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

October 4 , 2004 - 7:00 P.M.

(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  

APPROVE MINUTES of September 20, 2004; and correct August 2, 2004 minutes to reflect correct project number as No. PR02-1208, Roosevelt Park Site Improvements, Phase 2 

ADOPTION OF THE AGENDA 

AWARDS AND RECOGNITIONS

1.                  Introduction of Sister City Apolda, Germany Police and Firefighters 

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. 

2.                  Co-Composting of Solid Waste and Wastewater Sludge, informational report on a joint City of Rapid City/SDSM&T applied research project, Henry Mott 

BID OPENINGS

3.                  No. CC100404-01 Two (2) Thermal Imaging Cameras, Fire Department (opened on September 28, 2004)

4.                  No. CC100404-01 Whitehead Ballfield Improvements Phase 2, Lighting Project No. PR04-1404 (opened on September 29, 2004)

5.                  No. CC100404-01 Signal Drive Overlay Project No. ST04-1419 (opened on September 29, 2004) 

ITEMS FROM THE MAYOR

6.                  2012 Report 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR – Items 7-26 

Consists of items that need to be continued because they are not currently ready for action. 

Request of Council Members to Remove Items from the Continued Consent Calendar 

Vote on Remaining Consent Items 

Public Comment on First Item Removed from Consent Calendar 

Council Discussion and Vote on Item 

Continue the following items until October 18, 2004:

7.                  No. 04CA033 - A request by Dream Design International for an Amendment to the Comprehensive Plan by changing the future land use designation on an approximate 21.8  acre parcel from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on property described by metes and bounds beginning at the northwest intersection of the Right-of-way of Cherry Avenue and Sunnyside Avenue, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, Thence First Course: S90º00’00”W - 170.00'; Thence Second Course: N50º00'00”E - 843.73'; Thence Third Course: N00º00'00”E – 398.80'; Thence Fourth Course: S61º38'00”E – 629.13'; Thence Fifth Course: S42º00'00”E – 133.00'; Thence Sixth Course: S62º00'00"E – 276.00'; Thence Seventh Course: S69º00'00"E – 351.00'; Thence Eighth Course: S27º00'00"W – 405.36'; Thence Ninth Course: Along an arc to the left chord bearing S78º08'34"W a distance of 597.75' which radius is 2133.30' an arc distance of 599.72'; Thence Tenth Course: N00º11'27"W – 198.19'; Thence Eleventh Course: S89º51'40"W – 920.61' to the Point of Beginning, containing 21.8 Acres more or less, lying south of Interstate 90, east of Spruce Street, north of Anamosa Street and north of the existing Railroad right-of-way, and approximately 1000 feet west of the  intersection of I-90 and Exit 60 (East North Street). 

8.                  No. 04CA038 - A request by Dream Design International for an Amendment to the Comprehensive Plan by changing the future land use designation on an approximate 2.2 acre parcel from Medium Density Residential to General Commercial with a Planned Commercial Development on property described by metes and bounds beginning at the SE corner of Lot M of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota: Thence N89º44'10"E - 80.00’ to the True Point of Beginning; Thence First Course: N90º00’00”E - 219.82’; Thence Second Course: N44º44’10”E – 319.22’; Thence Third Course: Along an arc to the left chord bearing N81º28'53"W a distance of 450.83' which radius is 1344.30' an arc distance of 452.97'; Thence Fourth Course: S00º15’50”E – 293.55’ to the True Point of Beginning, containing 2.2 Acres more or less, located southeast corner of the intersection of Luna Avenue and Spruce Street. 

9.                  No. 04CA039 - A request by Dream Design International for an Amendment to the Comprehensive Plan by changing the future land use designation on an approximate 1.9 acre parcel from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on property described by metes and bounds beginning at the SE corner of Lot M of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Pennington County, SD: Thence N89º44'10"E - 80.00’; Thence N90º00’00”E - 219.82’ to the True Point of Beginning; Thence First Course: N90º00’00”E – 689.19’; Thence Second Course: N61º38’00”W – 265.21’; Thence Third Course: Along an arc to the left chord bearing N66º26'49"W a distance of 252.15' which radius is 1344.30' an arc distance of 252.52'; Thence Fourth Course: S44º44’10”W – 319.22’ to the True Point of Beginning, containing 1.9 Acres more or less, located approximately 220 feet east/southeast of the southeast corner of the intersection of Luna Avenue and Spruce Street. 

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. 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. 04PL044 - A request by Sperlich Consulting Inc. for Walgar Development for a Layout and Preliminary Plat on Lot 2 of Block 1, Minnesota Park Subdivision, located in the SW1/4 of the NE1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract B of Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Wisconsin Avenue and East Minnesota Street. 

16.             No. 04PL060 - A request by Sperlich Consulting, Inc. for Jim Scull for a 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 "Government" Lot 4, , Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of "Government" Lot 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. 

17.             No. 04PL100 - A request by Dream Design International for a Preliminary Plat on Tract A of Tract B of Parcel C, MJK Subdivision, SE1/4 SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract B of Parcel C, MJK Subdivision residing within the S1/2 SW1/4 Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of Elm Avenue and Enchanted Pines Drive. 

18.             No. 04PL107 - A request by FMG, Inc. for Wyss Associates, Inc. for a Preliminary Plat on Lots 42A, 42B, 43A, 43B, 44A, 44B, 45A, 45B, 46A, 46B, 47A, 47B, 48A, 48B, 49A, 49B, 50A, 50B, 51A, 51B, 52A, 52B, 53A, 53B, 54A, 54B, and platted private drive and utility easement shown as Mulligan Mile all located in Village on the Green No. 2 Subdivision, located in the NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota, legally described as a portion of previously platted Golf Course Parcel and Gate House Parcel of Hart Ranch Development located in NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota, extending from the current eastern terminus of Mulligan Mile. 

19.             No. 04PL122 - A request by CETEC Engineering Services for Park Hill Development for a Preliminary Plat on Lots 8, 9, 10 and 11 of Block 3; and Lots 5, 6, 7, and 8 of Block 4; and dedicated right-of-way of Park Meadows Subdivision located in the NE1/4 of SE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NE1/4 SE1/4 less the west 650 feet of the east 700 feet of the south 372.5 feet, Section 7, T1N, R7E, BHM; and a portion of Lots 1, 2, and 3R of Block 4 of Park Meadows Subdivision, Section 7, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current southern terminus of Oakland Street. 

20.             No. 04RZ039 - A request by Dream Design International for a Rezoning from General Agriculture District to General Commercial District on property described by metes and bounds Tract C of the SW¼ and an unplatted portion of the SW¼ of Sec. 29, and SE¼ of Section 30, T2N, R8E, Rapid City, Pennington County, South Dakota described as follows: Beginning at the northwest intersection of the Right-of-way of Cherry Avenue and Sunnyside Avenue, Thence First Course: S90º00’00”W - 170.00'; Thence Second Course: N50º00'00”E - 843.73'; Thence Third Course: N00º00'00”E – 600.54'; Thence Fourth Course: N90º00'00”W – 1000.49'; Thence Fifth Course: N00º04'37”W – 1076.46'; Thence Sixth Course: Along an arc to the right with a chord bearing S74º34'20"E and a length of 637.90' with radius of 2142.00' an arc length of 640.29'; Thence Seventh Course: Along an arc to the right with radius of 2906.00' an arc distance of 221.90'; Thence Eighth Course: S61º38'02"E - 1274.64'; Thence Ninth Course: S41º50'06"E - 132.85'; Thence Tenth Course: S61º38'02"E - 225.00'; Thence Eleventh Course: S68º57'37"E - 352.88'; Thence Twelfth Course: S61º38'02"E - 175.00'; Thence Thirteenth Course: S50º01'40"E - 101.98'; Thence Fourteenth Course: S61º20'16"E - 125.00'; Thence Fifteenth Course: S72º38'51"E - 101.98'; Thence Sixteenth Course: S61º56'20"E - 315.51'; Thence Seventeenth Course: S00º07'29"E - 311.11'; Thence Eighteenth Course: S00º07'37"E - 280.18'; Thence Nineteenth Course: S00º07'31"E - 347.13'; Thence Twenty-first Course: N63º19'45"W - 138.40'; Thence Twentieth Course: Along an arc to the left chord bearing N86º23'34"W a distance of 1704.20' which radius is 2173.30' an arc distance of 1751.19'; Thence Twenty-second Course: N00º11'27"W – 145.14'; Thence Twenty-third Course: S89º51'40"W - 920.61' to the Point of Beginning, containing 93.2 Acres more or less, lying south of Interstate 90, east of Spruce Street, north of Anamosa Street and north of the existing Railroad right-of-way, and approximately 1000 feet west of the  intersection of I-90 and Exit 60 (East North Street). 

21.             No. 04RZ044 - A request by Dream Design International for a Rezoning from Medium Density Residential  District to General Commercial District on property described by metes and bounds beginning at a point N89º44'10"E and a distance of 80.00’ from the SE corner of Lot M of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota: Thence First Course: N00º15’50”W – 379.98'; Thence Second Course: S89º38’28”W – 80.00'; Thence Third Course: N00º15’25”W – 714.05'; Thence Fourth Course: N89º42’58”E – 40.76'; Thence Fifth Course: Along an arc to the right with a chord bearing S88º05'47"E a distance of 221.85' which radius is 2906.00' an arc distance of 221.90'; Thence Sixth Course: Along an arc to the right with a chord bearing S84º31'20"E a distance of 103.66' which radius is 2142.00' an arc distance of 103.67'; Thence Seventh Course: S00º04'37”E – 1076.46'; Thence Fourth Course: N90º00'00”W – 282.17' to the Point of Beginning, containing 8.4 Acres more or less, lying south of Interstate 90, east of Spruce Street, north of Anamosa Street and north of the existing Railroad right-of-way, and approximately 1000 feet west of the  intersection of I-90 and Exit 60 (East North Street). 

22.             No. 04SV035 - A request by Donald Potts for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water, sewer, pavement and additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 and Lot 2, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4 less Lot H1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6105 Covenant Drive. 

23.             No. 04SV037 - A request by Brent Pushing for a Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way and to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the section line highway and the interior street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 4, Brentwood Subdivision, Section 25, T2N, R6E, BHM,  Rapid City, Pennington County, South Dakota, legally described as S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4, Section 25, T2N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Sunridge Road. 

24.             No. 04VR002 - A request by Alliance of Architects and Engineers for Rapid City Journal for a Vacation of Right-of-Way on Lots 1 thru 32, Block 79, Original Townsite of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 507 Main Street. 

25.             No. 04VR004 - A request by FMG, Inc. for Leigh Tange and James Adams c/o Nemo Road Properties for a Vacation of Section Line Highway on the 66 foot section line highway less the east 33 feet of said 66 foot right-of-way, located between the SE1/4 of Section 21 and the NE1/4 of Section 28, all located in T2N, R8E, BHM, Pennington County, South Dakota, located north of I-90 and west of Elk Vale Road. 

Continue the following items until November 1, 2004:

26.             No. 04CA030 - A request by Dream Design International for a Amendment to the Comprehensive Plan to relocate a Collector Street on the Major Street Plan from the SE1/4 NW1/4 and the SW1/4 of Section 25, T1N, R7E to a right-of-way 76.00 feet in width with the centerline described as follows: commencing at the found corner stamped R.L.S. No. 4208 of the center ¼ of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; thence N55º50’19”W along a non-visual line, 963.91 feet to the true point of beginning; thence S20º01’45”E 210.75 feet; thence along a curve to the right having a radius of 526.00 feet, included angle of 21º19’54”, and a curve length of 195.83 feet; thence S01º18’09”W 1450.65 feet; said parcel containing 3.24 acres more or less all located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of South Highway 16 and south of U.S. Higway 16B (Catron Boulevard). 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings (None) 

Set for Hearing (None) 

CONSENT CALENDAR ITEMS – 27-67 

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 (November 1, 2004

27.             No. 04VR008 - A request by TSP for Rob Poeppel for a Vacation of Public Right-of-Way adjacent to the balance of the North 1/2 of Block 4 and balance of the South 1/2 of Block 4 and alley right-of-way all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 900 East Watertown. 

Public Works Committee Consent Items

28.             Direct the Water Department staff to work with developers to prepare a recommendation on flat rate and meter policies and to examine penalties and fines to bring forth to the Public Works Committee in sixty days; and to follow the policy approved on November 25, 2003 until a new policy is in place.

29.             Acknowledge Public Works Consultant Pre-selection Committee Report

30.             No. PW092804-01 Approve the proposed sewer and water expansion rate increases; and direct staff to prepare an ordinance change to identify the proposed rates beginning January, 2005 and to reflect that the 2005 sewer rate increase shall be broken down on a quarterly basis.

31.             Approve funding from the Sewer Enterprise Budget 0833 for pavement replacement and traffic control for the Fifth Street Sewer Service Line Repair for Krentz and United Corporation.

32.             No. PW092804-02 Approve the bid award of Heidiway Sanitary Sewer Extension Project No. SS01-1061 to the lowest responsible bidder meeting specifications, Mainline Contracting, Inc. for the low unit prices bid for a total contract amount of $84,459.00

33.             No. PW092804-03 Approve Change Order No. 1 and Final for the Elm Avenue Reconstruction - Saint Joseph Street to Kansas City Street Project No. ST04-1361 to Simon Contractors of South Dakota, Inc. for an increase of $973.19.

34.             No. PW092804-04 Approve Change Order No. 1 for the Roadway Marking Contract Project No. PM04-1394 to United Rentals Highway Technologies, Inc. for an increase of $7,500.00.

35.             No. PW092804-05 Approve Change Order No. 2 to the Schamber Addition (Cleghorn Water Association) Water Main Extension Project No. W03-1286 to RCS Construction, Inc. for an increase of $8,539.24.

36.             No. PW092804-06 Grant permission to procure Professional Consultant Services for the design and construction administration of improvements to City parks properties in accordance with Transportation Enhancement Grant – Bike Path/Landscaping.

37.             No. PW092804-07 Authorize Mayor and Finance Office to sign Pipeline Agreement with the South Dakota Office of Railroads and Transit for the installation, maintenance and operation of a pipeline upon, along and under the states’ premises near Rapid City, South Dakota.

38.             No. PW092804-08 Authorize Mayor and Finance Office to sign United States Department of the Interior Temporary Water Service Contract for Pactola Reservoir for October 1, 2004 through September 30, 2005.

39.             No. PW092804-09 Approve a Resolution to Order in Sidewalks for Sidewalk Improvement Project SWK04-1424.

40.             No. PW092804-10 Approve on behalf of South Dakota School of Mines and Technology to upgrade electrical service, a request by Black Hills Power, Inc. for a perpetual utility easement located on Lot B Revised of Tract 32 of Rapid City Greenway Tracts, Less Lot H-1.  All located in the E ½ NW ¼ and NE ¼ SW ¼ of Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota.

41.             Create a Parkland Task Force per the recommendation of Planning Commission.

42.             No. 04VE018 Approve with stipulations a Vacation of Non-Access Easement for petitioner Sperlich Consulting for Bob Sperling on Lot 6B of Block 2 of Century Park Subdivision located in the E1/2 of the SW1/4, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1540 Samco Road.

43.             No. 04VE019 Approve with revised stipulations a Vacation of Drainfield Easement for petitioner Michael S. Knigge on Lot 9, Block 3, Enchanted Pines Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 4800 Enchanted Pines Drive.

44.             Direct staff to prepare an ordinance change to allow curb stops within an easement; and direct staff to stay any enforcing action on the improperly installed curb stops on the lots in Minnesota Ridge Heights Phase 4A until City Council has acted on such ordinance. 

Legal & Finance Committee Consent Items

45.             Approve the request from WAVI for a Corrective Quit Claim Deed.

46.             No. LF092904-01 Approve appointment of Jerry Brown to RSVP Advisory Council.

47.             No. LF092904-02 Acknowledge the CIP Committee monthly update report.

48.             Approve the changes to the CIP spreadsheet which reflect the addition of $473,940 to the Red Rock TIF 32, the reduction of Highway 79 sewer loan from $244,140 to $121,000, and reduction in funding of the Elm Avenue loan.  The funding from the Elm Avenue loan and the Highway 79 sewer loan went to the Fifth Street project which increased it from $1.1 million to $2,066,248.

49.             No. LF092904-09 Approve 2004 Capital Plan for Streets, Drainage, MIP Projects for September, 2004.

50.             No. LF092904-10 & 11 Approve funding Canyon Lake Drive/Sheridan Lake Road Irrigation Project from CIP Contingency and Government Buildings in the amount of $70,000.

51.             No. LF092904-11 Approve funding Streets Sand/Salt Storage Building Project from CIP Contingency in the amount of $16,000.

52.             No. LF092904-11 Approve funding Dahl Roof Repair Project from CIP Contingency in the amount of $22,000.

53.             No. LF092904-05 Approve a Sports Facility Grant in the amount of $24,999 (total project cost $50,575) for Rushmore Little League, and authorize the Mayor and Finance Officer to sign the document.

54.             No. LF092904-03 Approve Event Permit for Festival of Lights to Hold Parade on November 27, 2004.

55.             Approve Event Permit for Mt. Rushmore Marathon and Half Marathon to hold a marathon on October 10, 2004.

56.             Approve Event Permit for City of Presidents to hold an unveiling of a president at 7th and Main Street on October 16, 2004, from 10:00 a.m. to 2:00 p.m.

57.             Approve Travel Request for Jack Tomac and Damon Hartman to attend Advanced Arson Investigation Seminar in Denver, CO, September 13-18, 2004, in the approximate amount of $2,539.

58.             Authorize the Mayor and Finance Officer to sign Letter of Agreement with Colorado Code Consulting, LLC.

59.             No. LF092904-12 Request staff to proceed with notifying the landowners in the areas surrounded by city limits on three sides in the central portion of Rapid City regarding voluntary annexation

60.             No. LF092904-13 Approve Fiscal Year 2004 Community Development Block Grant Subrecipient Contract, and authorization for Mayor and Finance Officer to sign contract.

61.             No. LF092904-14 Approve preliminary approval of the proposed funding allocations for FY 2004 Mid Year Reallocation of Community Development Block Grant Funds.

62.             No. LF092904-15 Authorize Mayor and Finance Office to sign contract with the Department of Environment and Natural Resources for the Air Quality program.

63.             No. LF092904-04 Authorize Mayor and Finance Officer to Sign Benefit Services Administration Agreement for the City of Rapid City Healthcare Plan and Benefit Services Administration Agreement Addendum for the City of Rapid City Health Care.

64.             Concur with the recommendation from the Public Works Committee regarding proposed water and sewer rates.

65.             Approve the following licenses: Mechanical Installer: Joe Artzer, Dave Bay, Dale Buehler, Ken Gibson, Victor Zepeda; Residential Contractor: Straitline Builders, Inc., Jerry L. and Michele L. Sowards. 

Planning Department Consent Items

66.             No. 04PL120 - A request by Sperlich Consulting, Inc. for Jim Scull for a Layout Plat on Lots 15-17 of Block 1, Lots 17-19 of Block 2, and Lots 2-6 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 the N1/2 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. 

67.             No. 04PL121 - A request by FMG, Inc. for Bill Freytag for a Layout Plat on Lot 1 of Block 1; Lots 1-10 of Block 2; Lots 1-20 of Block 3; Lot 1 of Block 4, and Lots 1-11 of Block 5; all of Kateland Subdivision, and dedicated public right-of-ways shown as Nace Court, Earleen Court, Roberta Street, Kateland Street and Country Road located in the SW1/4 of Section 13 and the NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 12 and 13 of Madisons Subdivision located in the SW1/4 of Section 13, T2N, R7E, BHM and the unplatted balance of the NE1/4 of the NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Mallridge Subdivision. 

Raffles (None) 

END OF CONSENT CALENDAR 

PUBLIC HEARINGS 

68.             No. 04FV017 Approve with stipulations a Fence Height Exception for petitioner Jadon Construction for James L. Oconnell to allow a six foot high fence in the front yard setback on Lot 5, Block 1, Sioux Park Addition, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2318 Lance Street; and require the homeowner to enter into an agreement with the City of Rapid City stating that future replacement or relocation of said fence will be at the expense of the homeowner. 

69.             No. 04FV018 Approve with stipulations a Fence Height Exception for petitioner Jadon Construction for Lillian Stone to allow a six foot high fence in the front yard setback on Lot 6, Block 1, Sioux Park Addition, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2322 Lance Street; and require the homeowner to enter into an agreement with the City of Rapid City stating that future replacement or relocation of said fence will be at the expense of the homeowner. 

70.             Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water and sewer and pavement along Commerce Road and for the installation of curb, gutter, sidewalk and sewer along Rand Road as they abut Lot 1, Lot 2 and Drainage Lot, Block 1 and dedicated streets, Commerce Park Subdivision, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 SW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of Rand Road and Commerce Road. (04SV045) 

71.             Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water and sewer along Radar Hill Road as it abuts Lots 11A and 11B of the Holy Cow Ranch Subdivision located in Gov't Lots 3 and 4 of Section 19, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot 11 of the Holy Cow Ranch Subdivision located in Gov't Lots 3 and 4 of Section 19, T1N, R9E, BHM, Pennington County, South Dakota, located 23302 Radar Hill Road. (04SV046) 

72.             No. 04SV046 - A request by Ann R. Perry for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 11A and 11B of the Holy Cow Ranch Subdivision located in Gov't Lots 3 and 4 of Section 19, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot 11 of the Holy Cow Ranch Subdivision located in Gov't Lots 3 and 4 of Section 19, T1N, R9E, BHM, Pennington County, South Dakota, located 23302 Radar Hill Road. 

73.             Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for the installation of water, sewer and street light conduit along Omaha Street and West Boulevard and to waive the requirement to install street light conduit and sewer along Rapid Street as they abut Tract A of Block 4, Riverside Addition located in SE1/4 of SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 16, Lots 21 thru 28, Lots A thru F, and vacated alley, all located in Block 4 of Riverside Addition, and a portion of Eleventh Street Right-of-Way located in SE1/4 of SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Omaha Street and West Boulevard. (04SV047) 

74.             Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for the installation of curb, gutter, street light conduit, water and sewer and to improve pavement along Haines Avenue as it abuts Lots 12 and 13 of Madisons Subdivision located in the SW1/4 of Section 13, T2N, R7E, BHM and the unplatted balance of the NE1/4 of the NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Mallridge Subdivision. (04SV051) 

75.             No. 04SV051 - A request by FMG, Inc. for Bill Freytag for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and improve pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 12 and 13 of Madisons Subdivision located in the SW1/4 of Section 13, T2N, R7E, BHM and the unplatted balance of the NE1/4 of the NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Mallridge Subdivision. 

PLANNING DEPARTMENT ITEMS 

ORDINANCES & RESOLUTIONS 

76.             No. 04TI007 - A request by Wyss Associates, Inc. for a Resolution Creating Tax Increment District No. 47 on the N1/2 SE1/4 less Walpole Heights Subdivision and less right-of-way; and, Lots A-B of SE1/4 SE1/4, Lots B-C of SW1/4 SE1/4, Lot 1 of SE1/4 SW1/4; and all of Tower Road right-of-way located in the SE1/4 and SW1/4 all located in Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being adjacent to Tower Road west of U.S. Highway 16. 

LEGAL & FINANCE COMMITTEE ITEMS 

77.             Authorize staff to contact the Pennington County Commission and request a voluntary annexation of a portion of South Valley Drive right of way and South Valley Drive/East St. Patrick Street intersection in accordance with the Tax Increment Financing Committee’s recommendation. 

PUBLIC WORKS COMMITTEE ITEMS 

78.             Authorize Mayor and Finance Officer to sign a renewal to the security contract with Peacekeeper Security Inc. for an amount of $300.00 per month for the Water Reclamation Department 

79.             Accept immediate projects identified as installation of a temporary fence along the north side of school property on Range Road; and the installation of a sidewalk from the school bus lane to the crosswalk in the southwest corner of the intersection; and ask the PATH Committee to move forward with short-term and long-term projects as identified. 

80.             No. 04VE020 Deny a request by James Steele for Arthur Barrett to consider an application for a Vacation of Utility Easement on Lot 4, Steele Subdivision, located in NW1/4 SE1/4 and NE1/4 SE1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2944 Evergreen Drive. 

CIP COMMITTEE ITEMS 

FINANCE OFFICER’S ITEMS 

APPROVAL OF BILLS 

81.             No. CC100404-02 October 04, 2004 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

CITY ATTORNEY’S ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADJOURN