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

February 16, 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 February 2 and February 10, 2004  

ADOPTION OF THE AGENDA  

AWARDS AND RECOGNITIONS

1.         Presentation by Col. James Kowalski – 28th Bomb Wing Commander  

2.         Citizen of the Month Award  

3.         Veteran of the Month Award  

4.         Employee Awards  

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.  

5.         Robert Nelson – Presentation on Black Hills Vision  

6.         Dan Michael – West Nile Virus Information  

BID OPENINGS (None)  

ITEMS FROM THE MAYOR  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – Items 7-22  

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  

Continue the following items until March 1, 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. 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.  

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. 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.  

14.       No. 03PL099 - A request by FMG, Inc. for Bill Freytag for a 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.  

15.       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.  

16.       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.  

17.       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.  

18.       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.  

19.       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.  

Continue the following items until March 15, 2004:

20.       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.  

21.       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.  

22.       No. 03RZ047 - 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

23.       Pennington County Democratic Party, for a Special Wine License to be used on February 20, 2004 at Prairie Edge, 606 Main Street

24.       Rushmore Soccer Club, for a Special Malt Beverage License to be used on March 20, 2004 at the Knights of Columbus Hall, 910 Fifth Street  

Set for Hearing ( March 1, 2004 )

25.       Ristorante Marsala, LLC dba Ristorante Marsala, 609 Main Street , for an On-Sale Wine License (New License – No Video Lottery)

26.       Ristorante Marsala, LLC dba Ristorante Marsala, 609 Main Street , for an On-Off Sale Malt Beverage License (New License – No Video Lottery)

CONSENT CALENDAR ITEMS – 27-59  

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  

Set for Hearing (None)  Public Works Committee Consent Items

27.       Acknowledge the report on the 12th Street sanitary sewer service line.

28.       No. PW021004-01 – Acknowledge a request for Council members to sign-up for the 2004 Local Board of Equalization Hearings set for March 15-19, 2004 .

29.       No. PW021004-02 – Approve Change Order No. 01 and final for 2003 Rapid City Bridge Repairs Project No. ST03-1161 to J. V. Bailey Company, Inc. for a decrease of $12,696.90.

30.       No. PW021004-03 – Authorize staff to advertise for bids for Park Drive PCC Paving Replacement Project No. ST03-1245.

31.       No. PW021004-04 – Authorize staff to advertise for bids for LaCrosse Street Panel Repairs Project No. STCM04-1369.

32.       No. PW021004-05 – Authorize Mayor and Finance Officer to sign a South Dakota Department of Transportation Amended Agreement for Use and Restoration of Haul Road for P 0016(57)69 BRF 190-2(01)0 and P 004(125)44, Omaha from 12th to East Blvd (use of Haines Avenue for Hubbard Mill Trucks).

33.       No. PW021004-06 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement with Brown and Caldwell to provide engineering services for the transfer of water rights for an amount not to exceed $15,000.

34.       No. PW021004-07 – Authorize Mayor and Finance Officer to sign Amendment No. 01 to Professional Service Agreement with FMG, Inc. for geotechnical investigations for Lemmon Avenue Reconstruction Project No. ST02-1068 for an amount not to exceed $3,162.

35.       No. PW021004-09 – Authorize staff to proceed with Request for Proposals for Chapel Lane Bridge Widening Project No. ST04-1359.

36.       No. PW021004-11 – Authorize staff to proceed with Request for Proposals for East Anamosa Water Main Extension Project No. W04-1370.

37.       No. PW021004-13 – Authorize staff to proceed with Request for Proposals Low Level Water Reservoirs Interconnection.

38.       No. PW021004-14 – Approve the purchase of one (1) new current model year one ton, 2x4, regular cab and chassis, Chevrolet Model C3500, Dual Read Wheels, 11,400 GVW from Beck Motors, Pierre for a purchase price of $16,853 plus $130 delivery, under State Contract #14070 for Parks Division.  

Legal & Finance Committee Consent Items

39.       Request the Mayor to appoint a task force including Council members and members of the public to research, draft, and finalize an investment policy council and to discuss and review whether or not an investment advisory panel is necessary and if it should meet on a regular basis.

40.       Request the Mayor to appoint an additional Council member and the new Parks and Recreation Director to the Naming Rights Committee.

41.       Request the Mayor to appoint an alderman and an alternate alderman as liaison to the Parks and Recreation Board.

42.       Request the City Attorney’s office to prepare a resolution authorizing implementation of an ad hoc committee as needed for public art.

43.       Request the Mayor to appoint a task force for a period of 90 days to review the utility rates and make recommendations, and bring the proposed membership of the task force to Council on February 16, 2004 .

44.       Request the Mayor to appoint a task force to review the Storm Water Phase II Plan and bring back a recommendation to Council for compliance.

45.       Request the Mayor to appoint a task force to review the 40-unit policy, determine whether or not it can be changed, and propose some language to change it.

46.       Approve appointment of Kenneth Loeschke to the Historic Preservation Commission.

47.       No. LF021104-02 – Approve Travel Request for Kenneth E. Simmons to attend AAAE Spring Legislative Conference in Washington , D.C. from March 20-24, 2004 , in the approximate amount of $1,671.

48.       No. LF021104-05 – Authorize the Finance Officer to sign a letter to State of South Dakota , Department of Legislative Audits, Requesting Time Extension for the 2003 Audit.

49.       No. LF021104-06 – Approve Resolution Declaring Property Surplus.

50.       Request staff to proceed with the auction of the YFS building in its present condition and to authorize staff to proceed with any necessary repairs.

51.       No. LF021104-07 – Authorize Mayor and Finance Officer to sign Purchase Agreement with The Active Network, Inc.

52.       No. LF021104-08 – Authorize Mayor and Finance Officer to sign RecWare Software Subscription Agreement with The Active Network, Inc.

53.       No. LF021104-03 – Authorize Mayor and Finance Officer to sign ProActive Software License and Service Agreement.

54.       Approve the following licenses: Residential Contractor: ABC Concrete, Garry McKinnon; Babl Construction, Gary Babl; Century Builders, Inc., D. Johnson, C. Ward, S. Olson, M. Wieseler; Robert Clarke; Creative Environments, Inc., Robert H. Johnston; Gollnick Contracting, Chad D. Gollnick; Knecht Home Center, LLC, Wallace Bork; L & P Construction Leslie R. Riss; Mechanical Drywall & Const., Terry McLaughlin; Larry Olson Construction, Larry H. Olson; RCS Construction, Inc., Robert C. Scull; Reyelts Const., Inc., David Reyelts; Task Masters, Charlie Schlumpberger; Mobile Home Court:  Deluxe Mobile Home Park, Wilcox & Reid, LP; Eastbrooke Mobile Home Park, Robert R. Batchelder; Hillsview Mobile Home Court, John Brewer; Huntington Park, Tom & Tammy Schreiner; Residential Contractor:  Massie Construction, Charles F. Massie; Wood Duck Construction, Inc., Craig Mestad; Second Hand:  Matt Kimball’s Golf Shop, Matthew R. Kimball; Tires, Tires, Tires, Inc., Ron E. Tyrrell; Security Business: Steve n L. Dary, S & K Security Specialists, Inc.; Sign Contractor: Barney’s Signs, Barney Jorensen; Epcon Sign Company, Mark Lynde.  

Planning Department Consent Items

55.       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.  

56.       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.  

57.       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.  

58.       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.  

59.       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.  

END OF CONSENT CALENDAR  

PUBLIC HEARINGS

60.       No. CC021604-01 – Resolution Levying Assessment for Cleanup of Miscellaneous Property  

PLANNING DEPARTMENT ITEMS

61.       No. 03CA044 - A request by WellSpring, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 1.240 acre parcel of land from Light Industrial to Office Commercial with a Planned Commercial Development on Lots 1 thru 5, Block 11, Bradsky Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1205 E. St. James Street.  

62.       No. 04PL001 - A request by Sperlich Consulting, Inc. for Jim Scull for a Layout and Preliminary Plat on Lots 1 thru 14 of Block 1, Lots 1 thru 6 of Block 2, and Lot 1 of Block 3, Kennsington Heights Subdivision, located in the SW1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of Government Lot 4 located in the SW1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of the future intersection to Elm Avenue and Field View Drive.  

63.       Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements 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. (03SV028)  

64.       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.  

65.       Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements on Lot 16 of Twilight Hills Subdivision, Section 3, T1N, R8E, BHM, Pennington County, South Dakota. (03SV048)  

66.       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.  

67.       No. 03SV051 - A request by Olsen Development Co., Inc. for a Variance to the Subdivision Regulations to waive the requirement to reduce the easement width from 49 feet to 32 feet, to reduce the easement width from 52 feet to 32 feet, to reduce the pavement width from 27 feet to 24 feet, to waive the requirement to provide sidewalks on both sides of the street, and to allow a lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code 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.  

ORDINANCES & RESOLUTIONS

68.       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.  

69.       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.

70.       No. 04OA002 - Second Reading, Ordinance 4014, entitled An Ordinance Amending Section 17.50.250(C) of the Rapid City Municipal Code pertaining to provisions for wheelchair ramps.

71.       No. LF012804-18 – Second Reading , Ordinance 4019 entitled An Ordinance Amending the Regulation of Adult Oriented Businesses by Amending Section 5.70.120 of the Rapid City Municipal Code.  

72.       No. 04AQ001 – Second Reading, Ordinance 4020 entitled An Ordinance Amending the Rapid City Air Quality Regulations by Amending Section 8.34.020 of the Rapid City Municipal Code to Remove the Rapid City Regional Airport Area from the Air Quality Control Zone.  

73.       No. LF021104-09 – First Reading , Ordinance 4021 entitled An Ordinance Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code.  

74.       No. LF021104-01 – First Reading, Ordinance 4024 entitled An Ordinance Adding a Definition of “Security Activity” to the Security License Regulations by Amending Section 5.52.010 of the Rapid City Municipal Code.  

75.       No. 04RZ001 – First Reading, Ordinance 4025, a request by Bruce Olson for a Rezoning from Low Density Residential District to Medium Density Residential District on Lots 4 and 5, Block 1, Haley's Addition, Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1123 North 7th Street.  

76.       No. 04RZ002 - First Reading, Ordinance 4026, a request by Stanley & Durr LLC dba Fjords Ice Cream Factory for a Rezoning from Medium Density Residential District to Neighborhood Commercial District on Lots 1 and 2, Mediterranean Subdivision, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1805 and 1815 38th Street.  

77.       No. LF021104-10 – First Reading, Ordinance 4027 entitled An Ordinance Amending Motor Vehicle Noise Restrictions by Amending Chapter 10.24 of the Rapid City Municipal Code.  

LEGAL & FINANCE COMMITTEE ITEMS

78.       Discussion of Deer management plan and a report on the statistics from the previous deer management program.  

79.       No. CC021604-04 - Purchase of office furniture for second floor reorganization.

PUBLIC WORKS COMMITTEE ITEMS

80.       Request the City Attorney’s Office prepare an ordinance amendment allowing nonpermanent/temporary signs of a certain nature in the right-of-way.  

CIP COMMITTEE ITEMS

81.       No. CC021604-02 - Approve proposed changes to the Streets & Drainage Base Document, as outlined on the spreadsheet presented by Engineering Division Manager Dan Coon entitled Rev. No. 1 to 7/18/03 Base Documents  

SIGN CODE BOARD

82.       No. CC021604-03 - Lamar Advertising – Appeal of the Decision of the Sign Code Board of Appeals  

FINANCE OFFICER’S ITEMS  

APPROVAL OF BILLS  

POLICE DEPARTMENT ITEMS

83.       Darrell West – Appeal Decision by Police Chief Tieszen to deny application for Security License  

PUBLIC WORKS DIRECTOR’S ITEMS  

CITY ATTORNEY’S ITEMS  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADDENDUM  

ADJOURN