City of Rapid City

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

August 5, 2002

MINUTES – Approve the minutes of July 15, 2002.

BID OPENINGS

1. No. CC080502-01 – One New Current Model Year Utility Vehicle with Dump Box for the Cemetery (Opened on August 1, 2002)

MAYOR’S ITEMS

2. No. LF073102-12 - Approve Appointment of Scott Nash as Ward Two Representative on Planning Commission

3. No. LF073102-13 - Approve Appointment of Steve Doshier, Craig Grotenhouse, Pat Pummel, Martin Busch, Larry Stoner, Joel Jundt, Kim Osberg, Tom Johnson, Martha Rodriguez, Rod Johnson, Trish Anderson, and Lon VanDeusen to the Omaha Street Landscaping Task Force

ALDERPERSON ITEMS/LIAISON REPORTS

4. Return of Committee Meetings to Two-Day Schedule – Mel Dreyer

SPECIAL ITEMS AND ITEMS FROM VISITORS

5. Jerry Mitzel – Submittal of petitions relative to development on Miracle Place/Cliff Drive

6. No. LF073102-14 - Red Cross Request for Funding

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings:

7. Hotel Management Company, Inc. dba Hotel Alex Johnson, 523 Sixth Street, for an On-Sale Liquor License Transfer (to include area known as Jefferson Bar)

Set for Hearing (August 19, 2002)

8.         I-90 Fuel Services, Inc. dba Windmill Truck Stop, 2783 Deadwood Avenue, for an On-Off Sale Malt Beverage License Transfer (from Howe’s Oil Company, Inc.)

9.         Chrisbro, LLC dba The Hampton Inn, 1720 Rapp Street, for an On-Off Sale Malt Beverage License (New License – No Video Lottery)

10.       Chrisbro, LLC dba The Hampton Inn, 1720 Rapp Street, for an On-Sale Wine License (New License – 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 (August 19, 2002)

11. No. 02PD019 - A request by Dream Design International, Inc. for a Revocation of a portion of an area designated as a Planned Development Designation on property described by metes and bounds as commencing at the Southeast corner of the Aladdin Heights subdivision; thence North 00º00'32" East a distance of 141.54 feet along the East line of the Aladdin Heights Subdivision to the Point of Beginning; continuing at the Point of Beginning; thence North 00º00'32" East a distance of 196.48 feet along the East line of the Aladdin Heights Subdivision; thence South 71º06'54" East a distance of 159.73 feet; thence South 46º14'08" West a distance of 209.31 feet; returning to the Point of Beginning, located east of Highway 16 and 1/4 mile north of Catron Blvd.

Public Works Committee Items

12. No. PW073102-01 – Approve Change Order No. 01 for WRF01-1132, Water Reclamation Facility Improvements – Administration Building Project to Scull Construction Service, Inc. for a decrease of $1,429; contingent upon review and approval of South Dakota Department of Environment and Natural Resources.

13. No. PW073102-02 - Approve Change Order No. 01F for W02-1169, Water Metering and Backflow Prevention of Irrigation Systems Project to Hills Materials Company for an increase of $4,082.27.

14. No. PW073102-03 – Authorize staff to advertise for bids for MIP02-1153, Miscellaneous Improvements Project.

15. No. PW073102-04 - Authorize staff to advertise for bids for SS02-1227, Block 94 Sanitary Sewer Reconstruction Project.

16. No. PW073102-05 – Authorize the Mayor and Finance Officer to sign a South Dakota Department of Transportation Maintenance and Financial Agreement for PH 90-2(00)61 PCEM 558M - Traffic Signals and Roadway Lighting at I90 Exit 61 ramps and SD 437 (Elk Vale Road).

17. No. PW073102-06 - Authorize the Mayor and Finance Officer to sign a Black Hills Power, Inc. Right-Of-Way Permit – UG Corporation Agreement for Fire Station No. 6 Electrical Service.

18. No. PW073102-08 - Authorize the Mayor and Finance Officer to sign an Agreement with Quality Flow Systems, Inc. to Upgrade Radio Telemetry in the amount of $127,600.

19. No. PW073102-10 - Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with FMG, Inc. for Geotechnical Drilling and Lab Testing for WRF02-1195, Water Reclamation Facility Waterline Installation Project for an amount not to exceed $4,488.25; contingent upon review and approval of South Dakota Department of Environment and Natural Resources.

20. No. PW073102-11 - Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with TSP Three, Inc. to Design SS02-1227, Block 94 Sanitary Sewer Reconstruction Project for an amount not to exceed $5,745.

21. No. PW073102-12 – Approve an Initial Resolution Setting Time and Place for Hearing on September 2, 2002 for ST02-1214, Block 11 (South Park Addition) Alley Paving Project.

22. No. PW073102-13 – Approve an Agreement with Gail Miller, 907 N. Madison for Drainage Right-Of-Way in the Knollwood Drainage Basin and authorize issuance of a Treasure’s Check in the amount of $12,000.

23. No. PW073102-14 – Approve a Request to appropriate $4,875.89 for installation of magnetic hold opens at doors for Rapid City Community Centers at South and West Middle Schools Project.

24. Authorize staff to solicit proposals from nonprofit organizations for assembly and distribution of new Automated Solid Waste Collection Containers.

25. No. 02RD004 – Approve with stipulations a Resolution renaming Smith Avenue to Merlot Drive for petitioner CETEC Engineering for Park Hill Development, Inc. on the unplatted balance of the S1/2 of the NE1/4 and the NE1/4 of the SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in Park Meadows Subdivision.

26. No. 02VE007 – Approve with stipulations a Vacation of Utility and Minor Drainage Easements for petitioner Aloysius Holzer, Jr. on Lot 11, Block 12, Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 3154 Bonita Lane.

27. No. 02VE008 – Approve with stipulations a Vacation of Drainage Easement for petitioner Ivan Kundel on Lot 12 of Block 6 of Scenic Valley Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 5256 Basswood Drive.

28. No. PW073102-15 – Approve Northdale Sanitary District request to annex Lots A and B, Fuss Subdivision with a $750 hookup fee.

29. Direct that the Planning section of the Council Agenda reflect the individual votes, and also that the Mayor and Council be provided a summary of the decisions made by the Planning Commission under Ordinance 3771 within 48 hours of the decision.

Legal & Finance Committee

30. No. LF073102-01 - Approve Event Permit for Red Ribbon Committee to hold parade on October 12, 2002.

31. Authorize staff to apply for a grant award for the 2002 Local Law Enforcement Block Grant in the sum of $122,560 (required match of $13,618).

32. Authorize staff to apply for a grant in the sum of $5,000 for check points for under age drinking (no matching funds required).

33. No. LF073102-02 - Authorize Mayor and Finance Officer to sign Medical Director Agreement.

34. No. LF073102-03 - Approve Travel Request for David Christie to attend "Highway Emergency Response Specialist" classes at the Emergency Response Training Center in Pueblo, CO, from September 9-13, 2002, in the sum of $1,790.

35. No. LF073102-04 - Approve Travel request for Jimmy Massey and Shawn Barrows to attend classes for Intermediate SAFT/Recert.-20 Hours (ARFF) in Helena, MT, September 23-25, 2002, in the sum of $1,919.92.

36. No. 02TP004 - Authorize staff to advertise the Eglin Street Corridor Study Request for Proposals.

37. Authorize Mayor and Finance Officer to sign Contract with Midcontinent Communications for music services and advertising space at the Ice Arena.

38. No. LF073102-06 - Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup.

39. No. LF073102-07 - Approve Resolution Declaring Property Surplus.

40. No. LF073102-17 - Acknowledge the written protest to proposed assessment for Pine Street Reconstruction.

41. No. LF073102-08 - Approve Resolution to Apply for an On-Sale Wine License for Meadowbrook Golf Course.

42. No. LF073102-15 - Approve Resolution Amending the Resolution Approving the Agreement between the City of Rapid City, Local 1031, Council 59, American Federation of State, County and Municipal Employees, AFL-CIO, Library.

43. Approve the following licenses: Central Station Service: Central Station, Inc., Don H. Minyard; Mechanical Apprentice: Derek Jenkins; Plumber: Don Sheffield; Residential Contractor: Avvampato Construction Company, Joseph and Kelly Avvampato; Pulis Construction, Trent Pulis & Todd Pulis; Second Hand: Treasure Chest, Shawna Maxfield; Sign Contractor: Epcon Sign Company, Mark Lynde; Sewer and Water Journeyman Installer: Brandon Hemenway; Trenching Journeyman: Derek W. Edgecomb, Paul Kreun.

44. Direct staff to prepare an ordinance creating a Development Appeals and Review Board, and bring it back to the August 14, 2002 Legal & Finance Committee meeting for first reading consideration.

Raffle

45. No. CC080502-06 – Notification from Muscular Dystrophy Association to conduct a raffle the week of August 5 through August 10, 2002.

End of Consent Calendar

PUBLIC HEARINGS

46. No. CC080502-02 - Resolution of Necessity for Block 17 Alley Paving (Wise Addition) Project ST01-1142

47. No. CC080502-03 - Resolution Levying Assessment for 42nd Street Sanitary Sewer Extension Project SS01-1050

48. No. CC080502-04 – Resolution Of Necessity for Block 69 (Original Town) Alley Paving Project No. ST02-1167

49. No. CC080502-05 – Resolution of Necessity for Homestead/Timmons Road Construction Project No. ST02-1224

50. No. 02FV007 – Approve a Fence Height Exception for petitioner Dakota Deck and Fence for Jon Brue to allow a six-foot six inch high fence in the front yard setback on Lot 99 of Woodridge Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1124 Woodridge Drive.

51. No. 02FV008 – Approve with stipulations a Fence Height Exception for Craig Stump for Sheridan Lake Properties, LLC to allow a six foot fence in the front yard setback on Lot A Revised of Donhiser Addition; Lot B and the vacated Clower Lane of Donhiser Addition; and, Lot 1 of Lot J of Harter Addition all located in the NE1/4 of Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 740 Sheridan Lake Road.

PLANNING DEPARTMENT CONSENT ITEMS

52. No. 00PL127 - A request by Dream Design, Inc. for Doyle Estes for a Preliminary & Final Plat on Tract B of Neff's Subdivision No. 4 located in the unplatted portion of the S1/2 NW1/4 SW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Race Track Road and Elk Vale Road.

53. No. 01PL054 - A request by Dream Design, Inc. for Big Sky LLC for a Final Plat on Lots 1 and 2 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, BHM, 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.

54. 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, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Sydney Drive and SD Highway 79.

55. No. 01PL097 - A request by Dream Design International for a Preliminary and Final Plat on Tract A and dedicated streets, Big Sky Subdivision - Phase VII located in the SE1/4 NW1/4 and the NE1/4 NW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; excepting Lot 1, Block 13 and Lot 1, 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, also excepting Lots 1 and 2, Block 13 and Lots 2, 3, 4 and 5, Block 14 and dedicated public rights of way (Degeest St., Buddy Ct. and Homestead Ave.), located at the intersection of Degeest Street and Homestead Avenue.

56. No. 01PL127 - A request by Doug Sperlich for Jeff Stone for a Preliminary Plat on Lots 1, 2 and 3 of Block 1 of Sunset Heights Subdivision, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as SW1/4 SE1/4, less Broadmoor Subdivision, less Block 1 of Broadmoor Southwest & less Mountain Shadows Subdivision, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Broadmoor Drive.

57. No. 02PL009 - A request by Polenz Land Surveying for Chuck Farrar for a Preliminary and Final Plat on Lots 16P Revised and Lot 17P revised in Block 2 of Chapel Lane Village Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lot 16P and Lot 17P of Block 2 of Chapel Lane Village located in the NE1/4 of NE1/4 of Section 17 and the SE1/4 of SE1/4 of Section 8 and the vacated portion of Lakeview Subdivision No. 2 of the SE1/4 of SE1/4 of Section 8, all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3210 Kirkwood Drive.

58. 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.

59. No. 02PL014 - A request by CETEC Engineering for Park Hill Development Inc. for a Preliminary and Final Plat on Lots 1A and 1B of Block 1 of Park Meadows Subdivision, located in the NE1/4 SE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lot 1 of Block 1 of Park Meadows Subdivision, located in the NE1/4 SE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of East Oakland Street and Smith Avenue.

60. No. 02PL026 - A request by D.C. Scott Co. Land Surveyors for Thomas Knight for a Layout Plat on Lot 4 Revised and Lot 5 Revised of Knight's Acres Subdivision,N1/2 SE1/4 NE1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota; legally described as Lot 4 and Lot 5 of Knights Acres Subdivision, N1/2 SE1/4 NE1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located south of Longview Road and west of Anderson Road.

61. No. 02PL027 - A request by Renner & Sperlich Engineering Co. for Gordon Howie for a Preliminary and Final Plat on Lots 1, and 5 thru 15 of Block 17 of Trailwood Village located in the E1/2 of the SW/14 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota; legally described as a portion of Tract 5 of Trailwood Village located in the E1/2 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located northeast of Covington Street and Teak Drive.

62. No. 02PL028 - A request by Renner & Sperlich Engineering Co. for Robert E. Moore for a Preliminary and Final Plat on Lots 1 thru 15 of Kepp Heights Subdivision #4, located in the SW1/4 of the NW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lot 15 of Kepp Heights Subdivision #3, located in the SW1/4 of the NW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Flormann Street and Skyline Drive.

63. 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.

64. No. 02PL032 - A request by Renner & Sperlich Engineering Co. for Wilburn-Powers, Inc. for a Preliminary Plat to create one lot 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.

65. 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.

66. 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; 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.

67. No. 02PL049 - A request by Davis Engineering for a Layout Plat on Block 1, Lots 1 thru 20; Block 2, Lots 1 thru 11; Block 3, Lots 1 thru 21; Block 4, Lots 1 thru 18; Block 5, Lots 1 thru 16; Block 6, Lots 1 thru 20; Block 7, Lots 1 thru 9; Block 8, Lots 1 thru 18; Block 9, Lots 1 thru 25; Block 10, Lots 1 thru 48; and Block 11, Lots 1 thru 29; Murphy Ranch Estates Subdivision, located in the NW1/4 Section 14, T1N, R8E, BHM, Pennington County, South Dakota; legally described as Tract F of the NW1/4 less Murphy's Subdivision and ROW, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located approximately 800 feet east of Reservoir Road on Longview Road.

68. No. 02PL050 - 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 on Ireland Place.

69. 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 the southeast corner of the intersection of 5th Street and North Street.

70. 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.

71. No. 02PL053 - A request by Doug Sperlich for Dennis Zandstra for a Preliminary and Final Plat on Lots 1 and 2 of Block 11, Elks Country Estates, located in the NE1/4 of the SE1/4, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; legally described as a portion of Tract 1 of the E1/2 of Section 16 located in the NE1/4 of the SE1/4 Section 16, T1N,R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Augusta Drive and Northstar Court.

72. 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 southeast corner of the intersection of Cambell Street and Philadelphia Street.

73. 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, a portion of the Aladdin Drive ROW a portion of the Silver Nugget ROW and all of the Southview Drive ROW 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.

74. No. 02PL063 - A request by James Heald, Registered Land Surveyor for Robert & Rosemary Christol, Philip and Carolie Zacher, Mark and Shannon Ballard and the Autumn Hills Homeowner's Association for a Preliminary and Final Plat on Lots 10R, 11R, and 17R of Block 7 of Autumn Hills Subdivision, located in the W1/2 of NW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lots 10, 11, and 17 and Outlot M of Block 7 of Autumn Hills Subdivision, located in the W1/2 of NW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Winter Set Drive and south of Stoney Creek Court.

75. No. 02PL068 - A request by Doug Sperlich for Kelly Construction for a Layout, Preliminary and Final Plat on Lots A thru M of Lot 3, Pine View Terrace, located in the NW1/4 of the SE1/4 and in the SW1/4 of the SE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lot 3 of Pine View Terrace, located in the NW1/4 of the SE1/4 and in the SW1/4 of the SE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Park Drive and Wonderland Drive.

76. No. 02PL069 - A request by CETEC Engineering for Park Hill Development, Inc. for a Layout and Preliminary Plat on Lots 2A, 2B, 3A, 3B, 4, 5A, 5B, 6A, 6B, 7A, 7B, 8, 9, 10A, 1B, 11A, 11B, 12A, 12B, 13A, 13B, 14 thru 20 of Block 1; and Lots 8, 9, 10A, 10B, 11A, 11B, 12A, 12B, 13A, 14B, 15 thru 18 of Block 2; and Lots 1 thru 9, 10A, 10B, 11A, 11B, 12A, 12B, 13A, 13B of Block 5; and dedicated right-of-way of Park Meadows Subdivision, located in the NE1/4 of SE1/4, SE1/4 of NE1/4, and the SW1/4 of NE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lots 8 thru 18 of Block 2; Lots 2 thru 20 of Block 1; and Lots 1 thru 13 of Block 5, Park Meadows Subdivision, located in the NE1/4 of SE1/4, SE1/4 of NE1/4, and the SW1/4 of NE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in Park Meadows Subdivision.

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 Preliminary and 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, 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.

PLANNING DEPARTMENT - HEARINGS

79. No. 02CA039 - A request by Nathan A Barton for Century Medical Plaza, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a .41 acre parcel from Residential to Office Commercial on Lots 7 thru 11, Block 17, South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 615 Flormann Street and 619 Flormann Street.

80. No. 02PD032 - A request by Rushmore Mall for SDG Macerich Properties for a Major Amendment to a Planned Commercial Development to allow parking lot events to be held each year in designated areas of the parking lot Lot 1 and Tract A and B of Lot 2 (also in Section 30, T2N, R8E), Rushmore Mall Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2200 North Maple Avenue.

81. No. 02SV007 - A request by Polenz Land Surveying for Chuck Farrar for a Variance to the Subdivision Regulations to waive the requirement for curb, gutter, sidewalk and street light conduit on Lot 16P and Lot 17P of Block 2 of Chapel Lane Village located in the NE1/4 of NE1/4 of Section 17 and the SE1/4 of SE1/4 of Section 8 and the vacated portion of Lakeview Subdivision No. 2 of the SE1/4 of SE1/4 of Section 8, all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3210 Kirkwood Drive.

82. No. 02SV015 - A request by Renner & Sperlich Engineering Co. for Robert E. Moore for a Variance to the Subdivision Regulations to allow lots twice as long as they are wide and to waive the requirement to install pavement, curb and gutter, water, sewer, street light conduit and sidewalks on Lots 1 thru 15 of Kepp Heights Subdivision #4, located in the SW1/4 of the NW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; legally described as Lot 15 of Kepp Heights Subdivision #3, located in the SW1/4 of the NW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Flormann Street and Skyline Drive.

83. No. 02SV016 - A request by Davis Engineering for a Variance to the Subdivision Regulations to waive the requirement for curb and gutter, sidewalks, street light conduit, dry sewer and water 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.

84. 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.

85. No. 02SV026 - A request by Fisk Land Surveying & Consulting Engineers for the North Haines Volunteer Fire Department for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk, curb and gutter, street lights, dry sewer and water mains as regulated by Section 16.16 of the Subdivision Regulations on 143rd Street and Country Road on Lot 1, North Haines II Subdivision, located in the SE1/4 SE1/4 of Section 18, T2N, R8E, BHM, Pennington County, South Dakota; legally described as GL 4 less ROW; the unplatted balance of the SE1/4 SW1/4; the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Country Road and 143rd Street.

86. No. 02SV032 - A request by CETEC Engineering for Park Hill Development, Inc. for a Variance to the Subdivision Regulations to allow a lot twice as long as it is wide as per Chapter 16.12 of the Municipal Code on the unplatted balance of the S1/2 of the NE1/4 and the NE1/4 of the SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in Park Meadows Subdivision.

87. No. 02VR003 - A request by John Johnson for First Western Bank Sturgis for a Vacation of Right-of-Way on Lots 1 thru 16; Lots 21-28; Lots A, B, C, D, E, and F of Block 4, Riverside Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the southwest corner of Omaha Street and West Boulevard.

88. No. 1101 - A request by Larry Olson for a Revocation of a Use on Review for a private school in the Medium Density Residential Zoning District on Lot 2 of Lot 1, Block A, Munderloh Tract, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4116 Canyon Lake Drive.

89. No. 1185 - A request by Larry Olson for a Revocation of a Use on Review for a private school in the Medium Density Residential Zoning District on Lot 2 of Lot 1, Block A, Munderloh Tract, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4116 Canyon Lake Drive.

ORDINANCES & RESOLUTIONS

90. No. LF071002-04 - Second Reading, Ordinance 3834 entitled An Ordinance to Allow Motel-Hotel Facilities to Obtain an On-Sale Light Wine License by Amending Sections 5.12.040(B)(3) and 5.12.040(L) of the Rapid City Municipal Code.

91. No. 02RZ034 - Second Reading, Ordinance 3836, a request by Nathan A Barton for Century Medical Plaza, LLC for a Rezoning from Medium Density Residential District to Office Commercial District on Lots 7 thru 11, Block 17, South Boulevard Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 615 Flormann Street and 619 Flormann Street.

92. No. 02RZ035 - Second Reading, Ordinance 3837, a request by Doug Sperlich for Kelly Construction for a Rezoning from Public District to Low Density Residential District on Lot 3 of Pine View Terrace, located in the NW1/4 of the SE1/4 and in the SW1/4 of the SE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Park Drive and Wonderland Drive.

93. No. LF073102-16 - First Reading, Ordinance 3838 entitled An Ordinance Relating to the Slope and Width of Driveways, Amending Chapter 15.44 of the Rapid City Municipal Code by Adding Section 15.44.070.

94. No. 02RZ036 – First Reading, Ordinance 3839, a request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Low Density Residential District on 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.

95. No. 02RZ037 - First Reading, Ordinance 3840, a request by Dream Design International, Inc. for a Rezoning from Office Commercial District to General Commercial District on property described by metes and bounds as commencing at the Southeast corner of the Aladdin Heights subdivision; thence North 00º00'32" East a distance of 141.54 feet along the East line of the Aladdin Heights Subdivision to the Point of Beginning; continuing at the Point of Beginning; thence North 00º00'32" East a distance of 196.48 feet along the East line of the Aladdin Heights Subdivision; thence South 71º06'54" East a distance of 159.73 feet; thence South 46º14'08" West a distance of 209.31 feet; returning to the Point of Beginning, located east of Highway 16 and 1/4 mile north of Catron Boulevard.

96. No. 02RZ038 - First Reading, Ordinance 3841, a request by Dream Design International, Inc. for a Rezoning from General Commercial District to Office Commercial District on property described by metes and bounds as follows: Point of Beginning: the Southeast corner of the Aladdin Heights Subdivision; thence South 89º58'26" West a distance 12.49 feet along the South line of the Aladdin Heights Subdivision; thence North 50º22'03" West a distance of 94.20 feet; thence North 46º14'08" East a distance of 117.77 feet; thence South 00º00'32" West a distance of 141.54 feet along the East line of the Aladdin Heights Subdivision; returning to the Point of Beginning, located east of Highway 16 and 1/4 mile north of Catron Boulevard.

97. No. 02RZ039 - First Reading, Ordinance 3842, a request by Dream Design International, Inc. to consider an application for a Rezoning from General Commercial District to Office Commercial District on property described by metes and bounds as commencing at the Southeast corner of Aladdin Heights Subdivision; thence South 89º58'26" West a distance of 93.96 feet along the South line of the Aladdin Heights Subdivision to the Point of Beginning; thence South 89º58'26" West a distance of 85.92 feet along the South line of the Aladdin Heights Subdivision; thence North 07º20'48" East a distance of 64.86 feet; thence South 50º22'03" East a distance of 100.79 feet returning to the Point of Beginning, located east of Highway 16 and 1/4 mile north of Catron Boulevard.

98. No. 02RZ040 - First Reading, Ordinance 3843, a request by Dream Design International, Inc. for a Rezoning from Office Commercial District to General Commercial District on property described by metes and bounds as commencing at the Southeast corner of Aladdin Heights Subdivision; thence South 89º58'27" West a distance of 179.88 feet along the south line of Aladdin Heights Subdivision to the Point of Beginning; continuing at the Point of Beginning; thence South 07º20'48" West a distance of 460.81 feet; thence North 62º14'17" West a distance of 8.95 feet; thence North 51º24'29" West a distance of 48.67 feet; thence North 07º20'48" East a distance of 426.02 feet to the South line of Aladdin Heights Subdivision; thence 89º58'27" East a distance of 50.41 feet along the South line of the Aladdin Heights Subdivision; returning to the Point of Beginning, located east of Highway 16 and 1/4 mile north of Catron Boulevard.

LEGAL & FINANCE COMMITTEE ITEMS

99. No. LF073102-05R - Resolution Approving and Authorizing the Execution of a Governmental Lease-Purchase Master Agreement and Supplements Thereto and Related Documents and Certificates (Automated Garbage Trucks & Containers)

100. No. LF073102-09R- Authorization for Mayor and Finance Officer to sign Development and Maintenance Agreement between 5 Star Real Estate, Inc., City of Rapid City, and Williston Basin Interstate Pipeline Company to the August 5, 2002, Council meeting without recommendation.

101. No. 02TI001 and No. 02TI002 - Authorize Mayor and Finance Officer to sign a Contract for Private Development for Tax Increment District Number Thirty-Five between the City of Rapid City and Doyle Estates.

102. Request that Artists and Musicians be allowed in the public right-of-way on the downtown corners on Saturdays.

103. Direct staff to make the following changes to the 2012 Spreadsheet and present them at the August 5th Council Meeting: 1) Reduce the 2003 Community Centers figure to $1.4 million; 2) put $500,000 in the Public Safety Building for 2003, 3) put $385,000 in 2002 for the Public Safety Building and 4) change the infrastructure line item to $1.5 million.

104. Direct staff to place “Items from Visitors” at the beginning of both the Public Works and Legal & Finance Committee Agendas.

PUBLIC WORKS COMMITTEE ITEMS

105. No. PW073102-07 - Authorize the Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement dated October 1, 2001 with Iris Associates for Utility Rate Engineering Services for an amount not to exceed $3,500

106. No. CC080502-07 - Request from Metro Café, 710 St. Joseph Street, to place tables and chairs in the public right-of-way.

107. Approve a Utility Easement in Memorial Park for Black Hills Power & Light, noting a change in the time limit to 15-years.

108. Direct staff to communicate to Western Wireless about the need to come into compliance with the Use On Review.

109. Continue discussion on the proposed sewer rate increase to a special City Council meeting to be held on Wednesday, September 4, 2002 at 4:00 P.M.

FINANCE OFFICER

BILLS

POLICE DEPARTMENT

PUBLIC WORKS DIRECTOR

CITY ATTORNEY

ADJOURN

ADDENDUM

110. No. 02TI004 - Resolution Creating Tax Increment District No. 37.

111. No. 02TI006 – Resolution Approving Tax Increment District No. 37 Project Plan.

112. No. 02PL045 - A request by Doug Sperlich for 16 Plus, LLC for a Layout, Preliminary and Final Plat for Lots 1 thru 5, Moon Ridge Subdivision, located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of US Highway 16 and Moon Meadows Road.