ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVAL OF MINUTES – Approve the minutes of September 10 and September 15, 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. CC100603-01 – Knollwood Drainage Improvements Project No. DR03-1326 (Opened on October 2, 2003 )  

ITEMS FROM THE MAYOR

2.         Citizen of the Month Award  

3.         Presentation to City Council by Emory Dean Keoke and Kay Porterfield – “American Indian Contributions to the World”  

4.         2012 Project Update  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS  

5.         Report from the Journey Museum – Rodriguez, Kroeger and Waugh  

6.         Discussion on time spent by staff researching requests made by Council members.  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR - Items 7-34

            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 October 20, 2003:

7.         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.  

8.         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.  

9.         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.  

10.       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.  

11.       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.  

12.       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.  

13.       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.  

14.       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.  

15.       No. 03PL052 - A request by Dream Design International, Inc. for a 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.  

16.       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.  

17.       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.  

18.       No. 03PL068 - A request by Dream Design International, Inc. for a 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.  

19.       No. 03PL079 - A request by Renner & Sperlich Engineering for Doyle Estes for a Preliminary and Final Plat on Lot 2R and Lot BR of the Washburn Lot, located in Government Lot 4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2, less Lot H-1 of Lot 1 and 2 of the Washburn Lot, and Lot B of the Washburn Lot, located in Government Lot 4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of West Main Street and Jackson Boulevard.  

20.       No. 03PL081 - A request by Fisk Land Surveying & Consulting Engineers for Canyon Lake Church of God for a Preliminary and Final Plat on Lots 1 and 2 of  Hillsview Subdivision #2 and dedicated right-of-way, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 in SW1/4 SW1/4 of Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, less Lot H1 and H2 of said Lot 1 of the SW1/4 SW1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1829 Hillsview Drive.  

21.       No. 03PL084 - A request by Renner & Sperlich Engineering Co. for Eldene Henderson for a Preliminary and Final Plat on Lot 7R and Lot 8R of Madison's Subdivision located in the E1/2 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 7 and Lot 8 of Madison's Subdivision located in the E1/2 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along North Haines Avenue.  

22.       No. 03PL086 - A request by Dream Design International, Inc. for Coca-Cola Bottling Company of the Black Hills for a Preliminary and Final Plat on Lots 1 and 2 of Lot B of Tract 12 of S.G. Interstate Plaza Subdivision located in the S1/2 of the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Tract 12 of S.G. Interstate Plaza Subdivision located in the S1/2 of the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Coca Cola Lane on North Plaza Drive.  

23.       No. 03PL088 - A request by Dream Design International, Inc. for Sally Broucek for a Preliminary and Final Plat on Lots 1 thru 10 of Block 1 and Lots 1 thru 19 of Block 2 of Stoneridge Subdivision located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 of the S1/2 of Government Lot 4 located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Parkview Drive.  

24.       No. 03PL092 - A request by Renner and Sperlich Engineering Co. for Elks Country Estates for a Final Plat on Lot 3 of Block 11, Elks Country Estates, located in the NE1/4 of the SE1/4 Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1 of the E1/2 of Section 16 located in the NE1/4 of the SE1/4 Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Jolly Lane and LaCosta Drive.  

25.       No. 03PL093 - A request by Renner & Sperlich Engineering Company for Walgar Development Company for a Layout, Preliminary and Final Plat on Lot 20 of Block 6, and dedicated right-of-way of Wisconsin Avenue, Robbinsdale Addition No. 10, located in the NW1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SE1/4 of Section 13 located in the NW1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Wisconsin Avenue and Minnesota Street.  

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. 03SV028 - A request by Dream Design International for Doyle Estes (DTH LLC) for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, sewer, watermain and street light conduit as  per Chapter 16.16 of the Rapid City Municipal Code 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.  

28.       No. 03SV032 - A request by Dream Design International, Inc. for Coca-Cola Bottling Company of the Black Hills for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk and street light conduit along Plaza Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Lot B of Tract 12 of S.G. Interstate Plaza Subdivision located in the S1/2 of the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Tract 12 of S.G. Interstate Plaza Subdivision located in the S1/2 of the NE1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Coca Cola Lane on Plaza Drive.  

Continue the following items to November 3, 2003

29.       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.  

30.       No. 03PL089 - A request by Dream Design International, Inc. for Hank Craig for a Preliminary and Final Plat on Lots 1, 2 and 3 of Craig Estates, located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of the N1/2 of Government Lot 4,  located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along the 4200 Block of Parkview Drive.  

31.       No. 03PL090 - A request by Davis Engineering for Lyle Hendrickson for a Layout, Preliminary and Final Plat on Tract A and Tract B of Henrickson Addition, located in NW1/4 SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 9 and 11 thru 20, Block 5 and the north half of vacated East Watertown Street; Lots 3 thru 14 and the vacated alley adjacent to Lots 7 thru 14 in Block 6 and the south half of vacated Watertown Street lying north of the railroad right-of-way, and the vacated portions of Herman Street, East Madison Street and Maple Avenue all in Schnasse Addition; all located in NW1/4 SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 110 East Watertown Street.  

32.       No. 03PL091 - A request by Renner and Sperlich for Doeck, LLC for a Layout, Preliminary and Final Plat on Tracts A and B, Auburn Hills Subdivision, located in the NW1/4 of SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SW1/4 located in the NW1/4 of SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Chalkstone Drive and Auburn Drive.  

33.       No. 03SV033 - A request by Dream Design International, Inc. for Hank Craig for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, paving, sidewalk, street light conduit, sewer and water as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1, 2 and 3 of Craig Estates, located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of the N1/2 of Government Lot 4, located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along the 4200 block of Parkview Drive.  

34.       No. 03SV034 - A request by Davis Engineering for Lyle Hendrickson for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks as per Chapter 16.16 of the Rapid City Municipal Code on Tract A and Tract B of Henrickson Addition, located in NW1/4 SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 9 and 11 thru 20, Block 5 and the north half of vacated East Watertown Street; Lots 3 thru 14 and the vacated alley adjacent to Lots 7 thru 14 in Block 6 and the south half of vacated Watertown Street lying north of the railroad right-of-way, and the vacated portions of Herman Street, East Madison Street and Maple Avenue all in Schnasse Addition; all located in NW1/4 SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 110 East Watertown Street.  

End of Continued Items Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings (None)  

Set for Hearing ( October 20, 2003 )

35.       Black Hills Barbershop Chorus, for a special malt beverage license to be used on October 25, 2003 at the Knights of Columbus Hall, 910 Fifth Street  

CONSENT CALENDAR ITEMS – 36-74  

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 ( November 3, 2003 )

36.       No. 03VR010 - A request by Don Ward for Redrock Development Company LLC and Selador Ranches, Inc. for a Vacation of Section Line Highway on the west 2094.7 feet of the sixty six foot wide section line highway lying between Sections 20 and 29, T1N, R7E, BHM; the north 3175.4 feet of the sixty six foot wide section line highway lying between Sections 29 and 30, T1N, R7E, BHM; the south 200 feet of the sixty six foot wide section line highway lying between sections 19 and 20, T1N, R7E, BHM; and, the east 33 feet of the sixty six foot wide section line highway lying between Sections 19 and 30, T1N, R7E, BHM; Rapid City, Pennington County, South Dakota, located west of Red Rock Estates.  

Public Works Committee Consent Items

37.       Acknowledge the report on Cellular Towers in residential neighborhoods.

38.       No. PW093003-03 – Approve Change Order No. A2 for Roosevelt Park Site Improvements Phase 2 Project No. PR02-1208 to RCS Construction, Inc. for an increase of $4,507.

39.       No. PW093003-04 – Approve Change Order No. B02 for Roosevelt Park Pool Complex Project No. PR02-1208 to RCS Construction, Inc. for an increase of $3,649.

40.       No. PW093003-06 – Authorize staff to advertise for bids for the 1998 Bomag Trash Compactor Overhaul.

41.       No. PW093003-08 – Authorize Mayor and Finance Officer to sign a Professional Service Agreement with HKM Engineering and Rustnot Corrosion Control Services for Corrosion Study for Elm Avenue Transmission Main Project No. W03-1312 for an amount not to exceed $28,000.

42.       No. PW093003-09 – Authorize Mayor and Finance Officer to sign Dakota, Minnesota & Eastern Railroad Corporation License Agreement No. 090403 for Mount Rushmore Road 8^th Street Watermain Extension Project No. W03-1308).

43.       No. PW093003-10 – Authorize Mayor and Finance Officer to sign a Professional Service Agreement with American Engineering Testing, Inc. for Landfill Gas Analysis and Reporting, Alternate A for an amount not to exceed $17,341.38.

44.       No. PW093003-11 – Authorize Mayor and Finance Officer to sign a Professional Service Agreement with American Engineering Testing, Inc. for Landfill Methane Gas Monitoring Defining and Managing, Alternate B for an amount not to exceed $24,309.

45.       No. PW093003-12 – Authorize Mayor and Finance Officer to sign South Dakota Department of Transportation Right-Of-Way Agreements for NH 0235(01)0 PCEMS 3151.

46.       No. PW093003-13 – Authorize Mayor and Finance Officer to sign a Permanent Major Drainage Easement on Lot AR2 of Ridge Park Estates Subdivision.

47.       No. PW093003-14 – Approve an Impact Fee Waiver for 1221 12^th Street , Marybeth Ostrowski.

48.       No. PW093003-18 – Approve a request for a School Crossing Guard at the intersection of Elm Avenue/Indiana Street .

49.       No. PW093003-16 – Request staff to proceed with the TSP Three, Inc. proposed scope of services and fee estimate for the Mt. View Road watermain replacement project.

50.       Acknowledge the report on staff inspection of the intersections of West Chicago/Platt Street and Saint Joseph/Steele Avenue for landscaping/trees blocking site triangle and bring forward a recommendation within thirty days.

51.       Request staff to pursue a grant from Federal Homeland Security through Pennington County Emergency Management.

52.       No. PW093003-17 – Request staff to proceed with the use of the Information Packet for Special Events at Memorial Park.

53.       Convene the November 11, 2003 Public Works Committee meeting on November 12, 2003 after the Legal and Finance Committee meeting.

54.       Request staff to proceed with improvements to Founders Park ; and prepare an agreement addressing ownership and maintenance of the improvements.  

Legal & Finance Committee Consent Items

55.       No. LF100103-04 - Approve Mayor’s appointment of Bob Scull to the Parks & Recreation Subcommittee as a Ward 3 representative.

56.       No. LF100103-22 – Authorize Mayor and Finance Officer to sign Agreement with PAJO Properties, LLC for construction of a cart barn and parking area at Meadowbrook Golf Course.

57.       No. LF100103-05 - Authorize Mayor and Finance Officer to sign Memorandum of Understanding Extending Test Period for Modified Work Schedule.

58.       Approve Travel Request for Police Department to hold annual meeting for planning and goal setting on January 7-9, 2004 , in the amount of $500.

59.       No. LF100103-06 – Authorize Mayor and Finance Officer to sign Joint Powers Agreement between the State of South Dakota Office of Attorney General Division of Criminal Investigation, the Pennington County Sheriff’s Office and the City of Rapid City.

60.       No. LF100103-07 – Approve Travel Request for two officers to attend a two-week field training officer Train-the-Trainer Program in the approximate amount of $2,042.

61.       No. LF100103-09 – Approve Resolution Declaring Property Surplus.

62.       No. LF100103-11 – Approve Resolution to Amend the City of Rapid City Healthcare Benefit Plan – Plan Amendment No. 21.

63.       No. LF100103-13 – Approve Resolution to Amend the Non-Union Position of Director of Public Works.

64.       No. LF100103-14 – Approve Resolution to Establish the Non-Union Position of Director of Parks and Recreation.

65.       No. LF100103-15 – Approve Resolution of the City of Rapid City Authorizing Establishing a Payroll Deduction for Delta Dental.

66.       No. LF100103-16 – Approve Resolution Giving Approval to Certain Drinking Water Facilities Improvements; Giving Approval to the Issuance and Sale of a Revenue Bond to Finance, Directly or Indirectly, the Improvements to the Facilities; Approving the Form of the Loan Agreement and the Revenue Bond and Pledging Certain Revenues and Collateral to Secure the Payment of the Revenue Bond; and Creating Special Funds and Accounts for the Administration of Funds for Operation of the System and Retirement of the Revenue Bond.

67.       Approve recommendation that the City Council Allocate $25,000 from the General Fund to be used for construction of offices and meeting rooms in the lower level of Fire Station No. 6, with the understanding that these funds will be repaid from the EMS Enterprise Fund.

68.       Approve recommendation that staff be directed to move forward with the platting and selling of surplus land located adjacent to the Highway 16 Fire Station, have the property declared surplus, and authorize staff to rezone the property in accordance with the land use plan.

69.       Request staff to amend the CIP Operating Procedures as follows: delete the position of Community Development Director from the membership; add the position of Parks & Recreation Director to the membership; and change the title from Planning Director to City Growth Management Director.

70.       Request the Finance Officer to develop a funding source spreadsheet for all city projects.

71.       No. LF100103-25 – Authorize Mayor and Finance Officer to sign Consent to Assignment between Heartland Retail Center , LLC and First Western Bank.

72.       Approve the following licenses: Electrical Apprentice: Cory Fuchs, David Kindvall, Nathan Rojas; Electrical Journeyman: Timothy M. Douglas; Master Electrician: Shawn L. Wiechmann; Electrical Contractor: John Wright, Wright Electric; Mechanical Apprentice: Joshua Ryan Ebel; Mechanical Installer: Lester Miles; Plumber: Mike Hackmeister; Plumbing Apprentice: Brennen Heigh; Residential Contractor: Marvin Forkner, Forkner Contracting; Curtis G. Marcil, Kryptonite Construction.  

Planning Department Consent Items

73.       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.  

74.       No. 03PL082 - A request by Fisk Land Surveying & Consulting Engineers for Dan O'Brien for a Layout Plat on Lots 1 through 33 of Block 10 of Fairway Hills P.R.D. and dedicated Right-of-Way, located in the W1/2 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3 and a portion of Lot 3A of Fairway Hills P.R.D. and a portion of the unplatted portion, less Lot H1, of the NW1/4 SW1/4 of Section 15, T1N, R7E, BHM, located in the W1/2 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Sheridan Lake Road and Heidiway Lane and along Fairway Hills Drive.  

END OF CONSENT CALENDAR  

Public Comment on Item 75  

PUBLIC HEARING

75.       No. CC100603-02 – Resolution Levying Assessment for Miscellaneous Property Cleanup.  

Public Comment on Items 76-83  

PLANNING DEPARTMENT - HEARINGS

76.       No. 03CA018 - A request by Renner & Sperlich Engineering Company for Steve Moore for an Amendment to the Comprehensive Plan to change the future land use designation on a 1.327 acre parcel of land from Agriculture to Low Density Residential on a portion of Tract 2 of L-b of Lot L, of the NE1/4 of the SW1/4, and a portion of Lot C of Lot 2 of the SE1/4 of SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northwesterly corner of Tract 2 of Lot L-b of Lot L of the NE1/4 of the SW1/4, common to the southwesterly corner of Tract 4 of Lot L-b of Lot L of the NE1/4 of the SW1/4, common to the easterly edge of Right-of-Way of Creek Drive, and the Point of Beginning; Thence first course: N90º00'00"E, along the northerly boundary of said Tract 2, common to the southerly boundary of said Tract 4, a distance of 250.00 feet; Thence, second course: S00º00'00"E, a distance of 164.09 feet, to a point on the southerly boundary of said Tract 2, common to a point on the northerly boundary of Lot C of Lot 2 of the SE1/4 of the SW1/4; Thence, third course: S10º06'33"E, a distance of 203.45 feet, to a point on the northerly boundary of the south 200 feet of said Lot C; Thence, fourth course: N89º57'11"W, along the northerly boundary of the south 200 feet of said Lot C, a distance of 88.00 feet, to a point on the westerly boundary of said Lot C, common to the southeasterly corner of Lot B of Lot 2 of the SE1/4 of the SW1/4 and common to the northeasterly corner of Lot A of Lot 2 of the SE1/4 of the SW1/4; Thence, fifth course: N00º13'40"E, along the westerly boundary of said Lot C, common to the easterly boundary of said Lot B, a distance of 200.22 feet, to the northwesterly corner of said Lot C, common to the northeasterly corner of said Lot B; Thence, sixth course: N90º00'00"W, along the southerly boundary of said Tract 2, common to the northerly boundary of said Lot B, a distance of 218.05 feet, to the southwesterly corner of said Tract 2, common to the northwesterly corner of said Lot B, and common to the easterly edge of Right-of-Way of said Creek Drive; Thence, seventh course:  N00º00"00"E, along the westerly boundary of said Tract 2, common to the easterly edge of Right-of-Way of said Creek Drive, a distance of 123.00 feet, to the westerly corner of said Tract 2, common to a corner on the easterly edge of Right-of-Way of said Creek Drive; Thence, eighth course: N25º26'00"E, along the westerly boundary of said Tract 2, common to the easterly edge of Right-of-Way of said Creek Drive, a distance of 45.50 feet, to the northwesterly corner of said Tract 2, common to the southwesterly corner of said Tract 4, and common to the easterly edge of Right-of-Way of said Creek Drive, and the Point of Beginning, located at 1600 Creek Drive.  

77.       No. 03CA019 - A request by Walgar Development for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.823 acre parcel of land from Low Density Residential to Low Density Residential II on Lot 19, Block 2, Robbinsdale No. 9; Lot 26, Block 13, Robbinsdale No. 8; Lot 42, Block 11, Robbinsdale No. 8; all located in Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Sitka Street.  

78.       No. 03CA020 - A request by Walgar Development for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.21 acre parcel of land from Low Density Residential to Medium Density Residential on Lot 16, Block 28, Robbinsdale No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located in the northeast corner of Alta Vista Drive and Anamaria Drive.  

79.       No. 03CA021 - A request by William Schleining for an Amendment to the Comprehensive Plan to change the future land use designation on a 12.3 acre parcel of land from General Commercial to Public on the east 400 feet of Lot 3, Moon Ridge Subdivision, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of U.S. Highway 16 and Moon Meadows Road.  

80.       No. 03CA022 - A request by William Schleining for an Amendment to the Comprehensive Plan to change the future land use designation on a 19.33 acre parcel of land from Limited Agriculture, Agriculture and Forest to Public on Lot 3 less the east 400 feet, Moon Ridge Subdivision, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of U.S. Highway 16 and Moon Meadows Road.  

81.       No. 03SV029 - A request by Fisk Land Surveying & Consulting Engineers for Canyon Lake Church of God for a Variance to the Subdivision Regulations to allow a sidewalk on one side of streets in lieu of both sides as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Hillsview Subdivision #2 and dedicated right-of-way, Section 4, SW1/4 SW1/4 of T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 in SW1/4 SW1/4,  less Lot H1 and H2 of said Lot 1 of the SW1/4 SW1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1829 Hillsview Drive.  

82.       No. 03SV030 - A request by Fisk Land Surveying & Consulting Engineers for Dan O'Brien for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks on one side of the street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 33 of Block 10 of Fairway Hills P.R.D. and dedicated Right-of-Way, located in the W1/2 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 3 and a portion of Lot 3A of Fairway Hills P.R.D. and a portion of the unplatted portion, less Lot H1, of the NW1/4 SW1/4 of Section 15, T1N, R7E, BHM, located in the W1/2 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Sheridan Lake Road and Heidiway Lane and along Fairway Hills Drive.  

83.       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.  

Public Comment on Items 84-101  

ORDINANCES & RESOLUTIONS

84        No. 03OA007 – Second Reading, Ordinance 3967 entitled An Ordinance Increasing the Spacing Requirements for Adult Oriented Businesses from 400 Feet to 1000 Feet and to Clarify the Prohibition of Adult Oriented Businesses in the Central Business District by Amending Chapter 17.50 of the Rapid City Zoning Ordinance.  

85.       No. 03RZ030 - Second Reading, Ordinance 3974, a request by Renner & Sperlich Engineering Company for Steve Moore for a Rezoning from Flood Hazard District to Low Density Residential District on a portion of Tract 2 of L-b of Lot L, of the NE1/4 of the SW1/4, and a portion of Lot C of Lot 2 of the SE1/4 of SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Commencing at the northwesterly corner of Tract 2 of Lot L-b of Lot L of the NE1/4 of the SW1/4, common to the southwesterly corner of Tract 4 of Lot L-b of Lot L of the NE1/4 of the SW1/4, common to the easterly edge of Right-of-Way of Creek Drive, and the Point of Beginning; Thence first course: N90º00'00"E, along the northerly boundary of said Tract 2, common to the southerly boundary of said Tract 4, a distance of 250.00 feet; Thence, second course: S00º00'00"E, a distance of 164.09 feet, to a point on the southerly boundary of said Tract 2, common to a point on the northerly boundary of Lot C of Lot 2 of the SE1/4 of the SW1/4; Thence, third course: S10º06'33"E, a distance of 203.45 feet, to a point on the northerly boundary of the south 200 feet of said Lot C; Thence, fourth course: N89º57'11"W, along the northerly boundary of the south 200 feet of said Lot C, a distance of 88.00 feet, to a point on the westerly boundary of said Lot C, common to the southeasterly corner of Lot B of Lot 2 of the SE1/4 of the SW1/4 and common to the northeasterly corner of Lot A of Lot 2 of the SE1/4 of the SW1/4; Thence, fifth course: N00º13'40"E, along the westerly boundary of said Lot C, common to the easterly boundary of said Lot B, a distance of 200.22 feet, to the northwesterly corner of said Lot C, common to the northeasterly corner of said Lot B; Thence, sixth course: N90º00'00"W, along the southerly boundary of said Tract 2, common to the northerly boundary of said Lot B, a distance of 218.05 feet, to the southwesterly corner of said Tract 2, common to the northwesterly corner of said Lot B, and common to the easterly edge of Right-of-Way of said Creek Drive; Thence, seventh course: N00º00"00"E, along the westerly boundary of said Tract 2, common to the easterly edge of Right-of-Way of said Creek Drive, a distance of 123.00 feet, to the westerly corner of said Tract 2, common to a corner on the easterly edge of Right-of-Way of said Creek Drive; Thence, eighth course: N25º26'00"E, along the westerly boundary of said Tract 2, common to the easterly edge of Right-of-Way of said Creek Drive, a distance of 45.50 feet, to the northwesterly corner of said Tract 2, common to the southwesterly corner of said Tract 4, and common to the easterly edge of Right-of-Way of said Creek Drive, and the Point of Beginning, located at 1600 Creek Drive.  

86.       No. LF091003-12 – Second Reading , Ordinance 3975 entitled An Ordinance to Eliminate Water Impact Fees by Repealing Sections 13.04.800, 13.04.810, and 13.04.820 of the Rapid City Municipal Code Regarding Impact Fees.  

87.       No. LF091003-11 – Second Reading , Ordinance 3976, entitled An Ordinance Amending the Property Known as Rapid City Regional Airport by Amending Section 13.12.080 of Chapter 13.12 of the Rapid City Municipal Code.  

88.       No. 03RZ031 - Second Reading, Ordinance 3977, a request by Walgar Development for a Rezoning from Low Density Residential District to Low Density Residential II District on Lot 19, Block 2, Robbinsdale No. 9; Lot 26, Block 13, Robbinsdale No. 8; Lot 42, Block 11, Robbinsdale No. 8; all located in Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Sitka Street.  

89.       No. 03RZ032 - Second Reading, Ordinance 3978 - A request by Walgar Development for a Rezoning from Low Density Residential II District to Medium Density Residential District on Lot 16, Block 28, Robbinsdale No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of Alta Vista Drive and Anamaria Drive.  

90.       No. 03RZ033 - Second Reading, Ordinance 3979 - A request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on the balance of Tract A in the E1/2 SW1/4 and the W1/2 SE1/4, Lot 2 of Tract A of the NE1/4 SW1/4, Lot H1 in Tract A in the E1/2 SW1/4 and the W1/2 SE1/4, Lot H1 in Lot 1 of the Well Addition in the SW1/4, Lot H1 in the N1/2 SE1/4 NW1/4, Lot H2 in the N1/2 SW1/4 NE1/4 lying south and west of SD Highway 44 and railroad right-of-way, Lot H5 in the NE1/4 NW1/4 lying south and west of SD Highway 44, and Lot H2 in the NW1/4 NE1/4 lying south and west of SD Highway 44 and railroad right-of-way, the 100 foot South Dakota Railroad Authority right-of-way lying adjacent and north of Lot H2 in the NW1/4NE1/4 and Lot H5 in the NE1/4NW1/4 and Lot H2 in the N1/2SW1/4NE1/4, all located in Section 9, T1N, R8E, BHM, Pennington County, South Dakota; and, Lot H1 amending the original plat of Lot H1 as recorded in Book 9 Hwy of Plats – Page 54 – dated January 5, 1998 in the N1/2NW1/4 of Section 16, T1N, R8E, BHM, Pennington County, South Dakota; and, Lot H1 amending the original plat of Lot H1 as recorded in Book 9 Hwy of Plats – Page 52 – dated January 5, 1998 in the S1/2NW1/4 of Section 16, T1N, R8E, BHM, excepting therefrom the following described land: the west 210 feet of the north 600 feet of the NE1/4SE1/4NW1/4 and the east 190 feet of the north 600 feet of the NW1/4SE1/4NW1/4 of said Section 16; the balance of the S1/2NE1/4SE1/4NW1/4 of said Section 16; and the SW1/4SW1/4SW1/4NW1/4 of said Section 16, Pennington County, South Dakota; and, Lot H1 in the NE1/4SE1/4 of Section 17, T1N, R8E, BHM, Pennington County, South Dakota, located south of SD Highway 44, west of Jolly Lane Drive and east of SD Highway 79.  

91.       No. 03RZ034 - Second Reading, Ordinance 3980 - a request by City of Rapid City and Walter Linderman for a Rezoning from Office Commercial District to Medium Density Residential District on a portion of Lots 3 thru 6, Block 1 Terracita Park Subdivision, Section 13, T1N, R7E, BHM Rapid City, Pennington County, South Dakota, more fully described by metes and bounds as follows: Commencing at the southwest corner of Block 27 of Robbinsdale Addition No. 10, Thence, N89º42’39”E along the southerly boundary of said Block 27 of Robbinsdale Addition No. 10, a distance of 92.68 feet, to the Point of Beginning; Thence, first course: N89º42’39”E along the southerly boundary of said Block 27 of Robbinsdale Addition No. 10, a distance of 537.51 feet, to the westerly edge of the right-of-way of Fifth Street; Thence, second course:  southeasterly, along the westerly edge of said Fifth Street right-of-way, curving to the right on a curve with a radius of 1345.32 feet, a delta angel of 02º36’31”, a length of 61.25 feet, a chord bearing of S16º44’21”E, and a chord distance of 61.25 feet; Thence, third course: S89º41’26”W, a distance of 554.84 feet; Thence, fourth course: N00º18’34”W, a distance of 58.94 feet, to a point on the southerly boundary of said Block 27 of Robbinsdale Addition No. 10, and the Point of Beginning; and, BEGINNING at the northwesterly corner of said Parcel of Land, said corner bears S57º50’33” E a distance of 109.85 feet from the southwesterly corner of Block 27 of Robbinsdale No. 10 which is marked by a 5/8” rebar with survey cap stamped LS 3095 said Block 27 being recorded in the Pennington County Register of Deeds Office in plat book 27, page 182, said corner being known as the true Point of Beginning; THENCE FIRST COURSE: a bearing of N89º41’26” E and a distance of 554.84 feet to an intersection with the westerly Right of Way line of Fifth Street as recorded in the Pennington County Register of Deeds Office in plat book 27, page 181; THENCE SECOND COURSE: along said Fifth Street Right of Way line along a curve with a radius of 1345.32 feet and an arc length of 288.80 feet (Chord Bearing of S09º17’06” E and a distance of 288.25 feet) to an angle point corner of said Fifth Street Right of Way line, which is marked by a 5/8” rebar with survey cap stamped LS 2652; THENCE THIRD COURSE: continuing along said Fifth Street Right of Way line a bearing of S67º58’34” W and a distance of 41.30 feet to an angle point corner of said Fifth Street Right of Way line, which is marked by a 5/8” rebar with survey cap stamped LS 2652; THENCE FOURTH COURSE: a bearing of S89º41’26” W and a distance of 561.44 feet to the southwesterly corner of said parcel of land; THENCE FIFTH COURSE: a bearing of N00º18’34”W and a distance of 300.00 feet to the Point of Beginning; Said Parcel of land contains 4.011 acres more or less. Said Parcel of land is located in the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Minnesota Street and Fifth Street; that portion lying within Lots 3 thru 6, Block 1, Terracita Park Subdivision, Section 13, T1N, R7E, BHM. Rapid City , Pennington County , South Dakota , located northeast of the intersection of Alta Vista Drive and Minnesota Street .  

92.       No. 03RZ035 - Second Reading, Ordinance 3981 - A request by William Schleining for a Rezoning from General Commercial District to Public District on a portion of Lot 3 of Moon Ridge Subdivision located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows:  Commencing at the northeasterly corner of said Lot 3 of Moon Ridge Subdivision and the Point of Beginning; thence, first course: S07º20'00"W, along the easterly boundary of said Lot 3, common with the westerly edge of the right-of-way of U.S. Highway 16, a distance of 1337.09 feet, to the southeasterly corner of said Lot 3, common with the northeasterly corner of the right-of-way of Moon Meadows Drive; thence, second course: N82º35'35"W, along the northerly edge of the right-of-way of said Moon Meadows Drive, a distance of 42.53 feet, to a point of curve; thence, third course: northwesterly, along the northerly edge of the right-of-way of said Moon Meadows Drive, curving to the left on a curve with a radius of 1050.00 feet, a delta angle of 06º35'17", an arc length of 120.73 feet, a chord bearing of N86º00'00"W, and a chord distance of 120.67 feet, to a point of tangency; thence, fourth course: N89º15'53"W, along the northerly edge of the right-of-way of said Moon Meadows Drive, a distance of 337.71 feet; thence, fifth course:  N89º16'12"W, along the northerly edge of the right-of-way of said Moon Meadows Drive, a distance of 231.26 feet, to the southwesterly corner of said Lot 3 of Moon Ridge Subdivision, common with the southeasterly corner of Lot 1 of Moon Ridge Subdivision; thence, sixth course: N00º12'56"E, along the westerly boundary of said Lot 3 of Moon Ridge Subdivision, common with the easterly boundary of said Lot 1 of Moon Ridge Subdivision, a distance of 245.52 feet; thence, seventh course: N26º53'52"E, a distance of 990.49 feet; thence eighth course: N07º53'52"E, a distance of 178.06 feet, to a point on the northerly boundary of said Lot 3 of Moon Ridge Subdivision; thence, ninth course:  N89º53'10"E, along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 818.71 feet, to the northeasterly corner of said Lot 3 of Moon Ridge Subdivision, and the Point of Beginning; said parcel contains 18.177 acres more or less, located at the intersection of U.S. Highway 16 and Moon Meadows Road. 

93.       No. 03RZ036 - Second Reading, Ordinance 3982 - A request by William Schleining for a Rezoning from Medium Density Residential District to Public District on a portion of Lot 3 of Moon Ridge Subdivision located in the E1/2 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at the northwesterly corner of said Lot 3 of Moon Ridge Subdivision and the Point of Beginning; thence, first course: N89º53'10"E along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 818.71 feet; thence, second course: S07º53'52"W, a distance of 178.06 feet; thence, third course: S26º53'52"W, a distance of 990.49 feet, to the easterly boundary of Lot 1 of Moon Ridge Subdivision; thence, fourth course: N00º12'56"E, a distance of 169.48 feet, to the northeasterly corner of said Lot 1 of Moon Ridge Subdivision; thence, fifth course: N89º16'12"W, along the northerly boundary of said Lot 1 of Moon Ridge Subdivision, a distance of 350.00 feet, to the northwesterly corner of said Lot 1 of Moon Ridge Subdivision, common with the southwesterly corner of said Lot 3 of Moon Ridge Subdivision; thence, sixth course: N00º12'56"E, along the westerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 446.88 feet; thence, seventh course: N00º11'53"E along the westerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 436.16 feet, to the northwesterly corner of said Lot 3 of Moon Ridge Subdivision, and the Point of Beginning; said parcel contains 13.469 acres more or less, located at the intersection of U.S. Highway 16 and Moon Meadows Road.  

94.       No. 03RZ037 - Second Reading, Ordinance 3983 - A request by Renner and Sperlich for Doeck, LLC for a Rezoning from No Use District to Medium Density Residential District on a portion of the NW1/4 of the SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at the southwest corner of Lot 11 of Block 6 of Auburn Hills Subdivision, and the Point of Beginning; thence, first course: S00º12'10"W, along a 1/16 Section Line of Section 13, a distance of 59.68 feet, to the Southwest 1/16 Section Corner of said Section 13; thence, second course: S89º42'30"W, along the 1/16 Section Line of said Section 13, a distance of 1319.48 feet, to the South 1/16 Section Corner common to Sections 13 and 14; thence, third course: N00º02'42"E, along the 1/16 Section Line common to Sections 13 and 14, a distance of 430.21 feet; thence, fourth course: easterly, curving to the right on a curve with a radius of 474.00 feet, a delta angle of 09º57'36", an arc length of 82.40 feet, a chord bearing of N85º13'22"E, and a chord distance of 82.29 feet, to a point of tangency; thence, fifth course: S89º47'50"E, a distance of 632.92 feet, to a point of curve; thence, sixth course: easterly, curving to the right on a curve with a radius of 274.00 feet, a delta angle of 30º10'33", an arc length of 144.31 feet, a chord bearing of S74º42'34"E, and a chord distance of 142.65 feet, to a point of tangency; thence, seventh course: S59º37'17"E, a distance of 178.46 feet, to a point of curve on the southerly edge of the right-of-way of Auburn Drive; thence, eighth course: easterly, along the southerly edge of the right-of-way of said Auburn Drive, curving to the left on a curve with a radius of 326.00 feet, a delta angle of 30º27'47", an arc length of 173.33 feet, a chord bearing of S74º51'10"E, and a chord distance of 171.29 feet, to a point of tangency; thence, ninth course: N89º54'56"E, along the southerly edge of the right-of-way of said Auburn Drive, a distance of 66.02 feet, to a point of curve; thence, tenth course: easterly, along the southerly edge of the right-of-way of said Auburn Drive, curving to the right on a curve with a radius of 274.00 feet, a delta angle of 17º26'22", an arc length of 83.40 feet, a chord bearing of S81º21'53"E, and a chord distance of 83.08 feet, to the northwesterly corner of said Lot 11 of Block 6 of Auburn Hills Subdivision; thence eleventh course: S00º12'10"W along the westerly boundary of said Lot 11 of the Block 6 of Auburn Hills Subdivision, a distance of 183.43 feet, to the southwesterly corner of said Lot 11 of Block 6 of Auburn Hills Subdivision, and the Point of Beginning; said parcel contains 11.564 acres more or less, located at the intersection of Chalkstone Drive and Auburn Drive.  

95.       No. LF100103-21 – Second Reading , Ordinance 3984 entitled An Ordinance Creating the Department of Public Works by Repealing Chapter 2.46 of the Rapid City Municipal Code in its Entirety and Amending Chapter 2.44 of the Rapid City Municipal Code.  

96.       No. LF100103-12 – First Reading , Ordinance 3985, Regarding Supplemental Appropriation No. 5 for 2003.  

97.       No. 03OA006 – First Reading, Ordinance 3986 entitled An Ordinance Authorizing Administrative Approval of Certain Plats by Adding Section 16.08.035 to the Rapid City Municipal Code.  

98.       No. LF100103-20 – First Reading , Ordinance 3987 entitled An Ordinance Establishing the Approved Meeting Minutes as the Official Journal of the Rapid City Common Council by Adding Section 2.08.110 to the Rapid City Municipal Code.  

99.       No. LF100103-24 – First Reading , Ordinance 3988 entitled An Ordinance Modifying the Regulation of the Rapid City Economic Development and Civic Improvements Fund by Amending Section 3.16.020 of the Rapid City Municipal Code.  

100.    No. 03RZ038 - First Reading, Ordinance 3989, a request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Rezoning from No Use District to General Commercial District on a portion of Tract 2 of Pioneer Subdivision, located in the NE1/4 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at a point on the section line highway between Sections 27 and 34, common to northeasterly corner of said Tract 2 of Pioneer Subdivision, and the Point of Beginning; thence, first course: S00º00'00E, along the easterly boundary of said Tract 2 of Pioneer Subdivision, common with the westerly edge of the statutory section line right-of-way, and common with the westerly edge of U.S. Highway 16 right-of-way, a distance of 109.69 feet, to an angle point; thence, second course: S07º20'00"W, along the easterly boundary of said Tract 2, common with the westerly edge of the right-of-way of U.S. Highway 16, a distance of 303.97 feet, to the northeasterly corner of Lot 3 of Moon Ridge Subdivision; thence, third course: S89º53'10"W, along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 1247.37 feet, to a point on the westerly boundary of said Tract 2, common with the northwesterly corner of said Lot 3 of Moon Ridge Subdivision; thence, fourth course: N00º11'53"E, along the westerly boundary of said Tract 2, a distance of 411.10 feet, to a point on the section line common to Section 27 and 34, common to a point the southerly boundary of Lot 5 of Godfrey Addition, and common to the northwesterly corner of said Tract 2; thence fifth course: N89º52'53"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 4 and 5 of said Godfrey Addition, a distance of 796.18 feet, to an angle point; thence, sixth course: N89º50'57"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 3 and 4 of said Godfrey Addition, a distance of 466.12 feet, to an angle point; thence, seventh course: S89º10'40"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, a distance of 22.45 feet, to the northeasterly corner of said Tract 2, and the Point of Beginning; said parcel contains 12.00 acres more or less, located northwest of the U.S. Highway 16 and Moon Meadows Road.  

101.    No. 03RZ040 - First Reading, Ordinance 3990, a request by Dream Design International, Inc. for a Rezoning from No Use District to Medium Density Residential District on a previously unplatted parcel of land in the SW1/4 of the NW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. Being more particularly described as follows: Commencing at the found corner stamped R.L.S. No. 4208 of the center 1/4 corner of Section 26; thence S72º37’41”W along a non-visual line, 1200.17 feet to the TRUE POINT OF BEGINNING; thence N09º37’30”E 863.62 feet; thence along a curve to the left having a radius of 893.51 feet through a central angle of 13º26’11” with an arc length of 209.06 feet, a chord bearing of N76º41’20”E and a chord length of 170.60 feet along said curve; thence S20º01’46”E 210.75 feet; thence along a curve to the right having a radius of 526.00 feet through a central angle of 21º19’55” with an arc length of 194.71 feet, a chord bearing of S09º21’48”E and a chord length of 195.84 feet along said curve; thence S01º18’09”W 376.86 feet; thence N88º41’51”W 440.00 feet to the Point of Beginning; said parcel containing 7.26 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.  

Public Comment on Items 102-116  

LEGAL & FINANCE COMMITTEE ITEMS

102.    No. 03TI011 – Approve request by the City of Rapid City for a Resolution Creating Tax Increment District #43 on property described by metes and bounds as beginning at the NW corner of Section 29, T1N, R7E, BHM, Pennington County, South Dakota; which shall be the true point of Beginning; Thence east along the Section line a distance of 2147.50 feet; thence north a distance of 233.00 feet; thence west a distance of 2180.51 feet; thence south a distance of 233.00 feet; thence east a distance of 33.01 feet, more or less, to the true point of Beginning; lying within the SW1/4 of Section 20 and the SE1/4 of Section 19, T1N, R7E, BHM, Pennington County, South Dakota; Beginning at the NW corner of Section 29, T1N, R7E, BHM, Pennington County, South Dakota; which shall be the true point of Beginning; Thence south along the Section line a distance of 4000.00 feet; thence west a distance of 250.00 feet; thence north a distance of 1090.00 feet; thence east a distance of 216.99 feet; thence north a distance of 2910.00 feet; thence east a distance of 33.01 feet; more or less, to the true point of Beginning; lying within the NE1/4 and SE1/4 of Section 30, T1N, R7E, BHM, Pennington County, South Dakota; Lots 1-11 of Block 1, Lots 1-19 of Block 2, Lots 1-3 of Block 3, Lot 1 of Block 4, Lot 1 of Block 5, Lots 7-9 of Block 7, Lots 1-6 and Outlot G-1 of Block 10, Lots 1-37 of Block 11, Lots 1-13 of Block 12, Lots 1-5 of Block 13, Lot 1A, Lot 1B and Lots 2-6 of Block 14, Outlot 1, Outlot G, Lot P (Utility Lot) and dedicated streets, all in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6, 7, 8, 9, 10A, 10B, 11A, and 11B of Block 6, Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4-16 of Block 3, Lot 2 and Lot 3 of Block 4, Lots 1-6 of Block 7, Lots 1-3 of Block 8, all in Red Rock Estates Phase 2, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Outlot A of Tract A, Countryside Sub, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Well Lot, and Balance of Picardi Ranch Road, and  Balance of Tract 1 less Red Rock Estates and less ROW, all in Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted E1/2 NW1/4 NE1/4 less Red Ridge Ranch and ROW, SW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates, less Red Rock Estate Phase 1A, and Less Row,  E1/2 NW1/4 less Red Rock Estates and Less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Sub; N1/2 NE1/4 SW1/4 less Red Rock Estates & Less Countryside Sub; E1/2 NE1/4, and W1/2 NW1/4 less Red Rock Estates and less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north and west of Sheridan Lake Road and Muirfield Drive and north of Countryside Subdivision.  

103.    No. 03TI012 – Approve request by the City of Rapid City for a Resolution Approving Tax Increment District #43 - Project Plan on property described by metes and bounds as beginning at the NW corner of Section 29, T1N, R7E, BHM, Pennington County, South Dakota; which shall be the true point of Beginning; Thence east along the Section line a distance of 2147.50 feet; thence north a distance of 233.00 feet; thence west a distance of 2180.51 feet; thence south a distance of 233.00 feet; thence east a distance of 33.01 feet, more or less, to the true point of Beginning; lying within the SW1/4 of Section 20 and the SE1/4 of Section 19, T1N, R7E, BHM, Pennington County, South Dakota; Beginning at the NW corner of Section 29, T1N, R7E, BHM, Pennington County, South Dakota; which shall be the true point of Beginning; Thence south along the Section line a distance of 4000.00 feet; thence west a distance of 250.00 feet; thence north a distance of 1090.00 feet; thence east a distance of 216.99 feet; thence north a distance of 2910.00 feet; thence east a distance of 33.01 feet; more or less, to the true point of Beginning; lying within the NE1/4 and SE1/4 of Section 30, T1N, R7E, BHM, Pennington County, South Dakota; Lots 1-11 of Block 1, Lots 1-19 of Block 2, Lots 1-3 of Block 3, Lot 1 of Block 4, Lot 1 of Block 5, Lots 7-9 of Block 7, Lots 1-6 and Outlot G-1 of Block 10, Lots 1-37 of Block 11, Lots 1-13 of Block 12, Lots 1-5 of Block 13, Lot 1A, Lot 1B and Lots 2-6 of Block 14, Outlot 1, Outlot G, Lot P (Utility Lot) and dedicated streets, all in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6, 7, 8, 9, 10A, 10B, 11A, and 11B of Block 6, Red Rock Estates Phase 1A, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 4-16 of Block 3, Lot 2 and Lot 3 of Block 4, Lots 1-6 of Block 7, Lots 1-3 of Block 8, all in Red Rock Estates Phase 2, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Outlot A of Tract A, Countryside Sub, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Well Lot, and Balance of Picardi Ranch Road, and  Balance of Tract 1 less Red Rock Estates and less ROW, all in Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and Unplatted W1/2 NW1/4 NE1/4 less Red Ridge Ranch, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted E1/2 NW1/4 NE1/4 less Red Ridge Ranch and ROW, SW1/4 NE1/4 less Red Ridge Ranch, less Red Rock Estates, less Red Rock Estate Phase 1A, and Less Row,  E1/2 NW1/4 less Red Rock Estates and Less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted N1/2 NW1/4 SW1/4 less Red Rock Estates and less Countryside Sub; N1/2 NE1/4 SW1/4 less Red Rock Estates & Less Countryside Sub; E1/2 NE1/4, and W1/2 NW1/4 less Red Rock Estates and less ROW, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north and west of Sheridan Lake Road and Muirfield Drive and north of Countryside Subdivision.  

104.    Request the City Attorney’s office to prepare an ordinance amendment authorizing the City Finance Officer to add annexed areas to ward and precinct without an ordinance change.  

105.    No. LF100103-10 – Recommendation from the Property Disposal Task Force on proposals to lease Maple and Wood Avenue properties.  

106.    Guidance on Lease/Leaseback Issue.  

107.    Funding for Catron Boulevard Project.  

108.    Request staff to notice a 2012 meeting to be held on Monday, October 6, 2003 , at 7:00 p.m. ; to be held immediately after the Council meeting is called to order.  

109.    Request staff to amend the CIP Operating Procedures, Reporting Procedures, to read as follows: "...shall provide an update to the Legal & Finance Committee monthly".  

110.    No. LF100103-18 – Request that staff prepare an ordinance amendment to implement the CIP Operating Procedures as recommended.  

111.    No. LF100103-19 – Authorize Mayor and Finance Officer to sign Roosevelt Ice Arena Ice Rental Contract with The Hooligans.  

112.    No. LF100103-23 – Options relating to condemned signs.  

113.    No. LF100103-03 - Request the City Attorney’s office to prepare an ordinance amendment allowing murals and bring it before the full Council on November 3, 2003 , for discussion.  

114.    No. LF100103-26 – Authorize Mayor and Finance Officer to sign Loan and Infrastructure Development Agreement between City of Rapid City and Lazy P-6 Land Company, Inc.  

115.    No. LF100103-26A – Authorize Mayor and Finance Officer to sign Promissory Note between City of Rapid City and Lazy P-6 Land Company, Inc.  

116.    Discussion of 11-6-19 Review Procedure.  

Public Comment on Items 117-119  

PUBLIC WORKS COMMITTEE ITEMS

117.    No. PW090903-11 – Authorize Mayor and Finance Officer to sign a Professional Service Agreement with Ferber Engineering Company, Inc., to Design East Mall Drive from East North Street to Dyess Avenue Project No. SSW03-1334 for an amount not to exceed $91,345  

118.    No. PW093003-01 – Request by Dave Semerad, 3724 Morningview Drive for an Exception to the City design standards regarding sewer service connection to sewer main; and granting an easement for a sewer service extension across the Rapid City Fire Department property.

119.    No. PW093003-07 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to a Professional Service Agreement with Ferber Engineering to Design Fifth Street Extension Project No. ST00-914 for an amount not to exceed $30,000.  

FINANCE OFFICER’S REPORT  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT  

PUBLIC WORKS DIRECTOR REPORT  

CITY ATTORNEY’S REPORT  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADDENDUM

120.    Set for Hearing on October 20, 2003: Waneta & Dick Ragels dba Executive Golf Course, 200 Twelfth Street, for an On-Off Sale Malt Beverage License Transfer     

121.    No. CC100603-03 - First Reading , Ordinance 3991 entitled An Ordinance to Amend the Regulation of Adult Oriented Businesses Within the City of Rapid City by Amending Section 17.50.186 of the Rapid City Municipal Code.  

ADJOURN