Home Search Options Contact Us

ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.

Please remember to turn all cellular phones off or to vibrate when entering the council chambers.

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

December 1, 2003

(Note, as a result of the adoption of the City Council Policies & Procedures,  the format of the agenda has changed.)

ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVAL OF MINUTES – Approve the minutes of November 17, 2003 .  

ADOPTION OF THE AGENDA  

GENERAL PUBLIC COMMENT

A time for members of the public to discuss or express concerns to the Council on any issue, not limited to items on the agenda. Action will not be taken at the meeting on any issue not on the agenda, except by placement on the agenda by unanimous vote of the council members present.  

BID OPENINGS

1.         No. CC120103-01 - 1998 Bomag BC670RB Complete Rebuild for the Solid Waste Operations Division (Opened on November 20, 2003) 

ITEMS FROM THE MAYOR

2.         Citizen of the Month Award 

3.         2012 Project Update 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS 

SPECIAL ITEMS FROM THE PUBLIC (citizen requested to be placed on agenda)

3a)      No. CC120103-07 - Authorize Mayor and Finance Officer to sign Restrictive Covenants

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR– Items 4-33

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

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

Vote on Remaining Consent Items 

Public Comment on First Item Removed from Consent Calendar 

Council Discussion and Vote on Item 

Public Comment on the next Item Removed from Consent Calendar 

Continue the following items until December 15, 2003:

4.                  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. 

5.                  No. 03CA037 - A request by Renner & Sperlich Engineering Company for 16 Plus, LLP for an Amendment to the Comprehensive Plan to change the future land use designation on an 8.22 acre parcel of land from General Agriculture to General Commercial with a Planned Commercial Development 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; less the east 400 feet, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, said parcel contains 8.22 acres more or less, located northwest of the U.S. Highway 16 and Moon Meadows Road. 

6.                  No. 03CA038 - A request by Renner & Sperlich Engineering Company for 16 Plus, LLP for an Amendment to the Comprehensive Plan to change the future land use designation on a 3.78 acre parcel of land from General Commercial to General Commercial with a Planned Commercial Development on the east 400 feet of 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 3.78 acres more or less, located northwest of the U.S. Highway 16 and Moon Meadows Road. 

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

8.                  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. 

9.                  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. 

10.             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. 

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. 03PL079 - A request by Renner & Sperlich Engineering for Doyle Estes for a Preliminary and Final Plat on Lot 2R and Lot BR of the Washburn Lot, located in Government Lot 4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2, less Lot H-1 of Lot 1 and 2 of the Washburn Lot, and Lot B of the Washburn Lot, located in Government Lot 4, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of West Main Street and Jackson Boulevard. 

16.             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. 

17.             No. 03PL088 - A request by Dream Design International, Inc. for Sally Broucek for a Preliminary and Final Plat on Lots 1 thru 10 of Block 1 and Lots 1 thru 19 of Block 2 of Stoneridge Subdivision located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 of the S1/2 of Government Lot 4 located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Parkview Drive. 

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

19.             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. 

20.             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. 

21.             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. 

22.             No. 03PL105 - A request by John Nooney for Norman or Rod McKie for a Preliminary and Final Plat on Lots 1R and 2R of Five Star Subdivision; located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 and 2 of Five Star Subdivision located in the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Interstate 90. 

23.             No. 03RZ038 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Rezoning from No Use District to General Commercial District on , legally described as 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: S00º00'00"E, 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. 03RZ043 - 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. 

25.             No. 03RZ044 - A request by FMG, Inc. for Bill Freytag for a Rezoning from Mobile Home District to Low Density Residential II District on 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. 

26.             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 3960 Corral Drive. 

27.             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. 

28.             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. 

29.             No. 03SV036 - A request by Dream Design International, Inc. for Sally Broucek for a Variance to the Subdivision Regulations to allow lots twice as long as wide and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the well access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 7, Block 1, and Lots 15, 16 and 17, Block 2, Stoneridge Subdivision,  located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Parkview Drive. 

30.             No. 03SV039 - A request by Gordon Howie for Galen Steen for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sewer, water, street light conduit, sidewalk and pavement as per Chapter 16.16 of the Rapid City Municipal Code on the SW1/4 NE1/4; the west 66 feet of the NW1/4 NE1/4, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and,  a portion of the E1/2 of Section 25, located in the E1/2 Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows:  Commencing at the center 1/4 corner of Section 25, and the Point of Beginning, thence, first course:  N90º00'00"E, along the 1/4 line of Section 25, a distance of 396 feet; thence, second course:  S00º00'00"W, a distance of 624.43 feet; thence, third course:  N90º00'00"W, a distance of 396.00 feet, to a point on the 1/4 line of Section 25: thence, fourth course:  N00º00'00"E, along the 1/4 line of Section 25, a distance of 624.43 feet, to the center 1/4 corner of Section 25, and the point of beginning; said parcel contains 5.677 acres more or less, located southeast of the intersection of Anderson Road and South Side Drive. 

31.             No. 03SV040 - A request by FMG, Inc. for Bill Freytag for a Variance to the Subdivision Regulations to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on the S1/2 NW1/4 NW1/4 less Tyler Knue Subdivision, Section 24, T2N, R7E, unplatted, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and a tract of land located in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Pennington County, South Dakota, more particularly described as follows:  Commencing at a point which is a 5/8" rebar with survey cap LS 6119 marking the northwest corner of Lot 9 of Block 1 of Tyler Knue Subdivision in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence, N00º16'55"E a distance of 77.12 feet, more less, to a point; Thence N13º44'34"W a distance of 107.66 feet, more less, to a point; Thence S66º12'08"W a distance of 303.51 feet, more less, to a point; Thence N89º32'23"W a distance of 279.98 feet, more less, to a point; Thence N00º27'37"E a distance of 121.67 feet , more or less, to a point; Thence N45º26'14"E a distance of 159.30 feet, more or less, to a point; Thence S44º33'46"E a distance of 12.36 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 226.00 feet and an arc length of 57.47 feet, more or less, to a point; Thence N45º57'12"E a distance of 54.45 feet, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 174.00 feet and an arc length of 47.61 feet, with a cord bearing S71º38'36"E and a distance of 47.46 feet, more or less, to a point; Thence N14º08'42"E a distance of 198.01 feet, more or less, to a point; Thence N04º06'06"E a distance of 200.01 feet, more or less, to a point, said point being on the north line of Section 24, T2N, R7E, BHM: Thence N89º40'38"W a distance of 403.23 feet, more or less, to a point, said point being a 2" pipe marking the northwest corner of Section 24, T2N, R7E, BHM; Thence S00º27'40"W a distance of 664.08 feet, more or less, to a point, said point being the northwest 1/16 corner of Section 24, T2N, R7E, BHM; Thence S89º43'05"E a distance of 676.34 feet, more less, to the Point of Beginning, located along Nicole Street. 

Continue the following items until January 5, 2004:

32.             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. 

33.             No. 03PL091 - A request by Renner and Sperlich for Doeck, LLC for a Layout, Preliminary and Final Plat on Tracts A and B, Auburn Hills Subdivision, located in the NW1/4 of SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SW1/4 located in the NW1/4 of SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Chalkstone Drive and Auburn Drive. 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings

Off-Sale Liquor License Renewal

34.             B & L Inc., dba Boyd’s Liquor Mart, 909 E St Patrick St , for an Off-Sale Liquor License Renewal

35.             B & L Inc., dba Boyd’s Liquor Mart, 2001 W Main Street, for an Off-Sale Liquor License Renewal

36.             Mills Drug Inc., dba Boyd’s Liquor Mart, 1424 Mt Rushmore Rd , for an Off-Sale Liquor License Renewal

37.             Dan’s Super Market Inc., dba Dan’s Super Market, 333 Third Street, for an Off-Sale Liquor License Renewal

38.             Flannery Oil Company, dba Corner Pantry – LaCrosse St, 2130 LaCrosse Street, for an Off-Sale Liquor License Renewal

39.             Sam’s West, Inc. dba Sam’s Club No. 6565, 1020 LaCrosse Street , for an Off-Sale Liquor License Renewal

40.             Retsel Corp dba Ramada Inn (Package Store), 1721 N. LaCrosse Street, for an Off-Sale Liquor License Renewal

41.             Safeway Stores 46, Inc. dba Safeway Store No. 1554, 730 Mt. View Road, for an Off-Sale Liquor License Renewal

42.             Merle R. Bach dba The Hideaway, 1575 N. LaCrosse Street, for an Off-Sale Liquor License Renewal

43.             Patricia Weaver dba Gas N Snax, 418 Knollwood Drive, for an Off-Sale Liquor License Renewal 

On-Sale Wine License Renewal

44.             The Retired Enlisted Assoc Inc., Chapter 29, 906 E North Street, for an On-Sale Wine License Renewal

45.             Shotgun Willies Inc., dba Shotgun Willies, 2808 W Main St , for an On-Sale Wine License Renewal

46.             Dan Trieu Ly dba Golden Fortune, 1204 E. North Street, for an On-Sale Wine License Renewal

47.             Museum Alliance of Rapid City, Inc. dba The Journey Museum, 222 New York Street, for an On-Sale Wine License Renewal

48.             Keith & Dorla Brink dba Carini’s Italian Food, 324 St. Joe Street, for an On-Sale Wine License Renewal

49.             WR Rapid City Ventures, LP dba Oakleaf Beer Garden, 2213 LaCrosse Street, for an On-Sale Wine License Renewal

50.             Century Motels, Inc. dba Howard Johnson Express Inn & Suites, 950 North Street, for an On-Sale Wine License Renewal 

On-Sale Liquor License Renewal

51.             Martom Management Inc., dba Day’s Inn Lounge, 725 Jackson Blvd, for an On-Sale Liquor License Renewal and Sunday Opening

52.             Outback Midwest II LP, dba Outback Steakhouse, 665 E Disk Drive, for On-Sale Liquor License Renewal and Sunday Opening

53.             The Retired Enlisted Assoc Inc., Chapter 29, 1981 E Centre St, for an On-Sale Liquor License Renewal and Sunday Opening

54.             Poker Joes Inc., dba Poker Joes, 211 Cambell Street, for an On-Sale Liquor License Renewal and Sunday Opening

55.             Brinker Restaurant Corp, dba Chili’s Grill & Bar, 2125 N Haines Ave , for an On-Sale Liquor License Renewal and Sunday Opening

56.             Joe N Crawford, dba Smokin Joe’s, 4302 S Highway 79, for an On-Sale Liquor License Renewal and Sunday Opening

57.             Fox Family Enterprises Inc., dba Rodeway Inn, 2208 Mt Rushmore Road , for an On-Sale Liquor License Renewal and Sunday Opening

58.             Karen J Schumacher, dba Brass Rail Lounge, 624 St Joseph Street, for an On-Sale Liquor License Renewal and Sunday Opening

59.             Harbry Enterprises Inc., dba Buck-N-Gator, 4095 Sturgis Road, for an On-Sale Liquor License Renewal and Sunday Opening

60.             Steven C Lester, dba Quality Inn, 1902 N LaCrosse Street, for an On-Sale Liquor License Renewal and Sunday Opening

61.             Rushmore Catering Company Inc., dba Rushmore Plaza Holiday Inn, 505 N 5th Street for an On-Sale Liquor License Renewal and Sunday Opening

62.             Oasis Lounge, Inc. dba Oasis Lounge, 711 Main Street, for an On-Sale Liquor License Renewal

63.             Entertainment, Ind. dba Robbinsdale Lounge, 801 E. St. Patrick Street, for an On-Sale Liquor License Renewal and Sunday Opening

64.             Alta-Lee, Inc. dba Clock Tower Lounge, 2525 W. Main Street, for an On-Sale Liquor License Renewal and Sunday Opening

65.             Ron Stevens & Norbert Schoenfelder dba Hara’s, 2200 N. Maple Avenue, for an On-sale Liquor License Transfer (from corporation to individual)

66.             Ron Stevens & Norbert Schoenfelder dba Hara’s, 2200 N. Maple Avenue, for an On-Sale Liquor License Renewal

67.             Sports Saloon, Inc. dba Murphy’s Bar, 510 Ninth Street, for an On-Sale Liquor License Renewal and Sunday Opening

68.             Harley’s Casino, Inc. dba Harley’s Casino, 640 E. St. Patrick Street, for an On-Sale Liquor License Renewal and Sunday Opening

69.             Cowboy Casino, Inc. dba Woody’s, 826 Main Street, for an On-Sale Liquor License Renewal and Sunday Opening

70.             Retsel Corp dba Ramada Inn (Cheers), 1721 N. LaCrosse Street, for an On-Sale Liquor License Renewal and Sunday Opening

71.             Blue Lantern Lounge, Inc. dba Blue Lantern Lounge, 1200 E. St Patrick Street, for an On-Sale Liquor License Renewal and Sunday Opening

72.             Western Dakota Gaming, Inc. dba Valley Sorts Bar, 1865 S. Valley Drive, for an On-Sale Liquor License Renewal and Sunday Opening

73.             WR Rapid City Ventures, LP dba Minerva’s Restaurant & Bar, 2211 N. LaCrosse Street, for an On-Sale Liquor License Renewal and Sunday Opening

74.             Loyal Order of Moose, 841 E. St. Patrick Street, for an On-Sale Liquor License Renewal and Sunday Opening

75.             Fat Boy’s, Inc. dba Firehouse Brewing Company, 610 Main Street, for an On-Sale Liquor License Renewal and Sunday Opening

76.             Phatty McGees, Inc. dba Phatty McGees, 321 Seventh Street, for an On-Sale Liquor License Renewal and Sunday Opening

77.             Wilburn-Powers, Inc. dba Horseshoe Bar, 1407 ½ E. North Street, for an On-Sale Liquor License Renewal and Sunday Opening

78.             Sanford’s Grub & Pub South Dakota, Inc. dba Sanford’s Grub & Pub, 306 Seventh Street, for an On-Sale Liquor License Renewal and Sunday Opening

79.             Rapid City Elks Club, Lodge No. 1187, 3333 E. 39th Street, for an On-Sale Liquor License Renewal and Sunday Opening

80.             VFW, Rushmore Post 1273, 420 Main Street, for an On-Sale Liquor License Renewal and Sunday Opening

81.             Restech Partners, Inc. dba TGI Fridays, 2205 N. LaCrosse Street, for an On-Sale Liquor License Renewal and Sunday Opening

82.             Century Motels, Inc. dba Howard Johnson Express Inn& Suites, 950 North Street, for an On-Sale Liquor License Renewal 

Off-Sale Malt Beverage License Transfer

83.             Fresh Start Convenience Stores, Inc. dba Fresh Start Convenience Store, 520 Birch Avenue, for an Off-Sale Malt Beverage License Transfer (from Ranch Mart, Inc.) 

Set for Hearing (December 15, 2003)

84.             No. CC120103-02 – See Attached List 

CONSENT CALENDAR ITEMS– 85-117 

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

85.             Acknowledge the report on the Flat Water Rate Accounts.

86.             No. PW112503-01 – Approve Change Order No. 01 for Canyon Lake Drive Reconstruction Project No. ST03-817 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $11,854.64.

87.             No. PW112503-02 – Approve Change Order No. 01(Final) for Centennial Street Reconstruction & Texas Street Reconstruction Project Nos. ST03-919 & ST03-1163 to Hills Materials Company for a decrease of $375.29.

88.             No. PW112503-03 – Approve Change Order No. 02 for Miscellaneous Improvements Project No. MIP03-1236 to Stanley J. Johnsen Concrete Contractor, Inc. for an increase of $4,065.00.

89.             Table the discussion of subdivision surety issues.

90.             Authorize staff to advertise for bids for One (1) New Current Model Year Trash Compactor for Landfill.

91.             No. PW112503-04 - Authorize Mayor and Finance Officer to sign Unsolicited Proposal to Transfer Ownership of Ellsworth Air Force Base 16” Water Service Main to the City of Rapid City.

92.             No. 03TP016 – Approve the Intelligent Transportation System Master Plan for Integration Systems, Final Draft Report.

93.             No. 03RD009 – Approve a Resolution for petitioner Dan Jennissen for Pennington County naming a 30 foot wide private access easement to Windhaven Drive on property that begins approximately 1/2 mile north of East Highway 44 off of Valley Drive and proceeds 1/8 mile east, located in Marshall Subdivision, Section 5, T1N, R8E, BHM, Pennington County, South Dakota, located 1/2 mile north of East Highway 44 off of Valley Drive. 

Legal & Finance Committee Consent Items

94.             No. LF112403-01 - Authorize Mayor and Finance Officer to sign Release of Right of Way and Quit Claim Deed for 5 Star Real Estate, Inc.

95.             Request Rapid Transit staff to work with Shelly Schock, Western Resources for dis-ABLED Independence to come up with ideas to improve the Saturday service and bring forward recommendations to the Legal & Finance Committee.

96.             No. LF112403-04 - Confirm appointment of John Herr to a three year term on Zoning Board of Adjustment.

97.             No. LF112403-05 - Confirm appointment of Paul Weber and Dennis Hettich to Sign Code Board of Appeals.

98.             No. LF112403-06 - Confirm appointment of Buzz Hammerquist (Contractor), Milford Kast (Contractor), Duane Lassegard (Propane Supplier) and Steve Malone (Mechanical Engineer) to Mechanical Board; and each to a two year term to expire December 31, 2005.

99.             No. LF112403-07 - Confirm appointment of George Thompson to fill unexpired term on Mechanical Board representing the natural gas supplier position.

100.         No. LF112403-08 - Confirm appointment of Louis Schwengler and Bill Lass to fill unexpired terms on Urban Forestry Board.

101.         No. LF112403-09 - Confirm appointment of Doug Rumpa and reappoint Andrew Hade to Sign Contractor Board.

102.         No. LF112403-10 - Authorize Mayor and Finance Officer to sign Ground Ambulance Transportation Agreement (Rapid City Regional West Center for Behavioral Health).

103.         No. LF112403-11 - Authorize staff to apply for and accept monies from State of South Dakota for WMD grant in the approximate amount of $306,000. 

104.         No. 03TI009 - Approve a request by Dream Design International to consider an application for a Resolution Creating Tax Increment District No. 42 on the NE1/4NE1/4 less ROW, GL2, SW1/4NE1/4, N1/2GL3, GL 4 less ROW, E1/2SW1/4NW1/4, S1/2GL3 less Big Sky Subdivision, SE1/4NW1/4 less Big Sky Subdivision, W1/2SW1/4NW1/4 including private Drive and less ROW, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 and Lot 8 including ROW, Block 13, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 2, 3, 4, and 5 including ROW, Block 14, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, NE1/4SE1/4, NW1/4SE1/4, SW1/4SE1/4, SE1/4NW1/4, SW1/4NW1/4 less ROW, N1/2SW1/4 less ROW, S1/2SW1/4 less Lot 1 of Neff Subdivision #3 less ROW, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1, Neff Subdivision #3, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in SW1/4NW1/4, Lot H2 in SW1/4NW1/4, Lot H1 in W1/2SW1/4, Lot H2 in N1/2W1/2SW1/4, and Lot H3 in S1/2SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in N1/2 of Government Lot 4, Lot H3 in S1/2 of Government Lot 4, Lot H2 in W1/2SW1/4NW1/4, Lot H1 in NW1/4NW1/4, and Lot H1 in SW1/4NW1/4, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in E1/2NE1/4, Lot H2 in E1/2NE1/4, Lot H2 in E1/2SE1/4, and Lot H1 in SE1/4, all located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in NE1/4, and Lot H2 in Government Lot 1 and the SE1/4NE1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4NE1/4, Section 33, and SW1/4NW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4, Section 33 and SW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road between NE1/4 of Section 4 and NW1/4 of Section 3, all in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Homestead Drive and Degeest Street rights-of-way, located in the NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Twilight Drive. 

105.         No. 03TI010 - Approve a request by Dream Design International to consider an application for a Tax Increment District No. 42 - Project Plan on the NE1/4NE1/4 less ROW, GL2, SW1/4NE1/4, N1/2GL3, GL 4 less ROW, E1/2SW1/4NW1/4, S1/2GL3 less Big Sky Subdivision, SE1/4NW1/4 less Big Sky Subdivision, W1/2SW1/4NW1/4 including private Drive and less ROW, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 2 and Lot 8 including ROW, Block 13, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots 2, 3, 4, and 5 including ROW, Block 14, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, NE1/4SE1/4, NW1/4SE1/4, SW1/4SE1/4, SE1/4NW1/4, SW1/4NW1/4 less ROW, N1/2SW1/4 less ROW, S1/2SW1/4 less Lot 1 of Neff Subdivision #3 less ROW, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1, Neff Subdivision #3, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in SW1/4NW1/4, Lot H2 in SW1/4NW1/4, Lot H1 in W1/2SW1/4, Lot H2 in N1/2W1/2SW1/4, and Lot H3 in S1/2SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in N1/2 of Government Lot 4, Lot H3 in S1/2 of Government Lot 4, Lot H2 in W1/2SW1/4NW1/4, Lot H1 in NW1/4NW1/4, and Lot H1 in SW1/4NW1/4, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in E1/2NE1/4, Lot H2 in E1/2NE1/4, Lot H2 in E1/2SE1/4, and Lot H1 in SE1/4, all located in Section 33, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 in NE1/4, and Lot H2 in Government Lot 1 and the SE1/4NE1/4, all located in Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4NE1/4, Section 33, and SW1/4NW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road right-of-way between SE1/4, Section 33 and SW1/4, Section 34, all in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Elk Vale Road between NE1/4 of Section 4 and NW1/4 of Section 3, all in T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Homestead Drive and Degeest Street rights-of-way, located in the NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road and north of Twilight Drive. 

106.         No. LF112403-19 - Approve an Amendment to the Joint Resolution Establishing Geographic Information System (GIS) Standard Products and Data Pricing List to include pricing for Road Map Books.

107.         No. 03TP017 - Approve the 2004 Unified Planning Work Program Report.

108.         No. LF112403-20 - Approve procedures for administrative approval of final plats.

109.         No. LF112403-13 - Approve Resolution to Establish the Non-Union Position of Accounting and Grants Manager.

110.         No. LF112403-14 - Approve Resolution to Amend the Non-Union Personnel Policy.

111.         No. LF112403-17 - Authorize Mayor and Finance Officer to sign Agreement with Humane Society for Animal Control Services.

112.         No. LF112403-18 - Authorize Mayor and Finance Officer to sign Agreement with Humane Society for Animal Shelter Services.

113.         No. CC120103-05 - Authorize Mayor and Finance Officer to sign Plan Amendment No. 22 to the Rapid City Healthcare Benefit Plan effective January 1, 2004.

114.         No. CC120103-06 - Authorize Mayor and Finance Officer to sign Plan Amendment No. 23 to the Rapid City Healthcare Benefit Plan effective January 1, 2004. 

115.         Approve the following licenses:  Central Station Service:  Checkpoint Security Systems Group, Inc., Edward Morrissey; SNC, Inc., Butch Neel; Electrical Apprentice:  William (Bill) H. Chapman, Jr., Jim Hall, Dale Marti, Thor Soder, Roy Thomas, Larry D. Wiechmann; House Mover:  Warner Ghere, Ghere House Moving; O’Neil Company, Inc.; Master Electrician:  Gilbert Allen Hatch; Metals and Gems:  Douglas L. Kinniburgh, Gun Haven; Pawn Shop:  Douglas L. Kinniburgh, Gun Haven; Pigeon Loft:  Jacob Miller; Plumbing Contractor:  Steve Darling, Plumbing Design & Installation; Second Hand:  Mathew J. Batchelder, Batchelder’s Plummer Piano & Organ; Thomas J. Haggerty, Haggerty’s Inc.; Douglas L. Kinniburgh, Gun Haven; Sewer & Water Installer Journeyman:  John R. Page; Sewer & Water Installer Contractor:  Vince Finkhouse, Jr., CK Excavating; Sign Contractor:  ABC Signs and Vinyl Graphics, Jack Venable; Flat Earth Sign Co., Tim Peterson; Lamar Outdoor Advertising, Doug Rumpca; Pride Neon, Inc., George Menke; Sign Service & Supply, Todd Koehne; Residential Contractor: American Builders, Inc., Joel W. Boylan; Brenneise Homes, Ken H. Brenneise; Contemporary Construction, Lee A. & Terry J. Kenney; E-Z Home Repair, Robert J. Boyer; Ekco Development Company, Gary A. & Dorothy J. Rasmusson; GlenMar Enterprises, Inc., Glen Kane; Gustafson Builders, Wayne & David Gustafson; K 1 Construction, Ken Fuerst; Kangas Construction, Gail Kangas; Lifestyle Homes, Marcy Charlton;  Lost Cabin Constructors, Inc., Richard Quinn; Marx Construction, Duane Marx; Oligmueller Incorporated, Brad J. Oligmueller; Olson Services, Jeremy Olson; Radke Construction, Dennis Radke; Specialty Installation LLC, Randy L. Ross; Seco Construction, Inc., Neal A. Schlottman;  Site Work Specialists, Inc., Mike Ryan; Sun Rise Construction, Inc., Brian Sykora, Sykora Construction; T & P Builders, Patric Traxinger; Triple R Construction, Randal Ruthford; Mike Tennyson/Greg Brink; United Building Center, Keith Ginter; W D Masonry & Concrete, Inc., Wayne L. & Dale R. Sartorius; Schad Construction, Inc., James A. Schad; Mike Tipton & Sons Const., Kenneth Michael Tipton. 

Planning Department Consent Items

116.         No. 03PL089 - A request by Dream Design International, Inc. for Hank Craig for a Preliminary and Final Plat on Lots 1, 2 and 3 of Craig Estates,  located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of the N1/2 of Government Lot 4,  located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along the 4200 Block of Parkview Drive. 

117.         No. 03PL090 - A request by Davis Engineering for Lyle Hendrickson for a Layout, Preliminary and Final Plat on Tract A and Tract B of Henrickson Addition, located in NW1/4 SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 9 and 11 thru 20, Block 5 and the north half of vacated East Watertown Street; Lots 3 thru 14 and the vacated alley adjacent to Lots 7 thru 14 in Block 6 and the south half of vacated Watertown Street lying north of the railroad right-of-way, and the vacated portions of Herman Street, East Madison Street and Maple Avenue all in Schnasse Addition; all located in NW1/4 SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 110 East Watertown Street. 

END OF CONSENT CALENDAR 

Raffle

118.         No. CC120103-03 – Acknowledge notification from Counts of the Cobblestone Car Club of their intent to conduct a raffle on February 15, 2004 

END OF CONSENT CALENDAR 

Public Comment on Item 119-120 

PUBLIC HEARING

119.         No. LF102903-12 - Proposed Lease of LaCroix Links Golf Course to the Rapid City YMCA 

120.         No. CC120103-04 – Resolution Levying Assessment for Miscellaneous Property Cleanup 

Public Comment on Items 121-126 

PLANNING DEPARTMENT– HEARINGS

121.         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. 

122.         No. 03PD054 - Appeal of Planning Commission's decision on a request by Chris Connelly for a Major Amendment to a Planned Residential Development to allow a seven foot side yard setback on Lots 35 thru 38 of Lot 3 in the NE1/4 NW1/4, Block 2, Schamber Section 9 NE1/4 NW1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1920 and 1930 Monte Vista Drive. 

123.         No. 03SV034 - A request by Davis Engineering for Lyle Hendrickson for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks as per Chapter 16.16 of the Rapid City Municipal Code on Tract A and Tract B of Henrickson Addition, located in NW1/4 SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 9 and 11 thru 20, Block 5 and the north half of vacated East Watertown Street; Lots 3 thru 14 and the vacated alley adjacent to Lots 7 thru 14 in Block 6 and the south half of vacated Watertown Street lying north of the railroad right-of-way, and the vacated portions of Herman Street, East Madison Street and Maple Avenue all in Schnasse Addition; all located in NW1/4 SW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 110 East Watertown Street. 

124.         Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements on the south 395.8 feet of the north 737.7 feet of the unplatted portion of the NW1/4 SE1/4 Section 26, T2N, R7E, BHM, Rapid City, Pennington County South Dakota; and, the east 720 feet of the south 197.9 feet of the north 935.6 feet of the unplatted portion of the NW1/4S E1/4 of Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1840 Tranquil Trail. (03SV042) 

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

126.         No. 03VR011 - A request by John K. Nooney for a Vacation of Right-of-Way on Lots 1 and 2 of Five Star Subdivision located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Interstate 90. 

Public Comment on Items 127-135 

ORDINANCES & RESOLUTIONS

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

128.         No. LF101503-05 – Second Reading, Ordinance 3934 entitled An Ordinance Regulating Storage and Parking of Trucks, Trailers and Commercial Vehicles by Amending Chapter 10.40 of the Rapid City Municipal Code to Include a New Section 10.40.200. 

129.         No. 03OA004 - Second Reading, Ordinance No. 3968 entitled An Ordinance Amending the Fee for Appeals to the Zoning Board of Adjustment by Amending Section 17.54.020(A) of the Rapid City Municipal Code. 

130.         No. LF100103-24R – Second Reading, Ordinance 3988, entitled An Ordinance Modifying the Regulation of the Rapid City Economic Development and Civic Improvements Fund by Amending Section 3.16.020 of the Rapid City Municipal Code. 

131.         No. LF100103-18R – Second Reading, Ordinance 3993 entitled An Ordinance Amending the Capital Improvements Committee Operating Procedures by Amending Section 3.16.090 of the Rapid City Municipal Code. 

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

133.         No. LF112403-16 - First Reading, Ordinance No. 4003, Regarding Supplemental Appropriation No. 6 for 2003. 

134.         No. 03RZ047 – First Reading, Ordinance 4004 a request by Centerline for Ken Kirkeby and Larry Lewis to consider an application 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. 

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

Public Comment on Item 136-142 

LEGAL & FINANCE COMMITTEE ITEMS

136.         No. LF112403-02 - Authorize Mayor and Finance Officer to sign Memorandum of Understanding between City of Rapid City, Rapid City Hospitality Association, and Rapid City Area Chamber of Commerce. 

137.         No. LF112403-03 – Continue Saturday Public Transportation Service and take the funding for this service from the Council Contingency Fund effective January 1, 2004. 

138.         Ordinance Review Committee recommendation on backing service vehicles into angled parking spots. 

139.         Ordinance Review Committee recommendation on condemned signs. 

140.         No. LF112403-12 - Authorize Mayor and Finance Officer to sign Contractual Agreement with Sweet Computer Services for Software Support in the amount of $2,340. 

141.         Authorize Mayor and Finance Officer to sign IDPF Agreement and Promissory Note with Dakota Heartland (Timmons Boulevard). 

142.         No. LF112403-15 - Approve Resolution Amending the Plan for Projects and Programs to be Funded from the Rapid City Economic Development and Civic Improvements Fund. 

Public Comment on Items 143-145 

PUBLIC WORKS COMMITTEE ITEMS

143.         No. PW102803-04 – Approve Change Order No. 01F for Parkview Softball Complex Phase 2 Project No. PR02-1216 to Simon Contractors of South Dakota for an increase of $9,721.49. 

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

145.         No. PW112503-05 - Fifth Street Funding. 

FINANCE OFFICER'S REPORT 

APPROVAL OF BILLS 

POLICE DEPARTMENT REPORT 

PUBLIC WORKS DIRECTOR'S REPORT 

CITY ATTORNEY'S REPORT 

DEVELOPMENT APPEALS AND REVIEW BOARD 

EXECUTIVE SESSION TO DISCUSS PERSONNEL MATTER 

ADJOURN