AGENDA
FOR THE CITY COUNCIL
City of Rapid City, South Dakota
March 17, 2003
MINUTES – Approve the minutes of March 3 and March 12, 2003
BID OPENINGS
1. No. CC031703-01 – Knollwood Detention Pond Element 310 Project DR00-902 (Opened on March 13, 2003)
2. No. CC031703-01 – Canyon Lake Drive Reconstruction Project SSW98-817 (Opened on March 13, 2003)
3. No. CC031703-01 – Complete Undercarriage Rebuild for 1980 Komatsu D155 for Solid Waste Operations Division (Opened on March 13, 2003)
MAYOR’S ITEMS
ALDERPERSON ITEMS/LIAISON REPORTS
4. All future waivers, negotiations, reductions of impact fees shall be approved by the City Council. (Kroeger, Waugh, Kooiker and Rodriguez)
5. Request for the exact criteria that was used in all past waivers, negotiations and reductions in impact fees. (Kroeger, Waugh, Kooiker and Rodriguez)
SPECIAL ITEMS AND ITEMS FROM VISITORS
ALCOHOLIC BEVERAGE LICENSE APPLICATIONS
Hearings:
6. Northcott Company dba Perkins Restaurant and Bakery, 1715 LaCrosse Street, for an On-Sale Malt Beverage License (New License – No Video Lottery)
7. Northcott Company dba Perkins Restaurant and Bakery, 2305 Mt. Rushmore Road, for an On-Sale Malt Beverage License (New License – No Video Lottery)
Set for Hearing (April 21, 2003)
7A. On-Sale Liquor License No. 5871, Sherri Ashley dba Uptown Grill, 615 Main Street
Set for Hearing (April 7, 2003)
7B. Keith M. Watson dba Red’s Savoy Pizza, 510 St. Joseph Street, for an On-Off Sale Malt Beverage License Transfer (from James Wilcox)
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
8. No. CC030303-01 – Approve the bid award of One (1) New Current Model Year Cargo Van for the Engineering Division to the lowest responsible bidder meeting specifications, Wegner Auto Co., Inc. of Pierre for the low unit price bid for a total contract amount of $20,151.
9. No. CC030303-01 - Approve the bid award of One (1) New Current Model Year Suburban 4x4 for the Engineering Division to the lowest responsible bidder meeting specifications, Wegner Auto Co., Inc. of Pierre for the low unit price bid for a total contract amount of $30,599.
10. No. PW031203-01 – Approve Change Order No. 02F for FD02-870, Rapid City Fire Department Fire Station #6 to Kurtz Construction Company for an increase of $6,967.
11. No. PW031203-02 - Approve Change Order No. 02F for SSW01-1105, In-Place Pipeline Reconstruction Project to Insituform Technologies USA, Inc. for an increase of $467.
12. Authorize Staff to Advertise for Bids for Hot Mixed Asphaltic Concrete and Asphalt Maintenance Mixtures.
13. No. PW031203-03 – Authorize Staff to Advertise for Bids for Cold Weather Pavement Marking Tape.
14. No. PW031203-04 - Authorize Staff to Advertise for Bids for PM03-1304, 2003 Roadway Marking Contract.
15. No. PW031203-06 – Approve Montana Dakota Utilities Company request to place structure in the public right-of-way along Omaha Street at Cross Street and West Rapid Street.
16. No. 03RD002 – Approve with stipulations a Road Name Proposal for a private drive for petitioner Joseph and Winona Lytle (Life Estate) for Lytle Lane on the balance of Tract A of the E1/2 SW1/4 and of the W1/2 SE1/4 less Lot H1 and the S1/2 SW1/4 NE1/4 less Lot H2 and less right-of-way; S1/2 SE1/4 NW1/4 less Lot H1; balance of NE1/4 SW1/4 less Lot H1;and the balance of the W1/2 SE1/4, all located in Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located east of Twilight Drive and south of E. Highway 44.
17. Approve a Request by Scott & Valerie Brandsted to waive sidewalk requirements at 15 Quincy Street.
18. Authorize Mayor and Finance Officer to Sign Black Hills Power, Inc. Right-Of-Way Permit -- OH/UG Corporation for Greenway Tract 8, Section 3 and 4, T1N, R7E, Rapid City, Pennington County, South Dakota (Canyon Lake Drive ROW).
19. No. PW031203-07 – Approve South Dakota School of Mines & Technology request for digital information from Rapid City GIS Division in a format to be approved by the City Attorney’s Office.
Legal & Finance Committee
20. No. LF031203-01 – Authorize Mayor and Finance Officer to sign Contract with Pennington County Housing for Drug Elimination and Crime Prevention Program.
21. Approve Seatbelt and Illegal Use of Alcohol/Drugs Grant Application & Award from Department of Commerce and Regulation for the sum of $5,000 (Require no Matching Funds).
22. No. LF031203-02 – Approve Travel Request for Mark Enright and Christopher Jolley to attend HazMat Technician 80 hour classes at the Emergency Response Training Center in Pueblo, CO, from March 31-April 11, 2003.
23. Authorize staff to enter into Contractual Agreement with State of South Dakota for a Grant to cover the above expenses (estimated expense is $6,396.48).
24. No. LF031203-03 – Approve Travel Request for Tory Richardson to attend the AAAE Spring Legislative Conference in Washington, D.C. from March 24-25, 2003, in the amount of $1,579.
25. No. LF031203-04 – Approve Travel Request for Tory Richardson to attend the AAAE Rental Car Industry Workshop in Jackson Hole, WY, from March 30, 2003, through April 1, 2003, in the amount of $1,002.
26. No. LF031203-05 – Approve Travel Request for Ken Simmons to attend Airport Security Coordinator Training in St. Louis, MO, from May 8-11, 2003, in the amount of $1,050.
27. No. LF031203-06 – Approve Travel Request for Ken Simmons, Jerry Brown, Jerry Mitchell, and Bert Corwin to attend the 75th Annual AAAE Conference & Expo in Los Angeles, CA, from April 26-30, 2003, in the amount of $8,509.
28. No. 03TP001 – Authorize Mayor and Finance Officer to sign Amendment #3 to the Agreement for Professional Services between the City of Rapid City and Alliance of Architects and Engineers for the completion of the US Highway 16 Corridor Study for a Time Extension only to December 31, 2003.
29. No. LF022603-03 – Approve Resolution Declaring Property Surplus (Garbage Trucks).
30. No. LF031203-07 – Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup.
31. No. LF031203-08 – Approve Resolution Declaring Property Surplus
32. No. LF031203-09 – Authorize Mayor and Finance Officer to Sign Contract for Cleaning Milo Barber Transportation Center to Ruthann Jazek in the amount of $800.64 per month plus tax.
33. No. LF031203-10 – Approve Resolution to Establish the Position of Computer Operations Supervisor.
34. No. LF031203-19 – Authorize Mayor and Finance Officer to Sign Business Associate Agreements pursuant to HIPAA Requirements.
35. No. LF031203-20 – Authorize Mayor and Finance Officer to Sign Engagement Letters with Grant Thornton to Perform Arbitrate Rebate Calculations on the Following Bond Issues: 1) Airport Improvement Corporation 1987A (final) at a Cost of $2,500; 2) Parking Revenue Bonds (5 year) at a Cost of $5,000; and 3) Sales Tax 1992 (10 year) at a Cost of $6,000.
36. Authorize staff to fill the vacated driver position at Rapid Transit due to the permanent disability of an existing employee.
37. Approve Resolution to Establish the Position of Medical Services Section Chief.
38. No. LF031203-12 – Approve Resolution Establishing Ice Rates.
39. Direct Assistant City Attorney Michael Booher to work with Sam Kooiker to get the information regarding legal counsel and officers of the city ready and submitted to the Attorney General’s office and to have the information ready to present at the information meeting on April 23rd
40. No. LF031203-13 – Authorize Mayor and Finance Officer to enter into an Agreement with American Legal Publishing Corporation for recodifying the Rapid City Municipal Code with updates on a monthly basis.
41. Approve the following Licenses: Residential Contractor: Silver Mountain Co., Timothy R. Lane.
42. No. LF031203-15 – Authorize the Mayor and Finance Officer to Sign the 2003-2004 CLG Grant Application and Assurances.
43. No. LF031203-16 – Authorize Mayor and Finance Officer to execute Bid Proposal with Black Hills Country Builders, Inc. in the amount of $4,985.25 for Phase One of the Restoration Project of a window and door from the First Baptist Church of Rapid City project (Feigel House Preservation Foundation to pay $2,500 of this amount by way of matching funds).
44. No. LF031203-17 – Approve Appointment of Jim Bickett for a Two-Year Term to the Residential Contractor Board.
45. No. LF031203-18 – Approve Reappointment of Tim Henderson, Sheri Zimmer, and Van Lindquist for Three-Year Terms on the Parks & Recreation Subcommittee.
46. No. LF031203-21 – Approve Appointment of Craig Uhre to the Rapid City Regional Airport Board to Complete the Unexpired Term of Pat Meyers. (This item was inadvertently omitted from the minutes of the February 12, 2003, Legal and Finance Committee meeting.)
Raffle
46A. No. CC031703-05 - Easter Seals South Dakota – Notification of Raffle to be conducted February thru August, 2003
PUBLIC HEARING
47. No. LF031203-14 – Vernon Osterloo – Appeal Decision from Sign Code Board of Appeals.
47A. No. CC031703-04 - Resolution of Necessity for E. Catron Boulevard Sanitary Sewer Extension Highway 79 to 5th Street Project No. SS01-1052
PLANNING DEPARTMENT CONSENT ITEMS
48. No. 03AN002 - A request by Dakota, Minnesota and Eastern Railroad Corporation for a Petition for Annexation on Lot H7 in the SW1/4 of Section 27, T2N, R8E, BHM and Lot H1 in Tract B in the NE1/4 SW1/4 of Section 27, T2N, R8E, BHM, Pennington County, South Dakota, located south of Interstate 90 and Exit 61.
49. 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.
50. 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.
51. 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.
52. 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.
53. 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.
54. 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.
55. 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.
56. 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.
57. 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 the 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.
58. 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.
59. No. 02PL129 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 23, MJK Subdivision, located in the NW1/4 of the SE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the balance of Parcel B MJK Subdivision less the Meadows Subdivision and less right-of-way, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Preakness Street between Field View Drive and the Truck Bypass.
60. No. 03PL001 - A request by Dream Design International for a Preliminary and Final Plat on Lots A, B, C and Well Lot, Miracle Place 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.
61. No. 03PL002 - A request by Centerline, Inc. for Larry Lewis and Kenneth Kirkeby for a Preliminary and Final Plat on Parcel A of Tract SB of Springbrook Acres Addition, Tract SB Revised of Springbrook Acres Addition, and Lot 19R3 of Fairway Hill PRD located in the SW1/4 NE1/4, NW1/4 SE1/4, and SE1/4 NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 19R2 of Fairway Hills Planned Residential Development and all of Tract SB of Springbrook Acres located in the SW1/4 NE1/4, NW1/4 SE1/4 and SE1/4 NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Fairway Hills and Sandstone Ridge Subdivision.
62. No. 03PL004 - A request by FMG, Inc. for Williston Basin Interstate Pipeline Co. for a Preliminary and Final Plat on the dedicated public right-of-way shown as Disk Drive formerly a portion of Parcel No. 5 located in the NE1/4 of NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Parcel No. 5 located in the NE1/4 of the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Interstate 90.
63. No. 03PL011 - A request by Renner & Sperlich Engineering for Pat Wyss for a Layout, Preliminary and Final Plat on Lot 12R-2 and Lot 13R-2 of Block 3, Skyline Pines Subdivision, located in the SW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 12R and Lot 13R of Block 3, Skyline Pines Subdivision, located in the SW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1434 and 1444 Pevans Parkway.
64. No. 03PL016 - A request by Fisk Land Surveying & Consulting Engineering for Allen Nelson for a Preliminary and Final Plat on Lots 3R, 25R, and 27 of Forest Park Estates all in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3 and Lot 25 of Forest Park Estates Subdivision and the north 200 feet of the south 940 feet of the west 450 feet of Tract A, all in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4231 Starlite Drive.
65. No. 03PL017 - A request by CETEC Engineering Services, Inc. for Park Hill Development, Inc. for a Final Plat on Lots 2A, 2B, 3A, 3B, 4, 5A, 5B, 6A, 6B, 7A, 7B, 13A, 13B, and 14 thru 20 of Block 1, Lots 8, 9, 10A, 10B, 11A, 11B of Block 2, Lots 1 thru 9, 10A and 10B of Block 5, of Park Meadows Subdivision located in the NE1/4 SE1/4, SW1/4 NE1/4 and SE1/4 NE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted SE1/4 NE1/4 less Lot 1 and Block 1 and less right of way, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Merlot Drive, Allie Court, Naples Court and Smith Avenue.
66. No. 03PL018 - A request by FMG, Inc. for Hart Ranch Development Company for a Preliminary and Final Plat on Tracts A, B and C of Spring Creek Arena Parcel of Hart Ranch Development, located in SE1/4 of Section 13, T1S, R7E, BHM, and in SW1/4 of Section 18, T1S, R8E, BHM, Pennington County, South Dakota, legally described as Spring Creek Arena Parcel located in SE1/4 of Section 13, T1S, R7E, BHM, and in SW1/4 of Section 18, T1S, R8E, BHM, Pennington County, South Dakota, located along Arena Road.
67. No. 03PL019 - A request by Dale and Brenda Athow for a Layout Plat on Lot D1 of Schamber, Section 9 of the NW1/4 SE1/4, all located in Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 and 2 of Lot E less Lot A, Morningview Heights; and, the west 60 feet of the north 165 feet of Lot D less the north eight feet of Schamber, Section 9 of the NW1/4 SE1/4, all located in Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3519 and 3529 Western Avenue.
END OF PLANNING CONSENT CALENDAR
68. No. 02PL070 - A request by Dream Design International, Inc. for a 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.
PLANNING DEPARTMENT - HEARINGS
69. No. 03CA002 - A request by Deb-N-Hads Investments, LLC for Hadcock Construction, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.140 acre parcel of land from High Density Residential to Office Commercial on Lot N less the south three feet of Block 116, Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, South Dakota, located at 429 Quincy Street.
70. No. 03PD004 – An Appeal of the Planning Commission's approval of a Planned Development Designation 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.
71. 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.
72. 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.
73. 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.
74. 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, C and Well Lot, Miracle Place 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.
75. No. 03SV005 - A request by Centerline for Larry Lewis and Kenneth Kirkeby for a Variance to the Subdivision Regulations to waive all street improvements as per Chapter 16.16 of the Subdivision Regulations on Parcel A of Tract SB of Springbrook Acres Addition, Tract SB Revised of Springbrook Acres Addition, and Lot 19R3 of Fairway Hill PRD located in the SW1/4 NE1/4, NW1/4 SE1/4, and SE1/4 NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of Tract SB of Springbrook Acres Addition and all of Lot 19R2 of Fairway Hills PRD located in the SW1/4 NE1/4, NW1/4 SE1/4 and SE1/4 NW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Fairway Hills and Sandstone Ridge Subdivision.
76. No. 03SV007 - A request by Fisk Land Surveying & Consulting Engineering for Allen Nelson for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement along Starlite Drive and an access easement and to allow sidewalk on one side of Forest Park Circle as per Chapter 16.12 of the Subdivision Regulations on Lots 3R, 25R, and 27 of Forest Park Estates all in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3 and Lot 25 of Forest Park Estates Subdivision and the north 200 feet of the south 940 feet of the west 450 feet of Tract A, all in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4231 Starlite Drive.
77. No. 03SV009 - A request by FMG, Inc. for Hart Ranch Development Company for a Variance to the Subdivision Regulations to waive the requirement to install pavement, curb, gutter, sidewalk, water, sewer and street light conduit along that portion of Arena Road lying within the three mile platting jurisdiction of Rapid City on Tracts A, B and C of Spring Creek Arena Parcel of Hart Ranch Development, located in SE1/4 of Section 13, T1S, R7E, BHM, and in SW1/4 of Section 18, T1S, R8E, BHM, Pennington County, South Dakota, legally described as Spring Creek Arena Parcel located in SE1/4 of Section 13, T1S, R7E, BHM, and in SW1/4 of Section 18, T1S, R8E, BHM, Pennington County, South Dakota, located along Arena Road.
78. No. 03UR002 – An Appeal of the Planning Commission's approval of a Conditional Use Permit to allow an On-Sale Liquor Establishment on Lots 10 thru 18 of Tract C in Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2305 Mt Rushmore Road.
79. 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.
ORDINANCES & RESOLUTIONS
80. 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.
81. 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.
82. No. 03RZ004 – Second Reading, Ordinance 3914, a request by Deb-N-Hads Investments, LLC for Hadcock Construction, Inc. for a Rezoning from High Density Residential District to Office Commercial District on Lot N less the south three feet of Block 116, Original Town Rapid City, Section 1, T1N, R7E, BHM, Rapid City, South Dakota, located at 429 Quincy Street.
83. No. LF022603-08 – Second Reading, Ordinance 3916 entitled An Ordinance Amending Section 9.28.050 of Chapter 9.28 of the Rapid City Municipal Code to Allow Limited Model Rocketry Inside the City Limits.
84. No. LF022603-07 – Second Reading, Ordinance 3917 entitled An Ordinance Amending Section 10.44.050 of Chapter 10.44 of the Rapid City Municipal Code Relating to Parking at the Airport.
85. No. 03OA001 – Second Reading, Ordinance 3918 entitled An Ordinance Modifying Section 17.50.270(G)(6) and Adding Section 17.50.270(H)(9) of Chapter 17 of the Rapid City Municipal Code to Require the Provision of Handicapped Accessible Parking Stalls in Existing Lots When the Lots are Re-Striped.
86. No. 03RZ006 – Second Reading, Ordinance 3919, a request by the City of Rapid City for a Rezoning from No Use District to General Agriculture District on that portion of the NW1/4 SW1/4 lying south of highway right-of-way less Lot H1, and the SW1/4 SW1/4 less right-of-way, all located in Section 24, T1N, R7E, BHM, Pennington County, South Dakota, located south of Catron Boulevard, east of US Highway 16 and west of SD Highway 79.
87. No. 02OA018 – First Reading, Ordinance 3920, entitled An Ordinance to Establish a Procedure for the Municipal Planning Commission to Make Recommendations for the Amendment of the Comprehensive Plan for Development in the City of Rapid City by Amending Section 2.60.160 of the Rapid City Municipal Code.
88. No. 03RZ007 - First Reading, Ordinance 3922, a request by the City of Rapid City to consider an application for a Rezoning from No Use District to General Commercial District on the south 33 foot of the E. St. Andrew Street right-of-way lying north of Lot O Revised and Lots P, Q, R and T and Lots 1 and 2 of Lot S, all of Tract A of Schlottman Addition, all located in the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of E. St. Patrick Street and south of SD Highway 44.
89. No. 03RZ008 - First Reading, Ordinance 3923, a request by the City of Rapid City to consider an application for a Rezoning from No Use District to Light Industrial District on the north 33 foot of the E. St. Andrew Street right-of-way lying south of Lots I, J, K, L, M and N, all of Tract A of Schlottman Addition, located in the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; the 50 foot E. St. Charles Street right-of-way lying north of Lots A, C and D of Tract A of the SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the 50 foot E. St. Charles Street right-of-way lying north of Lots E, F, G and H, all of Tract A in Schlottman Addition of SE1/4 SE1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of E. St. Patrick Street and south of SD Highway 44.
90. No. 03RZ009 - First Reading - A request by Dream Design International, Inc. for Delores Catron to consider an application for a Rezoning from Medium Density Residential District to General Commercial District on Parcel A, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2700 Jackson Boulevard.
LEGAL & FINANCE COMMITTEE ITEMS
91. Approve Resolution to Establish the Position of Recreation Department Director.
92. No. LF031203-11 – Approve Resolution Establishing Pool Rates.
93. Refer Jim Didier (Alex Johnson Hotel) to the Ordinance Review Committee regarding options regarding parking in the Loading Zone in front of the Alex Johnson Hotel.
94. Dawn Laskowski – Black Hills Area Chapter of the American Red Cross – Proposed Presentation to Residents of Rapid City for Disaster Preparedness Steps.
PUBLIC WORKS COMMITTEE ITEMS
95. Approve One FTE Engineering Technician. to be in the field inspecting and observing the work and verifying quantities, measuring, etc. relative to the Omaha Street Utilities – 12th Street to East Boulevard Project SSW0-2-1106
96. Bid letting of P 0016(57) 69, P 0044(125) 44 and BRF 190-2(1) 0; and SSW02-1106 and PR02-1215 Omaha Street Reconstruction Project.
97. Release the information provided Council, with the exception that information regarding pending litigation be reviewed by the City Attorney’s Office and that any information deemed harmful to the City for ongoing litigation be pulled and the Council will be advised of the pulled information (regarding impact fees).
FINANCE OFFICER
98. No. CC031703-03 – Resolution Establishing Change Fund for Meadowbrook Golf Course
BILLS
POLICE DEPARTMENT
PUBLIC WORKS DIRECTOR
CITY ATTORNEY
ADJOURN
