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

November 3, 2003

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

ROLL CALL AND DETERMINATION OF QUORUM

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVAL OF MINUTES – Approve the minutes of October 20, 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. Laurette Pourier – Ohitika Women’s Shelter for Domestic Violence

2. Economic Development – Monthly Update – Bob DeMersseman

BID OPENINGS

3. No. CC110303-01 – Portable Generator for the Utility Maintenance Division (Opened on October 23, 2003 )

ITEMS FROM THE MAYOR

4. Citizen of the Month Award

5. 202 Project Update

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

CONTINUED ITEMS CONSENT CALENDAR – Items 6-36

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 November 17, 2003:

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

14. 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.

15. 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.

16. 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.

17. 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.

18. 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.

19. No. 03PL100 - A request by Wyss Associates, Inc. for Hart Ranch Development Co. for a Layout Plat on a portion of Hart Ranch Golf Course Parcel less Village on the Green Subdivision and less Village on the Green #2 Subdivision (also in Section 12 and 13), Hart Ranch Development, Section 11, T1S, R7E, BHM, Pennington County, South Dakota, located in the Hart Ranch Development between Mulligan Mile and Arena Drive.

20. 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.

21. 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.

22. No. 03SV035 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement on the section line highway and to waive the requirement to install curb, gutter, sidewalk and street light conduit on U.S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code 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 U.S. Highway 16 and Moon Meadows Road.

23. No. 03SV036 - A request by Dream Design International, Inc. for Sally Broucek for a Variance to the Subdivision Regulations to allow lots twice as long as wide and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the well access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 7, Block 1, and Lots 15, 16 and 17, Block 2, Stoneridge Subdivision, 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. 03SV039 - A request by Gordon Howie for Galen Steen for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sewer, water, street light conduit, sidewalk and pavement as per Chapter 16.16 of the Rapid City Municipal Code on the SW1/4 NE1/4; the west 66 feet of the NW1/4 NE1/4, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, a portion of the E1/2 of Section 25, located in the E1/2 Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at the center 1/4 corner of Section 25, and the Point of Beginning, thence, first course: N90º00'00"E, along the 1/4 line of Section 25, a distance of 396 feet; thence, second course: S00º00'00"W, a distance of 624.43 feet; thence, third course: N90º00'00"W, a distance of 396.00 feet, to a point on the 1/4 line of Section 25: thence, fourth course: N00º00'00"E, along the 1/4 line of Section 25, a distance of 624.43 feet, to the center 1/4 corner of Section 25, and the point of beginning; said parcel contains 5.677 acres more or less, located southeast of the intersection of Anderson Road and South Side Drive.

25. No. 03VE013 - A request by Jason Renken for a Vacation of Utility Easement on Lot 12, Eden Gardens Addition, Section 9, T1N, R8E, BHM, Rapid City , Pennington County , South Dakota , located at 2709 Eden Lane .

26. 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 minus 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.

Continue the following items until December 1, 2003

27. No. 03AN011 - A request by FMG, Inc. for Bill Freytag for a Petition for Annexation on a tract of land located in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Pennington County, South Dakota, more particularly described as follows: Commencing at a point which is a 5/8" rebar with survey cap LS 6119 marking the northwest corner of Lot 9 of Block 1 of Tyler Knue Subdivision in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence, N00º16'55"E a distance of 77.12 feet, more less, to a point; Thence N13º44'34"W a distance of 107.66 feet, more less, to a point; Thence S66º12'08"W a distance of 303.51 feet, more less, to a point; Thence N89º32'23"W a distance of 279.98 feet, more less, to a point; Thence N00º27'37"E a distance of 121.67 feet , more or less, to a point; Thence N45º26'14"E a distance of 159.30 feet, more or less, to a point; Thence S44º33'46"E a distance of 12.36 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 226.00 feet and an arc length of 57.47 feet, more or less, to a point; Thence N45º57'12"E a distance of 54.45 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 174.00 feet and an arc length of 47.61 feet, with a cord bearing S71º38'36"E and a distance of 47.46 feet, more or less, to a point; Thence N14º08'42"E a distance of 198.01 feet, more or less, to a point; Thence N04º06'06"E a distance of 200.01 feet, more or less, to a point, said point being on the north line of Section 24, T2N, R7E, BHM: Thence N89º40'38"W a distance of 403.23 feet, more or less, to a point, said point being a 2" pipe marking the northwest corner of Section 24, T2N, R7E, BHM; Thence S00º27'40"W a distance of 664.08 feet, more or less, to a point, said point being the northwest 1/16 corner of Section 24, T2N, R7E, BHM; Thence S89º43'05"E a distance of 676.34 feet, more less, to the Point of Beginning, located along Nicole Street.

28. 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.

29. 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.

30. 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.

31. No. 03PL099 - A request by FMG, Inc. for Bill Freytag for a Layout, Preliminary and Final Plat on Lots 6 through 9 of Block 4 and Lot 21R of Block 1 and Lot 22R of Block 1, Tyler Knue Subdivision, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 21 and a portion of Lot 22 of Block 1 and a portion of Lot 22 of Block 1 and a portion of the unplatted balance of the NW1/4 NW1/4 all of Tyler Knue Subdivision and dedicated public right of way shown as Nicole Street, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Nicole Street.

32. No. 03RZ038 - Second 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 , legally described as 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: S00º00'00"E, 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.

33. No. 03RZ043 - Second Reading, Ordinance 3997, a request by FMG, Inc. for Bill Freytag for a Rezoning from No Use District to Low Density Residential II District on a tract of land located in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Pennington County, South Dakota, more particularly described as follows: Commencing at a point which is a 5/8" rebar with survey cap LS 6119 marking the northwest corner of Lot 9 of Block 1 of Tyler Knue Subdivision in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence, N00º16'55"E a distance of 77.12 feet, more less, to a point; Thence N13º44'34"W a distance of 107.66 feet, more less, to a point; Thence S66º12'08"W a distance of 303.51 feet, more less, to a point; Thence N89º32'23"W a distance of 279.98 feet, more less, to a point; Thence N00º27'37"E a distance of 121.67 feet, more or less, to a point; Thence N45º26'14"E a distance of 159.30 feet, more or less, to a point; Thence S44º33'46"E a distance of 12.36 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 226.00 feet and an arc length of 57.47 feet, more or less, to a point; Thence N45º57'12"E a distance of 54.45 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 174.00 feet and an arc length of 47.61 feet, with a cord bearing S71º38'36"E and a distance of 47.46 feet, more or less, to a point; Thence N14º08'42"E a distance of 198.01 feet, more or less, to a point; Thence N04º06'06"E a distance of 200.01 feet, more or less, to a point, said point being on the north line of Section 24, T2N, R7E, BHM: Thence N89º40'38"W a distance of 403.23 feet, more or less, to a point, said point being a 2" pipe marking the northwest corner of Section 24, T2N, R7E, BHM; Thence S00º27'40"W a distance of 664.08 feet, more or less, to a point, said point being the northwest 1/16 corner of Section 24, T2N, R7E, BHM; Thence S89º43'05"E a distance of 676.34 feet, more less, to the Point of Beginning, located along Nicole Street.

34. No. 03RZ044 - Second Reading, Ordinance 3998, a request by FMG, Inc. for Bill Freytag for a Rezoning from Mobile Home District to Low Density Residential II District on the S1/2 NW1/4 NW1/4 less Tyler Knue Subdivision, Section 24, T2N, R7E, unplatted, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Nicole Street.

35. 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.

36. No. 03SV040 - A request by FMG, Inc. for Bill Freytag for a Variance to the Subdivision Regulations to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on the S1/2 NW1/4 NW1/4 less Tyler Knue Subdivision, Section 24, T2N, R7E, unplatted, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and a tract of land located in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Pennington County, South Dakota, more particularly described as follows: Commencing at a point which is a 5/8" rebar with survey cap LS 6119 marking the northwest corner of Lot 9 of Block 1 of Tyler Knue Subdivision in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence, N00º16'55"E a distance of 77.12 feet, more less, to a point; Thence N13º44'34"W a distance of 107.66 feet, more less, to a point; Thence S66º12'08"W a distance of 303.51 feet, more less, to a point; Thence N89º32'23"W a distance of 279.98 feet, more less, to a point; Thence N00º27'37"E a distance of 121.67 feet , more or less, to a point; Thence N45º26'14"E a distance of 159.30 feet, more or less, to a point; Thence S44º33'46"E a distance of 12.36 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 226.00 feet and an arc length of 57.47 feet, more or less, to a point; Thence N45º57'12"E a distance of 54.45 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 174.00 feet and an arc length of 47.61 feet, with a cord bearing S71º38'36"E and a distance of 47.46 feet, more or less, to a point; Thence N14º08'42"E a distance of 198.01 feet, more or less, to a point; Thence N04º06'06"E a distance of 200.01 feet, more or less, to a point, said point being on the north line of Section 24, T2N, R7E, BHM: Thence N89º40'38"W a distance of 403.23 feet, more or less, to a point, said point being a 2" pipe marking the northwest corner of Section 24, T2N, R7E, BHM; Thence S00º27'40"W a distance of 664.08 feet, more or less, to a point, said point being the northwest 1/16 corner of Section 24, T2N, R7E, BHM; Thence S89º43'05"E a distance of 676.34 feet, more less, to the Point of Beginning, located along Nicole Street.

End of Continued Items Consent Calendar

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

37. Patricia Weaver dba Gas N Snax, 418 Knollwood Drive, for an Off-Sale Liquor License Transfer (from Clayton & Donna Jerred)

Set for Hearing ( November 17, 2003 )

38. Rapid City Fine Arts Council, Inc. for a Special Malt Beverage License to be used at the Dahl Arts Center, 713 Seventh Street, on December 5, 2003

39. Rapid City Fine Arts Council, Inc. for a Special Wine License to be used at the Dahl Arts Center, 713 Seventh Street, on December 5, 2003

40. Rapid City Fine Arts Council, Inc. for a Special Wine License to be used at the Dahl Arts Center, 713 Seventh Street, on December 4, 2003

41. Arrowhead Country Club, 3675 Sheridan Lake Road, for an On-Sale Liquor License Renewal and Sunday Opening

42. City of Rapid City, for an On-Sale Liquor License Renewal and Sunday Opening, said license to be used at the Rapid City Regional Airport (Rural Route 2, Box 6335 ) and the Rushmore Plaza Civic Center, 444 Mt. Rushmore Road

43. Guang Huan Huang dba Hunan Chinese Restaurant, 1720 Mt. Rushmore Road , for an On-Sale Wine License Renewal

44. Safeway Stores 46, Inc. dba Safeway Store No. 581, 2120 Mt. Rushmore Road, for an Off-Sale Liquor License Renewal

CONSENT CALENDAR ITEMS – 45-78

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 ( December 1, 2003 )

45. No. 03VR011 - A request by John K. Nooney for a Vacation of Right-of-Way on Lots 1 and 2 of Five Star Subdivision located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Interstate 90.

Public Works Committee Consent Items

46. Approve payment in the amount of $889.49 from the Parks Department budget for the installation of an automatic irrigation system for the Rapid City Youth Boxing facility, as requested by Dexter Wittman.

47. No. PW082603-01 – Deny a request from Kent Hagg for a Special Exception to City Ordinance 13.04.350 and 13.08.130.

48. Request staff of the Public Works Department and Fire Department to address the Rapid City Regional Airport water concerns and bring forward a recommendation at the December 9, 2003 Public Works Committee meeting.

49. No. PW102803-01 - Approve the Policy Statement for the Consultant Selection Process.

50. No. PW102803-03 – Approve Change Order No. 01 for Catron Boulevard Improvements Project No. ST01-1047 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $2,772.51.

51. No. PW102803-05 – Authorize Mayor and Finance Officer to sign a Permanent Utility Easement with Black Hills Power, Inc. on Lot A of Lot 2 of Tract A in Owen Mann Tract.

52. No. PW102803-07 – Authorize Mayor and Finance Officer to sign a Professional Service Agreement with TSP Three, Inc. to Design Mt. View Road Utility Reconstruction, Jackson Blvd. to Omaha Project No. W05-1342 for an amount not to exceed $20,750.

53. Request staff to install a security light at the northwest corner of the parking lot at the Denver Street soccer field; and request staff to engage Dakota, Minnesota and Eastern in a discussion about the railroad.

54. No. 03VE016 – Approve a Vacation of Utility and Minor Drainage Easement for Renner & Sperlich Engineering for Safe Haven Inc. on Lot 1 of Lot A of Derby Subdivision located in the NW1/4 of the SW1/4 of Section 2, and in the NE1/4 of the SE1/4 of Section 3, all in T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1130 Jackson Boulevard.

55. No. 03VE017 – Approve a Vacation of Utility and Minor Drainage Easement for Wyss Associates, Inc. for BE Development Company, LLC on Lot 3 of Block 1, Skyview North Subdivision, located in the E1/2 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Minnewasta Drive at the end of the cul-de-sac.

56. Acknowledge the report of a minor agreement with Selador Ranches, that will outline, that in exchange for the reservoir easement the City will provide two (2) water taps for livestock watering.

57. Authorize Mayor and Finance Officer to sign a Drinking Water System Security Grant program application for $2,300.

Legal & Finance Committee Consent Items

58. Refer the request that the City adopt an ordinance restricting loitering and public drunkenness in the downtown area and to rewrite the ordinance on panhandling to restrict any and all panhandling, to the Ordinance Review Committee for review and recommendation; and ask that the Ordinance Review Committee work with the police department on this issue.

59. Authorize use of the subsidy money designated for the Dahl to repair the heating and cooling system at the Dahl Annex.

60. Confirm the Mayor’s appointment of Scott Nash as the Ward 1 Representative to the Planning Commission.

61. Acknowledge that no changes were made to the CIP Five Year Plans at the last Capital Improvements Committee Meeting.

62. No. LF102903-01 – Approve Travel Request for Denise Rossum (Ambulance Department) to attend Sweet Software User Group Workshop in Dallas, TX, from December 8-11, 2003, in the approximate amount of $1,682.50.

63. No. LF073003-09 – Authorize transfer of Tax Deed Property on Saint Patrick Street to Pennington County .

64. No. LF091003-05 – Approve Infrastructure Development Partnership Loan – Doyle Estes and Kathryn Johnson for Homestead Street/Timmons Boulevard/Bernice Street with the condition that the agreement include some park area and green space.

65. No. LF102903-02 – Approve Resolution Writing Off Uncollectible Accounts Receivable Accounts.

66. No. LF102903-03 – Approve Resolution Establishing Travel Fund.

67. No. LF102903-04 – Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup.

68. Authorize staff to advertise for bids for two 2004 para transit vehicles.

69. No. LF102903-07 – Authorize Mayor and Finance Officer to sign Agreement with Midcontinent Communications (Roosevelt Park Ice Arena).

70. No. LF102903-13 – Authorize Mayor and Finance Officer to sign a Promissory Note with PAJO Properties for funding to construct a cart barn at the Meadowbrook Golf Course.

71. Approve the following licenses: Central Station Service: Emergency 24, Inc., Dante Monteverde; Honeywell International, Inc., Mary Brown.

Raffle

72. No. CC110303-02 - Notification from Rushmore Chapter of ABATE, Inc. of their intent to conduct a raffle, drawing to be held on August 14, 2004 .

Planning Department Consent Items

73. 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.

74. 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.

75. No. 03PL096 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Layout Plat on the NE1/4 NW1/4 NW1/4 GL 1, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located approximately 660 feet to the east of the Parkview Drive terminus.

76. No. 03PL097 - A request by Renner & Sperlich Engineering Company for Doeck, LLC for a Layout, Preliminary and Final Plat on Lots 12-21 Block 1, Lots 12-40 Block 2, Lots 1-12 and 21-24 Block 3, and Lots 1, 13, 14, 30 and 31 Block 5 of Auburn Hills Subdivision, located in the NW1/4 of SW1/4 and the SW1/4 of NW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SW1/4 and the SW1/4 of the NW1/4 located in the NW1/4 of SW1/4 and the SW1/4 of NW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north and south of Amber Drive.

77. No. 03PL098 - A request by Gordon Howie for Galen Steen for a Layout Plat on Lots 1 and 2, Steen Subdivision, located in E1/2, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 NE1/4; the west 66 feet of NW1/4 NE1/4, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and a portion of SE1/4, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Anderson Road and South Side Drive.

78. No. 03PL101 - A request by Centerline, Inc. for Heartland Development Group LLC for a Final Plat on Lots 2, 3, 4 and 5 in Block 1, Northstar Subdivision, located in the NE1/4 NE1/4 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot D of the NE1/4 of Section 29 located in the NE1/4 NE1/4 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of Seger Drive and Dyess Avenue.

END OF CONSENT CALENDAR

Public Comment on Item 79

PUBLIC HEARING

79. Proposed Uses for FY2003 Local Law Enforcement Block Grant in the amount of $90,339.

Public Comment on Items 80-93

PLANNING DEPARTMENT - HEARINGS

80. No. 03CA023 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for an Amendment to the Comprehensive Plan to change the future land use designation on a 12.3 acre parcel of land from General Agriculture to General Commercial 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: S00º00'00"E, 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 and less the east 400 feet Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the U.S. Highway 16 and Moon Meadows Road.

81. No. 03CA026 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 3.67 acre parcel of land from Planned Unit Development to Medium Density Residential with a Planned Residential Development 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. More particularly described as follows: Beginning at the found corner stamped R.L.S. No. 4208 of the center 1/4 corner of Section 26, this being the TRUE POINT OF BEGINNING; thence N89º18’29”W 500.00 feet; thence N00º41’31”E 250.00 feet; thence N89º18’29”W 151.22 feet; thence N00º41'31”E 356.77 feet; thence S46º19’54”E 890.09 feet to the Point of Beginning; said parcel containing 3.67 acre more or less, located south of Catron Boulevard and east of U.S. Highway 16.

82. No. 03CA030 - 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 with a Planned Development Designation 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.

83. No. 03CA031 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 4.92 acre parcel of land from Planned Residential Development with a maximum density of one dwelling unit per acre to General Commercial with a Planned Commercial Development 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 N63º46'28"W along a non-visual line, 1115.91 feet to the TRUE POINT OF BEGINNING; 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 209.54 feet, a chord bearing of N76º41'20"E and a chord length of 209.06 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 194.84 feet, a chord bearing of S09º21'48"E and a chord length of 195.71 feet along said curve; thence S01º18'09"W 519.62 feet; thence N88º41'51"W 201.58 feet; thence N06º15'29"W 862.02 feet to the TRUE POINT OF BEGINNING; said parcel containing 4.92 acres more less, located south of Catron Boulevard and east of U.S. Highway 16.

84. No. 03CA032 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 1.90 acre parcel of land from Planned Residential Development with a maximum density of one dwelling unit per acre to Medium Density Residential with a Planned Residential Development 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 N89º18’29”W 500.00 feet to the TRUE POINT OF BEGINNING; thence N89º18’29”W 197.03 feet; thence N01º18’09”E 142.76 feet; thence along a curve to the left having a radius of 526.00 feet through a central angle of 21º19’55” with an arc length of 195.84 feet, a chord bearing of S09º21’48”E a chord length of 194.71 feet; thence N20º01’46”W 210.75 feet; thence along a curve to the right having a radius of 893.51 feet through a central angle of 01º56’23” with an arc length of 170.60 feet a chord length of 170.34 feet; thence S00º41’31”E 356.77 feet; thence S89º18’29”E 151.22 feet; thence S00º41’31”W 250.00 feet to the Point of Beginning; said parcel containing 1.90 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.

85. No. 03CA033 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 20.82 acre parcel of land from Planned Residential Development with a maximum density of one dwelling unit per acre to Planned Residential Development with 2.5 dwelling units per acre 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: Beginning at the found corner stamped R.L.S. No. 4208 of the center 1/4 corner of Section 26; this being the TRUE POINT OF BEGINNING; thence S02º00'56"W 1325.99 feet; thence N87º48'27"W 680.57 feet; thence N01º18'09"E 1307.89 feet; thence S89º18'29"E 697.03 feet to the Point of Beginning; said parcel containing 20.82 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.

86. No. 03CA034 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 5.33 acre parcel of land from Planned Residential Development with a maximum density of one dwelling unit per acre to Office Commercial with a Planned Commercial Development 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: Beginning at the found corner stamped R.L.S. 4208 of the center 1/4 corner of Section 26; Thence S42º17'28"W along a non-visual line, 1733.45 feet to the TRUE POINT OF BEGINNING; thence N31º04'35"E 503.44 feet; thence N01º18'09"E 400.00 feet; thence N06º15'29"W 87.98 feet; thence S88º41'51"E 201.58 feet; thence S01º18'09"W 931.03 feet; thence N87º48'27"W 440.05 feet to the TRUE POINT OF BEGINNING; said parcel containing 5.33 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.

87. No. 03CA035 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 4.04 acre parcel of land General Commercial with a Planned Commercial Development to Office Commercial with a Planned Commercial Development 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: Beginning at the found corner stamped R.L.S. 4208 of the center 1/4 corner of Section 26; thence S42º17'28"W along a non-visual line, 1733.45 feet to the TRUE POINT OF BEGINNING; thence N01º18'09"E 924.20 feet; thence S88º41'51"E 238.42 feet; thence S06º15'29"W 87.98 feet; thence S01º18'09"W 400.00 feet; thence S31º04'35"W 503.44 feet to the TRUE POINT OF BEGINNING; said parcel containing 4.04 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.

88. Authorization for Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements 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. (O3SV032)

89. 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.

90. 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.

91. Authorization of Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements on Lots 6 and 7 and the 30 foot x 150 foot private drive, all of Lot 10, Gilmore Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2517 Plateau Lane. (03SV037)

92. No. 03SV037 - A request by Gary and Connie Janzen for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalks and street light conduit on Plateau Lane as per Chapter 16.16 of the Rapid City Municipal Code on Lots 6 and 7 and the 30 foot x 150 foot private drive, all of Lot 10, Gilmore Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2517 Plateau Lane.

93. No. 03SV038 - 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, water, sewer and pavement along Elm Street as per Chapter 16.16 of the Rapid City Municipal Code on the NE1/4 NW1/4 NW1/4 GL 1, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located approximately 660 feet to the east of the Parkview Drive terminus.

Public Comment on Items 94-104

ORDINANCES & RESOLUTIONS

94. No. 03OA002 (LF101503-05) – Second Reading, Ordinance 3934 entitled An Ordinance Regulating Storage and Parking of Trucks, Trailers and Commercial Vehicles by Amending Chapter 10.40 of the Rapid City Municipal Code to Include a New Section 10.40.200.

95. 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 in the northeast corner of Alta Vista Drive and Anamaria Drive.

96. No. 03RZ040 - Second 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, this being the POINT OF BEGINNING; thence N89º18’29”W 697.03 feet; thence N01º18'09"E 142.76 feet; thence along a curve to the left having a radius of 526.00 feet through a central angle of 21º19'55" with an arc length of 195.84 feet, a chord bearing of N09º21'48"W and a chord length of 194.71 feet along said curve; thence N20º01'46"W 210.75 feet; thence along a curve to the left having a radius of 893.51 feet through a central angle of 10º56'23" with an arc length of 170.60 feet, a chord bearing of N64º30'03"E and a chord length of 170.34 feet along said curve; thence S46º19'54"E 890.09 feet to POINT OF BEGINNING; said parcel containing 5.57 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.

97. No. LF101503-04 – Second Reading, Ordinance 3992 entitled An Ordinance Eliminating the Position of Director of Golf within the Department of Parks and Recreation by Amending Section 2.89.050 and Subsection (B)(2) of Section 2.89.060 of the Rapid City Municipal Code.

98. No. LF100103-18R – Second Reading, Ordinance 3993 entitled An Ordinance Amending the Capital Improvements Committee Operating Procedures by Amending Section 3.16.090 of the Rapid City Municipal Code.

99. No. 03RZ039 - Second Reading, Ordinance 3994, a request by Dream Design International, Inc. for a Rezoning from No Use District to General Commercial District on a previously unplatted parcel of land in the SW1/4 of the N1/4 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 209.54 feet, a chord bearing of N76º41'20"E and a chord length of 209.06 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 195.84 feet, a chord bearing of S09º21'48"E and a chord length of 194.71 feet along said curve; thence S01º18'09"W 519.62 feet; thence N88º41'51"W 440.00 feet to the TRUE POINT OF BEGINNING; said parcel containing 7.26 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.

100. No. 03RZ041 - Second Reading, Ordinance 3995, a request by Dream Design International, Inc. for a Rezoning from No Use District to Low 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: Beginning at the found corner stamped R.L.S. No. 4208 of the center 1/4 corner of Section 26; this being the TRUE POINT OF BEGINNING; thence S02º00'56"W 1325.99 feet; thence N87º48'27"W 680.57 feet; thence N01º18'09"E 1307.89 feet; thence S89º18'29"E 697.03 feet to the Point of Beginning; said parcel containing 20.82 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.

101. No. 03RZ042 - Second Reading, Ordinance 3996, a request by Dream Design International, Inc. for a Rezoning from No Use District to Office Commercial District 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: Beginning 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 S88º41'51"E 440.00 feet; thence S01º18'09"W 931.03 feet; thence N87º48'27"W 440.05 feet; thence N01º18'09"E 924.20 feet to the TRUE POINT OF BEGINNING; said parcel containing 9.37 acres more or less, located south of Catron Boulevard and east of U.S. Highway 16.

102. No. LF102903-08 – First Reading, Ordinance 3999 entitled An Ordinance Adopting the 2003 Uniform Plumbing Code with Amendments by Amending Chapter 15.24 of the Rapid City Municipal Code.

103. No. LF102903-09 – First Reading, Ordinance 4000 entitled An Ordinance Clarifying the Prohibition on Discharging Firearms within the City of Rapid City by Amending Section 9.28.050 of the Rapid City Municipal Code.

104. No. 03RZ045 - First Reading, Ordinance 4001, a request by Cindy Guthrie and Ken Kirkeby for Lutheran Social Services for a Rezoning from No Use District to Office Commercial District on Lot A of Lot 3 of the SE1/4 NE1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1010 Soo San Drive.

Public Comment on Item 105-109

LEGAL & FINANCE COMMITTEE ITEMS

105. No. LF102903-15 – Authorize Mayor and Finance Officer to sign Law Enforcement Joint Powers Agreement between South Dakota Office of Attorney General, County of Pennington, County of Meade, County of Lawrence, and City of Rapid City.

106. No. LF102903-05 – Approve Resolution to Revise the Non-Union Compensation Plan.

107. No. LF102903-06 – Approve recommendation from the Subsidy Committee for 2004 Subsidy Funds (Human Services Organizations).

108. Approve recommendation from the Subsidy Committee for 2004 Subsidy Funds (Arts Organizations).

109. No. LF102903-14 – Approve Travel Request for James J. Walraven to attend Golf Course Superintendent Association of America 75^th International Golf Course Conference & Show February 9-14, 2004, in San Diego, California, in the approximate amount of $1,145.

Public Comment on Items 110-113

PUBLIC WORKS COMMITTEE ITEMS

110. No. PW102803-02 – Request staff to engage Rapid Valley Sanitary District in a discussion regarding water service in the Copperfield Subdivision; request staff to research the Rapid Valley Sanitary District contract; and reconvene the Utility Services Outside Rapid City Task Force.

111. No. PW102803-04 – Change Order No. 01F for Parkview Softball Complex Phase 2 Project No. PR02-1216 to Simon Contractors of South Dakota for an increase of $9,721.49.

112. No. PW101403-04 – Authorize Mayor and Finance Officer to sign Black Hills Power, Inc. Right-Of-Way Permit – OH/UG Corporation on Lot 1 of Block 65 and vacated alley adjacent to said lot of the Original Town of Rapid City located in the SW ¼ of Section 36, T2N, R7E, BHM, Pennington County , South Dakota .

113. No. PW102803-06 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement with CETEC Engineering Services, Inc. to Design Southwest Area Pumping System Improvements Project No. W97-700 for NO COST.