A, Schlottman Addition of SE1/4 of SE1/4 all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota known as East Saint Charles Street located between Sedivy Lane and South Valley Drive; and, the 66 foot dedicated public access road located in the SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota known as Sedivy Lane beginning south of the railroad right-of-way in the SE1/4 of Section 5 extending south approximately 1,026 feet more or less, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of South Valley Drive, south of SD Highway 44 and north of E. St. Charles Street and South Valley Drive Right-of-way.

60.             No. LF111004-06 Approve a Resolution to Become a South Dakota Retirement System Special Pay Program Unit

61.             No. LF111004-07 Approve a Resolution Establishing a Stop Pay Policy for Lost or Destroyed Checks Issued by the City of Rapid City

62.             Approve closing the ice facility and the swimming facility on Thanksgiving, Christmas and Easter

63.             Request City Attorney’s Office to draft an ordinance regarding options relating to garbage rates

64.             Authorize City Attorney to Approve Editorial Changes Suggested by the Code Publisher

65.             Approve the following Licenses: Plumbing Apprentice: Bradley L. Job, William Kribell; Residential Contractor: Chad Zandstra Landscaping & Construction, Chad Zandstra 

Planning Department Consent Items

66.             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. 

67.             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. 

68.             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. 

69.             No. 04PL147 - 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

70.             Acknowledge Rushmore Chapter of ABATE, Inc. raffle for a 2005 Harley-Davidson Motorcycle, Budweiser neon sign, and Black Hills Gold watch; drawing to be on or before August 13, 2005

71.             Acknowledge The Literacy Network raffle for a hand crafted knife, valued at $375, to be conducted December 15 to March 15, 2005 at the Rushmore Mall 

END OF CONSENT CALENDAR 

PUBLIC HEARINGS 

72.             No. CC111504-02 Resolution of Necessity for Block 8 Alley Paving (West Boulevard Addition) Project No. ST03-1330 

73.             No. CC111504-03 Resolution Levying Assessment for Cleanup Of Miscellaneous Properties 

74.             No. CC111504-04 Resolution Levying Assessment for Parkview Drive Extension Project No. ST01-1006 

75.             No. 04FV012 Deny without prejudice a 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. 

76.             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. 

77.             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 the unplatted balance of the N1/2NE1/4 less Right-of-way, unplatted balance of the SE1/4NE1/4, SW1/4NE1/4 less the south 23 feet of the east 240 feet of the west 593 feet the of SW1/4NE1/4, less Copper Oaks all located in Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located along Wild Turkey Way and Quartz Canyon Lane. 

78.             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. 

79.             Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for the installation of water on Vale street and sewer on Vale Street, West Rapid Street and 32nd Street as they abuts 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, more generally described as being located at 3117 W. Rapid Street. (04SV057) 

80.             Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for the installation of curb, gutter and sidewalk along S.D. Highway 44 as it abuts 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 (04SV058) 

81.             Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for the installation of curb, gutter and sidewalk along Reservoir Road as it abuts 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 (04SV059) 

82.             No. 04SV060 - 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 along Cavern Road 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. 

83.             No. 02VR004 - A request by Willard Werth for Black Hills Auto for a Vacation of Right-of-Way on a parcel of land located in the SW1/4 SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; said 0.057 acre of land lying south of Jess Street, and west of Lot 8 of SSJE Subdivision, and shown on Survey Plat recorded in Plat Book 28, Page 154 in the office of the Pennington County Register of Deeds, and being more particularly described by metes and bounds as follows to-wit:  Beginning at an iron rod with cap marked "D.C. Scott L.S. 2540" found for the northerly northwest corner of said Lot 8 of SSJE Subdivision on the south right-of-way line of Jess Street, a 60 foot wide public right-of-way; thence, South 24º41'07" West, along the northwesterly line of said Lot 8 of SSJE Subdivision, a distance of 109.89 feet to a point for corner; thence North 02º21'15" West, a distance of 100.00 feet to an iron rod with cap marked "Dean Scott, L.S. 4897" set for corner on the south right-of-way line of Jess Street, as previously described; thence, South 89º55'11" East, along on the south right-of-way line of Jess Street, a distance of 50.00 feet to the POINT OF BEGINNING and containing 0.057 acre of land, more or less, located at 1221 Jess Street. 

84.             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. 

PLANNING DEPARTMENT ITEMS 

ORDINANCES & RESOLUTIONS 

85.             No. 04OA007 Second Reading, Ordinance No. 4094 Amending All References to the Uniform Building Code of the City of Rapid City Municipal Code in Chapter 17 

86.             No. 04OA008 Second 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 

87.             No. LF102704-10A Second 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 

88.             No. LF102704-11A Second 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 

89.             No. LF111004-10 First Reading, Ordinance No. 4093 Amending Al References to the Uniform Building Code of the Rapid City Municipal Code in Chapters 2, 5, 12 and 15 

90.             No. LF102704-12 First Reading, Ordinance No. 4083 Regulating On-Site Wastewater Disposal and Treatment by Amending Chapter 13.08 of the Rapid City Municipal Code to Add Article VIII 

91.             No. 04RZ056 First Reading, Ordinance No. 4099, a request by Mike Tennyson and Pat Tlustos to consider an application for a Rezoning from Park Forest District to Office Commercial District on the north 640 feet of the unplatted portion of the W1/2 NW1/4 SE1/4 except Block 1, North Riverside Addition; all located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1350 West Chicago Street. 

LEGAL & FINANCE COMMITTEE ITEMS 

92.             No. LF111004-04 Approve Event Permit for Motorcycle Parking During the 2005 Rally 

93.             Information System Update, Police Department 

PUBLIC WORKS COMMITTEE ITEMS 

94.             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. 

95.             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. 

96.             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. 

97.             No. PW102604-02 Request variance to waive sidewalk requirement as per City of Rapid City Subdivision Regulations at 515 South Street, Barb Fritz, Action Development Group 

98.             No. PW110904-06 Authorize Mayor and Finance Officer to sign a Covenant Agreement with Jim Parker to extend water main along Skyline Drive to the Dinosaur Park facility. 

99.             Authorize Fire Shepherd to enter into discussion and negotiations with Western Dakota Technical Institute to prepare a formal Proposal for Council consideration at a later date regarding the use of the southern portion of the Landfill buffer land for a Fire Training Center. 

100.         Lindbergh/Haines Avenue Intersection traffic signal 

CIP COMMITTEE ITEMS 

FINANCE OFFICER’S ITEMS 

APPROVAL OF BILLS 

101.         No. CC111504-05 November 15, 2004 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

CITY ATTORNEY’S ITEMS 

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

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADJOURN