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

August 18, 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 – Correct the Minutes of July 7, 2003 , Page 4, by changing “CIP”  to “Legal & Finance" Committee as the filtering entity; and Approve the minutes of July 21 and August 4, 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.  

1.         Dan Island – Explanation of new Fair Share Program at the Cornerstone Rescue Mission  

2.         Hazel Bonner – Report on status of land in Sioux Addition  

BID OPENINGS

3.         No. CC081803-02 – Miscellaneous Improvements Project MIP03-1236 (Opened on August 14, 2003 )  

ITEMS FROM THE MAYOR

4.         Veteran of the Month Award  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

5.         Runaway truck ramp on Hwy 16 near Echo Ridge Drive - Kooiker, Hadley and French  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – Items 6-27

            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 September 2, 2003:

6.         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.  

7.         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 .  

8.         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.  

9.         No. 02PL116 - A request by Dream Design International, Inc. for a 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.  

10.       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.  

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. 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.  

17.       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.  

18.       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.  

19.       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.  

20.       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.  

21.       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.  

22.       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.  

23.       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.  

24.       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.  

25.       No. 03TI009 - A request by Dream Design International for a Resolution Creating Tax Increment District No. 42 on in the NE1/4NE1/4 less ROW, GL2, SW1/4NE1/4, N1/2GL3, GL 4 less ROW, E1/2SW1/4NW1/4, S1/2GL3 less Big Sky Subdivision, SE1/4NW1/4 less Big Sky Subdivision, W1/2SW1/4NW1/4 including private Drive and less ROW, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 and Lot 8 including ROW, Block 13, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 2, 3, 4, and 5 including ROW, Block 14, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, NE1/4SE1/4, NW1/4SE1/4, SW1/4SE1/4, SE1/4NW1/4, SW1/4NW1/4 less ROW, N1/2SW1/4 less ROW, S1/2SW1/4 less Lot 1 of Neff Subdivision #3 less ROW, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1, Neff Subdivision #3, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in SW1/4NW1/4, Lot H2 in SW1/4NW1/4, Lot H1 in W1/2SW1/4, Lot H2 in N1/2W1/2SW1/4, and Lot H3 in S1/2SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in N1/2 of Government Lot 4, Lot H3 in S1/2 of Government Lot 4, Lot H2 in W1/2SW1/4NW1/4, Lot H1 in NW1/4NW1/4, and Lot H1 in SW1/4NW1/4, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in E1/2NE1/4, Lot H2 in E1/2NE1/4, Lot H2 in E1/2SE1/4, and Lot H1 in SE1/4, all located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in NE1/4, and Lot H2 in Government Lot 1 and the SE1/4NE1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4NE1/4, Section 33, and SW1/4NW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4, Section 33 and SW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road between NE1/4 of Section 4 and NW1/4 of Section 3, all in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Homestead Drive and Degeest Street rights-of-way, located in the NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Twilight Drive.  

26.       No. 03TI010 - A request by Dream Design International for a Tax Increment District No. 42 - Project Plan on in the NE1/4NE1/4 less ROW, GL2, SW1/4NE1/4, N1/2GL3, GL 4 less ROW, E1/2SW1/4NW1/4, S1/2GL3 less Big Sky Subdivision, SE1/4NW1/4 less Big Sky Subdivision, W1/2SW1/4NW1/4 including private Drive and less ROW, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 and Lot 8 including ROW, Block 13, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 2, 3, 4, and 5 including ROW, Block 14, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, NE1/4SE1/4, NW1/4SE1/4, SW1/4SE1/4, SE1/4NW1/4, SW1/4NW1/4 less ROW, N1/2SW1/4 less ROW, S1/2SW1/4 less Lot 1 of Neff Subdivision #3 less ROW, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1, Neff Subdivision #3, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in SW1/4NW1/4, Lot H2 in SW1/4NW1/4, Lot H1 in W1/2SW1/4, Lot H2 in N1/2W1/2SW1/4, and Lot H3 in S1/2SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in N1/2 of Government Lot 4, Lot H3 in S1/2 of Government Lot 4, Lot H2 in W1/2SW1/4NW1/4, Lot H1 in NW1/4NW1/4, and Lot H1 in SW1/4NW1/4, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in E1/2NE1/4, Lot H2 in E1/2NE1/4, Lot H2 in E1/2SE1/4, and Lot H1 in SE1/4, all located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in NE1/4, and Lot H2 in Government Lot 1 and the SE1/4NE1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4NE1/4, Section 33, and SW1/4NW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4, Section 33 and SW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road between NE1/4 of Section 4 and NW1/4 of Section 3, all in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Homestead Drive and Degeest Street rights-of-way, located in the NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Twilight Drive.  

27.       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 3960 Corral Drive.  

End of Continued Items Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings:

28.       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

29.       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

30.       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

 Set for Hearing (None)  

CONSENT CALENDAR ITEMS – 31-62  

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 15, 2003 )

31.       No. 03VR009 - A request by Dream Design International, Inc. for a Vacation of Right-of-Way on Lots 1 thru 3 of Block 7 of Schnasse Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 225 East Watertown Street.  

Public Works Committee Consent Items

32.       Grant an Exception to the Street Design Criteria Manual at the request of Jerry Roper, McDonald’s Corporation – 2223 West Main Street, as follows: Allow three approaches to 2223 West Main, McDonald’s Restaurant as follows: west approach as an entrance only; east approach as an exit with right turn only; and an approach on Dakota Drive.

33.       Granting Exceptions to the Design Criteria Manual – Request that staff prepare an ordinance to establish the criteria for granting exceptions to the criteria manual; and set out a specific appeal process so that the rules are clearly set; and set a hearing before the Planning Commission on these modifications.

34.       Request that staff work with Jim Johnson, 3602 Ridge Drive regarding his request for assistance with the removal of dead trees that were the result of magnesium chloride being sprayed on the street, and bring a recommendation forward at the August 26, 2003 Public Works Committee meeting.

35.       No. CC080403-01 – Approve the bid award of Arrowhead Basin Detention Pond Element 302 Project DR01-1126 to the bidder meeting specifications, Lind Exco, Inc. for the low unit prices bid for a total contract amount of $481,413.83.

36.       No. PW081203-04 – Authorize Mayor and Finance Officer to sign a South Dakota Department of Transportation Agreement for PP 8052(43) PCEMS 4859, East St. Charles Street .

37.       No. PW081203-05 – Authorize Mayor and Finance Officer to sign a United States Department of the Interior USGS Joint Funding Agreement for Water Resources Investigations for September 1, 2003 to September 30, 2004 in the amount of $104,000.

38.       No. PW081203-09 – Approve Resolution Setting Time and Place for Hearing ( September 15, 2003 ) on Assessment Roll for Sidewalk Improvements Project SWK02-1139.

39.       8th Street Traffic Signal - St. Patrick Street and Cathedral Drive – Request staff to conduct a traffic study on 8th Street between St. Patrick Street and Cathedral Drive, and bring forward those findings at the October 14, 2003 Public Works Committee meeting.

40.       No. PW081203-10 – Approve an expenditure in the amount of $2,875 for installation of a capacitor bank at the Roosevelt Ice Arena.

41.       No. PW081203-11 – Request staff to seek Requests for Proposals for Landfill Gas Monitoring.

42.       No. PW081203-12 - Cost of water meter reads – Request staff to proceed with the automatic radio read system.

43.       No. 03FV006 – Approve with stipulations a Fence Height Exception for petitioner Dream Design International, Inc. for Chase LP II to allow an eight foot high fence on Lots 1-3, Block 7 of Schnasse Subdivision, Section 31, T2N, R8E, BHM, Rapid City , Pennington County , South Dakota , located at 225 East Watertown Street .

44.       No. 03RD007 – Approve a request by the City of Rapid City for a Resolution changing that portion of the road named Mount Rushmore Road North to Mount Rushmore Road between the intersection of Omaha Street and Mount Rushmore Road North and the intersection of Allen Street and Mount Rushmore Road North .

45.       No. 03VE005 – Approve a Vacation of a portion of a 33 foot wide Private Access Easement for petitioner Dream Design International for Art Janklow 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.

46.       No. 03VE007 – Approve with stipulations a Vacation of Utility and Minor Drainage Easements for petitioner Gail Neill on Lot 4 in Block 2 of Twilight Hills Subdivision No. 2, Section 2, T1N, R8E, BHM, Pennington County , South Dakota , located at 1819 Heart Court .

47.       No. 03VE008 – Approve a Vacation of Note for petitioner Elton Bierman on Plat on Lots A and B of Lot 1, Cambell Square Addition, Section 5, T1N, R8E, BHM, Rapid City , Pennington County , South Dakota , being located at 1502 East Centre Street .  

Legal & Finance Committee Consent Items

48.       Approve Changes to Agreement with State Wildland Suppression Division for Wildland Fire Services (Previously Approved and Reviewed by City Attorney’s office).

49.       Direct staff to work with the Recreation Advisory Board to develop an amendment to the Ordinance that established the Director of Golf to revert back to having a contract golf pro.

50.       Direct staff to move forward in obtaining additional information regarding the Proposed Construction of an Additional Cart Barn at Meadowbrook Golf Course to bring information back to the Legal and Finance Committee.

51.       Request that staff move forward in obtaining additional information regarding the LaCroix Links Golf Course Lease and bring information back to the Legal and Finance Committee; and that staff provide the Council with a copy of the draft lease prepared by the City Attorney’s Office.

52.       No. 03TP004 Authorize Mayor and Finance Officer to Sign Intelligent Transportation Systems Master Plan Amendment No. 1, No-Cost Time Extension.

53.       No. 03TP005Authorize Mayor and Finance Officer to Sign Jackson Boulevard Extension Infrastructure Assessment, Alignment Identification and Environmental Assessment Contract Extension.

54.       No. LF081303-02 – Approve a Resolution Establishing Change Fund.

55.       No. LF081303-03 – Approve a Resolution to Amend the Non-Union Pay Plan to Change the Title and Salary of Weed and Seed Coordinator to Weed and Seed Site coordinator.

56.       No. LF081303-11 – Approve the Resolution to Amend the Non-Union Pay Plan to Change the Title and Salary of Resource Coordinator – Weed and Seed.

57.       Authorize Mayor and Finance Officer to sign an agreement with Casey Peterson and Associates for temporary EMS Billing Services.  Second by Murphy.

58.       No. LF081303-15 – Authorize Mayor and Finance Officer to Sign Contract for Private Development Tax Increment District Number Thirty-Nine between A/R Group, Inc. and City of Rapid City .

59.       Approve the following licenses: Commercial Refuse Collector:  Donna Salomon, Salomon Sanitation; Mechanical Contractor: Allen Daly, Geo-Aire, Inc.; Wade Shorb, Geo-Aire, Inc.; Plumber: Keith R. Harrison; Plumbing Apprentice: Vincent H. Potter.

60.       Request that the Mayor appoint a Task Force to review RFPs received on leasing/purchasing City property located on Wood Avenue and Maple Street .  

Planning Department Consent Items

61.       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.  

62.       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.  

END OF CONSENT CALENDAR  

Public Comment on Item 63  

PUBLIC HEARINGS  

63.       No. CC081803-05Resolution Levying Assessment for Block 31-32 Alley Paving (Flormann/Sunnyside Addition) Project ST02-1233  

Public Comment on Items 64-69  

PLANNING DEPARTMENT - HEARINGS

64.       No. 03UR010 - An Appeal of the Planning Commission 's denial of a Conditional Use Permit to allow an On-Sale Liquor Establishment in a General Commercial Zoning District on Lots 11 thru 15 and the west 11 feet of Lot 16, Block 9, Schnasse Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 406 East North Street.  

65.       No. 03VR006 - A request by FMG, Inc. for Bypass LLC for a Vacation of Right-of-Way on the south 1/2 of the section line right-of-way that is located along the north side of the NE1/4 of 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.  

66.       No. 03VR007 - A request by Precision Surveying for William Marx for a Vacation of Right-of-Way on Lot 2 and the north 40 feet of Lot 3 in Block B of Canyon Lake Heights Subdivision, located in NW1/4 of Section 16, T1N, R7E, and also the area to be vacated on the common area of north and south portion of Blocks 1-5 of Chapel Lane Village Subdivision, located in NE1/4 of Section 17, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4730 Cliff Drive.  

67.       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.  

68.       Authorize 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 Sheridan Lake Road and the section line highway as it abuts 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. (03SV026)  

69.       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.  

Public Comment on Items 70-76  

ORDINANCES & RESOLUTIONS

70.       No. CC080403-06 – Second 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.  

71.       No. 03OA003 – Second Reading, Ordinance 3962, entitled An Ordinance to Allow Microcell Cellular Communications Facilities on Buildings Greater Than or Equal to 45 Feet or 5 Stories in the HDR High Density Residential Zoning District by Amending Section 17. 14.020 and Section 17.14.030 of chapter 17.14 of the Rapid City Municipal Code.  

72.       No. 03OA005 – Second 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.  

73.       No. 03RZ025 – Second 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.  

74.       No. 03RZ026 - Second 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.  

75.       No. 03RZ027 - Second 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.  

76.       No. 03OA004First Reading, Ordinance 3968 entitled An Ordinance Amending the Fee for Appeals to the Zoning Board of Adjustment by Amending Section 17.54.020(A) of the Rapid City Municipal Code.  

Public Comment on Items 77-79  

LEGAL & FINANCE COMMITTEE ITEMS  

77.       No LF073003-03 – Mike Madden – Enchanted Hills Water Board – Loan Repayment.  

78.       No. LF081303-16 – Waugh move to approve the Resolution to Establish Additional Staffing in the Finance Department.  

79.       Report from the Capital Improvement Committee  

Public Comment on Items 80-87  

PUBLIC WORKS COMMITTEE ITEMS  

80.       No. CC081803-04 - Resolution Relating to Providing Services outside the City Limits  

81.       No. 03FV004 – Request by Lund Associates, Ltd. for Pennington County for a Fence Height Exception to allow a 14 foot screening and security fence on Lots 1 thru 32, Block 97; Lots 10 thru 15, Block 98 and the vacated alley adjacent to said lots; Lots 1 thru 9 and Lots 16 thru 32, Block 98, the vacated alley adjacent to said lots, and the vacated 3rd Street adjacent to Lots 16 and 17, Block 98; all located in the Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the Pennington County Courthouse Complex.  

82.       No. PW081203-13 – Request from Dave Heard, 1302 St. Cloud , to place a retaining wall in the public right-of-way.  

83.       No. PW081203-01 – Change Order No. 02 for Omaha Street Water & Sewer Utilities and Median Beautification Project SSW02-1106 & PR02-1215 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $1,035.50.

84.       No. PW081203-02 – Change Order No. 01F for Miscellaneous Improvements Project MIP02-1153 to Simon Contractors of South Dakota for an increase of $3,570.78.

85.       No. PW081203-06 – Finding that the Impact Fee for 801 Mount Rushmore Road , JBMR, LLC does not apply.

86.       Finding that the Impact Fee for 917 West Street , Nick & Rosilee St. Nicholas does not apply.

87.       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”.  

FINANCE OFFICER’S REPORT  

EXECUTIVE SESSION

88.       Pending Litigation  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT  

PUBLIC WORKS DIRECTOR REPORT  

CITY ATTORNEY’S REPORT  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADDENDUM

89.       No. LF073003-12 - First Reading, Ordinance 3960 entitled An Ordinance to Amend the City of Rapid City’s Municipal Non-Ad Valorem Sales Tax Ordinance to Comply with the Requirements of State Law by Amending Sections 3.16.010, 3.16.020, 3.16.030, 3.16.040, 3.16.050, 3.16.060, 3.16.070, 3.16.080, 3.16.090, 3.16.100, and 3.16.110 of the Rapid City Municipal Code (No. LF073003-12.

 ADJOURN