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

January 19, 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 – Amend the minutes of October 20, 2003 to indicate that Butler Machinery purchased the replacements parts for the Auger repair from Westech and Butler will do the labor on this project;

And amend the minutes of December 15, 2003 to include the following dialogue:

Kooiker: Thank you Mayor. I was wondering, that piece of Ward 4 that was put into Ward 5 a couple years ago, I understand that, is there, that’s a separate precinct now, right, that little square?

Preston : If I could Mayor. This is all 5-5. Essentially, the county auditor felt the best place to divide that was along this ridge line here, so this is a separate precinct right in here. Its all included here if you can see that color.

Kooiker: Would it be possible to put that area that was part of North Rapid, part of Ward 4, would it be possible to put that square to the right of that divider, put that back into 4-1 or 4-2? Because they vote at Bethel Assembly, right, so it wouldn’t make…they were voting way out at Canyon Lake and now they are voting at Bethel Assembly so it wouldn’t make a difference, we could theoretically put them back into ward 4.

Preston : If we put them back in ward 4 then we would need to go through the exercise again of trying to get all these wards to within a plus or minus 5% or equal 20% of the total city population at that time. That’s what that would require us to do. Which we may be able to do this, but that would probably require some shifting. Because as you put this in 4, we would have to move some more folks up to 5 and it would require some shifting around.

Kooiker: So we’re not in the plus or minus five right now if we moved that small square back into Ward 4?

Preston : That would put us out of the plus or minus 5%.

and approve the minutes of December 15, 2003 , December 29, 2003 ; January 5, 2004 , January 12, 2004 and January 14, 2004

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. Lila Doud – Mothers Against Drunk Driving

2. Economic Development Monthly Update – Erwin Reimann, President of the Western Research Alliance

BID OPENINGS

3. No. CC011904-01 – One New Current Model Year Landfill Trash Compactor (Opened on January 8, 2004 )

ITEMS FROM THE MAYOR

4. Citizen of the Month Award

5. Veteran of the Month Award

6. Employee Awards

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

CONTINUED ITEMS CONSENT CALENDAR – Items 7-32

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 February 2, 2004:

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. 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. 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.

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. 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.

18. No. 03PL125 - A request by Fisk Land Surveying & Consulting Engineers Inc. for Rapid City Congregation of Jehovah's Witnesses for a Layout Plat on Lot 1 Revised of Block 7 of Morningside Addition, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 4, Block 7; and, Lots 5 and 6, Block 8; all located in Morningside Addition, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of West Boulevard North along Oriole Drive and Thrush Drive.

19. No. 03RZ052 – Second 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.

20. No. 03RZ053 - Second Reading, Ordinance 4010, a request by WellSpring, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District on 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.

21. 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.

22. 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.

23. 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.

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 in 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. 03SV048 - A request by D.C. Scott Co. for Jerry Burrow for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and pavement and to waive the requirement to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lot 16 of Twilight Hills Subdivision, Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at 5252 Ross Court.

26. No. 03SV050 - A request by Fisk Land Surveying & Consulting Engineers Inc. for Rapid City Congregation of Jehovah's Witnesses for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 Revised of Block 7 of Morningside Addition, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 4, Block 7; and, Lots 5 and 6, Block 8; all located in Morningside Addition, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of West Boulevard North along Oriole Drive and Thrush Drive.

27. No. 03VR012 - A request by Alvin Ficek for Heartland GMAC Real Estate for Barbara Van Ekeren and Peggy Kelly for a Vacation of Right-of-Way on a portion of undeveloped Oriole Drive right-of-way adjoining Lots 2 and 3 in Block 7 and Lots 5 and 6 in Block 8 of Lot A of Morningside Subdivision, Section 26, T2N, R7E, BHM, Rapid City , Pennington County , South Dakota , located along Oriole Drive west of West Boulevard North .

28. No. 03VR013 - A request by Alliance of Architects and Engineers for Pennington County Housing & Redevelopment Commission for a Vacation of Right-of-Way on that portion of the alley of Block 13, Wise's Addition adjacent to Lots 4 thru 10 and Lots 11 thru 17 of said Block 13, located in the S1/2 of the NW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 305, 307, 311 and 313 East Adams Street.

Continue the following items until February 16, 2004:

29. 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.

30. 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.

31. No. 03CA040 - A request by Centerline for Ken Kirkeby and Larry Lewis for an Amendment to the Comprehensive Plan to change the future land use designation on a 14.92 acre parcel of land from Park Forest to Low Density Residential II on Parcel A of Tract SB of Springbrook Acres, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Sandstone Ridge Apartments and east of Holiday Estates.

32. No. 03RZ047 - Second Reading, Ordinance 4004, a request by Centerline for Ken Kirkeby and Larry Lewis for a Rezoning from Park Forest District to Low Density Residential II District on Parcel A of Tract SB of Springbrook Acres, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Sandstone Ridge Apartments and east of Holiday Estates.

End of Continued Items Consent Calendar

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

33. 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.)

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

Set for Hearing ( February 2, 2004 )

35. Rapid City Arts Council for a Special Malt Beverage and Special Wine License to be used at the Dahl Art Museum, 713 Seventh Street, on February 6, 2004.

CONSENT CALENDAR ITEMS – 36-75

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 (None)

Public Works Committee Consent Items

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

37. Acknowledge the report on the policy of initialing and dating redlines and plan reviews.

38. Request staff to proceed with platting, as one lot, the unplatted portion of City-owned property along Hwy 16; and to bring forward, at a later date, a recommendation to list the property with a real estate agent.

39. No. PW011304-01– Approve Change Order No. 05 for Omaha Street Water & Sewer Utilities and Median Beautification Projects Nos. SSW02-1106 & PR02-1215 to Stanley J. Johnsen Concrete contractor, Inc. for an increase of $5,231.50.

40. No. PW011304-02 – Approve Change Order No. 01 and Final for Northeast Area Sanitary Sewer Interceptor, Phase 1 Project No. SS03-1250 to Mainline Contracting, Inc. for a decrease of $9,941.66.

41. No. PW011304-04 – Authorize staff to advertise for bids for Schamber Addition (Cleghorn Water Association) Water Main Extension Project No. W03-1286.

42. No. PW011304-05 – Authorize staff to advertise for bids for Whitehead Ballfields Restroom and Picnic Shelter Project No. PR04-1332.

43. No. PW011304-06 – Authorize staff to advertise for bids for Two (2) New Current Model Year Skid Steer Loaders for Material Recovery Facility.

44. No. PW011304-07 – Authorize staff to advertise for bids for New Hydraulic Motors for Dano Drums for Material Recovery Facility.

45. No. PW011304-08 – Authorize staff to advertise for bids for Closure of Landfill Area, “Variance Pit”.

46. No. PW011304-09 – Authorize staff to advertise for bids for Replacement of Landfill Scale Deck.

47. No. PW011304-11 – Approve Out-of-the-Dust funds in the amount of $4,000 to pave a portion of an alley adjacent to 4251 Canyon Lake Drive between Canyon Lake Drive and First Avenue from Jackson Boulevard and Lakeview Drive .

48. No. PW011304-12 – Approve a Travel Request in the amount of $1,500 for Duncan Olney to attend the National Aquatic Conference in Charleston , SC , February 25 – March 2, 2004 .

49. Request staff to move forward with a new Recreation Program Guide.

50. No. PW011304-14 – Acknowledge the report on the Request for Proposals for Work Place Air Quality Study for Material Recovery Facility.

51. No. PW011304-15 – Approve the purchase of Ice Sanding Material from Birdsall Sand & Gravel, Rapid City for a price of $8,05 per ton with an approximate quantity of 5,000 ton, under State Contract #3-45-71S for the Street Department.

52. No. PW011304-16 - Acknowledge the report on the Enchanted Hills park land proposal.

Legal & Finance Committee Consent Items

53. Direct staff to work with Bob Moore and Mike Derby in identifying the property owners in the 900 block of Quincy Street , send out notices to those property owners regarding the request for two hour parking, and bring a recommendation to the Legal & Finance Committee.

54. Continue Lifeways program funding for 2004 until after the presentation from the Finance Office in February.

55. No. LF011404-12 – Confirm appointment of Dale Lamphere, Sharon Lee, and Michelle Lintz to Museum Alliance of Rapid City (Journey Board).

56. No. LF011404-13 – Confirm appointment of Van Lindquist, Wes Storm, Sheri Zimmer, Tom Allen, and Hugh Welsh to Parks and Recreation Board.

57. Change the City Council Agenda Format to move the recognition and awards items before general public comment.

58. No. LF011404-02 – Authorize staff to purchase 6 MSA MMR Self Contained Breathing Apparatus (60 Min.) in the Sum of $23,776.56.

59. No. LF0114040-03 – Authorize staff to advertise for bids for One Mass Decontamination Shower System.

60. No. LF011404-04 – Approve Travel Request for Richard Lehmann, Robert Powell, and Councilman Ron Kroeger to attend the “Wildland Fire 2004” Conference in Reno, NV, March 3-6, 2004, in the approximate amount of $3,051.

61. No. LF011404-16 – Authorize Mayor and Finance Officer to sign City of Rapid City Indenture of Restrictive Covenants with Working Against Violence, Inc.

62. No. LF011404-05 – Approve Resolution Establishing a List of Persons from Whom to Select Freeholders to Appraise Surplus Properties.

63. No. LF011404-06 – Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup.

64. No. LF011404-07R – Approve Resolution Declaring Property Surplus.

65. No. LF011404-08 – Authorize Mayor and Finance Officer to sign Agreement for Services with Martin Jurisch & Associates to sell YFS properties.

66. No. LF011404-09 – Approve renewal of Concession Agreement for 2004 for Milferd Best, d/b/a Milferd’s Shaved Ice.

67. No. LF011404-10 – Approve renewal of Concession Agreement for 2004 for Keith G. Storm, d/b/a Blueberry Hill - Pied Piper.

68. No. LF011404-11 – Approve the following abatements: 16 Plus, LLP, 2003, $4,681.52; 16 Plus, LLP, 2003, $2,148.48; Albertson’s, Inc., 2003, $857.82; Albertson’s, Inc., 2003, $506.20; Biernbaum & Company, 2003, $737.34; Big D Oil Co., 2003, $5,122.84; Big D Oil Co., 2003, $1,072.28; Jack C. Brand, 2003, $7,232.66; Cabrera Jr./Harper, Agapito J., 2003, $1,522.78; Roxann Chamberlain, 2003, $546.18; Comer/Knapp, Jess J., 2003, $3,024.78; Deblen Family Trust, 2003, $878.86; Five T Motorcycle, 2003, $17.48; Donald W. Gorman, 2003, $8,314.18; H & B Automotive, 2003, $6,820.98; Hagg Development, 2003, $2,271.92; Hagg Development, 2003, $2,274.22; Hamm, Trustee/Moyl, Kenneth R., 2003, $297.82; Randy Hildebrant, 2003, $314.36; J & D Tire LLC, 2003, $884.40; Alleen Jenner, 2003, $26.24; Daniel L. Lelacheur, 2003, $602.96; McFarland/Sundby, Ryan, 2003, $665.02; Garry H. McKinnon, 2003, $1,366.78; Shanda M. McSherry, 2003, $401.74; North American Trust, 2003, $61.16; Daniel L. Ostendorf, 2003, $478.26; Pacific Hide & Fur, 2003, $319.08; South Dakota Concrete, 2003, $71.86; Summit Construction, 2003, $156.84; Summit Construction, 2003, $46.62; Vucurevich Enterprise, 2003, $1,208.90; Scott B. Zandstra, 2003, $3,494.72.

69. No. CC011904-02 - Approve the attached list of licenses.

Planning Department Consent Items

70. 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.

71. 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.

72. 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.

73. 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.

74. 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.

75. No. 03PL119 - A request by D.C. Scott Co. for Jerry Burrow for a Layout Plat on Lot 16 of Twilight Hills Subdivision, Section 3, T1N, R8E, BHM, Pennington County , South Dakota , located at 5252 Ross Court .

END OF CONSENT CALENDAR

Public Comment on Items 76-82

PLANNING DEPARTMENT ITEMS

76. No. 03PL122 - A request by Centerline for Magheramore, LLC for a Layout Plat on Lots 1 thru 10, Block 1, Darlington Estates, Section 34, T1N, R8E, BHM, Pennington County, South Dakota, legally described as that portion of the NE1/4 lying west of railroad right-of-way; N1/2 NW1/4; SE1/4 NW1/4; NE1/4 SW1/4, Section 34, T1N, R8E, BHM, Pennington County, South Dakota; that portion of the NE1/4 NE1/4 lying east of Old Folsom Road, Section 33, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Lamb Road and Old Folsom Road.

77. No. 03PL123 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Layout Plat 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.

78. No. 03CA039 - A request by the City of Rapid City for an Amendment to the Comprehensive Plan to adopt the South Truck Route Drainage Basin Master Plan.

79. No. 03CA043 - A request by Centerline, Inc. for 3 T's Land Development LLC for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 40.96 acre parcel from a Planned Residential Development with a maximum density of one dwelling unit per acre to a Planned Residential Development with a maximum density of 1.2 dwelling units per acre 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.

80. 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.

81. No. 03SV049 - A request by Centerline for Magheramore, LLC for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, sewer, water, pavement and to provide a planting screen as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 10, Block 1, Darlington Estates, Section 34, T1N, R8E, BHM, Pennington County, South Dakota, legally described as that portion of the NE1/4 lying west of railroad right-of-way; N1/2 NW1/4; SE1/4 NW1/4; NE1/4 SW1/4, Section 34, T1N, R8E, BHM, Pennington County, South Dakota; that portion of the NE1/4 NE1/4 lying east of Old Folsom Road, Section 33, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Lamb Road and Old Folsom Road.

82. 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.

Public Comment on Items 83-92

ORDINANCES & RESOLUTIONS

83. 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.

84. 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.

85. No. 03RZ051 – Second 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.

86. No. 03RZ054 - Second 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.

87. No. 03RZ055 - Second 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 .

88. No. 04OA001 – First Reading, Ordinance 4013 entitled An Ordinance Amending Section 17.04.240 of the Rapid City Municipal Code Pertaining to the Definition of "Dwelling Unit".

89. No. 04OA002 – First Reading, Ordinance 4014 entitled An Ordinance Amending Section 17.50.250(C) of the Rapid City Municipal Code Pertaining to Provisions for Wheelchair Ramps.

90. No. CC011904-03 - First Reading, Ordinance 4015, Supplemental Appropriation No. 1 for 2004

91. No. 03RZ056 - First Reading – Ordinance 4016, a request by Gary Renner for First Western Bank for a Rezoning from Light Industrial District to General Commercial District on Lots 1 thru 16, Lots 21 thru 28, Lots A thru F, all located in Block 4 of Riverside Addition, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Omaha Street and West Boulevard.

92. No. 03RZ057 - First Reading – Ordinance 4017, a request by Thurston Design Group, LLP for the Children's Home Society of South Dakota for a Rezoning from Low Density Residential District to Office Commercial District on Tract B, Neff's Subdivision #4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1330 Jolly Lane.

Public Comment on Item 93-98

LEGAL & FINANCE COMMITTEE ITEMS

93. Request from Doyle Estes to change payment agreement for Simmons Boulevard to pay the proceeds directly to the City within 30 days after the plat is approved rather than prior to the plat being approved.

94. No. LF011404-01 – Resolution Rescinding the Resolution Establishing Requirements of Residency for City Employees.

95. No. LF011404-14 – Confirm appointment of Ted Vore, Marcia Elkins, Jason Green, Jeff Hoffman, and Ethan Schmidt to Subcommittee on Utility Services to Properties Outside of City Limits.

96. Re-affirm Alternate One for the Public Safety Building project.

97. Eldene Henderson - Cost Sharing Agreement

98. No. LF011404-15R – Travel Request for Curt Bechtel, Mark Brodrick, Bill Knight and Tim Behlings to attend International Codes Training in Denver, CO, March 1-5, 2004, in an amount of $3,292.

Public Comment on Items 99-101

PUBLIC WORKS COMMITTEE ITEMS

99. No. PW011304-03 – Authorize staff to advertise for bids for Waterloo Street and Utility Reconstruction Project No. WSS03-1084.

100. No. PW011304-10 – Authorize Mayor and Finance Officer to sign a Professional Service Agreement with FMG, Inc. for an engineering study for Elm Avenue Drainage Study and Preliminary Storm Sewer Design Project No. DR03-1333 for an amount not to exceed $63,445.

101. Request staff to prepare an ordinance amendment to require public hearing notices and property owner notification on 11-6-19 reviews.