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

January 5, 2004

(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 December 15 and December 29, 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.         Appointment of Marcia Elkins as City Growth Management Director

3.         Oath of Office for Department Heads  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

4.         No. CC010504-03 - Policy of initialing and dating redlines and plan reviews – Kooiker, Kriebel and Rodriguez  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – Items 5-31

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 January 19, 2004:

5.         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 .  

6.         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.  

7.         No. 03AN012 - A request by Dream Design International, Inc. for a Petition for Annexation on the west 1321.62 feet of the sixty six foot wide section line highway lying between Sections 24 and 13, T2N, R7E, BHM; 2657.06 feet of the sixty six foot wide section line highway lying between Section 24 and 23, T2N, R7E, BHM; and the south 2644.24 feet of the sixty six foot wide section line highway lying between Sections 14 and 13, T2N, R7E, BHM; located in Section 13, 14, 23 and 24, T2N, R7E, BHM, Pennington County, South Dakota, located north of Nicole Street west of Haines Avenue.  

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. 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.  

11.       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.  

12.       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.  

13.       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.  

14.       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.  

15.       No. 03PL088 - A request by Dream Design International, Inc. for Sally Broucek for a 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.  

16.       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.  

17.       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.  

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. 03PL113 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lot 12 of Block 6, Red Rock Estates located in the SW1/4 of the NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the SW1/4 of the NE1/4 Section 29 and a part of Picardi Ranch Road located in the SW1/4 of the NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Muirfield Drive.  

20.       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.  

21.       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 in 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.  

22.       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.  

23.       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.  

24.       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 U.S. Highway 16 and Moon Meadows Road.  

25.       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 , legally described as 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.  

26.       No. 03VR014 - A request by Dream Design International, Inc. for a Vacation of Section Line Highway on the west 1321.62 feet of the sixty six foot wide section line highway lying between Section 24 and 13, T2N, R7E, BHM; 2657.06 feet of the sixty six foot wide section line highway lying between Section 24 and 23, T2N, R7E, BHM; and the south 2644.24 feet of the sixty six foot wide section line highway lying between Sections 14 and 13, T2N, R7E, BHM; located in Section 13, 14, 23 and 24, T2N, R7E, BHM, Pennington County, South Dakota, located north of Nicole Street and west of Haines Avenue.  

Continue the following items until February 2, 2004:

27.       No. 03CA041 - A request by Franklin Simpson for an Amendment to the Comprehensive Plan to change the future land use designation on a 1.792 acre parcel of land from Park Forest to Medium Density Residential with a Planned Residential Development on a parcel of land described by metes and bounds as beginning at the southwesterly corner of Tract H of the Wesleyan Christian Center, Thence first course: N76º34'25"E a distance of 263.55 feet to the SE corner of said Tract H; Thence second course: N69º06'06"E a distance of 98.75 feet to the westerly right-of-way line of Sunny Springs Road; Thence third course: S17º49'19"E a distance of 195.45 feet to an angle point of Sunny Springs Road right-of-way; Thence fourth course: S27º11'30"W a distance of 14.14 feet to the north right-of-way line of Harmony Heights Lane; Thence fifth course: S72º12'18"W a distance of 256.21 feet to a point of curvature on the north line of Harmony Heights Lane; Thence sixth course: along an arc to the right, which radius is 170.00 feet an arc distance of 110.36 feet to a point of tangency on the north line of Harmony Heights Lane; Thence seventh course: N70º21'42"W a distance of 53.48 feet to the east right-of-way line of Plaza Boulevard; Thence eighth course: along the east right-of-way line of Plaza Boulevard, on an arc to the left, which radius is 333.35 feet an arc distance of 162.41 feet, and the chord bearing of N00º31'03"E a distance of 160.81 feet, to the point of beginning, said parcel of land containing 1.792 acres more or less, all lying in the NE1/4 SE1/4 of Section 27 and in the NW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Harmony Heights Lane.  

28.       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.  

29.       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.  

30.       No. 03PL112 - A request by Franklin Simpson for a Preliminary and Final Plat on Tract M1 and M2, Fountain Springs Business Park, located in the NE1/4 SE1/4 of Section 27, and the NW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 SE1/4 of Section 27 and a portion of the NW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Harmony Heights Lane.  

31.       No. 03PL117 - A request by Dream Design International, Inc. for a Preliminary and Final Plat on Lots 1 and 2, Block 12; Lots 1 thru 7, Block 15; Lots 1 thru 10, Block 17;  Lots 1 thru 17, Block 18; Outlots G-1, G-2, G-3 and X and dedicated streets, Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of  the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Prestwick Road and Bethpage Drive.  

32.       No. 03RZ049 - Second Reading, Ordinance 4005, a request by Franklin Simpson for a Rezoning from General Agriculture District to Medium Density Residential District on a parcel of land described by metes and bounds as beginning at the southwesterly corner of Tract H of the Wesleyan Christian Center, Thence first course: N76º34'25"E a distance of 263.55 feet to the SE corner of said Tract H; Thence second course:  N69º06'06"E a distance of 98.75 feet to the westerly right-of-way line of Sunny Springs Road; Thence third course:  S17º49'19"E a distance of 195.45 feet to an angle point of Sunny Springs Road right-of-way; Thence fourth course: S27º11'30"W a distance of 14.14 feet to the north right-of-way line of Harmony Heights Lane; Thence fifth course: S72º12'18"W a distance of 256.21 feet to a point of curvature on the north line of Harmony Heights Lane; Thence sixth course: along an arc to the right, which radius is 170.00 feet an arc distance of 110.36 feet to a point of tangency on the north line of Harmony Heights Lane; Thence seventh course: N70º21'42"W a distance of 53.48 feet to the east right-of-way line of Plaza Boulevard; Thence eighth course: along the east right-of-way line of Plaza Boulevard, on an arc to the left, which radius is 333.35 feet an arc distance of 162.41 feet, and the chord bearing of N00º31'03"E a distance of 160.81 feet, to the point of beginning, said parcel of land containing 1.792 acres more or less, all lying in the NE1/4 SE1/4 of Section 27 and in the NW1/4 SW1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Harmony Heights Lane.  

End of Continued Items Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS  

Hearings

33.       Taira L. Hoeye dba St. Joe Pub, 710 St. Joseph Street , for an On-Sale Liquor License Transfer (from High Plains Securities)

34.       CCKT, Inc, dba Queen of Hearts Casino, 316 East Boulevard , for an On-Off Sale Malt Beverage License Transfer (from Jim Berendes)  

Set for Hearing ( January 19, 2003 )

35.       Piesano’s Pacchi, Inc. dba Piesano’s, 3618 Canyon Lake Drive , for an On-Off Sale Malt Beverage License Transfer (from M&M Restaurant, Inc.)

36.       Piesano’s Pacchi, Inc. dba Piesano’s, 3618 Canyon Lake Drive , for an On-Sale Wine License (New License – No Video Lottery)  

CONSENT CALENDAR ITEMS – 37-66  

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 ( February 2, 2004 )

37.       No. 03VR015 - A request by Sperlich Consulting, Inc. for Dean Kelly for a Vacation of Section Line Highway on the section line highway located along the north lot line of Lot 6, Miracle Pine Subdivision, all located in the SE1/4 of SW1/4 of Section 16 and in the NE1/4 of NW1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3960 Corral Drive.  

Public Works Committee Consent Items

38.       Request that the Air Quality Board meet with homeowners, the Homebuilders Association and the Ordinance Review Committee to review the issue of dust generated by earth moving, and look at alternative amendments.

39.       Refer to the Planning Commission the second kitchen criteria for residential dwellings and multiple residents in a single structure.

40.       No. PW123003-02 – Approve Change Order No. 05 and Final for Wildwood Drive Street and Utilities Construction Project No. WSS00-943 to Hills Materials Company for a decrease of $21,004.68.

41.       No. PW123003-03 – Approve Change Order No. 01 for Parkview Drive Extension Project No. ST03-1006 to RCS Construction, Inc. for an increase of $33,523.50.

42.       No. PW123003-04 – Approve Change Order No. 03 and Final for Sheridan Lake Road Sanitary Trunk Sewer Extension Project No. SS00-1007 to Mainline Contracting, Inc. for a decrease of $34,145.34.

43.       No. PW123003-05 – Approve Change Order No. 04 and Final for Community Centers at South and West Middle Schools Project No. PR01-1051 to J. Scull Construction Services for an increase of $5,391.72.

44.       No. PW123003-06 – Approve Change Order No. 01 for Arrowhead Basin Detention Pond, Element 302 Project No. DR01-1126 to Lind-Exco for an increase of $2,535.12.

45.       No. PW123003-07 – Approve Change Order No. B03 for Roosevelt Park Pool Complex Project No. PR02-1208 to RCS Construction, Inc. for an increase of $3,940.00.

46.       No. PW123003-08 – Approve Change Order No. 01 for 8th Street Water Main Extension Project No. W03-1308 to Mainline Contracting, Inc. for an increase of $810.00.

47.       No. PW123003-09 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to Agreement No. 612814 with the South Dakota Department of Transportation for P 1669(26) PCEMS 3595, Haines Avenue.

48.       No. PW123003-10 – Authorize Mayor and Finance Officer to sign Software Maintenance Agreement with Advanced Weighing Systems, Inc. for Rapid City Landfill Scale Software for an amount not to exceed $1,400 for 2004.

49.       No. PW123003-11 – Approve the installation of a stop sign at the intersection of West Street/Columbus Street, east and west.

Legal & Finance Committee Consent Items

50.       No. LF122903-01 – Approve the Beautification Committee recommendation for beautification funding commitment for the Omaha Street Beautification and Historic Preservation Transportation Enhancement Project-West Memorial Park Phase only.

51.       No. LF122903-02 – Confirm appointment of Greg Lind, Louis Schwengler, and Tim Madsen to the Rapid City Trenching Board.

52.       No. LF122903-03 – Confirm reappointment of Jim White, John Wrede, and Joel Jundt to the Rapid City Beautification Committee.

53.       No. LF122903-05 – Authorize Mayor and Finance Officer to sign Agreement for Independent Contractor Services with Dr. Jack Gaines.

54.       No. 600 – Approve a request by the City of Rapid City for the Dissolution of Tax Increment District No. 7 on a portion of Tract A Revised, Tract D and a portion of Tract C Revised, all including the right-of-way therein (formerly Tracts A and B and the right-of-way therein), all located in Walpole Heights Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of U.S. Highway 16 at the intersection of Fairmont Blvd. and U.S. Highway 16.

55.       Authorize staff to combine the Special Project Planner and the Annex Planner into one FTE position for the 2004 budget year for the Community Planning Coordinator with the understanding that staff could come back and request that this position be replaced in future years.

56.       No. LF122903-06 – Approve Travel Request for Keith L’Esperance to attend Annual International Public Risk Management Association Conference in Fort Lauderdale, FL, from June 13-16, 2004, in the approximate amount of $1,865.

57.       No. LF122903-12 – Approve Resolution to Amend the Non-Union Position of Airport Executive Director.

58.       No. LF121003-16 – Authorize Mayor and Finance Officer to sign Maintenance Contract with McKie Ford for RTS Vehicles.

59.       No. LF122903-07 – Authorize Mayor and Finance Officer to sign Ice Rental Contract with The Hooligans.

60.       No. LF122903-08 – Authorize Mayor and Finance Officer to sign Ice Rental Contract with Rushmore Hockey Association.

61.       Authorize staff to submit Grant Application to Federal Transit Administration for Annual Operating and Capital Assistance for CY 2004 (SD90X043).

62.       No. LF122903-11 – Award bid to Grande American Bus Sales for two 2004 para transit vehicles in the amount of $92,714 (joint procurement with City of Sioux Falls ).

63.       Acknowledge City Attorney Jason Green’s report that the ordinance amending ward and precinct boundaries will have to be changed every time new property is annexed.

64.       No. LF122903-09 – Approve renewal of Concession Agreement for 2004 with Mr. Rags Ice Cream.

65.       No. CC010504-02 – Approve the attached list of licenses.  

Planning Department Consent Items

66.       No. 03PL116 - A request by Olsen Development Co., Inc. for a Layout Plat on Lots 1 thru 28, Block 5, Windmere Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 5, Windmere Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the southwest corner of Twilight Drive and Meadow Lane.  

END OF CONSENT CALENDAR  

Public Comment on Items 67-69  

PLANNING DEPARTMENT - HEARINGS

67.       No. 03CA042 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the Major Street Plan by relocating a Collector Street located along the east-west section line lying between Sections 13 and 24, T2N, R7E, BHM, Pennington County South Dakota and by relocating a Collector Street currently located along the north-south section line lying between the SW1/4 of Section 13, T2N, R7E and the SE1/4 of Section 14, T2N, R7E, BHM, Pennington County, South Dakota, located north of Nicole Street and west of Haines Avenue.  

68.       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 in 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.  

69.       No. 03SV047 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to reduce the right-of-way width from 68 feet to 52 feet as per Chapter 16.16 of the Rapid City Municipal Code on a parcel of land located in SW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows:  Beginning at the southeast corner of Lot1B, Block 6 of Red Rock Estates Phase 1A, as recorded with the Pennington County Register of Deeds in Book 30, Page 162 (1 & 2); thence S14º58'00"E, 120.00 feet; thence S75º02'00"W, 144.56 feet to a point lying on a curve concave to the east and whose chord bears N22º17'57"W, 120.99 feet; thence continuing along the arc of said curve to the right whose radius is 474.00 feet and whose delta angle is 14º39'53", an arc length of 121.32 feet to a point on said curve; said point also being the southwest corner of said Lot 1B, Block 6; thence N75º02'00"E along the southerly line of said Lot 1B, Block 6, 160.00 feet to the Point of Beginning containing 0.427 acres more or less, located along Muirfield Drive.  

Public Comment on Items 70-75  

ORDINANCES & RESOLUTIONS

70.       No. LF121003-06 – Second Reading, Ordinance 4006 entitled An Ordinance Amending the Regulation of Signs Within the City of Rapid City to Allow Certain Roof Signs to be Replaced by Adding a New Subsection to Section 15.28.200 of the Rapid City Municipal Code.  

71.       No. 03RZ051 – First Reading, Ordinance 4008, a request by Joe Muth for Doeck, LLC for a Rezoning from Low Density Residential District to Low Density Residential II District on Lot 1 of Block 1 and Lot 1 of Block 2, Auburn Hills Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 730 and 810 Auburn Drive.  

72.       No. 03RZ052 - First Reading, Ordinance 4009, a request by WellSpring, Inc. for a Rezoning from Flood Hazard District to Office Commercial District on Lots 1 thru 3, Block 11, Bradsky Subdivision, Section 6, T1N, R8E, BHM, Rapid City , Pennington County , South Dakota , located at 1205 E. St. James Street .  

73.       No. 03RZ053 - First Reading, Ordinance 4010, a request by WellSpring, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District Lots 4 and 5, Block 11, Bradsky Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1205 E. St. James Street.  

74.       No. 03RZ054 - First Reading, Ordinance 4011, a request by the City of Rapid City for a Rezoning from No Use District to General Agriculture District on property described by metes and bounds as beginning at the NW corner of Section 29, T1N, R7E, BHM, Pennington County, South Dakota; which shall be the true point of Beginning; thence east along the Section line a distance of 2147.50 feet; thence north a distance of 233.00 feet; thence west a distance of 2180.51 feet; thence south a distance of 233.00 feet; thence east a distance of 33.01 feet, more or less, to the true point of Beginning; all located in Sections 19 and 20, T1N, R7E, BHM, Pennington County, South Dakota; and, beginning at the NW corner of Section 29, T1N, R7E, BHM, Pennington County, South Dakota; which shall be the true point of Beginning; thence south along the Section line a distance of 4000.00 feet; thence west a distance of 250.00 feet; thence north a distance of 1090.00 feet; thence east a distance of 216.99 feet; thence north a distance of 2910.00 feet; thence east a distance of 33.01 feet; more or less, to the true point of Beginning; all located in Section 30, T1N, R7E, BHM, Pennington County , South Dakota , located west of Red Rock Estates and north of Sheridan Lake Road .  

75.       No. 03RZ055 - First Reading, Ordinance 4012, a request by Centerline, Inc. for 3 T's Land Development LLC for a Rezoning from General Agriculture District to Low Density Residential District in the NW1/4 SW1/4 less Tract R in the NW1/4 SW1/4 and less NE1/4 NE1/4 NE1/4 NW1/4 SW1/4; N1/2 N1/2 N1/2 N1/2 SW1/4 SW1/4, all in Section 13, T1N, R7E, BHM, Rapid City , Pennington County , South Dakota , located along Minnesota Street west of 5th Street .  

Public Comment on Item 76  

LEGAL & FINANCE COMMITTEE ITEMS

76.       No. LF122903-10R – Authorization for Mayor and Finance Officer to sign Professional Service Agreement with Tracy Hamblet to operate the Meadowbrook Golf Course and Executive Golf Course 

Public Comment on Items 77-78  

PUBLIC WORKS COMMITTEE ITEMS

77.       No. 03VE021 - A request by Sperlich Consulting Inc. for Dennis Zandstra for a Vacation of Non-Access Easement and a Special Exception to the Street Design Criteria Manual on Lot 4 of Block 8 of Elks Country Estates Subdivision in the E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Willowbend Road southeast of Augusta Drive.  

78.       Request that the Mayor reappoint the Naming Rights Committee and place the issue of naming rights on the January 5, 2004 , Council agenda for further discussion.  

Public Comment on Items 79-80  

CIP COMMITTEE ITEMS

79.       No. CC010504-04 - Report on December 19, 2003 CIP Committee Meeting  

80.       No. CC010504-01 - Approve reallocation of Parks & Recreation Line Item Amounts, as follows: Canyon Lake Park Chimney Project $226,816; Canyon Lake Improvements $282,462; BH Polo & Soccer Field-Parking $128,148; Messinger/Andrews Donation $0 (allocated to Chimney project and contingency); Contingency $2,650; Total $709,260  

Public Comment on Items 81  

2012 COMMITTEE ITEMS

81.       No. CC010504-05 - Authorize expenditure of funds for design of the Dahl Expansion Project.  

FINANCE OFFICER’S REPORT  

APPROVAL OF BILLS  

POLICE DEPARTMENT REPORT  

PUBLIC WORKS DIRECTOR’S REPORT  

CITY ATTORNEY’S REPORT  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADJOURN