AGENDA
FOR THE CITY COUNCIL
City of Rapid City, South Dakota
November 4, 2002
Minutes - Correct the minutes of October 21, 2002, to correct the legal description on No. 01PL054 - a request by Dream Design, Inc. for Big Sky LLC for a Final Plat to read as follows: Lots 1 and 8 of Block 13; Lots 2-5 of Block 14, and Dedicated Streets, Big Sky Subdivision, located in the SE1/4 NW1/4 and NE1/4 NW/14 of Section 3, T1N, R8E, B.H.M., Pennington County, South Dakota; excepting Lot 1 on Block 13 and Lot 1 in Block 14 of Big Sky Subdivision and Dedicated Public Rights of Way (Big Sky Drive and DeGeest Street), as shown on the plat filed in Plat Book 29, Page 154, located at the northern terminus of DeGeest Street; and approve the minutes of October 29, 2002.
Bid Openings
Mayor’s Items
Alderperson Items/Liaison Reports
Special Items and Items from Visitors
1. CC110402-01 - Conrad Ruppert (The Maze) - Appeal from Sign Code Board of Appeals
Alcoholic Beverage License Applications
Hearings:
2. RGR Inc., dba Hara’s, 2200 N Maple Avenue, for an On-Sale Liquor License Renewal and Sunday Opening
3. Alta-Lee Inc., dba Clock Tower Lounge, 2525 West Main Street, for an On-Sale Liquor License Renewal and Sunday Opening
4. Museum Alliance of Rapid City Inc., dba The Journey Museum, 222 New York Street, for a New On-Sale Malt Beverage License and a New On-Sale Wine License
Set for Hearing:
5. Kurylas Inc., DBA Imperial Inn, 125 Main St, for an On-Sale Liquor License Renewal, No Sunday Opening
6. Margaret Jefferson DBA Oasis Lounge, 711 Main St, for an On-Sale Liquor License Renewal, No Sunday Opening
7. City of Rapid City, DBA Airport Restaurant & Lounge, Rural Route 2 Box 6335, for an On-Sale Liquor License Renewal and Sunday Opening
8. Arrowhead Country Club, 3675 Sheridan Lake Rd for an On-Sale Liquor License Renewal and Sunday Opening
9. Guang Huan Huang, DBA Hunan Chinese Restaurant, 1720 Mt Rushmore Rd for an On-Sale Wine License Renewal
10. Wilburn-Powers Inc, DBA Horseshoe Bar, 1407 ½ E North St for an On-Sale Liquor License Renewal and Sunday Opening
11. Robert W Johnson, DBA Canyon Lake Pub & Casino, 4116 Jackson Blvd for an On-Sale Wine License Renewal, No Sunday Opening
12. Century Motels Inc., DBA Howard Johnson Express Inn & Suites, 950 North St for a New On-Sale Wine License, No Sunday Opening
13. Rapid City Elks Club Lodge #1187, 3333 E 39th St for an On-Sale Liquor License Renewal and Sunday Opening
14. Porter Apple Company, DBA Applebee’s Neighborhood Grill & Bar, 2160 Haines Ave, for an On-Sale Liquor License Renewal and Sunday Opening
15. Sam’s West inc., DBA Sam’s Club #6565, 1020 Lacrosse St, for an Off-Sale Liquor License Renewal, No Sunday Opening
16. Sanford’s Grub & Pub South Dakota Inc., DBA Sanford’s Grub & Pub, 306 7th St, for an On-Sale Liquor License Renewal and Sunday Opening
17. VFW, DBA Rushmore Post 1273, 420 Main St, for an On-Sale Liquor License Renewal and Sunday Opening
Other
Consent Calendar Items
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.
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Set for Hearing (November 18, 2002)
18. No. 02UR025 - Carriage Hills Subdivision - A review of Planning Commission's decision on an application for a Conditional Use Permit to allow an oversized private residential garage on Lot 7 of Block 7, Carriage Hills Subdivision, Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4041 Penrose Place.
19. No. 02PD057 - Robbinsdale Addition No. 10 - A review of Planning Commission's decision on an application for a Major Amendment to a Planned Commercial Development on Lot 2R of Block 28, Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southwest of the intersection of Fifth Street and Anamaria Drive.
Public Works Committee Items
20. No. PW102902-01 – Approve Change Order No. 01 for W02-1156, Water Well No. 12 to Water System Drilling, Inc. for an increase of $26,391.00.
21. No. PW102902-02 – Approve Change Order No. 02F for ST02-1158, 2002 Mill and Overlay Project to Simon Contractors of South Dakota for an increase of $55,360.87.
22. No. PW102902-03 – Approve Change Order No. 01F for W02-1198, Upper Rapid Creek Fishing and Picnic Area Project to R.C.S. Construction, Inc. for increase of $1,483.13.
23. No. PW102902-04 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to a Professional Service Agreement with CETEC Engineering Services, Inc. to Design ST01-973, Tower Road Slide Area Reconstruction Project for an amount not to exceed $598.53.
24. No. PW102902-05 - Authorize Mayor and Finance Officer to sign a Professional Service Agreement with FMG, Inc. for a Preliminary Design of W01-1084, East St. Louis and Waterloo Watermain Reconstruction Project for an amount not to exceed $9,915.00.
25. No. PW102902-06 - Authorize Mayor and Finance Officer to sign a Professional Service Agreement with CETEC Engineering Services, Inc. to Design ST03-1251, Fairmont Blvd./Hwy. 16 Intersection Project for an amount not to exceed $16,303.50.
26. No. PW102902-07 - Authorize Mayor and Finance Officer to sign a Professional Service Agreement with FMG, Inc. for ST02-1280, 2002 City Wide Geotechnical Investigations Program for an amount not to exceed $30,000.
27. No. PW102902-09 – Approve an Initial Resolution Setting Time and Place for Hearing on December 2, 2002 for SS01-1052, East Catron Boulevard Sanitary Sewer Extension Highway 79 to 5th Street Project.
28. No. PW102902-10 – Approve a Travel Request for James Walraven to attend GC Supt. Association of American 74th International Golf Course Conference and Show in Atlanta, Georgia February 10-16, 2003 in the amount of $2,190.50.
29. No. PW102902-11 – Approve a Resolution Establishing Fees for Grave Spaces and Cemetery Services.
30. No. PW102902-12 – Approve the purchase of one (1) new current model year 4x4 pickup from Lamb Chevrolet, Inc. for a total purchase price of $16,476 under State Contract #13769 for the Solid Waste Operations Division.
31. No. PW102902-13 – Approve the purchase of two (2) new current model year ¾ Ton, 4x4 regular cab, long box trucks from Lamb Chevrolet, Inc. for a total purchase price of $37,036 under State Contract #13769 for the Street Division.
32. No. 02VE006 – Approve a Vacation of Utility Easement for petitioner Kirby Ruenholl on Lot 5 of Block 2 of Meadow Ridge Subdivision located in the W1/2 of the SW1/4 Section 2, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 1810 Ennen Drive.
33. No. 02RD007 – Approve a Resolution renaming Estes Court to Estes Park Court for petitioner City of Rapid City on the right-of-way adjacent to Lot 11 Revised, Bock 2, Signal Heights and Lot 1 Revised, Block 3, Signal Heights and Tract 3 Revised, Signal Heights #2, all located in Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of the intersection of Crescent Drive and Estes Court.
34. Open Roosevelt Ice Arena on Thanksgiving Day from 1-9:00 P.M.; but allow staff the flexibility of closing early if there is no one in attendance.
Legal & Finance Committee
35. Authorize Mayor and Finance Officer to sign Memorandum of Agreement between the State of South Dakota Department of Military and Veterans Affairs Office of the Adjutant General South Dakota Army National Guard and Rapid City Police Department City of Rapid City.
36. LF103002-01 - Authorize Staff to Submit Grant Application to the State for Wildland Mitigation Monies.
37. Authorize Staff to go out for RFP's for independent contractor services with Educational Leadership & Evaluation.
38. LF103002-04 - Resolution Declaring Property Surplus.
39. LF103002-05 - Subsidy Committee Recommendations.
40. LF103002-06 - Authorize Mayor and Finance Officer to Sign Exterior Bus Advertising Contract with the Following Parties: Dave Schmidt, Juanita Christianson, Karen Soderquist, Sue Drysdale, Paula Lewis, Gene Hensley, JoAnn O'Brien.
41. LF103002-07 - Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup.
42. LF103002-08 - Approve Purchase of Right of Way at 2436 Canyon Lake Drive (S 299.05' of Lot C, less the West 10' of Lot 2, Harter Tract) from Keith Johnson.
43. LF103002-09 - Resolution of Acceptance (Howard Street Right of Way).
44. LF103002-10 - Resolution of Acceptance (Tract AR2).
45. Direct the City Attorney's office to draft a letter to the Game, Fish & Parks to be signed by the Mayor and the City Attorney's office requesting their financial participation in our deer management program.
46. Direct staff to issue Mr. Herr a building permit now and decide whether or not to allow the plumbing at the public hearing on November 18, 2002.
47. Direct staff to meet with the Lazy P-6 people in an attempt to come to an agreement on when the paving of the road will occur.
48. Accept the recommendation of the Rules Committee and to adopt the following items: 1) the Council will follow Robert's Rules of Order; 2) the current Council members will have an orientation on Robert's Rules of Order; 3) all new Council members will have an orientation on Robert's Rules of Order; 4) a parliamentarian will be available at the Council meetings for a period of time to assist the Council in following Robert's Rules of Order; and 5) the Council will have the ability to amend Robert's Rules of Order and staff is directed to go ahead and make the changes that are required by law.
49. Approve Appointment of Patricia Kenner, Christi Nelson and Dick Maguire to the RSVP Committee.
50. Approve appointment of the following to the Golf Management Advisory Board: Council Representatives: Tom Johnson with Bill Waugh as the alternate; City Finance Officer Jim Preston; Citizen Volunteer (advertising & marketing): Stacy Sharp (one year term); Citizen Volunteer (food & beverage): Barry Winter (one year term); Citizen Volunteer (business background): George Brown (two year term), Pat Wyss (three year term), and Wes Storm (two year term).
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Public Hearings
51. No. 02FV010 – Deny without prejudice a Fence Height Exception for petitioners Ronn and Sharlene Mitchell to allow a six foot fence in the front yard for that portion of the southeast property line lying 25 feet southwest of the northeast property line on Lot 1 of Block 2 of Copperfield Subdivision, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1813 Copperdale Drive.
52. No. 02FV012 - A request by Russell Oubre for a Fence Height Exception to allow a six foot privacy fence in the front yard on Lot 3 thru 5, Blake's Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 129 East Philadelphia Street.
53. CC110402-02 - Resolution Levying Assessment on Block 23 Alley Paving (Flormann Addition) Project ST01-1039
Planning Department Consent Items
54. No. 02AN007 - A request by Dream Design International, Inc. for a Petition for Annexation on a parcel of land located in the previously unplatted portion of the NW1/4 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; described by metes and bounds as commencing at the 1/4 corner common to Sections 3 and 4, T1N, R8E, BHM. Said corner being marked by a rebar with survey cap marked LS 1771, thence South 52º31'58" East a distance of 1093.41 feet to the Point of Beginning; continuing from the Point of Beginning; thence South 00º12'42" West a distance of 662.60 feet; thence North 89º42'42" West a distance of 362.69 feet; thence North 00º05'41" East a distance of 314.08 feet; thence North 89º33'05" West a distance of 165.99 feet; thence North 00º13'30" East a distance of 347.44 feet; thence South 89º46'40" East a distance of 529.24 feet; returning to the Point of Beginning, located in the cul-de-sacs at the west end Sweetbriar Street and Avenue A.
55. No. 02AN010 - A request by City of Rapid City and the South Dakota Department of Transportation for a Petition for Annexation on the Balance of Tract A in the E1/2 SW1/4 and the W1/2 SE1/4, Lot 2 of Tract A of the NE1/4 SW1/4, Orchard Lane in the NE1/4 SW1/4, Lot H1 in Tract A in the E1/2 SW1/4 and the W1/2 SE1/4, Lot H1 in Lot 1 of the Well Addition in the SW1/4, Lot H1 in the N1/2 SE1/4 NW1/4, Lot H2 in the N1/2 SW1/4 NE1/4 lying south and west of SD Highway 44 and railroad right-of-way, Lot H5 in the NE1/4 NW1/4 lying south and west of SD Highway 44, and Lot H2 in the NW1/4 NE1/4 lying south and west of SD Highway 44 and railroad right-of-way, all located in Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located south of SD Highway 44 East and South Valley Drive.
56. No. 01PL065 - A request by D. C. Scott Co. for a Preliminary and Final Plat on Lot 4R of Polar Bear Subdivision formerly Lot 4 of Polar Bear Subdivision and unplatted land located in the NE1/4 SE1/4 of Section 7, Township 1 North, Range 8 East of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Sydney Drive and S.D. Highway 79.
57. No. 02PL012 - A request by Dream Design International, Inc. for Stoney Creek Inc. for a Final Plat on Lot 24, Block 3; Lots 4, 5, and Outlot "A", Block 4; Lots 1-22, Block 6 of Stoney Creek Subdivision and dedicated Nugget Gulch Drive, Harvard Avenue, Columbia Court, Cornell Court and major drainage easements located in the NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 SW1/4 less Stoney Creek Subdivision Phase 1 and Less Lot H2, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of Catron Boulevard and Sheridan Lake Road.
58. No. 02PL029 - A request by Davis Engineering for a Preliminary and Final Plat on Tract A of Murphy Ranch Estates Subdivision of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Reservoir Road and Longview Drive.
59. No. 02PL032 - A request by Renner & Sperlich Engineering Co. for Wilburn-Powers, Inc. for a Preliminary Plat on Lot 3 of Huffman Subdivision located in the NW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 3 and 4 of the NW1/4 of the SW1/4 of Section 32 less Lot H1 of Lots 3, 4, 5 & 6 of the NW1/4 of the SW1/4 of Section 32, and the unplatted portion of the NW1/4 of the SW1/4 of Section 32 and the existing 16 foot wide alley located in the NW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Cambell Street and between US Highway 14 & 16 and East Philadelphia Street.
60. No. 02PL040 - A request by Dream Design International, Inc. for a Final Plat on Lots 1-6 of Block 1; Lot 1 of Block 2; Lots 1-20 of Block 3, Lots 1-14 of Block 4; Lot 1 of Block 5, of Eastridge Subdivision and dedicated Enchantment Road, Eastridge Drive, Sally Court, and major drainage easements located in the NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as NE1/4 NW1/4; N1/2 NE1/4 less NW1/4 NW1/4 NE1/4 and less NE1/4 NW1/4 NE1/4 and less NW1/4 NE1/4 NE1/4; NW1/4 NW1/4; SE1/4 NW1/4 less the west 460 feet of the south 990 feet and less Lot H1; SW1/4 NW1/4 less the south 990 feet, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Fifth Street.
61. No. 02PL047 - A request by Wyss Associates, Inc. for a Layout Plat on Lots 1 thru 22, Block 1; Lots 1 thru 4, Block 2; Lot 1 thru 18, Block 3; Pine View Terrace, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract 2; Tract 4 less Lot H1, Pine View Terrace, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of Southwest Middle School, 4501 Park Drive.
62. No. 02PL051 - A request by CSU Properties, LLC for a Preliminary and Final Plat on Lot 1 of Professional Plaza Subdivision, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot RU-9A, Lots 1 thru 4 of Block 6, Lot 16 and the west 9.77 feet of Lot 15 in Block 7, and adjacent vacated 4th Street R.O.W. and 1/2 vacated adjacent alley in Original Town of Rapid City, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the southeast corner of the intersection of 5th Street and North Street.
63. No. 02PL052 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Layout Plat on GL 1-2 Less ROW, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard and east of proposed future 5th Street.
64. No. 02PL056 - A request by Renner & Sperlich for J&J Truck & Auto Body for a Preliminary Plat on Lots 1 and 2 of Devine Subdivision located in the SW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract B of the SW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Less Lot H1 of Tract B of the SW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the southeast corner of the intersection of Cambell Street and Philadelphia Street.
65. No. 02PL058 - A request by Dream Design International, Inc. for a Final Plat on Lots 3 through 7 Block 1, Lots 1 through 6 Block 2, Tower Ridge Subdivision, a portion of the Aladdin Drive R.O.W. a portion of the Silver Nugget R.O.W. and all of the Southview Drive R.O.W. of the Aladdin Heights Subdivision, Lot B and the dedicated street in the NW1/4 of the SW1/4, and unplatted portions of the NE1/4 of the SW1/4, the SE1/4 of the SW1/4, and the NW1/4 of the SW1/4 all in Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of US Highway 16 and 1/4 mile north of Catron Boulevard.
66. No. 02PL070 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lot 2 Block 7, Lots 8 through 20 Block 8, and Lots 1 through 13 Block 9, Meadows Subdivision, located in the SE1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County South Dakota, legally described as Tract 1 of Parcel C of MJK Subdivision located in the E1/4 of The SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along the future extension of Field View Drive west of the Dakota Ridge Subdivision.
67. No. 02PL080 - A request by Davis Engineering, Inc. for Robert and Donald Grimm for a Preliminary and Final Plat on Lot 4 of Grimm Addition and dedicated Creek Drive Right-of-Way all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of Tract B of Government Lot 3 in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Highway 44 and east of Cambell Street at Creek Drive.
68. No. 02PL083 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1 thru 4, Block 1, Lots 1 thru 9, Block 2, and Outlot A and Dedicated Streets, Neff Subdivision II, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 of the SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the cul-de-sacs at the west end Sweetbriar Street and Avenue A.
69. No. 02PL089 - A request by Renner & Sperlich Engineering for Robert Martin, P.C. for a Layout Plat on Lots A, B, C and D of Schamber Addition, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 16 thru 20, Block 3 of Schamber Addition, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1903 and 1915 Rushmore Street.
70. No. 02PL090 - A request by Randy and Bobbie Greenway for a Preliminary and Final Plat on Lot 1 of R&B Subdivision of Block 5 of Canyon Lake Heights Subdivision, located in the SE1/4 of the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 4R Revision No. 2, Lot 3R Revised and Lot 5R located in the SE1/4 of the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3204 Falls Drive.
71. No. 02PL093 - A request by Davis Engineering for a Layout, Preliminary and Final Plat on Lot 1 Block 1, Lots 1 thru 6, Block 2, Lots 1 thru 8, Block 3, Lots 1 thru 7, and Lots 10 thru 15, Block 4, Lots 1 thru 3 and Lots 11 thru 16, Block 5 of Murphy Ranch Estates, all located in NE1/4 NW1/4 of 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 East 53rd Street and Reservoir Road.
72. No. 02PL094 - A request by D.C. Scott Co. Land Surveyors for Thomas Estes for a Layout Plat on Lot 2R and Lot 4R2 of Estes Subdivision; located in the W1/2 SW1/4 NW1/4 and W1/2 NW1/4 SW1/4 of Section 15, T1S, R7E, BHM, Pennington County, South Dakota; legally described as Lot 2, Lot 4 Revised, and unplatted land; located in the W1/2 SW1/4 NW1/4 and W1/2 NW1/4 SW1/4 of Section 15, T1S, R7E, BHM, Pennington County, South Dakota, located approximately 2.3 miles south of Reptile Gardens on Aero Road.
73. No. 02PL099 - A request by Jim Heald for Oliver and Mary Freimark for a Layout Plat on Lot 1R and 3R, Block 3, Aladdin Heights Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lot 1 thru 3, Block 3, Aladdin Heights Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 1/2 mile south of the water tower on US Highway 16.
74. No. 02PL101 - A request by D.C. Scott Co., Land Surveyors for Joe Carlin for a Layout Plat on Lot 12, Lot 13 and Lot 14 of Carlin Subdivision located in the NW1/4 SE1/4 of Section 11, T1N, R8E, BHM, Pennington County, South Dakota; legally described as the north 33 feet of the west 578.59 feet of the NW1/4 SE1/4; the south 125 feet of the north 158 feet of the west 354.46 feet of the NW1/4 SE1/4; and, the W1/2 NW1/4 SE1/4 less Carlin Subdivision and right-of-way and less the north 125 feet of the south 516.34 feet of the west 354.46 feet of the NW1/4 SE1/4 and less the north 125 feet of the south 641.34 feet of the west 354.46 feet of the NW1/4 SE1/4 and less the north 125 feet of the south 391.34 feet of the west 354.46 feet of the NW1/4 SE1/4 and less the north 33 feet of the west 578.59 feet of NW1/4 SE1/4 and less the south 125 feet of the north 158 feet of the west 354.46 feet of the NW1/4 SE1/4; all located in Section 11, T1N, R8E, BHM, Pennington County, South Dakota, located west of Carlin Drive and north of Longview Drive.
75. No. 02PL102 - A request by Doug Sperlich for Jeff Stone for a Final Plat on Lots 1, 2 and 3 of Block 1 of Sunset Heights Subdivision, located in the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as a portion of the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Broadmoor Drive.
76. No. 02PL103 - A request by Fisk Land Surveying for Dan O'Brien for a Layout Plat on Lots 1, 2 and 3 of Deadwood Avenue Business Park, located in the NE1/4 NW1/4 of Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lot 10A of Lot 10 of Tract E of Deadwood Avenue Tract located in the NE1/4 NW1/4 of Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1141 and 1161 Deadwood Avenue.
77. No. 02SE004 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Special Exception to allow curbside sidewalks in lieu of property line sidewalks as required by Section 7.5 of the Street Design Criteria Manual on the SW1/4 NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard and east of proposed future 5th Street.
END OF PLANNING CONSENT CALENDAR
78. No. 02PL037 - A request by Dream Design International, Inc. for a Final Plat on Lots 1-19 Block 1, Lots 1-37 Block 2, Lots 1-52 Block 3, Lots 1-38 Block 4, Lots 1-37 Block 5, Tract A, Tract B of Auburn Hills Subdivision, and dedicated streets, being a replat of the SW1/4 NW1/4 and NW1/4 SW1/4, and Lot 6A and 6B of the Madison Subdivision, being a replat of Lot 6 of the Madison Subdivision, all in Section 13, T2N, R7E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the SW1/4 NW1/4, less Haines Avenue Right-of-Way and NW1/4 SW1/4 of Section 13, T2N, R7E, BHM, Pennington County, South Dakota; and Lot 6 of Madison Subdivsion, in the City of Rapid City, as shown on the Final Plat recorded in Book 12 of Plats on Page 106, Pennington County Register of Deeds, located west of Haines Avenue.
79. No. 02PL085 - A request by Renner & Sperlich Engineering Co. for Dean Kelly Construction for a Preliminary Plat on Lots A, B, C, & D of Lot 3 of Block 15, Canyon Lake Heights Subdivision, located in the SE1/4 of the SE1/4 of Section 8 and the SW1/4 of the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota legally described as Lot 3 of Block 15 of Canyon Lake Heights Subdivision and a portion of the SE1/4 of the SE1/4 of Section 8 located in the SE1/4 of the SE1/4 of Section 8 and the SW1/4 of the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Cliff Drive and Miracle Place.
Planning Department – Hearings
80. No. 02CA046 - A request by City of Rapid City for Gail Miller for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Future Land Use Plan to change the future land use designation on a 2.5 acre parcel from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on property described by metes and bounds as beginning at the northwest corner of Lot A of Feigels West Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; thence N01º37'47"W a distance of 74.05 feet to the Point of Beginning; thence N01º37'47"W along the east right-of-way line of Lacrosse Street a distance of 679.45 feet to the northwest corner of Feigels West Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; thence N88º47'13"E a distance of 151.73 feet along the south right-of-way line of East New York Street; thence S01º37'47"E a distance of 169.28 feet; thence S00º23'33"W a distance of 146.31 feet; thence S17º10"22E a distance of 215.61 feet; thence S02º24'02"W a distance of 31.68 feet; thence S48º03'13"W a distance of 164.79 feet; thence S75º54'41"W a distance of 78.31 feet to the Point of Beginning, located along the east side of Lacrosse Street between E. New York Street and the extension of East St. Louis Street.
81. No. 02SV017 - A request by Renner & Sperlich Engineering Co. for Wilburn-Powers, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb and gutter, water, sewer, street light conduit and sidewalks on Lot 3 of Huffman Subdivision located in the NW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lots 3 and 4 of the NW1/4 of the SW1/4 of Section 32 less Lot H1 of Lots 3, 4, 5 & 6 of the NW1/4 of the SW1/4 of Section 32, and the unplatted portion of the NW1/4 of the SW1/4 of Section 32 and the existing 16' wide alley located in the NW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Cambell Street and between US Highway 14 & 16 and East Philadelphia Street.
82. No. 02SV040 - A request by Doug Sperlich for Jeff Stone for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks on Lots 1, 2 and 3 of Block 1 of Sunset Heights Subdivision, located in the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as a portion of the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Broadmoor Drive.
Ordinances & Resolutions
83. No. 02RZ042 - Second Reading - A request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on legally described as a parcel of land located in the previously unplatted portion of the NW1/4 of the SW1/4 of Section 3. T1N, R8E, BHM, Pennington County, South Dakota; described by metes and bounds as commencing at the 1/4 corner common to Sections 3 and 4, T1N, R8E, BHM; thence South 29º16’15” East a distance of 1027.78 feet to the True Point of Beginning; continuing at the Point of Beginning; thence South 00º05'41" West a distance of 423.45 feet; thence South 89º42'42" East a distance of 362.69 feet; thence North 00º12'42" East a distance of 502.37 feet; thence South 84º02'11" West a distance of 299.00 feet; thence South 55º17'40" West a distance of 80.84 feet; to the Point of Beginning, located the cul-de-sacs at the west end Sweetbriar Street and Avenue A.
84. No. 02RZ052 - Second Reading - A request by the City of Rapid City for a Rezoning from No Use District to Office Commercial District on the east 710 feet of NE1/4 NE1/4 less a parcel of land 400 feet by 400 feet in the northeastern most corner of the NE1/4 of Section 3, located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Degeest Street.
85. No. 02RZ054 - Second Reading - A request by the City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot H1 of the E1/2 SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the west portion of SD Highway 79 north of Folsom Road.
86. No. 02RZ055 - Second Reading - A request by the City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on the west 372 feet of SE1/4 NW1/4 and the S1/2 NE1/4 NW1/4, less Lot 1, Block 13, Big Sky Subdivision and less the western 38 feet of DeGeest Street right-of-way adjacent to Lot 1, Block 13, Big Sky Subdivision, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Degeest Street.
87. No. 02RZ056 - Second Reading - A request by the City of Rapid City for a Rezoning from No Use District to General Commercial District on the W1/2 SW1/4 NW1/4 and the SW1/4 NW1/4 NW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Degeest Street.
88. No. 02RZ057 - Second Reading - A request by the City of Rapid City for a Rezoning from No Use District to Office Commercial District on the E1/2 SW1/4 NW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and the SE1/4 NW1/4 NW1/4 less the following described property: Beginning at the Northwest Corner of the E1/2SW1/4NW1/4 of Section 3, thence N00 07’25”W, 975.94 feet; thence N89 54’07”E, 231.27 feet; thence S00 01’25”E, 976.23 feet; thence S89 58’35”W, 229.57 feet to the POINT OF BEGINNING, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Degeest Street.
89. No. 02RZ058 - Second Reading - A request by the City of Rapid City for a Rezoning from No Use District to Low Density Residential District on the east 948 feet of SE1/4 NW1/4 less Lot 1, Block 14, Big Sky Subdivision and less the eastern 38 feet of DeGeest Street right-of-way adjacent to Lot 1, Block 14, Big Sky Subdivision, and the south 480 feet of the SW1/4 NE1/4, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, less a parcel of land located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: Beginning at the Center of said Section 3; thence S89°57'49"W, 801.92 feet; thence N00°06'19"E 116 feet; thence N89°48"21"W 296 feet; thence N00°09'17"W, 327.49 feet to the southerly right-of-way line of future Homestead Street; thence N89°51'34"E along said southerly right-of-way line, 2063.32 feet; thence departing said southerly right-of-way line, S00°16'55"E, 448.47 feet; thence N89°58'32"W, 1152.40 feet to the Point of Beginning, located east of Elk Vale Road and north of Degeest Street.
90. No. 02RZ059 - Second Reading - A request by the City of Rapid City for a Rezoning from No Use District to Public District on the north 840 feet of the SW1/4 NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Degeest Street.
91. No. 02RZ060 - Second Reading - A request by the City of Rapid City for a Rezoning from No Use District to General Agriculture District on Lot B of SW1/4 SW1/4 and Lot A of SE1/4 SW1/4 of Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of SD Highway 79 South and north of Folsom Road.
92. No. 02RZ061 - A request by the City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District on Parcel 4A, 4B, and 4C on the "Plat showing; Tracts 4-B & 4-C, of Parcel #4; and Tracts 4-A, C and D; of the SE1/4 NW1/4 of Section 25, T2N, R7E, BHM, Pennington County, South Dakota", as shown in Plat Book 10 Page 21; and Parcel No. 5 as shown on the "Plat for Montana-Dakota Utilities Co., a corporation with principal offices at 831 Second Avenue South, Minneapolis 2, Minnesota, showing lands in Sections 25 and 26 of T2N, R7E, BHM, Pennington County, South Dakota, acquired by Warranty Deed from Oldfield and Butterfield, Grantors, of Rapid City, South Dakota", dated January 5, 1959; and Parcel No. 8 found in Right-of-Way Book 7 Page 173, dated January 26, 1959, described as "A tract or strip of land in the North Half of the North-west Quarter (N1/2 NW1/4) of Section 25, T2N, R7E, BHM in Pennington County, South Dakota; said strip of land being Fifty (50) feet wide, Twenty Five (25) feet on each side of the following described center-line, with both sides of the strip terminating at the South boundary of the NW1/4 NW1/4 of said Section 25: Beginning at the North Quarter corner of said Section 25, thence South along the quarter line a distance of 886.5 feet to the TRUE POINT OF BEGINNING, thence South 76 degrees 15 feet West a distance of 1846.9 feet to the East-West one-sixteenth line at a point 1794 feet West of the North-South one-quarter line, more generally described as being located north of US Interstate 90 and west of Haines Avenue.
93. No. 02RZ062 - A request by Williams and Associates for Black Hills Surgery Center, LLP to consider an application for a Rezoning from Medium Density Residential District to Office Commercial District on a portion of Lot 33 of Block 18 of Robbinsdale Addition No. 10 located in the SE1/4 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the southwesterly corner of Lot 33 of Block 18 of Robbinsdale Addition No. 10, common to the southeasterly corner of Lot 32 of Block 18 of Robbinsdale Addition No. 10, and the Point of Beginning; thence, first course: N26º33'43"W, along the westerly boundary of said Lot 33, common to the easterly boundary of said Lot 32, a distance of 107.95 feet, to a westerly corner of said Lot 33 common to a easterly corner of said Lot 32; thence, second course: N00º29'17"W, along the westerly boundary of said Lot 33, common to the easterly boundary of said Lot 32, a distance of 263.76 feet, to a westerly corner of said Lot 33, common to the northeasterly corner of said Lot 32; thence, third course: S08º00'00"E, a distance of 235.00 feet; thence, fourth course S33º07'00"E, a distance of 112.08 feet, to a point on the southerly boundary of said Lot 33, common the northerly edge of right-of-way of Anamaria Drive; thence fifth course: S53º27'20"W, along the southerly boundary of said Lot 33, common to the northerly edge of right-of-way of Anamaria Drive, a distance of 15.00 feet, to a point of curve; thence, sixth course: southwesterly, along the southerly boundary of said Lot 33, common the northerly edge of right-of-way of Anamaria Drive, curing to the left on a curve with a radius of 648.63 feet, a delta angle of 3º32'00", a length of 40.00 feet, a chord bearing S51º41'20"W, and a chord distance of 39.99 feet, to the southwesterly corner of said Lot 33, common to the southeasterly corner of said Lot 32, and the point of beginning, more generally described as being located along Anamaria Drive and west of 5th Street.
94. No. 02RZ063 - A request by Steven Jones for Beverly Healthcare Center to consider an application for a Rezoning from General Commercial District to Office Commercial District on Lot 2 of Lot X of Rehder Tract, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 916 Mountain View Road.
95. No. 02RZ064 - A request by Wyss Associates, Inc. for West Hills Village to consider an application for a Rezoning from Low Density Residential II District to Medium Density Residential District on property described by metes and bounds as commencing at the center of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota travel east 191.93 feet at a bearing of S0º16'9"W. This is the Point of Beginning. Travel 70.14 feet at a bearing of N53º57'56"E, then travel 610.46 feet bearing S32º50'54"E, then travel 357.11 feet bearing S89º42'48"W, then travel 20.78 feet bearing N00º47'26"E, then travel 449.16 feet along a 290.06 foot radius curve LHF chord bearing N43º33'22"W, then travel 100.63 feet along a 346.55 foot radius curve LHF chord bearing S83º48'10"W, then travel 73.36 feet bearing N16º07'22"W, then travel 72.57 feet bearing N22º14'07"E, then travel 124.89 feet bearing N73º55'47"E, then travel 20.56 feet bearing S45º40'57"E, then travel 176.43 feet bearing N44º49'35"E, then travel 139.91 feet bearing S36º02'59"E, to the Point of Beginning and Tract A and B of Minnesota Ridge Subdivision, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along Alta Vista Drive.
96. 02OA016 - Second Reading, Ordinance 3873, a request by the City of Rapid City to modify the parking regulations to comply with the Americans with Disabilities Act by amending Section 17.50.270 of the Rapid City Municipal Code
97. 02OA017 - Second Reading, Ordinance 3872, a request by the City of Rapid City to Define and Apply the terms “abut, adjacent, adjoin and contiguous” to the zoning and subdivision ordinances by adding Sections 17.04.013, 17.04.021, 17.04.022, and 17.04.163 to the Rapid City Municipal Code and by Amending Sections 17.38.080 (A) (6), 17.38.080 (B) (6), 17.50.180 (A), 17.50.300 (C), 16.20.030 (E), 16.20.050 (B) (1), 17.04.285, 17.04.755, 17.08.030 (H), 17.10.030 (H), 17.28.040 (C)(2)(d), 17.38.030 (I), 17.50.060 (A), 17.50.070 (A)(1)(b), 17.50.100 (A), 17.50.105 (A), 16.12.050, 16.28.040 (H), 17.04.075, 17.04.140, 17.04.335, 17.04.645, 17.30.040 (C) (1), 17.32.040 (C) (1), 17.50.290, 17.50.300 (B) (1) (b), 17.50.300 (E) (2)(b), 17.56.090 (D), 16.12.030 (E), 16.20.040 (O)(1), 17.18.080, 17.20.080, 17.36.080, 17.40.070, 17.30.070, 17.32.070, 17.24.040 (D) (2), 17.40.040 (B), 17.40.040 (C), and 17.50.110 (C) (3) of the Rapid City Municipal Code
Legal & Finance Committee Items
98. Set the first Tuesday in June as the date for the City election in 2003 and to direct staff to draft an ordinance to reflect this date.
99. LF103002-03 Direct staff to continue researching the proposed Recreation Board and come back with opinions and direction for moving forward.
100. Direct staff to draft a Resolution stating that City employees shall not be reprimanded or retaliated against for talking to Council members or the Mayor's office and bring it back for approval.
Public Works Committee Items
101. No. PW102902-08 - Direct staff to evaluate the intersection of Elm Avenue/St. Patrick Street for pedestrian safety and report their findings by spring.
102. Request Mayor to appoint a committee of Council members and staff to recommend a parks facilities sponsorship and naming rights policy.
Finance Officer
103. Approve the following licenses: Mechanical Installer: Chuck Madrigal; Residential Contractor: Black Hills Area Habitat for Humanity, Inc., Doug Prunty; Four Square Enterprize, Cynthia Brewbaker; Jadon Construction Company, Inc., Donnie Kirschenman; Kodiak Homes, Brian Sudrala; Security Business: Ace Security, Inc., Jack A. Werner
Bills
Police Department
Public Works Director
104. 2012 Project Update
City Attorney
Adjourn
ADDENDUM
Legal and Finance Committee Items
104. No. LF082802-07R(1) - Second Reading, Ordinance No. 3853, a request by the City of Rapid City to Amend Section 2.76.030 of Chapter 2.76 of the Rapid City Municipal Code Relating to the Removal of Members of the Ciciv Center Board.
Fire Department
105. CC110402-03 - Authorize Jo Tjaden, David Christie, Seth Purcella, TJ Nicolai, and Jon Baldwin to Attend HazCat (Hazardous Materials Course) Workshop on November 19, 2002, to November 22, 2002, in the Sum of $2,625
ADDENDUM NO. 2
Correct the Minutes of the October 16, 2002, Special Council meeting to set forth the District Resolution and also the Project Plan Resolution in their entirety.
