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

November 17, 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 November 3 and November 12, 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 (None)  

ITEMS FROM THE MAYOR

1.         Citizen of the Month Award  

2.         Veteran of the Month Award  

3.         Employee Awards  

4.         Discussion of downtown revitalization  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – Items 5-26

            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 December 1, 2003:

5.         No. 02PL040 - A request by Dream Design International, Inc. for a Final Plat on Lots 1-6 of Block 1; Lot 1 of Block 2; Lots 1-20 of Block 3, Lots 1-14 of Block 4; Lot 1 of Block 5, of Eastridge Subdivision and dedicated Enchantment Road, Eastridge Drive, Sally Court, and major drainage easements located in the NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as NE1/4 NW1/4; N1/2 NE1/4 less NW1/4 NW1/4 NE1/4 and less NE1/4 NW1/4 NE1/4 and less NW1/4 NE1/4 NE1/4; NW1/4 NW1/4; SE1/4 NW1/4 less the west 460 feet of the south 990 feet and less Lot H1; SW1/4 NW1/4 less the south 990 feet, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Fifth Street.  

6.         No. 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.  

7.         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.  

8.         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.  

9.         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.  

10.       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.  

11.       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.  

12.       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.  

13.       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.  

14.       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.  

15.       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.  

16.       No. 03PL094 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Preliminary and Final Plat on Lot 2, Moon Ridge Subdivision, located in the NE1/4 of the SE1/4, Section 34, T1N,R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 2 of Pioneer Subdivision located in the NE1/4 of the SE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the U.S. Highway 16 and Moon Meadows Road.  

17.       No. 03PL097 - A request by Renner & Sperlich Engineering Company for Doeck, LLC for a 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.  

18.       No. 03PL104 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lot 13 and Tract A, Block 4; Lots 6 thru 12, Block 16; Lots 1A thru 12A, Lots 1B thru 12B, and Tract B, Block 18; Tract C and Dedicated Streets; Big Sky Subdivision, located in the N1/2 NW1/4 SE1/4 and the SW1/4 NE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the SW1/4 NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the unplatted portion of the NW1/4 SE1/4 less Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Patricia Street, Aurora Drive and Carl Avenue.  

19.       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.  

20.       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.  

21.       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 the intersection of U.S. Highway 16 and Moon Meadows Road.  

22.       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.  

23.       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.  

24.       No. 03SV042 - A request by James E. Martin for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and waive the requirement to dedicate right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2, Macdonald Subdivision, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the south 395.8 feet of the north 737.7 feet of the unplatted portion of the NW1/4 SE1/4 Section 26, T2N, R7E, BHM, Rapid City, Pennington County South Dakota; and, the east 720 feet of the south 197.9 feet of the north 935.6 feet of the unplatted portion of the NW1/4S E1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1840 Tranquil Trail.  

Continue the following items until December 15, 2003:

25.       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.  

26.       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.  

End of Continued Items Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

27.       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

28.       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

29.       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

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

31.       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

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

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

34.       Fraternal Order of Eagles, Rapid City Aerie No. 3555, 1410 Centre Street, for an On-Sale Liquor License Renewal and Sunday Opening

35.       Robert W. Johnson dba Canyon Lake Pub & Casino, 4116 Jackson Boulevard , for an On-Sale Wine License Renewal

36.       Dick & Waneta Ragels dba Meadowbrook Grill & Pub, 3625 Jackson Boulevard , for an On-Sale Wine License Renewal

37.       United Downtown Association, for a special malt beverage license and a special wine license to be used November 20 and November 21, 2003 at 516 Seventh Street  

Set for Hearing ( December 1, 2003 )

38.       No. CC111703-03 – See Attached List  

CONSENT CALENDAR ITEMS – 39-77  

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 )  

Public Works Committee Consent Items

39.       Acknowledge the report on the Standard Specifications for Public Works Construction Update by George Dunham.

40.       Request the Mayor to reconvene the Utility Services Outside Rapid City Task Force.

41.       Request Building Inspection staff to mail all material relevant to filing a setback variance; and all filing and certified mailing fees be paid from the Planning Department budget for Dennis Brant, 1701 Lodge.

42.       No. CC110303-01 – Approve the bid award of the Portable Generator for Utility Maintenance to lowest responsible bidder meeting specifications, Cummins Great Plains, Inc. for the low unit price bid for a total contract amount of $26,747.74.

43.       No. PW111203-03 – Approve Change Order No. 02F for Hawthorne Avenue Street & Utilities Reconstruction Phase 1 Project No. SS98-806 to Heavy Constructors, Inc. for an increase of $30,541.61.

44.       No. PW111203-04 – Approve Change Order No. 04F for Water Reclamation Facility Improvements – Administration Building Project No. WRF01-1132 to Scull Construction Service, inc. for an increase of $13,572.00; contingent upon approval from the South Dakota Department of Environment and Natural Resources.

45.       No. PW111203-05 – Approve Change Order No. 04 for Co-Compost Facility Project No. SW00-1168 to RCS Construction, Inc. for an increase of $20,155.00.

46.       No. PW111203-06 – Approve Change Order No. 02F for North LaCrosse/East Anamosa Intersection Improvements Project No. ST02-1189 to Heavy Constructors, Inc. for a decrease of $13,024.79.

47.       No. PW111203-07 – Approve Change Order No. 01 for Miscellaneous Improvements Project No. MIP03-1236 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $2,587.00.

48.       No. PW111203-08 – Approve Change Order No. 01F for 2003 Roadway Marking Contract Project No. PM03-1304 to United Rentals Highway Technologies for adjustment of installed quantities (no cost).

49.       No. PW111203-09 – Approve Change Order No. 01F for North Seventh Street Emergency Water Main Reconstruction Project No. W03-1327 to RCS Construction, Inc. for a decrease of $15,898.75.

50.       No. PW111203-10 – Authorize Mayor and Finance Officer to sign South Dakota Department of Transportation Amendment No. 01 to Maintenance and Financial Agreement No. 612901 for Project 0164-452 PCEM 1684 East North & Cambell Pedestrian Pole Replacement Project No. ST03-1298.

51.       No. PW111203-11 – Authorize Mayor and Finance Officer to sign South Dakota Department of Transportation Agreement for Federal-Aid Enhancement Project P OENH(131 PCN H107 Memorial Park.

52.       No. PW111203-12 – Authorize Mayor and Finance Officer to sign Agreement with The Church of God of Prophecy, 1501 Minuteman Drive for Temporary Construction Easement on LaCrosse Street/East Anamosa Street Intersection Improvement Project No. ST02-1189.

53.       No. PW111203-13 – Authorize Mayor and Finance Officer to sign Agreement with Red Rock Development Company, LLC for underground irrigation system.

54.       No. PW111203-14 - Approve Out-of-the-Dust funds in the amount of $4,000 to pave a portion of an alley in Block 10, Blakes Addition located East Philadelphia and East New York from Milwaukee to Waterloo .

55.       No. PW111203-15 – Request staff to seek Requests for Proposals for Catron Boulevard Sewer Extension from Hwy 79 to 5th Street Project No. SS01-1052.

56.       No. PW111203-16 – Request staff to prepare an agreement requiring the affected property owner to reimburse the City for the proposed contract changes for the Parkview Drive Extension Project No. ST03-1006.

57.       No. PW111203-17 – Approve a request for transfer of tax deed property (Lot 1, Block 14, Robbinsdale Addition No. 10) from Pennington County (existing detention facility).  

Legal & Finance Committee Consent Items

58.       No. LF111203-01 – Approve Travel Request for Rapid City Weed & Seed to Attend Annual Retreat to be held at the Rapid City Quality Inn November 24, 2003, in the approximate sum of $630.

59.       No. LF111203-02 – Confirm appointment of Craig Stump to the Downtown Historic Sign Review Committee.

60.       Confirm appointment of Jason Green as City Attorney.

61.       Confirm appointment of Kathryn Henning to the Planning Commission (filling an unexpired term from Ward 2).

62.       Request that Jim Preston, Rodell Grosz, and Doug Aldrich review the pros and cons of videotaping the Public Works and Legal and Finance Committee meetings, and bring a recommendation to the January 28, 2004, Legal and Finance Committee meeting.

63.       Approve Travel Request for four employees from the Police Department to attend CALEA Conference (accreditation) in Colorado Springs , Colorado , from November 18-23, 2003 , in the amount of $3,487.

64.       No. LF111203-03 – Approve Resolution Amending the Plan for Projects and Programs to be Funded from the Rapid City Economic Development and Civic Improvements Fund.

65.       No. LF111203-04R – Approve Resolution to Amend the City of Rapid City Healthcare Benefit Plan.

66.       Authorize staff to go out with request for proposals for third party administrator, network provider, healthcare management provider, pharmacy plan manager, and stop loss coverage with regard to the City’s healthcare plan.

67.       No. LF111203-05 – Approve Resolution Authorizing Fund Transfer.

68.       No. LF111203-06 – Approve Resolution Declaring Property Surplus.

69.       No. LF111203-08 – Authorize Mayor and Finance Officer to sign Memorandums of Understanding with unions regarding Health Care.

70.       No. LF111203-07 – Authorize Mayor and Finance Officer to Sign Roosevelt Ice Arena Ice Rental Contract with Rushmore Curling Club.

71.       No. CC111703-04 - Approve Resolution Establishing 2004 Golf Course Rates.

71A.    Approve the following licenses: Metals and Gems: Brown and Associates, Ray Brown; House Mover: Dakota Hills Housemoving, Geoff Hooper; Pawn Shop: First Stop Gun & Coin, Mark L. Blote; First Stop Pawn Shop, Mark L. Blote; Pawn-Derosa-Pawn, Carol Allison; Pawn With Us, Robert M. Tschetter; Residential Contractor: Bickett Construction, Jim Bickett; Clement Construction, Marshall L. Clement; Hills Materials Company, Lynn Kading; Legacy Homes, LLC, Michael P. Derry & Dell Voth; Olsen Development Company, Inc., Phillip S. Olsen; Oxner Construction, Rick Oxner; Rushmore Companies, Inc., Gale Davis; T. O. Construction, Terry Oyler; Willmschen Construction, Jason Willmschen; Second Hand: Mick’s Scuba Center, Michael L. Gerhard; Scheels All Sports, Karen Jones; Security Business: Jack A. Werner, Ace Security, Inc.; Taxi: Bryan V. Leui, Rapid Taxi, Inc.  

Planning Department Consent Items

72.       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.  

73.       No. 03PL093 - A request by Renner & Sperlich Engineering Company for Walgar Development Company for a 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.  

74.       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.  

75.       No. 03PL102 - A request by Wasteline, Inc. for Century Resources, Inc. for a Layout Plat on Lot 4 of Block 1, Menard Subdivision, located in the SE1/4 of NW1/4 and NE1/4 of SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the SE1/4 of NW1/4 and a portion of the unplatted balance of the NE1/4 of SW1/4, all in Section 32, located in the SE1/4 of NW1/4 and NE1/4 of SW1/4 Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1705 East Anamosa Street.  

76.       No. 03PL103 - A request by James E. Martin for a Layout Plat on Lots 1 and 2, Macdonald Subdivision, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the south 395.8 feet of the north 737.7 feet of the unplatted portion of the NW1/4 SE1/4 Section 26, T2N, R7E, BHM, Rapid City, Pennington County South Dakota; and, the east 720 feet of the south 197.9 feet of the north 935.6 feet of the unplatted portion of the NW1/4 SE1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1840 Tranquil Trail.  

77.       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 .  

END OF CONSENT CALENDAR  

Public Comment on Item 78-79  

PUBLIC HEARING

78.       No. CC111703-01 - Resolution Levying Assessment for Block 7 Alley Paving (Boulevard Addition) Project No. ST03-1269  

79.       No. CC111703-02Resolution Levying Assessment for Block 16 Alley Paving (Wise Addition) Project No. ST03-1278  

Public Comment on Items 80-81  

PLANNING DEPARTMENT - HEARINGS

80.       No. 03CA036 - A request by Cindy Guthrie and Ken Kirkeby for Lutheran Social Services for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.98 acre parcel of land from Residential to Office Commercial with a Planned Commercial Development 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.  

81.       No. 03SV041 - A request by Renner & Sperlich Engineering Company for Walgar Development Company for a Variance to the Subdivision Regulations to waive the requirements to dedicate an additional 10 feet of right of way along Minnesota Street as per Chapter 16.16 of the Rapid City Municipal Code on legally described as a portion of the NW1/4 of the SE1/4 located in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at northeasterly corner of Lot 19 of Block 6 of Robbinsdale Addition No. 10, common to a point on the southerly boundary of Lot 18 of Block 6 of Robbinsdale Addition No. 10, and the point of beginning; Thence first course: N69º41'00"E, along the southerly boundary of said Lot 18, a distance of 200.00 feet, to the southeasterly corner of said Lot 18; Thence second course: S19º41'41"E, a distance of 35.68 feet to a point of curve; Thence third course: curving to the left on a curve with a radius of 296.12 feet, a delta angle of 18º18'43", a length of 94.64 feet, a chord bearing of S28º50'29"E, and a chord distance of 94.24 feet, to a point on the northerly edge of right-of-way of Minnesota Street; Thence fourth course: curving to the left, along the northerly edge of right-of-way of said Minnesota Street, on a curve with a radius of 1343.10 feet, a delta angle of 00º14'20", a length of 5.60 feet, a chord bearing of S50º40'10"W, and a chord distance of 5.60 feet, to a point of curve; Thence fifth course: S50º33'00"W, along the northerly edge of right-of-way of said Minnesota Street, a distance of 97.98 feet, to a point of curve; Thence sixth course: curving to the right, along the northerly edge of right-of-way of said Minnesota Street, on a curve with a radius of 524.52 feet, a delta angle of 12º58'56", a distance of 118.85 feet, a chord bearing of S57º02'28"W, and a chord distance of 118.59 feet, to the southeast corner of said Lot 19; Thence seventh course: N20º19'00"W, along the easterly boundary of said Lot 19, a distance of 188.77 feet, to the northwesterly corner of said Lot 19, and the point of beginning; said parcel contains 0.769 acres more or less, located northwest of the intersection of Wisconsin Avenue and Minnesota Street.  

Public Comment on Items 82-88  

ORDINANCES & RESOLUTIONS

82.       No. 03OA002 – First Reading, Ordinance 3913 entitled An Ordinance Amending Section 17.50.280 of Chapter 17.50 of the Rapid City Municipal Code Relating to Storage and Parking of Trucks, Trailers, and Commercial Vehicles.  

83.       No. LF100103-24R – 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.  

84.       No. LF100103-18R – First 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.  

85.       No. LF102903-08 – Second 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.  

86.       No. LF102903-09 – Second 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.  

87.       No. 03RZ045 – Second 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.  

88.       No. 03RZ046 – First Reading, Ordinance 4002, a request by the City of Rapid City to consider an application for a Rezoning from Low Density Residential District to Medium Density Residential District on the SE1/4 SE1/4 SE1/4 NW1/4 and NW1/4 SE1/4 SE1/4 NW1/4 less Edinborough Subdivision, all located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Catron Boulevard and east of U.S. Highway 16.  

Public Comment on Item 89-93  

LEGAL & FINANCE COMMITTEE ITEMS

89.       No. LF102903-10R – Authorize Mayor and Finance Officer to sign Agreement with Pennington County Regarding Payment for Animal Control and Animal Shelter Services.  

90.       No. LF102903-11R – Authorize Mayor and Finance Officer to sign Agreements with Humane Society for Animal Control and Animal Shelter Services.  

91.       No. LF102903-12 – Request Council to set a public hearing to discuss the Contract with Rapid City YMCA for the Lease of LaCroix Golf Course.  

92.       Recommend that the Council approve construction of the Meadowbrook Golf Course cart barn without a sprinkler system.  

93.       Confirm the Mayor’s appointment of Scott Nash to the Planning Commission.  

Public Comment on Items 94-95  

PUBLIC WORKS COMMITTEE ITEMS

94.       No. PW111203-01 – Proposal to re-vegetate Robbinsdale Park adjacent to Un-Named Tributary, Roger G. Peterson, Gandolf Group, LLC.  

95.       Request staff to cease negotiations and consideration of the lease back proposal and all appropriate parties be notified.  

FINANCE OFFICER’S REPORT  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT

 PUBLIC WORKS DIRECTOR’S REPORT  

CITY ATTORNEY’S REPORT

96.       Executive Session – Update on Contract Negotiations

DEVELOPMENT APPEALS AND REVIEW BOARD

2012 COMMITTEE MEETING  

97.       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.

98.      No. PW111203-02 - Change Order No. 01F for Parkview Softball Complex Phase 3 Project No. PR03-1293 to Corr Construction Services, Inc. for an increase of $575.00.  

ADJOURN