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

July 7, 2003

(Note, as a result of the adoption of the City Council Policies & Procedures,  the format of the agenda has changed.)

ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVAL OF MINUTES – Approve the minutes of June 16 and July 2, 2003 .  

ADOPTION OF THE AGENDA  

GENERAL PUBLIC COMMENT

A time for members of the public to discuss or express concerns to the Council on any issue, not limited to items on the agenda. Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the council members present.  

BID OPENINGS

1.         No. CC070703-01 – Surplus Property Sale of Eight Used Refuse Trucks (Opened on June 25, 2003 )

2.         No. CC070703-02 – Sodium Chloride for the Street Division (Opened on June 26, 2003 )

3.         No. CC070703-02 – One New Current Model Year Landfill Trash Compactor for the Solid Waste Operations Division (Opened on June 26, 2003 )

4.         No. CC070703-02Dyess Avenue Water System Construction Project No. W99-845 (Opened on July 2, 2003)

5.         No. CC070703-02 - Water Metering and Backflow Prevention of Irrigation System Project No. W03-1276 (Opened on July 2, 2003 )  

ITEMS FROM THE MAYOR

6.         Citizen of the Month Award

7.         2012 Project Update  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR

            Consists of items that need to be continued because they are not currently ready for action.  

Continue the following items until July 21, 2003:  

8.         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.  

9.         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.  

10.       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.  

11.       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  Road.  

12.       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.  

13.       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.  

14.       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.  

15.       No. 03PL026 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 and 2 of Block 12; Lots 1 thru 4 of Block 15; Lots 1 thru 10 of Block 17; and, Lots 1 thru 17 of Block 18, Red Rock Estates Phase-IV, NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of  the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Prestwick Road and Pro Street.  

16.       No. 03PL028 - A request by DLK Engineering for South Creek Village Limited Partnership for a Preliminary and Final Plat on Lot A and Lot B of Lot 2, Superpumper Addition,  located in the SE1/4 of the SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2, Superpumper Addition located in the SE1/4 of the SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Cambell Street and Fairmont Boulevard.  

17.       No. 03PL030 - A request by Renner & Sperlich Engineering Co. for Gordon Howie for a Layout, Preliminary and Final Plat on Lots 12 thru 20 of Block 13, Lots 25 thru 32 of Block 14, and Lots 20 thru 25 of Block 15, Trailwood Village, located in the N1/2 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village located in the N1/2 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located along Mercury Drive, Cabbot Court and Shad Street.  

18.       No. 03PL035 - A request by Renner & Sperlich Engineering Company for Dean Kelly for a Layout, Preliminary and Final Plat on Lots B and C of Lot 6, Miracle Pines Subdivision  located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6 of Miracle Pines Subdivision located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3960 Corral Drive.  

19.       No. 03PL042 - A request by Renner and Sperlich Engineering Co. for Gordon Howie for a Layout, Preliminary and Final Plat on Lots 1 thru 5 of Block 18, Lots 1 thru 6 of Block 19, Lot 1 of Block 20, and Lots 1 thru 12 of Block 21, and Drainage Lot A, Trailwood Village, located in the E1/2 of the SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the balance of Tract T of Trailwood Village, located in the E1/2 of the SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located west of the intersection of Pluto Drive and Reservoir Road.  

20.       No. 03PL044 - A request by D.C. Scott Co. Land Surveyors for Thomas Knight for a Preliminary and Final Plat on Lot 4R, Lot 5R, and Lot 6 of Knight's Acres Subdivision, shared approach easement, vacated access easement, and dedicated Anderson Road right-of-way located in the 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  Knight's 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.  

21.       No. 03PL045 - A request by Michael Hanson for Kent Hagg Esq. for Burnell A. Lutz for a Preliminary and Final Plat on Lots A and B of Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1903 North Maple Avenue.  

22.       No. 03PL050 - A request by Mark Polenz for Daniel Schoenfelder for a Preliminary Plat on Lot A and Lot B of Schoenfelder Subdivision all located in the NW1/4 SE1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County South Dakota, legally described as Lot 1 of Lot C of Schamber Section 9 NW1/4 SE1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County South Dakota, located at 3505 Western Avenue.  

23.       No. 03PL051 - 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.  

24.       No. 03PL052 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1-4, Block 1 and Outlot D; Lots 1-7, Block 2; Lots 1-3, Block 3, of Stoney Creek South Subdivision and Dedicated Bendt Drive and Major Drainage Easements located in the NW1/4 SW1/4 and the SW1/4 SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the S1/2 NW1/4 SW1/4 less Lots H1 and H2, Section 22, T1N, R7E; a portion of the unplatted balance of the N1/2 NW1/4 SW1/4 located south of Catron Boulevard, Section 22, T1N, R7E; a portion of the unplatted balance of the E1/2 SW1/4 less Stoney Creek Subdivision and less Lot H2, Section 22, T1N, R7E; and, a portion of the unplatted balance of the SW1/4 SW1/4 less Lot H1 and Lot P1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of Sheridan Lake Road and Catron Boulevard.  

25.       No. 03PL053 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1 thru 5, Block 9 and Dedicated Street, the unplatted portion of the SW1/4 and the unplatted portion of the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Subdivision; E1/2 NE1/4 W1/2 NW1/4 less Red Rock Estates and less right-of-way, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Prestwick Road in Red Rock Estates.  

26.       No. 03PL054 - A request by Davis Engineering, Inc. for Verlyn and Cindy Bourne for a Preliminary and Final Plat on Lot A and Lot B of Bourne Addition located in the SW1/4 SW1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, legally described as Lot B less the west two feet located in the SW1/4 SW1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located at 5511 Hidden Valley Lane.  

27.       No. 03PL055 - A request by TSP Three, Inc. for Wellington Heights, LLC for a Preliminary and Final Plat on Lots 1 thru 45, Block 1, Wellington Heights Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B, Cleary Subdivision, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6715 Wellington Drive.  

28.       No. 03PL060 - A request by Dream Design International for Doyle Estes (DTH LLC) for a Preliminary and Final Plat on Lot 3-7, Block 13; and dedicated Streets, Big Sky Subdivision, located in the SE1/4 NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as S1/2 GL3 less Big Sky Subdivision; S1/2 GL4 less Lot H1 and Less Lot H3; SE1/4 NW1/4 less Big Sky Subdivision and Less Right-of-Way, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Buddy Court off of DeGeest Drive.  

29.       No. 03PL063 - A request by Fisk Land Surveying and Consulting Engineers for Dakota Land Development for a Preliminary and Final Plat on Lots 1 thru 3, Vista Lake Subdivision #2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 and a portion Lot F-1 of the Fish Hatchery Subdivision, located in the NE1/4 SW1/4 and the N1/2 SE1/4 of Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Jackson Boulevard north of the Fish Hatchery.  

30.       No. 03PL064 - A request by Precision Surveying for Bill Marx for a Preliminary 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 at 4730 Cliff Drive.  

31.       No. 03PL065 - A request by Centerline, Inc. for Heartland Development Group LLC for a Final Plat on Lots 6 and 7 in Block 1; and, Lot 1 in Block 3, Northstar Subdivision located in the NE1/4 NE1/4 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as NE1/4 NE1/4 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of Seger Drive and Dyess Avenue.  

32.       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.  

33.       No. 03SV013 - A request by Renner & Sperlich Engineering Company for Dean Kelly for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, dry sewer, paving and additional right-of-way width on Corral Drive as per Chapter 16.16 of the Subdivision Regulations on Lots B and C of Lot 6, Miracle Pines Subdivision  located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6 of Miracle Pines Subdivision located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3960 Corral Drive.  

34.       No. 03SV016 - A request by FMG, Inc. for Bypass LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk and to improve pavement along Elk Vale Road and to waive the requirement to install sidewalk along a portion of East Road, West Road, Seger Drive and Mall Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 9 of Block 1, Lots 1 thru 5 of Block 2, Lots 1 thru 12 of Block 3, Lot 1 of Block 4, Lots 1 thru 6 of Block 5, and Lot 1 of Block 6, Heartland I90 Business Park, located in the NE1/4 of Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 NE1/4; N1/2 NE1/4 NE1/4; and the unplatted portion of the S1/2 NE1/4 NE1/4; N1/2 SE1/4 NE1/4 all in Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north and west of the intersection of I-90 and Elk Vale Road.  

35.       No. 03SV022 - A request by Precision Surveying for Bill Marx for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement as per Chapter 16.16 of the Rapid City Municipal Code 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 at 4730 Cliff Drive.  

36.       No. 03VE005 - A request by Dream Design International for Art Janklow for a Vacation of a portion of a 33 foot wide Private Access Easement on a portion of Tract C of the NE1/4 NW1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota, located in the Cimarron Mobile Home Park.  

37.       No. 03VR004 - A request by South Dakota Department of Transportation for a Vacation of Right-of-Way on that portion of Boston Street located adjacent to Lot RU-107A, Tract A and Lot 38 all of Block 2, Riverside Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Boston Street.  

38.       No. 03VR005 - A request by William H. Siegel for a Vacation of Right-of-Way on the 40 foot right-of-way north of Lot 5, Freeland Subdivision, located in the SE1/4 SW1/4, Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located at 2925 Freedland Avenue.  

Request of Council Members to Remove Items from the continued Consent Calendar  

Vote on Remaining Consent Items  

Public Comment on First Item Removed from Consent Calendar  

Council Discussion and Vote on Item  

Public Comment on the next Item Removed from Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings:

39.       Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive, for an On-Sale Wine License (New License – No Video Lottery)

40.       Kelly’s Sports Lounge II, Inc. dba Harold’s Prime Rib/Kelly’s Sports Lounge, 318-320 East Boulevard, for an On Sale Liquor License Transfer (from Harold’s Prime Rib, Inc.)

41.       Rapid City Fine Arts Council, Inc. dba Dahl Fine Arts Center, 713 Seventh Street, for a Special Malt Beverage License to be used on July 12, 2003

42.       Rapid City Fine Arts Council, Inc. dba Dahl Fine Arts Center, 713 Seventh Street, for a Special Wine License to be used on July 12, 2003

43.       Rapid City Fine Arts Council, Inc. dba Dahl Fine Arts Center, 713 Seventh Street, for a Special Malt Beverage License to be used on July 25, 2003

44.       Rapid City Fine Arts Council, Inc. dba Dahl Fine Arts Center, 713 Seventh Street, for a Special Wine License to be used on July 25, 2003

45.       Keith Watson and Rory Schoenheider dba Red’s Savoy Pizza, 510 St. Joseph Street , for an On-Off Sale Malt Beverage License Renewal

46.       Mary Jane Freimark dba The Embers, 5412 S. Highway 16, for an On-Off Sale Malt Beverage License Renewal  

Set for Hearing ( July 21, 2003 )

47.       Noon Optimist Club of Rapid City , Special Malt Beverage License to be used on August 2, 2003 at the corner of 6th & Main Street

48.       Thomas Janklow dba The Liquor Store, 1925 W. Main Street, Suite 3 , for an Off-Sale Liquor License (New License – No Video Lottery)  

CONSENT CALENDAR ITEMS – 49-91  

The following items were placed on the Consent Calendar for final action to be taken on all items by a single vote. Any item may be removed from the Consent Calendar by the Mayor, a Council person, or a citizen, for separate consideration.  

Public Request for Removal of Items from Consent Calendar  

Request of Council Members to Remove items from the Consent Calendar  

Vote on Remaining Consent Items  

Public Comment on First Item Removed from Consent Calendar  

Council Discussion and Vote on Item  

Public Comment on Next Item Removed From Consent Calendar  

Set for Hearing (None)  

Public Works Committee Consent Items

49.       Approve installation of curbside sidewalk on Alta Vista adjacent to West Hills Village , Pat Tlustos.

50.       No. PW070103-01Approve the Encroachment into right-of-way for stone landscaping wall on Harmony Heights Lane, Harmony Heights Associates LLP; with the an agreement to be drafted by the City Attorney’s Office, and to bring that agreement forward at the July 21, 2003 Council proceedings.

51.       No. PW070103-02 – Approve the bid award of PR03-1275, Parks Miscellaneous Improvements Project to the lowest responsible bidder meeting specifications, Patino Construction Services for the low unit prices bid for a total contract amount of $39,374.

52.       No. PW070103-03 – Approve Change Order No. 02 for SS02-954, Hawthorne Avenue Street and Utilities Reconstruction Project, Phase 2 to Heavy Constructors, Inc. for a decrease of $201.96.

53.       No. PW070103-04 – Approve Change Order No. B01 for PR02-1208, Roosevelt Park Pool Complex to RCS Construction for a decrease of $9,979.

54.       No. PW070103-05 – Approve Change Order No. 01F for STCM03-1295, 2003 Edge Milling Project to Hills Materials Company for a decrease of $580.80.

55.       No. PW070103-06 - Authorize staff to advertise for bids for ST03-1006, Parkview Drive Extension Project.

56.       No. PW070103-07 – Authorize staff to advertise for bids for MIP03-1236, Miscellaneous Improvements Project.

57.       No. PW070103-08 – Authorize Mayor and Finance Officer to sign Permanent Utility Easement with Black Hills Power, Inc. for new UG Powerline & Pad Mtd Equipment.

58.       No. PW070103-09 – Authorize Mayor and Finance Officer to sign Application and Agreement for Electric Service Extension with Black Hills Power and Light Company for ST03-1252, Pedestrian Crossing Cathedral Drive Project.

59.       No. PW070103-10 – Authorize Mayor and Finance Officer to sign Dakota, Minnesota & Eastern Railroad Corporation License Agreement #91404 for 16” water line on Elk Vale Road.

60.       No. PW070103-11 – Authorize Mayor and Finance Officer to sign South Dakota Department of Transportation Right of Entry Agreement on Parcel 9A for Southeast Connector Project No. NH 0235(1)0 Pennington #3151.

61.       No. PW070103-13 – Authorize Mayor and Finance Officer to sign Professional Service Agreement with RESPEC for Contaminated Soil Testing for SSW02-1106, Omaha Street Utilities Project – 12th Street to East Boulevard for an amount not to exceed $10,148.

62.       No. PW070103-16 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement with Kadrmas, Lee & Jackson, Inc. to Design SSW02-1242, Haines Avenue North - Northridge Drive to Viking Drive for an amount not to exceed $10,370.22.

63.       Approve credit for existing water service at 350 Elk Street , Behavior Management Systems, Inc.

64.       Request staff to mill and overlay the Elm Street/St. Patrick Street intersection for an estimated repair cost of $15,500.

65.       No. PW070103-17 – Approve an Initial Resolution setting time and place for hearing on August 4, 2003 for SS01-1061, Heidiway Lane Sanitary Sewer Extension Project.

66.       No. PW070103-18 – Approve the Park & Recreation Subcommittee recommendation that the Robbinsdale Park Fairmont Street yard waste site be identified as the only site of adequate size for the bicycle/skate park facility and to acknowledge that the site development costs are unknown and possibly cost prohibitive and that based on that evaluation the recommendation of the Parks & Recreation Committee is to make the donated equipment available to communities or organizations in the immediate Rapid City vicinity if that facility would also serve the interests of the citizens of Rapid City.

67.       No. 03TP003 – Approve 2004 – 2008 Final Draft Transportation Improvement Program.

68.       Approve Impact Fee Waiver at 4810 Horse Creek Road , David & Paula Herrera.  

Legal & Finance Committee Consent Items

69.       Take the capital development fee ordinance to the Ordinance Review Committee to add the appropriate language so that the Council at their discretion can grant a waiver of these fees.

70.       No LF070203-01 - Authorize Mayor and Finance Officer to sign the Award of Allocation for Historical Preservation by City of Rapid City Project Number 46-03-020 in the amount of $4,500 and the Certified Assurances Historic Preservation Program.

71.       Approve the Mayor’s appointment of the following individual to the Impact Fee Committee: Janette McIntyre, Bill Freytag, Hani Shafai, Bill Waugh, Alan Hanks, Jeff Partridge, and Dan Bjerke. This will be a standing committee for 90 days.

72.       Approve the Mayor’s appointment of the following individuals to the Historic Preservation Board: Jean Kessloff and Pat Roseland.

73.       Approve the Mayor’s appointment of the following individuals to the Downtown Historic Sign Review Committee: Brian Peterson and Norm Nelson.

74.       Approve the Mayor’s appointment of Stan Petrik to the EMSOC Committee.

75.       Authorize staff to apply for grant for the Homeland Security Overtime Program (Federal government to pay up to $100,000 for police overtime relating to homeland security at a 75/25 percentage match rate).

76.       Authorize staff to hire three additional full time police officers.

77.       No. 03AN009 – Authorize Mayor and Finance Officer to sign Petition for Annexation – Airport.

78.       No. 686 - Approve request by the City of Rapid City for the Dissolution of Tax Increment District #10 on property described by metes and bounds as beginning at the southeast corner of the North Street and 5th Street intersection; thence east 2247.29 feet along the south side of the North Street right-of-way to the northeast corner of Tract A; thence south along the east side of Tract A 518.27 feet to the north side of the Chicago Northwestern Railroad right-of-way; thence southwest along railroad right-of-way; thence southwest along the railroad right-of-way approximately 1139.76 feet to the south right-of-way line of New York Street to the east right-of-way line of 5th Street; thence north 1215.13 feet along the east right-of-way line of 5th Street to the Point of Beginning.  Also to be include are Lot ER of the Original Townsite and that portion of Tract 24 of the Greenway Tracts lying north of Rapid Creek, all located in Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Rapid Creek, south of North Street, west of East Boulevard and east of Fifth Street, plus the Civic Center parking lot.

79.       Request Pennington County transfer tax deed property located west of West Boulevard against the ridge line to the City. This land is necessary for a detention facility.

80.       Request Pennington County transfer tax deed property located off Palo Verde Drive to the City. This land is necessary for the water storage reservoir.

81.       No. LF070203-09 – Acknowledge the report from the Finance Officer on the number of malt beverage licenses available for video lottery.

82.       No. LF061103-12R – Authorize Mayor and Finance Officer to sign Agreement with Robert Grimm and Donald Grimm.

83.       Request staff to set a hearing on revocation of Pettyjohn Housemoving license for August 4, 2003 , and to so notify Mr. Pettyjohn.

84.       No. LF070203-10 – Approve the following Abatement/Refund: Daniel L. Ostendorf, 2000, $449.10; Daniel L. Ostendorf, 2001, $435.76;  Approve the Following Abatement:  Daniel L. Ostendorf, 2002, $461.60.

85.       Approve the following Licenses:  Central Station Service:  All-Guard Alarm Systems, Inc., d/b/a Grand Central Station, Denis Cooke; Electrical Apprentice:  Chad R. Afrank, Jeff Christensen, Steve House, Aaron Myers, Brian Whiteaker; Journeyman Electrician:  William Parradis; Master Electrician:  Curtis Beatty; Residential Contractor:  Lantis Construction, Mark Lantis; Select Construction, Jeremy Muth; Sewer & Water Installer Journeyman:  James Lester, Ronnie Moross; Trenching Journeyman:  Marcus Cleberg, John Cooper, Nicholas Derby, Jesse Lilleskov, Rachael Moore, Justin Haider  

Raffle

86.       No. CC070703-03 – Notification from Muscular Dystrophy Association of their intent to conduct a raffle August 2nd through August 9th, 2003 .  

Planning Department Consent Items

87.       No. 03AN007 - A request by Davis Engineering, Inc. for Verlyn and Cindy Bourne for a Petition for Annexation on Lot B less the west two feet located in the SW1/4 SW1/4 of Section 20, T2N, R7E, BHM, Pennington County , South Dakota , located at 5511 Hidden Valley Lane .  

88.       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.  

89.       No. 03PL059 - A request by Dream Design International for Doyle Estes (DTH LLC) for a Final Plat on Lots 1-15 and Outlot C, Block 2; Lots 1-5 and Lots 8-12, Block 3; Lots 18-29 and Outlot B, Block 4, Northbrook Village, all located in the SE1/4 SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SE1/4 SE1/4 less Northbrook Village and Less Right-Of-Way, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Viking Drive, Titan Drive and Milehigh Avenue.  

90.       No. 03PL061 - A request by Richard and Gladys Bray for a Layout Plat on Lots A and B of Lot 3, Feay Reder Subdivision, located in the NE1/4 Section 36, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot B of Lot 3, Feay Reder Subdivision located in the NE1/4 Section 36, T1N, R6E, BHM, Pennington County, South Dakota, located at 9470 Sheridan Lake Road.  

91.       No. 03PL062 - A request by Clayton Willhite for a Layout Plat on Lot 26, Block 1, Autumn Hills Subdivision, Section 22, T1N, R7E, BHM, Rapid City , Pennington County , South Dakota , located at 4935 Springtree Court .  

END OF CONSENT CALENDAR  

PUBLIC HEARING  

Public Comment on Item 92  

92.       Public Hearing on Intent of the City of Rapid City to construct a new 3.5 MG water storage reservoir (tank), water transmission main, and related appurtenances near the southwest edge of the City (State Revolving Fund loan for Red Rocks Water Storage Reservoir Project W03-1184)  

PLANNING DEPARTMENT - HEARINGS  

Public Comment on Items 93-97  

93.       No. 03CA014 - A request by Davis Engineering, Inc. for Verlyn and Cindy Bourne for an Amendment to the Comprehensive Plan to change the future land use designation on a 2.7 acre parcel of land from Industrial to Low Density Residential on Lot B less the west two feet located in the SW1/4 SW1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located at 5511 Hidden Valley Lane.  

94.       No. 03CA015 - A request by DLK Engineering for DTJ, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 12.89 acre parcel of land from Residential to General Commercial with a Planned Commercial Development on a parcel of land described by metes and bounds as beginning at the SE Section Corner of Section 7, T1N, R8E, BHM; thence N89º32'15"W a distance of 639.26 feet more or less; thence N00º00'35"W a distance of 50 feet more or less to the True Point of Beginning; this point is the common corner of the South East corner of Lot 2 Fellowship Addition and the South West corner of the remaining balance of Lot 2 Superpumper Addition; thence N00º00'35"W a distance of 610.83 feet more or less; thence N89º29'15"W a distance of 22.78 feet more or less; thence N00º02'07"E a distance of 330.81 feet more or less; thence S89º37'12"E a distance of 611.89 feet more or less; thence S00º01'35"W a distance of 742.35 feet more or less; thence N09º32'15"W a distance of 200.00 feet more or less; thence S00º01'35"W a distance of 200.00 feet  more or less; thence N89º32'15"W a distance of 389.26 feet to the True Point of Beginning, located north of East Fairmont Boulevard and west of South Highway 79.  

95.       No. 03CA016 - A request by Donald Douma for Atonement Lutheran Church for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Area Future Land Use Plan to change the land use designation on a 1.85 acre parcel from Low Density Residential to Office Commercial with a Planned Commercial Development on Lot 1 of Lot A of Block 6 of Northern Heights, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 522 Anamosa Street.  

96.       No. 03SV021 - A request by Dream Design International for Doyle Estes (DTH LLC) for a Variance to the Subdivision Regulations to waive the requirement for curb, gutter, sidewalk, sewer, watermain and street light conduit along West Nike Road on Lots 1-15 and Outlot C, Block 2; Lots 1-5 and Lots 8-12, Block 3; Lots 18-29 and Outlot B, Block 4, Northbrook Village, located in the SE1/4 SE1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SE1/4 SE1/4 less Northbrook Village and Less Right-Of-Way, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Viking Drive, Titan Drive and Milehigh Avenue.  

97.       No. 03VR001 - A request by TSP Three, Inc. for a Vacation of Right-of-Way Lot 10A, Block 1, Owen Mann Subdivision; 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 along Kinney Court.  

ORDINANCES & RESOLUTIONS  

Public Comment on Items 98-108  

98.       No. 03RZ015 – Second Reading, Ordinance 3932, a request by DLK Engineering for South Creek Village Limited Partnership for a Rezoning from Medium Density Residential District to General Commercial District on a parcel of land described by metes and bounds as beginning at the SE Section Corner of Section 7, T1N, R8E, BHM; thence N89º32'15"W a distance of 639.26 feet more or less; thence N00º00'35"W a distance of 50 feet more or less to the True Point of Beginning; this point is the common corner of the South East corner of Lot 2 Fellowship Addition and the South West corner of the remaining balance of Lot 2 Superpumper Addition; thence N00º00'35"W a distance of 610.83 feet more or less; thence N89º29'15"W a distance of 22.78 feet more or less; thence N00º02'07"E a distance of 330.81 feet more or less; thence S89º37'12"E a distance of 261.89 feet more or less; thence S00º01'35"W a distance of 942.35 feet more or less; thence N89º32'15"W a distance of 239.26 feet more or less to the True Point of Beginning, located northwest of the intersection of Cambell Street and Fairmont Boulevard.  

99.       No. 03RZ017 – Second Reading, Ordinance 3938, a request by FMG, Inc. for Bypass LLC for a Rezoning from General Agriculture District to General Commercial District on that part of the NE1/4 of Section 28, T2N, R8E, BHM, Pennington County, South Dakota, that lies within the following description: Commencing at a point along the east section line of Section 28, said point being 607.94 feet south of the NE corner of Section 28; thence S00º01'17"E, 1106.92 feet to a point along the east section line of Section 28; thence S89º58'15"W, 399.77 feet to a point; thence N00º01'45"W, 1107.46 feet to a point; thence S89º57'07"E, 399.92 feet to a point along the east section line of Section 28, said point being 607.94 feet south of the NE corner of Section 28 at the point of beginning, located north and west of the intersection of I-90 and Elk Vale Road.  

100.    No. 03RZ019 - Second Reading, Ordinance 3947, a request by Donald Douma for Atonement Lutheran Church for a Rezoning from Low Density Residential District to Office Commercial District on Lot 1 of Lot A, Block 6, Northern Heights Subdivision, Section 25, T2N R7E, BHM, Rapid City, Pennington County, South Dakota, located at 522 Anamosa Street.  

101.    No. 03RZ022 - Second Reading, Ordinance 3950, a request by Davis Engineering, Inc. for Verlyn and Cindy Bourne for a Rezoning from No Use District to Low Density Residential District on Lot B less the west two feet located in the SW1/4 SW1/4 of Section 20, T2N, R7E, BHM, Pennington County, South Dakota, located at 5511 Hidden Valley Lane.  

102.    No. LF061103-13 – Second Reading , Ordinance 3951 entitled An Ordinance Modifying the Regulation of Signs within the City of Rapid City by Amending Sections 15.28.050, 15.28.060, 15.28.080, 15.28.120, 15.28.160, 15.28.250, and 15.28.270 of the Rapid City Municipal Code.  

103.    No. 03RZ023 – Second Reading, Ordinance 3952, a request by Robert Stiehl for a Rezoning from Neighborhood Commercial District to General Commercial District on Lots 1 and 2 of Tract A; the balance of Tract A; and Tract B, all located in Robbinsdale #7 Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 402 E. Fairmont Boulevard.  

104.    No. LF070203-05 – First Reading , Ordinance 3953 entitled An Ordinance Establishing the Department of City Infrastructure by Repealing Chapter 2.28 of the Rapid City Municipal Code and Adding Chapter 2.46 to the Rapid City Municipal Code.  

105.    No. LF070203-06 – First Reading , Ordinance 3954 entitled An Ordinance Establishing the Department of City Operations by Adding Chapter 2.44 to the Rapid City Municipal Code.  

106.    No. LF070203-07 – First Reading , Ordinance 3955 entitled An Ordinance Establishing the Department of Growth Management by Adding Chapter 2.47 to the Rapid City Municipal Code.

107.    No. LF070203-08 – First Reading , Ordinance 3956 entitled An Ordinance Establishing the Department of Parks and Recreation by Adding Chapter 2.89 to the Rapid City Municipal Code.

108.    No. 03RZ024 - First Reading, Ordinance 3957, a request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District the unplatted balance of the NW1/4 SE1/4 less Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of South Pitch Drive and Elmer Street.  

LEGAL & FINANCE COMMITTEE ITEMS  

Public Comment on Items 109-110  

109.    No. LF070203-02 – Amended Financial Interest Form for municipal candidates  

110.    Direction to draft ordinance requiring Statement of Financial Interest to be Applied to Department Heads (Recommendation to Deny)

111.    No. LF070203-04 – Approve Resolution Declaring Property Surplus.

112.    Request for Impact Fee Waiver at 224 East College, Dale & Leah Lutheran (Recommendation to deny)  

PUBLIC WORKS COMMITTEE ITEMS  

Public Comment on Items 111-121  

113.    Dunham Estates Water Impact Fee issue, George Dunham.

114.    No. PW070103-12 – Authorize Mayor and Finance Officer to sign Amendment No. 02 to Professional Service Agreement with Ferber Engineering to Design ST03-1006, Parkview Drive Extension Project for an amount not to exceed $7,420.

115.    No. PW070103-14 – Authorize Mayor and Finance Officer to sign Amendment No. 02 to Professional Service Agreement with Kadrmas, Lee & Jackson to Design ST02-1189, North LaCrosse/East Anamosa Intersection Improvements for an amount not to exceed $10,408.

116.    No. PW070103-15 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement with Alliance of Architects and Engineers to Design WRF02-1195, Water Reclamation Facility Waterline for an amount not to exceed $34,785.

117.    Request staff to proceed with the site selection “F” for the Red Rock Reservoir.  

118.    No. PW070103-22 - Approve a Resolution to have Mayor and Finance Officer sign the “Authorizing Resolution – Drinking Water State Revolving Fund Loan Program, Red Rock Water Storage Reservoir Project W03-1184.  

119.    No. PW070103-23 - Approve a Resolution to have Mayor and Finance Officer sign the “Certification Regarding Debarment, Suspension, and Other Responsibility Matters” for the above SRF agreement.

120.    No. PW070103-21 - Authorize Mayor and Finance Officer to sign “Drinking Water State Revolving Fund Application” form, “Certification of Drinking Water Needs Categories”; form and EPA “Pre-Award Compliance Review Report for All Applicants Requesting Federal Financial Assistance” form.

121.    East New York Street railroad crossing repair costs.

122.    No. PW070103-19 – Travel Request for Ronald Back to attend 76th Annual Technical Exhibition and Conference of the Water Environment Federation in Los Angeles, CA in the amount of $2,086.44.

123.    No. PW070103-20 – Travel Request for Daniel L. Bjerke to attend 76th Annual Technical Exhibition and Conference of the Water Environment Federation in Los Angeles , CA in the amount of $1,607.72  

FINANCE OFFICER’S REPORT  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT  

PUBLIC WORKS DIRECTOR’S REPORT  

CITY ATTORNEY’S REPORT  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADJOURN