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

August 4, 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 July 21, 2003 .  

ADOPTION OF 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. CC080403-01 Arrowhead Basin Detention Pond, Element 302, Project DR01-1126 (Opened on July 31, 2003 )  

ITEMS FROM THE MAYOR

2.         Citizen of the Month Award

3.         2012 Project Report  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – ITEMS 4-30

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

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  

Continue the following items until August 18, 2003:

4.         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.  

5.         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 .  

6.         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.  

7.         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.  

8.         No. 03AN009 - A request by the City of Rapid City for a Petition for Annexation on Lot 1 in SW1/4 Section 5 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 2 and 3 in S1/2 Section 6 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 4 and 5 in E1/2 Section 7 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot H-1 in the SE1/4 of Section 7, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 6 in NW1/4 Section 8 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 1, Lots 3, 4, 5 and 6 in the SW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 1 and 2 of the SW1/4 Section 8 and Lot 1 of SW1/4SE1/4 Section 8, all located in T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 7 of R.C. Airport Subdivision No. 1 in SW1/4, Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 6 in SE1/4 Section 8 of R.C. Airport Subdivision No. 2 in SE1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 2, Lots 2, 3, 4 & 5 in the SE1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 3, Lots 1 & 2 in the SW1/4, Section 9, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot H-1 of NW1/4, Section 16, T1N, R9E, BHM, Pennington County, South Dakota; and, All of Section 17, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 2 in SE1/4 Section 20 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, All of the N1/2 of Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot A and B of SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Section line right-of-way in the SW1/4 of Section 20 located north of Lot H-1 of Lot A in the SW1/4 of Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 3, 4, 5 & 6 in Section 21 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 5A in SW1/4SW1/4 of Section 21 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, W1/2NW1/4, NW1/4SW1/4, Pt. SW1/4SW1/4, Tracts G and H in the SE1/4NW1/4 and E1/2SW1/4, and Tract I in the SW1/4SW1/4, Section 21, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 7 and 8 in N1/2 of Section 28 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota, located north of SD Highway 44 and east of Reservoir Road.  

9.         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.  

10.       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.  

11.       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.  

12.       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.  

13.       No. 03PL030 - A request by Renner & Sperlich Engineering Co. for Gordon Howie for a 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.  

14.       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.  

15.       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.  

16.       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.  

17.       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.  

18.       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.  

19.       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.  

20.       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.  

21.       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.  

22.       No. 03PL063 - A request by Fisk Land Surveying and Consulting Engineers for Dakota Land Development for a 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.  

23.       No. 03PL067 - A request by FMG, Inc. for Bypass LLC for a Preliminary Plat on Lots 1 through 9 of Block 1, Lots 1 through 3 of Block 2, Lots 1 through 6 of Block 3, all of I-90 Heartland Business Park, and dedicated public right-of-way shown on Elk Vale Road, Seger Drive, Taggart Road and Galt Court 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.  

24.       No. 03PL068 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 10-12, Block 4; Lots 1-11, Block 17; Lots 12-22, Block 15; Lots 3-5, Block 16 of Big Sky Subdivision and dedicated Elmer Street, Aurora Drive, Carl Avenue and Major Drainage Easements located in the N1/2NW1/4SE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as 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.  

25.       No. 03PL069 - A request by Renner & Sperlich Engineering for Thomas J. Farrar for a Preliminary and Final Plat on Lots 6A and 6B of Block 2, Century Park Subdivision located in E1/2 of SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, south Dakota, legally described as Lot 6 of Block 2 of Century Park Subdivision located in E1/2 of SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, south Dakota, located along Samco Road.  

26.       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.  

27.       No. 03SV024 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water  as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Block 1, Lazy P-6 Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as NW1/4 NW1/4 NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the southeast quadrant of the current Parkview Drive terminus.  

28.       No. 03SV026 - A request by Richard and Gladys Bray for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code along the section line highway and Sheridan Lake Road on 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.  

29.       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.  

Continue the following items until September 2, 2003:

30.       No. 02PL083 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1 thru 4, Block 1, Lots 1 thru 9, Block 2, and Outlot A and Dedicated Streets, Neff Subdivision II, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the NW1/4 of the SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located the cul-de-sacs at the west end Sweetbriar Street and Avenue A.  

31.       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.  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSES APPLICATIONS

Hearings:

32.       Rapid City Area Chamber of Commerce, Special Malt Beverage License to be used on September 8, 2003 at 3030 Lange Ranch Road (Black Hills Harley Davidson) for the Chamber Mixer

33.       Rapid City Area Chamber of Commerce, Special Wine License to be used on September 8, 2003 at 3030 Lange Road (Black Hills Harley Davidson) for the Chamber Mixer

34.       Rapid City Area Chamber of Commerce, Special Malt Beverage License to be used on October 14, 2003 at 615 Twelfth Street (Skyline Engineering) for the Chamber Mixer

35.       Rapid City Area Chamber of Commerce, Special Wine Beverage License to be used on October 14, 2003 at 615 Twelfth Street (Skyline Engineering) for the Chamber Mixer

36.       Li Zhu Zhu dba Hong Kong Buffet, 927 E. North Street , for an On-Off Sale Malt Beverage License (New License – No Video Lottery)  

Set for Hearing ( August 18, 2003 )

37.       Rapid City Fine Arts Council, Inc. dba Dahl Arts Center, 713 Seventh Street, for a Special Wine License to be used on August 26, 2003 at the Art Museum at the Dahl Center

38.       Rapid City Fine Arts Council, Inc. dba Dahl Arts Center, 713 Seventh Street, for a Special Beer License to be used on September 12, 2003 at the Art Museum at the Dahl Center

39.       Rapid City Fine Arts Council, Inc. dba Dahl Arts Center, 713 Seventh Street, for a Special Wine License to be used on September 12, 2003 at the Art Museum at the Dahl Center  

CONSENT CALENDAR ITEMS – 40-76  

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 ( September 2, 2003 )

40.       No. 03VR008 - A request by Jaaron Johnson for a Vacation of Right-of-Way on a portion of the Fairview Street Right-of-Way adjoining Lot 12 in Block 31 and Lot 1 in Block 42 of Boulevard Addition, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1221 12th Street.  

Public Works Committee Consent Items

41.       No. PW072903-01 – Refer the request by Pat Hall for an Exception to Street Design Criteria Manual for Lot 13R1, Block 3, Skyline Pines Subdivision, to the August 12, 2003 Development Appeals and Review Board meeting.

42.       No. PW072903-04 – Approve a request by petitioner Richard Stahl to waive sidewalk requirements at 913 West Street .

43.       Request the City Attorney’s Office work with City staff to gather information to support the claim on the Elk and Black Fox Drive intersection; and draft correspondence to Pennington County requesting affirmative action on the problem.

44.       Request staff to continue work on the Standardize Event Form.

45.       No. PW072903-05 – Approve Change Order No. 01 for N. LaCrosse/E. Anamosa Intersection Improvements Project No. ST02-1189 to Heavy Constructors, Inc. for an increase of $10,798.49.

46.       No. PW072903-06 – Approve Change Order No. 01F for CoCompost Facility Paving Project No. SWO02-1239 to Hills Materials Company for a decrease of $932.82.

47.       No. PW072903-07 – Rodriguez moved, second by Kroeger to Authorize staff to advertise for bids for Water and Sewer Reconstruction, Southeast Connector Road-Hwy 79 Project No. SSW02-1137.

48.       No. PW072903-08 – Authorize staff to advertise for bids for 8th Street Watermain Extension Project W03-1308.

49.       No. PW072903-14 – Authorize staff to advertise for bids for Northeast Area Sanitary Sewer Interceptor, Phase 1 Project.

50.       No. PW072903-10 – Authorize Mayor and Finance Officer to sign South Dakota Department of Transportation Maintenance and Financial Agreement for Traffic Signals for ST03-1298, East North and Cambell Pedestal Pole Replacement Project.

51.       No. PW072903-12 – Deny an Impact Fee Waiver for 1111 Holcomb Avenue , Jonathan Deyoe.

52.       Authorize Mayor and Finance Officer to sign a contract extension with Henry Mott, South Dakota School of Mines and Technology to conduct the Cocomposting of MSW and Residual Digested Wastewater Biosolids for an amount not to exceed $9,000.

53.       Declare the replacement of the Water Reclamation Facility sludge Pond Line as an emergency project.  

Legal & Finance Committee Consent Items

54.       No. LF073003-01 – Authorize Mayor to sign Memorandum of Joint Powers Agreement between the City of Rapid City, South Dakota and The Office of History, State of South Dakota.

55.       No. LF073003-02 – Request that staff to proceed with researching the possibility of acquiring the Otto’s Service Center site and building located at the northwest corner of the Omaha Street and I-190 intersection, including a dollar amount and the appraised value, and bring that information back to the August 13, 2003, Legal and Finance Committee meeting.

56.       No. LF073003-06 – Authorize Mayor and Finance Officer to sign Temporary Public Access Easement – Howard Street .

57.       Authorize City to accept Quit Claim Deeds for an H Lot regarding Disk Drive Extension.

58.       Refer the structures in the right of way ordinance to the Ordinance Review Committee for review and recommendation regarding adding language to authorize the Council to grant a waiver under some circumstances.

59.       Approve the Mayor’s appointment of Gary Brown and Sam Brannan to the Planning Commission for a term to expire July 1, 2006 .

60.       Approve the Mayor’s appointment of the following individuals to the Adult Oriented Business Committee for one year:  Elizabeth Kraus, Wayne Williams, Mark Biggs, Dan Turner, Thomas Holway, Tom Murphy, Jean French, and Rick Kriebel (Chairman).  The Adult Oriented Business Committee will be an ad hoc committee.

61.       Authorize staff to purchase 15 L3 Communications Mobile Vu Display System at a cost of $64,080 (funds to come from Local Law Enforcement Block Grant.

62.       Authorize staff to purchase 26 L3 Communication Pentax Printer and Armrest Printer Containers at a cost of $15,933 (funds to come from Local Law Enforcement Block Grant).

63.       No. LF073003-07 – Approve Travel Request for staff to attend on-site HazMat Training with SensIR Technologies in the Amount of $3,500.

64.       Authorize Mayor and Finance Officer to sign Intercept Agreement with Jones County and Bennett County .

65.       No. LF073003-08 – Authorize Mayor to execute the U.S. Department of Housing and Urban Development Funding Approval/Agreement for Grant No. B-03-MC-46-0002 in the amount of $614,000.

66.       No. LF073003-09 – Bring back to Council the request for tax deed property on Saint Patrick Street after the easements have been recorded.

67.       No. LF073003-13 – Request the Adult Oriented Business Committee to look at the 1,000 foot buffer on land available for adult oriented businesses and report back to this Committee in one month.

68.       Authorize staff to go out for Request for Proposals for City’s health care plan.

69.       Approve the following licenses: House Moving Business: James Anderson, dba A+ Quality Painting; Plumber: George Aufdengarten, Doug Brown; Plumbing Contractor: Doug VanDierendonck; Residential Contractor:  Dana Schulz Construction LLC, Dana or Krysti Schulz; Schwandt Construction, Jim Schwandt; Sewer & Water Installer Contractor: Cameron G. Miller, Miller Construction.   

Planning Department Consent Items

70.       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.  

71.       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.  

72.       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.  

73.       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.  

74.       No. 03PL074 - A request by William Marx for a Final Plat on Lot A and Lot B of Block B, Canyon Lake Heights Subdivision, located in the NE1/2 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 NE1/2 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4730 Cliff Drive.  

Raffle

75.       No. CC080403-04 – Notification from Behavior Management Systems, Inc. of their intent to conduct a raffle at the Sixth Annual Festival of Trees, November 21-22, 2003 at the Rushmore Plaza Civic Center.

76.       No. CC080403-07 – Notification from Blessed Sacrament Church of their intent to sell raffle tickets/door prizes on September 7, 2003 during a Fund Raising Concert  

END OF CONSENT CALENDAR  

Public Comment on Items 77-79  

PUBLIC HEARINGS  

77.       No. CC080403-08 - Hearing on Revocation of Housemoving License for Ted Pettyjohn  

78.       Proposed Issuance by the City of Spearfish , South Dakota , of an Economic Development Revenue Bond in a Principal Amount Not to Exceed $3,000,000, to Provide Financing for a Project Portions of Which are Located in the City of Rapid City , All Pursuant to a Joint Powers Agreement and At the Request of Behavior Management Systems, Inc.  

79.       No. CC080403-05 – Resolution of Necessity for Heidiway Lane Sanitary Sewer Extension Project No. SS01-1061  

Public Comment on Items 80-85  

PLANNING DEPARTMENT - HEARINGS

80.       Authorize Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, water and sidewalk along Cliff Drive and Miracle Place as it abuts 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. (03SV001)  

81.       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.  

82.       Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, and to improve pavement along Elk Vale Road as it abuts 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. (03SV016)  

83.       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.  

84.       Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highway as it abuts the unplatted portion of the N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Subdivision; 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. (03SV025)  

85.       No. 03SV025 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the section line highway as per Chapter 16.16 of the Rapid City Municipal Code on the unplatted portion of the N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Subdivision; 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.  

Public Comment on Items 86-92  

ORDINANCES & RESOLUTIONS  

86.       No. LF073003-12 – First Reading , Ordinance 3960 Regarding Sales Tax.  

87.       No. CC080403-06 – First Reading , Ordinance 3961 entitled, An Ordinance Relating to Parking Improvements, Amending and Supplementing Ordinance No. 3399 for the purpose of Authorizing the Issuance and Sale of Parking Revenue Refunding Bonds and the Execution and Delivery of Certain Documents Relating Thereto.  

88.       No. 03OA003 – First Reading, Ordinance 3962, entitled An Ordinance Amending Sections 17.14.020 and 17.14.03 to allow microcell cellular communication facilities as defined in Section 17.04.483 on buildings greater than or equal to 45 feet or five stories in a High Density Residential Zoning District.  

89.       No. 03OA005 – First Reading, Ordinance 3963, entitled An Ordinance Amending Chapter 100 to create Temporary Zoning Controls for an Airport Zoning District on Lot 1 in SW1/4 Section 5 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 2 and 3 in S1/2 Section 6 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 4 and 5 in E1/2 Section 7 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot H-1 in the SE1/4 of Section 7, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 6 in NW1/4 Section 8 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 1, Lots 3, 4, 5 and 6 in the SW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 1 and 2 of the SW1/4 Section 8 and Lot 1 of SW1/4SE1/4 Section 8, all located in T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 7 of R.C. Airport Subdivision No. 1 in SW1/4, Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 6 in SE1/4 Section 8 of R.C. Airport Subdivision No. 2 in SE1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 2, Lots 2, 3, 4 & 5 in the SE1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 3, Lots 1 & 2 in the SW1/4, Section 9, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot H-1 of NW1/4, Section 16, T1N, R9E, BHM, Pennington County, South Dakota; and, All of Section 17, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 2 in SE1/4 Section 20 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, All of the N1/2 of Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot A and B of SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Section line right-of-way in the SW1/4 of Section 20 located north of Lot H-1 of Lot A in the SW1/4 of Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 3, 4, 5 & 6 in Section 21 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 5A in SW1/4SW1/4 of Section 21 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, W1/2NW1/4, NW1/4SW1/4, Pt. SW1/4SW1/4, Tracts G and H in the SE1/4NW1/4 and E1/2SW1/4, and Tract I in the SW1/4SW1/4, Section 21, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 7 and 8 in N1/2 of Section 28 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota, located at the Rapid City Regional Airport.  

90.       No. 03RZ025 – First Reading, Ordinance 3964, a request by Donald Ritchie for a Rezoning from Park Forest District to Medium Density Residential District on Lots 1 thru 3 of Tract 9, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of Franklin Street and First Street.  

91.       No. 03RZ026 - First Reading, Ordinance 3965, a request by Donald Ritchie for a Rezoning from Park Forest District to Medium Density Residential District on Lot 7 of Tract 9, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the intersection of Franklin Street and First Street.  

92.       No. 03RZ027 - First Reading, Ordinance 3966, a request by Donald Ritchie for a Rezoning from Park Forest District to Medium Density Residential District on Bellview Tract A of Flormann Addition, lying south of Signal Drive, City of Rapid City, Pennington County, South Dakota, Section 1, T1N, R7E, BHM,  Pennington County, South Dakota, located at 424 St. Cloud Street.  

Public Comment on Items 93-101  

LEGAL & FINANCE COMMITTEE ITEMS

93.       No. LF073003-04 – Authorize Mayor and Finance Officer to sign Loan and Infrastructure Development Agreement with Hendersons .  

94.       No. LF073003-05 – Authorize Mayor and Finance Officer to sign Cost Sharing Agreement between 5 Star Real Estate, Inc. and City of Rapid City .  

95.       Discussion on a long-term lease/lease back proposal regarding the wastewater treatment plant to Council as an informational item for further direction.  

96.       Discussion regarding extension of length of term for Mayor from 2 years to 4 years.  

97.       Discussion regarding extension of length of term for Council members from 2 years to 3 years.  

98.       Recommendation on proposals for short term billing services for EMS Services  

99.       No. LF073003-10 – Approve Resolution Giving Host Approval to Rapid City Project Being Undertaken by Behavior Management Systems, Inc. and Issuance of Revenue Bond by City of Spearfish to Provide Financing Therefor, Pursuant to Joint Powers Agreement.  

100.    No. LF073003-11 – Authorize Mayor and Finance Officer to Sign Joint Powers Agreement with City of Spearfish .  

101.    Intergovernmental request for lease of weed machine for use at Legion Lake .  

Public Comment on Items 102-108  

PUBLIC WORKS COMMITTEE ITEMS  

102.    Request that Harmony Heights Associates LLP come into compliance with the ordinance regarding the stone landscaping walls on Harmony Heights Lane .  

103.    No. PW072903-03 – Deny a request by petitioner Jerry Davis to place a retaining wall in the public right-of-way at 1131 Highland Park Drive ; and request petitioner to pursue vacation of the right-of-way.

104.    No. PW072903-09 – Authorize Mayor and Finance Officer to sign Black Hills Power and Light Company Application for PAL Light for installation at east end of Centennial Street .

105.    No. PW072903-13 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement with CETEC Engineering Services, Inc. to Design Southeast Connector (N) – I90 to Hwy 44 for an amount not to exceed $6,113.52.  

106.    No. PW072903-11 – Authorize Mayor and Finance Officer to sign Professional Service Agreement with HKM Engineering and Rustnot Corrosion Control Services for Corrosion Study for City Metallic Transmission Mains Project No. W03-1312 for an amount not to exceed $97,500.  

107.    Request for an Impact Fee Waiver for 409 East Watertown Street for Black Hills Area Habitat for Humanity.

108.    Authorize staff to proceed with the annexation and amending the TIF; and to proceed with design of the Red Rocks Water Storage Reservoir at Site “E”; and place this item on the August 12, 2003 Public Works Committee agenda for further discussion.  

FINANCE OFFICER’S REPORT  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT

109.    No. CC080403-03Event Permit for the Central States Fair Parade to be held on Saturday, August 16, 2003 at 11:00 A.M.  

PUBLIC WORKS DIRECTOR REPORT  

CITY ATTORNEY’S REPORT  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADDENDUM

110.    No. PW071503-11 - Authorize staff to advertise for bids for East St. Louis & Waterloo Water Main Reconstruction Project W01-1084

ADJOURN