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

February 3, 2003

MINUTES – Amend the minutes of December 16, 2002 relative to Item No. LF121102-15 to indicate that Varion Systems is a Division of Geo Analytics; and Approve the minutes of January 14, January 17 and January 20, 2003.

BID OPENINGS

1.         No. CC020303-02 – Block 31-32 Alley Paving (Flormann/Sunnyside Addition) Project ST02-1233 (Opened on January 30, 2003)

2.         No. CC020303-02 – North LaCrosse/East Anamosa Intersection Improvements Project ST02-1189 (Opened on January 30, 2003)

3.         No. CC020303-02 – Canyon Lake Northshore Improvements Project PR02-1202 (Opened on January 30, 2003)

4.         No. CC020303-02 – Centennial Street Reconstruction Project ST03-919 and Texas Street Reconstruction Project ST03-1163 (Opened on January 30, 2003)

MAYOR’S ITEMS

ALDERPERSON ITEMS/LIAISON REPORTS

5.         Review and consideration of Consultant Selection Procedures for Public Works Projects – Hadley, Kriebel and Kooiker

6.         Economic Development Report - Rodriguez

SPECIAL ITEMS AND ITEMS FROM VISITORS

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings:

7.         Big D Oil Company dba Big D Oil Store No. 41, 1160 LaCrosse Street, for an Off-Sale Malt Beverage license transfer (from Cenex Petroleum Company)

8.         Big D Oil Company dba Big D Oil Store No. 42, 850 E. North Street, for an Off-Sale Malt Beverage license transfer (from Cenex Petroleum Company)

Set for Hearing (February 20, 2003)

9.         Dan T. Ly dba The Golden Fortune, 1204 E. North Street, for an On-Sale Wine License Renewal (No Video Lottery)

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.

Set for Hearing (None)

Public Works Committee Items

10.       No. PW012803-04 – Authorize staff to advertise for bids for One (1) New Current Model Year Cargo Van for Engineering Division.

11.       No. PW012803-05 – Authorize staff to advertise for bids for One (1) New Current Model Year ¾ Ton Suburban for Engineering Division.

12.       No. PW012803-25 – Approve the purchase of one (1) new current model ¾ Ton 4x4 cab and chassis truck from Lamb Chevrolet of Onida under State Contract No. 13769 in the amount of $17,879 for the Parks Division.

13.       No. PW012803-06 – Authorize staff to advertise for bids for Two (2) New Current Model Year Sander Plow Trucks for Street Division.

14.       No. PW012803-07 – Authorize staff to advertise for bids for Komatzu Dozer Undercarriage Rebuilding for Solid Waste Operations Division.

15.       No. PW012803-08 – Authorize staff to advertise for bids for New Cold Water Meters and AMR Products for Water Division.

16.       No. PW012803-09 – Authorize staff to advertise for bids for SSW02-1106, Omaha Street Utilities Project – 12th Street to East Boulevard.

17.       No. PW012803-10 – Authorize staff to advertise for bids for ST02-1240, Downtown Alley Resurfacing Project.

18.       No. PW012803-11 – Authorize staff to advertise for bids for SS03-1253, Lange Road Sanitary Sewer Project.

19.       No. PW012803-12 – Authorize Mayor and Finance Officer to sign Dakota Business Center Preventive Maintenance Agreement for Sharp ARM350U copier at a cost of $0.0078 per copy for the Parks Division.

20.       No. PW012803-14 – Authorize Mayor and Finance Officer to sign Bill of Sale with Rapid Canyon Sanitary District for the sanitary sewer line located on Lot 2 of Block 3 of Nielsen Subdivision located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4 of Section 18, T1N, R7E of the BHM, Pennington County, South Dakota.

21.       No. PW012803-15 – Authorize Mayor and Finance Officer to sign South Dakota School of Mines & Technology Modification No. 02 Research Agreement No. SDSM&T-CRC99-11 – Wonderland Basin BMP Demonstration Project to change completion date to September 30, 2003.

22.       No. PW012803-16 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement with FMG, Inc. to Design W01-1084, East St. Louis and Waterloo Watermain Reconstruction Project for an amount not to exceed $16,050, plus reimbursable expenses.

23.       No. PW012803-17 – Authorize Mayor and Finance Officer to sign Professional Service Agreement with Wyss Associates to Design PR03-1287, Memorial Park and Omaha Corridor Irrigation and Landscaping Project for an amount not to exceed $17,802, plus reimbursable expenses.

24.       No. PW012803-18 – Authorize Mayor and Finance Officer to sign Professional Service Agreement with FMG, Inc. for Computer modeling of W03-1288 Water System Expansion – East Rapid City for an amount not to exceed $11,480 plus reimbursable expenses.

25.       Direct staff to bring forward a dollar amount on what it might cost to provide services to future growth areas of the City and place this item on an agenda for a special meeting to be held on Tuesday, March 4, 2003 at 7:00 P.M.

26.       No. PW012803-19 – Authorize Mayor and Finance Officer to sign Agreement with Doyle D. Estes and Kathryn O. Johnson for right-of-way and drainage easement in Big Sky Subdivision.

27.       No. PW012803-20 –  Direct the City engineer to comply with the sight-triangle ordinance by removing the appropriate amount of on-street parking on both the north and south sides of Clark Street; execute an affidavit upon the completion of the parking changes; and set the traffic management issue on the February 11, 2003 Public Works Committee agenda.

28.       No. PW012803-21 – Approve the purchase of three (3) new current model compact pickup trucks from Sioux Falls Ford, Inc. of Sioux Falls under State Contract No. 13772 in the amount of $14,112 each for a total cost of $42,336.

29.       No. PW012803-22 – Approve the purchase of one (1) new current model year vacuum street sweeper from Sheehan Mack Sales & Equipment of Rapid City under City Contract dated May 20, 2002 in the amount of $162,514 for the Street Division.

30.       No. PW012803-23 - Approve the purchase of one (1) new current model Chevrolet K2500 ¾ ton 4x4 regular cab long box truck from Lamb Chevrolet of Onida under State Contract No. 13769 in the amount of $18,578 for the Water Division.

31.       No. PW012803-24 – Approve the purchase of one (1) new current model Chevrolet K1500 ½ ton 4x4 extended cab long box truck from Lamb Chevrolet of Onida under State Contract No. 13769 in the amount of $18,108 for the Water Division.

32.       Approve the request by Bobbie Greenway, 3204 Falls Drive to waive the requirement for “no parking” signs on Falls Drive.

33.       Direct staff to bring forward a policy change relating to sewer backups, stating that the dollar amount per square footage for cleanup shall be up to, but not exceeding Three Dollars; and include that it will be for the actual cost up to a maximum of $3.00 per square foot; and make it retroactive to December 1, 2002.

34.       Authorize up to $100,000 for lighting fixtures for the proposed Omaha Street widening project and bid alternates for the cobra and the proposed lighting fixture, and poles painted and unpainted; and authorize the Mayor and Finance Officer to sign PW012803-26 South Dakota Department of Transportation Financial, Letting, Maintenance/ Encroachment Agreement for P 0016(57)69 PCEMS 3864, P 0044(125)44 PCEMS 4757 and BRF I90-2(01)0 PCEMS 6561 Omaha Street Reconstruction Project.

Legal & Finance Committee

35.       No. LF012903-01 - Authorize Mayor and Finance Officer to sign Agreement with Ryan T. Olson for leg restraints.

36.      Authorize staff to accept Hazardous Materials Equipment Grant Funds from WMD, Department of Justice, in the amount of $90,000.

37.       No. LF012903-02 - Authorize expenditure of up to $6,000 from Council Contingency for an Audio Video Surveillance System in the C/SAC Building (this is a City/School Project with a 60-40 Split of the Cost).

38.       No. CC020303-07 - Approve Resolution Declaring Property Surplus.

39.       No. LF012903-17 - Approve Resolution Amending the Plan for Projects and Programs to be Funded from the Rapid City Economic Development and Civic Improvements Fund.

40.       No. LF012903-05 - Approve request from Ken Gray, dba Goofy Moose Ice Cream, to renew ice cream vending license for 2003 season.

41.       No. LF012903-09 - Approve Resolution to Establish Policy on Plumbing in Oversized Detached Garages.

42.       No. CC020303-04 - Approve Resolution regarding supplemental tap fees for connection to the water utility in certain areas.

43.       No. CC020303-05 - Approve Resolution regarding supplemental tap fees for connection to the wastewater utility in certain areas.

44.       No. LF012903-06 - Approve the following abatements:  Bankers Trust Company, 2002, $491.26; Biernbaum & Co., Inc., 2002, $140.90; Timothy A. Brightman, 2002, $1.62; Timothy A. Brightman, 2002, $659.24; Lyda M. Busse, 2002, $1,001.66; Dan's Supermarket, 2002, $100.78; Double E LLC, 2002, $18.04; Doyle D. Estes/Johnson, 2002, $109.24; First Western Bank, 2002, $37.74; First Western Bank, 2002, $317.94; Ray T. Flack/Pioneer Invest., 2002, $1.16; Donald W. Gorman, 2002, $340.34; Dennis A. Klug, 2002, $518.98; Merillat Corp., 2002, $59.20; Montana Dakota Utilities, 2002, $414.08; Ardythe F. Peterson Living Trust, 2002, $2.58; Rapid City Economic Dev., 2002, $542.78; Silverado, Inc., 2002, $934.02; West River Electric, 2002, $277.36; Dennis Zandstra, 2002, $548.04.

45.       No. LF012903-07 - Approve the attached list of licenses.

46.       No. LF012903-18 – Refer the request from the Allied Arts Fund Drive for additional funding in the amount of $14,678 to the Subsidy Committee for review and recommendation.

47.       Direct the City Attorney's office to coordinate a list of questions and answers regarding the proposed airport annexation and mail it out to the affected residents.

48.       No. LF012903-11 - Confirm the recommendation made by the Naming Rights Committee regarding the girls' softball complex.

49.       No. LF012903-12 - Approve Travel Request for Mayor Munson, Ron Kroeger, Martha Rodriguez, and Tom Johnson to Attend National League of Cities - Congressional City Conference in Washington, DC from March 6-11, 2003, in the Amount of $7,977.

50.      Approve appointment of Dr. Phyllis Dixon (one year term ending 12/31/03), Eric Abrahamson (three year term ending 12/31/05), and Bobbie Christenson (three year term ending 12/31/05) to the Library Board.

51.      Approve appointment of Gary Brown and Karen Waltman to a three year term on the Rushmore Plaza Civic Center Board of Directors (term to expire January 2006).

Raffle

52.       No. CC020303-01 – Notification from West River Chapter of Fellowship of Christian Cowboys to conduct a raffle from February through October, 2003.

End of Consent Calendar

PUBLIC HEARINGS

53.       Proposed Lease with Friendship House, Inc. for property located at 211 West Boulevard North

54.       No. CC020303-03 – Resolution of Necessity for Block 16 Alley Paving (Wise Addition) Project ST03-1278

PLANNING DEPARTMENT CONSENT ITEMS

55.       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.

56.       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.

57.       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.

58.       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 ROW 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.

59.       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.

60.       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.

61.       No. 02PL095 - A request by Doug Sperlich for 16 Plus, LLC for a Preliminary and Final Plat on Lot 3, Moon Ridge Subdivision, located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 and Tract 2 of Pioneer Subdivision, located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of U.S. Highway 16 and Moon Meadows Road.

62.       No. 02PL100 - A request by Thomas A. Casey for a Layout Plat on Revised Lot 5A and Revised Lot 23, Laurel Heights Subdivision, Section 26, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 5A and Lot 23 less Lot A, Laurel Heights Subdivision, Section 26, T2N, R7E, BHM, Pennington County, South Dakota, located at 1249 Pine Cone Lane.

63.       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.

64.       No. 02PL110 - A request by Dream Design International, Inc. for a Final Plat on Lots 2 thru 13 and Lots 16 thru 24, Block 8 of Northbrook Village Subdivision, located in the SE1/4 SE1/4 of Section 13, T2N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted portion of the SE1/4 SE1/4 of Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located northwest of the intersection of Country Road and Nike Road.

65.       No. 02PL113 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 4 of Block 1; Lots 1 thru 6 of Block 2; Lots 1 thru 3 of Block 3; Lots 1 thru 7 of Block 4; Lots 1 thru 3 of Block 5, Lots 1 thru 5 of Block 6 and Outlot A; Stoney Creek South Subdivision, located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the S1/2 NW1/4 SW1/4 less Lots H1 and H2; and the unplatted balance the N1/2 NW1/4 SW1/4 located south of Catron Boulevard, all located in Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Catron Boulevard and Sheridan Lake Road.

66.       No. 02PL114 - A request by Dream Design International Inc. for a Preliminary and Final Plat on Lots 7 thru 10, Block 14 and Outlot LS and dedicated streets of Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates and less right-of-way located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Birkdale Road off Muirfield Drive.

67.       No. 02PL115 - A request by Ferber Engineering Company for a Preliminary and Final Plat on Lots 7R and 8R of the Flannery Subdivision No. 2 located in the NW1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 7, 8 and 9 of the Flannery Subdivision No. 2 located in the NW1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Ireland Place and Dublin Court.

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

69.       No. 02PL119 - A request by Kevin Conway for Norman or Rod McKie for a Preliminary and Final Plat on Lots 1 and 2 of Five Star Subdivision and dedicated public right-of-way shown as Disk Drive located in the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 8 of Lot M1 of the S1/2 NW1/4, Lots A and B of Lot 1 of Lot M1 of the S1/2 NW1/4, Tract 4-B of Parcel 4 of SE1/4 NW1/4, and a portion of vacated Howard Street right-of-way located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Interstate 90.

70.       No. 02PL122 - A request by Dennis Dressen for a Layout Plat on Lot 2A and Lot 2B, Block 1, Irene Estes Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2, Block 1, Irene Estes Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 6015 Nameless Cave Road.

71.       No. 02PL123 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 7, Block 2; Lots 1 thru 3, Block 3; and dedicated streets, all located in Tower Ridge 2 Subdivision, Section 23, T1N, R7E, BHM, Pennington Count, South Dakota, legally described as the unplatted portion of the SW1/4 of SW1/4 and a portion of SE1/4 of SW1/4, NW1/4 of SW1/4, and NE1/4 of SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Highway 16 and 1/4 mile north of Catron Boulevard.

72.       No. 02PL125 - A request by Renner & Sperlich Engineering for Dennis Zandstra for a Layout, Preliminary and Final Plat on Lots 6R, 7R, 8R, 9 and 10 of Block 10 of Elks Country Estates,  located in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 6, 7 and 8 of Block 10 of Elks Country Estates, and a portion of Tract 1 of the E1/2 of Section 16 located in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Willowbend Road between Winged Foot Court and Padre Drive.

73.       No. 02PL126 - A request by Renner & Sperlich for Dean Kelly for a Layout Plat on Lots B thru E of Lot 6 of Miracle Pines Subdivision located in the NW1/4 Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot 6 of Miracle Pines Subdivision located in the NW1/4 Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3960 Corral Drive.

74.       No. 02PL127 - A request by Precision Surveying for Bill Marx for a Layout Plat on Lots A and B in Block B of Canyon Lake Heights Subdivision, located in the NW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 and the north 40 feet of Lot 3 in Block B of Canyon Lake Heights Subdivision, located in the NW1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 4730 Cliff Drive.

75.       No. 02PL128 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 12 and Outlots 1 thru 4 of Heartland Retail Center located in the S1/2 of SW1/4 of Section 27, T2N, R8E and the N1/2 of the NW1/4 of Section 34, T2N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of the S1/2 of Section 27, T2N, R8E and a portion of the N1/2 of Section 34, T2N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Eglin Street and Elk Vale Road.

76.       No. 03PL001 - A request by Dream Design International for a Preliminary and Final Plat on Lots A, B, and C, Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4 Section 8 and the SW1/4 of Section 9; all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3, Block 15, of Canyon Lake Heights Subdivision located in the SE1/4 SE1/4 Section 8 and the SW1/4 of Section 9; all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Cliff Drive and Miracle Place.

END OF PLANNING CONSENT CALENDAR

77.       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 Subdivision, 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.

78.       No. 02PL070 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lot 2 Block 7, Lots 8 through 16 Block 8, and Lots 1 through 7 Block 9, Lot 1 Block 10, 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.

79.       No. 02PL107 - A request by Williams and Associates for Black Hills Surgery Center, LLP for a Layout, Preliminary and Final Plat on Lot 6R, Lot 32R, and Lot 33R of Block 18 of Robbinsdale Addition No. 10 located in the S1/2 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6, Lot 32 and Lot 33 of Block 18 of Robbinsdale Addition No. 10 located in the S1/2 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of 5th Street along Anamaria Drive.

PLANNING DEPARTMENT - HEARINGS

80.       No. 02PD042 - An Appeal of the Planning Commission's approval of a Major Amendment to a Planned Residential Development to reduce the boundary of the Planned Residential Development on a portion of Tract A of Robbinsdale Addition No. 10 and a portion of Tract B of Robbinsdale Addition No. 10 located in SW1/4 of NE1/4 of SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described by metes and bounds as commencing at the northwesterly corner of Lot 1 of Block 26 of Robbinsdale No. 10, common to the southerly right-of-way of Minnesota Street, and the point of beginning, thence, first course: S00º38'52"W, along the westerly boundary of said Lot 1 of Block 26, common to the easterly boundary of Tract A of Robbinsdale Addition No. 10, a distance of 203.04 feet, to the southwesterly corner of said Lot 1 of Block 26, common to the northwesterly corner of Lot 2 of Block 26 of Robbinsdale No. 10, and the easterly boundary of said Tract A; thence, second course: S00º38'52"W, along the westerly boundary of said Lot 2 of Block 26, common to the easterly boundary of said Tract A, a distance of 227.41 feet, to the southwesterly corner of said Lot 2 of Block 26, common to the southeasterly corner of said Tract A; thence, third course: S89º40'37"W, along the southerly boundary of said Tract A, common to the boundary of Lot 2 of Block 11 of Robbinsdale No. 10, a distance of 453.13 feet, to a corner of said Tract A, common to a corner of said Lot 2 of Block 11, and a point on the easterly boundary of Tract B of Robbinsdale No. 10; thence, fourth course: S64º33'00"W, parallel with the southerly right-of-way of Minnesota Street, a distance of 312.04 feet; thence, fifth course: N28º45'23"W, a distance of 229.34 feet, to a point on the southerly right-of-way of Minnesota Street; thence, sixth course: N64º33'00'E, along the southerly right-of-way of Minnesota Street, a distance of 672.09 feet; thence, seventh course: northeasterly, curving to the right on a curve with a radius of 935.36 feet, a delta angle of 15º40'46", a length of 255.97 feet, a chord bearing on N72º23'23"E, and a chord distance of 255.17 feet, to the Point of Beginning, located on Minnesota Street.

81.       No. 02SV042 - A request by Dream Design International Inc. for a Variance to the Subdivision Regulations to waive the requirements to install sidewalks and curb and gutter as per Section 16.16 of the Subdivision Regulations on a parcel of land located in the W1/2 NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described by metes and bounds as: Beginning at the northwest corner of Lot 6, Block 14 of Red Rock Estates as recorded in the Pennington County Register off Deeds Office in Book 30, Page 155; thence N03º44'30"W 140.25 feet; thence N08º38'28"E 143.92 Feet; thence N11º40'26"E 155.33 Feet; thence N21º22'17"E 120.00 Feet; thence S68º37'43"E 160.00 feet; thence N21º22'17"E 632.95 feet; thence N68º45'17"W 12.50 feet; thence N21º22'17"E 24.00 feet; thence S68º45'17"E 8.37 feet; thence N21º22'31"E 32.50 feet; thence S68º45'17"E 20.00 feet; thence S21º22'31"W 32.50 feet; thence S68º45'17"E 45.63 feet; thence S21º22'17"W 24.00 feet; thence N68º45'17"W 12.50 feet; thence S21º22'17"W 124.33 feet; thence N90º00'00"E 96.61 feet; Thence S00º00'00"E 116.52 feet; thence S90º00'00"W 142.20 feet; thence S21º22'17"W 129.24 feet; thence S23º37'43"E 14.14 feet; thence S68º37'43"E 30.17 feet; thence S21º22'17"W 40.00 feet; thence N68º37'43"W 30.17 feet; thence S66º22'17"W 14.14 feet; thence S21º22'17"W 314.36 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius 125.50 feet and whose delta is 12º43'49", an arc length of 27.88 feet to a point tangency; thence S08º38'28"W 175.86 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius 125.50 feet and whose delta is 34º44'55", an arc length of 76.11 feet to a point of reversed curvature; thence southerly along the arc of said reversed curve to the right whose radius 174.50 feet and whose delta is 31º36'04", an arc length of 96.24 feet to a point of tangency; thence S05º29'36"W 86.04 feet; thence S41º39'58"E 13.64 feet to a point lying on a curve concave to the south and whose chord bears N84º30'24"W, 69.00 feet; thence westerly along the arc of said curve to the left whose radius 438.00 feet and whose delta is 09º02'07", an arc length of 69.07 feet to a point on said curve; thence N48º34'56"E 14.64 feet; thence N05º29'36"E 84.62 feet to a point of curvature; thence northerly along the arc of said curve to the left whose radius 125.50 feet and whose delta is 11º47'37", an arc length of 25.83 feet to a point on said curve; thence S83º41'59"W 185.45 feet to the Point of Beginning, legally described as the unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates and less right-of-way located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Birkdale Road off Muirfield Drive.

82.       No. 02SV044 - A request by Doug Sperlich for 16 Plus, LLP for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water and paving and to dedicate right of way for the collector road as shown on the Major Street Plan, to waive the requirement to install curb, gutter, sidewalks and street light conduit on U.S. Highway 16 and to waive the requirement to install sidewalk and street light conduit on Moon Meadows Drive as per Section 16.16 of the Rapid City Municipal Code on Lots 2 thru 4, Moon Ridge Subdivision, located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 and Tract 2 of Pioneer Subdivision, located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of U.S. Highway 16 and Moon Meadows Road.

83.       No. 02SV049 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalks and water on Elk Vale Road on a portion of the SW1/4 NW1/4 and the S1/2 of Government Lot 4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Homestead Street and Elk Vale Road.

84.       No. 03SV001 - A request by Dream Design International for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalks and water along Cliff Drive and Miracle Place as per Chapter 16.16 of the Subdivision Regulations on Lots A, B, and C, Canyon Lake Heights Subdivision, located in the SE1/4 SE1/4 Section 8 and the SW1/4 of Section 9; all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3, Block 15, of Canyon Lake Heights Subdivision located in the SE1/4 SE1/4 Section 8 and the SW1/4 of Section 9; all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Cliff Drive and Miracle Place.

ORDINANCES & RESOLUTIONS

85.       No. 03CA001 - A request by Henriksen, Inc. for TREA Northgate Bingo for an Amendment to the Comprehensive Plan to change the future land use designation on a 2.0 acre parcel of land from Industrial to General Commercial on Tract A of SW1/4 NE1/4 and NW1/4 SE1/4 located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1981 East Centre Street.

86.       No. 02VR005 - A request by Doug Sperlich for Jeff Stone for a Vacation of Right-of-Way 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.

87.       No. 02RZ065 – Second Reading, Ordinance 3884, a request by Dream Design International Inc. for a Rezoning from General Agriculture District to Low Density Residential District on a parcel of land located in the W1/2 NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; being more particularly described by metes and bounds as follows: Beginning at the northwest corner of Lot 6, Block 14 of Red Rock Estates as recorded in the Pennington County Register of Deeds Office in Book 30, Page 155; Thence N03º44'30"W 140.25 feet; thence N08º38'28"E 143.92 feet; thence N11º40'26"E 155.33 feet; thence N21º22'17"E 120.00 feet; thence S68º37'43"E 160.00 feet; thence S21º22'17"W 120.00 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius is 174.50 feet and whose delta is 12º43'49", an arc length of 38.77 feet to a point of tangency; thence S08º38'28"W 175.86 feet to a point of curvature; thence southerly along the arc of said curve to the left whose radius is 174.50 feet and whose delta is 34º44'55", and arc length of 105.83 feet to a point of reversed curvature; thence southerly along the arc of said curve to the right whose radius is 125.50 feet and whose delta is 19º48'27", an arc length of 43.39 feet to a point on said curve; thence S83º41'59"W 185.45 feet to the Point Of Beginning; in the SE1/4 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Birkdale Road off Muirfield Drive.

88.       No. CC010603-03R(1) – Second Reading, Ordinance 3901, entitled An Ordinance Amending Section 12.20.030 of Chapter 12.20 of the Rapid City Municipal Code Relating to Structures in the Right-of-Way.

89.       No. LF011503-15 – Second Reading, Ordinance 3902, Reclassifying the Department of Golf as the Division of Golf within the Recreation Department by Amending Sections 2.86.010, 2.86.020, and 2.48.080 of the Rapid City Municipal Code.

90.       No. 03RZ001 - Second Reading, Ordinance 3903, a request by Henriksen, Inc. for TREA Northgate Bingo for a Rezoning from Light Industrial District to General Commercial District on Tract A of SW1/4 NE1/4 and NW1/4 SE1/4 located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1981 East Centre Street.

91.       No. 03RZ002 - Second Reading, Ordinance 3904, a request by Pine Lawn Memorial Park, Inc. for a Rezoning from General Agriculture District to General Commercial District on Lot B of "Lots A & B, Section 14, T1N, R7E", less Lot H1-E2SW414-1-7 and less Lot H1-Lot B SW414-1-7, all located in the SW1/4 of Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4301 Tower Road.

92.       No. CC012003-06 – Second Reading, Ordinance 3905, Supplemental Appropriation No. 3 for 2003

93.       No. CC012003-07 - Second Reading, Ordinance 3906, entitled An Ordinance To Establish the Division of Parks Within the Department of Public Works as the Unit Responsible for Operation of Public Parks and Cemeteries by Amending Section 2.48.090 of the Rapid City Municipal Code and by Repealing Chapter 2.44 of the Rapid City Municipal Code

94.       No. LF012903-14 - First Reading, Ordinance 3907 entitled An Ordinance Amending Section 9.28.050 of Chapter 9.28 of the Rapid City Municipal Code to Allow Discharge of Firearms in the General Agricultural Zoning District.

95.       No. LF012903-15 - First Reading, Ordinance 3908, entitled An Ordinance Amending Section 15.40.090 of Chapter 15.40 of the Rapid City Municipal Code to Allow Electrified Fences in the General Agricultural Zoning District.

96.       No. 03RZ003 – First Reading, Ordinance 3911, a request by J. Scull Construction Service for Jim Scull, Jr. for a Rezoning from Medium Density Residential District and Office Commercial District to General Commercial District on Lot 10A, Block 1, Owen Mann Subdivision; and Lots 12 thru 16 less Lot H-2 and H-3, Block 1, Owen Mann Subdivision, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Federal Avenue along Kinney Avenue.

LEGAL & FINANCE COMMITTEE ITEMS

97.       No. LF012903-03 - Authorize the Mayor and Finance Officer to sign an Agreement with Enck Resources for training to be conducted on March 5, 2003, in an amount not to exceed $2,500.

98.       No. LF012903-13 - Herman Jones - Request for a Variance from the Sign Code to place lights on a billboard located at 4110 Highway 16 West.

99.       No. LF011503-19 - Authorize Mayor and Finance Officer to sign Agreement between City of Rapid City and Lazy P-6 Land Company.

100.    No. 02SR013 - Review of the Planning Commission's Action on an 11-6-19 SDCL Review to Construct a Street Within a Section Line Highway Requested by Centerline, Inc. for Lazy P-6 Properties

PUBLIC WORKS COMMITTEE ITEMS

101.    No. PW012803-02 – Approve Change Order No. 02 for WRF01-1132, Water Reclamation Facility Improvements – Administration Building Project to Scull Construction Services, Inc. for an increase of $22,369; contingent upon approval of the South Dakota Department of Environment and Natural Resources.

102.    No. PW012803-03 – Approve Change Order No. 02 for SWO02-1168, Co-compost Facility Construction Project to RCS Construction, Inc. for an increase of $33,140; contingent upon approval of the South Dakota Department of Environment and Natural Resources.

103.    No. PW012803-13 – Authorize Mayor and Finance Officer to sign Resolution of Vacation of Easement on Lot 2, Block 3 of Nielsen Subdivision located in the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4 of Section 18, T1N, R7E of the BHM, Pennington County, South Dakota.

104.    Authorize Mayor and Finance Officer to sign an Easement with Montana Dakota Utilities for a gas main right-of-way through Founders Park.

105.    Direct the Council president to appoint a committee of three Council members to review the alignment for utilities along Catron Boulevard. (Council President Kroeger appointed Dreyer, Johnson and himself to the Committee.)

FINANCE OFFICER

BILLS

POLICE DEPARTMENT

PUBLIC WORKS DIRECTOR

CITY ATTORNEY

106.    No. CC020303-06 - Amendment to Lease Agreement with Safety Plaza relative to ambulance service.

107.    No. CC020303-08 – First Reading, Ordinance 3910, entitled An Ordinance Amending Chapter 5.16 of the Rapid City Municipal Code Relating to Ambulance Services by Amending Sections 5.16.020, 5.16.030, 5.16.040, 5.16.050, 5.16.060, 5.16.100, 5.16.190, and Deleting Sections 5.16.070, 5.16.080, 5.16.130, 5.16.140, 5.16.150, 5.16.160, 5.16.170, 5.16.200, 5.16.210, 5.16.220, 5.16.230, 5.16.240 and 5.16.250 Concerning Licensing Requirements and Standards for Ambulances.

DEVELOPMENT APPEALS AND REVIEW BOARD

ADDENDUM

108.    Acceptance of Highway Lot from Legacy Land Company - Hani Shafai (H-1 Lot located in MJK Subdivision, NW1/4 SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota)

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