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

July 6, 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  

APPROVAL OF MINUTES of June 21, 2004 and Special Council June 21 and June 30, 2004

RECESS - SWEAR IN NEW COUNCIL MEMBERS 

RECONVENE 

ELECTION OF OFFICERS  

1.                  Council President

2.                  Council Vice President

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

3.                  No. CC070604-01 Card Key Security System Project No. WRP04-1384 

Items from the Mayor

4.                  Appointments 

Items from Council Members/Liaison Reports

5.                  City Council Policies & Procedures, Aldermen Kooiker 

Motions for Delivery of Item From Committee 

Continued Items Consent Calendar – Items 6-25 

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 July 19, 2004: 

6.                  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. 

7.                  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. 

8.                  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. 

9.                  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. 

10.             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. 

11.             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. 

12.             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. 

13.             No. 04PL055 - A request by Sperlich Consulting Inc. for Gordon Howie for a Preliminary Plat on Lot 7R and Lot 8R, Holy Cow Ranch Subdivision, located in "Government" Lots 3 and 4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 7 and Lot 8, Holy Cow Ranch Subdivision, located in "Government" Lots 3 and 4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, located along Holy Cow Ranch Road. 

14.             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. 

15.             No. 04PL065 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Preliminary Plat on Lots 1 of South Gate Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 SW1/4 NW1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of 5th Street along Sidewinder Boulevard. 

16.             No. 04PL068 - A request by Centerline Inc. for Magheramore, LLC for a Preliminary Plat on Lots 1 thru 9, Block 1, Darlington Estates, located in the Section 34, T1N, R8E, BHM, Pennington County, South Dakota, legally described as that portion of the NE1/4 lying west of railroad right-of-way; N1/2 NW1/4; SE1/4 NW1/4; NE1/4 SW1/4, Section 34, T1N, R8E, BHM, Pennington County, South Dakota; that portion of the NE1/4 NE1/4 lying east of Old Folsom Road, Section 33, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Lamb Road and Old Folsom Road. 

17.             No. 04PL071 - A request by Renner & Associates for Ray Palmer for a Preliminary Plat on Lot 7 of Block 1 and Tract A, Palmer Subdivision, located in the SE1/4 of the NW1/4, and NE1/4 of the SW1/4, Section 14, T2N, R6E, BHM, Pennington County, South Dakota, legally described as the SE1/4 of the NW1/4, a portion of the NE1/4 of the SW1/4 and a portion of Palmer Road in Section 14, located in the SE1/4 of the NW1/4, and NE1/4 of the SW1/4, Section 14, T2N, R6E, BHM, Pennington County, South Dakota, located along Palmer Road off of Nemo Road. 

18.             No. 04PL076 - A request by Dream Design International Inc. for a Preliminary Plat on Tract 1 and Outlot A, Eastridge Subdivision, dedicated Enchantment Road, and Enchanted Pine Drive located in the NW1/4, NE1/4 Section 24, the E1/2, NW1/4, Section 24, and the NE1/4, SE1/4, NW1/4, Section 24, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance in the  NW1/4, NE1/4 Section 24, the E1/2, NW1/4, Section 24, and the NE1/4, SE1/4, NW1/4, Section 24, T1N, R7E, BHM, Pennington County, South Dakota, located south of Enchanted Pines Road and east of Enchantment Road. 

19.             No. 04SV026 - A request by Centerline, Inc. for Horizon Properties, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sewer as per Chapter 16.16 of the Rapid City Municipal Code on Tract 1 of Outlot B less Lots A-C of Merchen's First Addition Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 701 East St. Patrick Street. 

20.             No. 04SV031 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Co. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1878.59 feet at a bearing S89º27'22"E to a point; thence travel 59.93 feet at a bearing N00º32'38"E to the Point of Beginning; travel 213.89 feet at a bearing N34º24'28"W to a point on a curve; thence travel 38.11 feet along a 210.00 foot radius Concave Northwesterly curve with a chord bearing N39º36'25"W to a point; thence travel 166.06 feet at a bearing N44º48'23"W to a point on a curve; thence travel 333.97 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N05º32'55”E to a point; thence travel 219.73 feet at a bearing N55º19'07"E to a point; thence travel 267.59 feet at a bearing S34º35'20"E to a point; thence travel 300.18 feet at a bearing S45º00'00"W to a point; thence travel 303.00 feet at a bearing S34º24'28"E to a point; thence travel 108.34 feet at a bearing of S45º10'38”W the Point of Beginning; said parcel contains approximately 3.23 acres more or less, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

21.             No. 04SV032 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Co. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1819.43 feet at a bearing S89º27'22"E to a point to the Point of Beginning; travel 164.96 feet at a bearing N45º10'32"E to a point; thence travel 301.36 feet at a bearing N45º24'39"E to a point; thence travel 210.28 feet at a bearing N54º45'23"E to a point; thence travel 48.86 feet at a bearing S15º57'26"W to a point; thence travel 406.85 feet at a bearing S00º46'13"W to a point; thence travel 484.47 feet at a bearing N89º27'22"W to the Point of Beginning; and, commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1819.43 feet at a bearing S89º27'22"E to a point to the Point of Beginning; travel 484.47 feet at a bearing S89º27'22"E to a point; thence travel 121.99 feet at a bearing S00º46'13"W to a point; thence travel 282.52 feet at a bearing S75º51'59"W to a point on a curve; thence travel 420.51 feet along a 437.22 foot radius Concave Southwesterly curve with a chord bearing S65º50'38"W to a point; thence travel 27.01 feet at a bearing N54º20'05"W to a point on a curve; thence travel 173.71 feet along a 100.00 foot radius Convex Northwesterly curve with a chord bearing N04º34'14"W to a point; thence travel 273.99 feet at a bearing N45º10'32"E to the Point of Beginning; said parcel contains approximately 5.60 acres more or less, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

22.             No. 04SV034 - A request by Renner & Associates for Ray Palmer for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, sewer, pavement and water as per Chapter 16.16 of the Rapid City Municipal Code on Lot 7 of Block 1 and Tract A, Palmer Subdivision, located in the SE1/4 of the NW1/4, and NE1/4 of the SW1/4, Section 14, T2N, R6E, BHM, Pennington County, South Dakota, legally described as the SE1/4 of the NW1/4, a portion of the NE1/4 of the SW1/4 and a portion of Palmer Road in Section 14, located in the SE1/4 of the NW1/4, and NE1/4 of the SW1/4, Section 14, T2N, R6E, BHM, Pennington County, South Dakota, located along Palmer Road off of Nemo Road. 

23.             No. 04VE010 - A request by Steven Thingelstad for Western Management Corporation for a Vacation of Major Drainage Easement on Lot 2 of Block 2 of Parkridge Village Subdivision No. 2 located in the NW1/4 of the NE1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Park Drive. 

Continue the following items until August 2, 2004: 

24.             No. 04PL072 - A request by Donald Potts for a Layout Plat 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. 

25.             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 

End of Continued Items Consent Calendar 

Special Orders 

Matters to be Reconsidered 

Alcoholic Beverage License Applications 

Hearings 

On-Off Sale Malt Beverage License Renewals – No Video Lottery 

26.             Mann, Inc. dba Roadhouse Nightclub & Grill, 1900 N. Maple Avenue, for an On-Off Sale Malt Beverage License Renewal 

Special Malt Beverage and Wine Licenses 

27.             Children’s Care Rehab & Dev Center, for a Special Malt Beverage and Wine License, to be used on August 11, 2004 at Legend Air Suspension 1820 Samco Road 

Set for Hearing (None) 

Consent Calendar Items – 28-66 

The following items were placed on the Consent Calendar for final action to be taken on all items by a single vote. Any item may be removed from the Consent Calendar by the Mayor, a Council person, or a citizen, for separate consideration. 

Public Request for Removal of Items from Consent Calendar 

Request of Council Members to Remove items from the Consent Calendar 

Vote on Remaining Consent Items 

Public Comment on First Item Removed from Consent Calendar 

Council Discussion and Vote on Item 

Set for Hearing (August 2, 2004) 

28.             No. 04VR002 - A request by Alliance of Architects and Engineers for the Rapid City Journal to consider an application 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. 

29.             No. 04VR003 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC to consider an application for a Vacation of Section Line Highway on property described by metes and bounds as commencing from the northwest corner of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; thence S0º07'54.5"W a distance of 1141.567 feet along the section line to a point at which the section line intersects the eastern right of way of proposed Parkview Drive alignment, thence northeasterly along a chord with a bearing of N12º22'24"E a distance of 155.636 feet to the true point of beginning at the intersection of the eastern section line right of way with the proposed Parkview Drive right of way. Thence S0º07'54.5"W, 957.876 feet to the intersection of the east section line right of way and Sidewinder Blvd right of way, thence S78º54'16"W, 4.39 feet, to the southwest corner of Lot 1 of South Gate Subdivision, thence northwesterly along a curve with a delta of 10º26'33.5", a radius of 1021.00 feet, and a length of 186.085 feet with a chord bearing of N19º15'29.3"W and a chord distance of 185.828 feet to the intersection of the western section line right of way and eastern Fifth Street right of way, thence N0º07'54.5"E, 553.742 feet to the intersection of the western section line right of way and proposed eastern Parkview Drive right of way, thence northeasterly along a curve with a delta of 7º34'43.2", a radius of 638.00 feet, and a length of 84.39 feet with a chord bearing of N23º10'06.9"E and a chord length of 84.328 feet to the point of beginning, located east of 5th Street along Sidewinder Boulevard. 

Public Works Committee Consent Items 

30.             Approve a request for an exception to the Street Design Criteria Manual for Benjamin Doughty on Lot 19, Block 2, Robbinsdale Addition No. 9.

31.             Recommend an audit of the Professional Service Agreement for the Stoney Creek Booster Station.

32.             Request staff to bring forward to the July 13, 2004 Public Works Committee meeting a recommendation on the manpower needed to implement the City’s Pavement Management System to its fullest.

33.             Request the South Dakota Department of Transportation to restore on-street parking along Fifth Street from the railroad tracks south to Saint Joseph Street.

34.             No. PW062904-01 Approve Change Order No. 01 for Fifth Street Extension Project No. ST00-914 & Catron Blvd. Project No. ST01-1095 to Zandstra Construction for an increase of $11,321.83.

35.             No. PW062904-02 Approve Change Order No. 01 for Southeast Connector Water & Sewer Reconstruction Project No. SSW02-1137 to Heavy Constructors, Inc. for an increase of $47,520.75.

36.             No. PW062904-03 Approve Change Order No. 01 for Sheridan Lake Road Panel Replacement Project No. STCM03-1294 to Simon Contractors of South Dakota, Inc. for an increase of $5,286.48.

37.             No. PW062904-04 Approve Change Order No. 01 and Final for Rapid City Library Remodel and Chiller Replacement Project No. IDP03-1337 to Action Mechanical, Inc. an increase of $305.00.

38.             No. PW062904-05 Authorize staff to advertise for bids for Dahl Fine Arts Center Expansion, Elevator Replacement Project No. IDP04-1367.

39.             Request the City Attorney’s Office to review the language of reimbursable costs in Professional Service Agreements; research previous Council action relative to reimbursable costs, and bring forward a recommendation on the removal of reimbursable costs in the Professional Service Agreements.

40.             No. PW062904-07 Authorize Mayor and Finance Officer to sign a Professional Service Agreement with FMG, Inc. to design Tallent Street Water Main Reconstruction, Walnut to East Meade Street Project No. W04-1263 for an amount not to exceed $47,270.

41.             No. PW062904-08 Set Time and Place for Hearing on August 2, 2004 for Assessment Roll for Una Del Water Main Extension Project No. SSW00-943.

42.             Approve the request from Northdale Sanitary District to annex only Lot C with the stipulation that the overall lots not exceed 150 lots.

43.             No. 04TP011 Authorize staff to advertise a Request for Proposals for the Rapid City Area Long Range Transportation Plan.

44.             Request the Rapid Transit System to continue the Saturday Dial-A-Ride service until the end of 2004. 

Legal & Finance Committee Consent Items 

45.             No. LF063004-01 Authorize Mayor and Finance Officer to sign User License Agreement for ASCLD/LAB Accreditation Manual with American Society of Crime Laboratory Directors.

46.             No. LF063004-03 Authorize Mayor and Finance Officer to sign Medical Director Contract for Ambulance Service with Dr. Kelly Manning.

47.             No. LF063004-05 Authorize Mayor and Finance Officer to sign Joint Power Fire Protection Agreement Addendum.

48.             No. LF022504-18 Request staff to revise the sign ordinance to include language for joint identification signs for shopping centers or for three or more businesses sharing parking areas regardless of whether they are under separate ownership.  Each area will be allowed one freestanding or ground sign per street frontage.  Off premise signs will not be allowed within the identified area.

49.             No. LF063004-02 Authorize Mayor and Finance Officer to sign Maintenance Agreement with Century Business Products, Inc.

50.             No. LF063004-08 Approve Resolution to Establish the Non-Union Position of Landfill Operations Supervisor.

51.             No. LF063004-07 Approve proposal to establish the Aquatics Division within the Department of Parks and Recreation.

52.             No. LF063004-09 Approve a Resolution to Establish the Non-Union Position of Aquatics Division Manager.

53.             No. LF063004-10 Approve a Resolution to Amend the AFSCME Union Compensation Wage Plan to Establish the Position of Recreation Facility Maintenance Operations Worker I, II, & III.

54.             No. LF063004-11 Approve a Resolution to Amend the Salary Schedule for the Non-Union Position of Recreation Division Manager.

55.             No. LF060204-03 Approve a Funding Policy for Recreation Field Improvement Projects (i.e. irrigation).

56.             Approve the following licenses:  Mechanical Apprentice:  Anthony Krebs; Mechanical Contractor:  Jesse Horst, Accurate Heating & Air; Mechanical Installer:  Jesse Horst; Plumbing Contractor:  Michael K. Lindberg, MKL Plumbing, Inc.; Plumber:  Scott Piebenga; Plumbing Apprentice:  Tyrel Wade Akley; Residential Contractor:  Baumberger Construction, Robert L. Baumberger; Fortified Homes, Inc., Brenen Brown & Cody Burton; Sewer and Water Contractor:  Jamie Gerlach, All Around Construction; Sewer and Water Journeyman:  Donald Krebs; Trenching Contractor:  Cody Schad, Schad Construction, Inc. 

Planning Department Consent Items 

57.             No. 04AN005 - A request by Bill Freytag for a Petition for Annexation on property described by metes and bounds as beginning at the northeast corner of Lot 1, Block 4, Tyler Knue Subdivision; thence first course: N00º17'18"E a distance of 131.86 feet; thence second course:  N89º36'51"W a distance of 145.05 feet; thence third course: S00º17'18"W a distance of 132.11 feet; thence fourth course:  S89º44'51"E a distance of 145.05 feet to the point of beginning; located in the NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, said parcel of land contains 0.440 acres more less, located at 900 Nicole Street.

58.             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.

59.             No. 04PL016 - A request by Renner & Associates for Barry Peterson for a Preliminary Plat on Lots A, B, and C of Lots 4R and 5R, Sale Barn Subdivision located in the SE1/4 NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 4R and 5R of Sale Barn Subdivision located in the SE1/4 NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Kennel Drive along Centre Street.

60.             No. 04PL023 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Dan O'Brien for a Preliminary Plat on Lots 1 through 16 inclusive and Drainage Lot A of Block 10 of Fairway Hills P.R.D. and dedicated right-of-way all located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all of Lot 3, all of Lot DE1 of Lot 3A and a portion of Lot 3A of Fairway Hills P.R.D., and a portion of the unplatted portion of the NW1/4 SW1/4 of Section 15, T1N, R7E, BHM of Fairway Hills P.R.D. all located in the W1/4 of Section 15, T1N,R7E, BHM, Rapid City, Pennington County, South Dakota, located along Sheridan Lake Road, Heidiway Lane and Fairway Hills Drive.

61.             No. 04PL059 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary Plat on Blocks 3 thru 7 of Lots 5, Lots 1 thru 4 of Block 7, Auburn Hills Subdivision, and Major Drainage Easement in the NW1/4 of the SW1/4 of 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 the SW/14, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Auburn Drive and Coal Bank Drive.

62.             No. 04PL070 - A request by Renner & Associates for the Canyon Lake Senior Citizen Center for a Layout Plat on Tract 1, Canyon Lake Senior Citizens Center, located in the NW1/4 of Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2900 Canyon Lake Drive.

63.             No. 04PL075 - A request by Bill Freytag for a Preliminary Plat on Lot 1R, Block 4, Tyler Knue Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 4, Tyler Knue Subdivision and a portion of the NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 900 Nicole Street.

64.             No. 04VE011 - A request by Mike Bartels for Alice Laselle for a Vacation of Utility Easement on Lot 3, Parker's Subdivision in the NW1/4, SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 3963 East Highway 44. 

Raffle 

65.             Acknowledge sale of raffle tickets, August 7 – 14, 2004 for 2005 Harley Davidson motorcycle, Greater South Dakota Chapter of the Muscular Dystrophy Association

66.             Acknowledge sale of raffle tickets, August 1 – 8, 2004 for 50/50 daily drawing, Youth & Family Services Early Head Start Parent Association 

END OF CONSENT CALENDAR 

Planning Department Items

67.             Authorization for 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, sewer and pavement along Brooke Street as it abuts Lot 1, Block 4, Tyler Knue Subdivision and a portion of the NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and a parcel of land described by metes and bounds as beginning at the northeast corner of Lot 1, Block 4, Tyler Knue Subdivision; thence first course: N00º17'18"E a distance of 131.86 feet; thence second course:  N89º36'51"W a distance of 145.05 feet; thence third course: S00º17'18"W a distance of 132.11 feet; thence fourth course:  S89º44'51"E a distance of 145.05 feet to the point of beginning; located in the NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 900 Nicole Street. (04SV036) 

68.             No. 04SV036 - A request by Bill Freytag for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R, Block 4, Tyler Knue Subdivision, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 4, Tyler Knue Subdivision and a portion of the NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota and a parcel of land described by metes and bounds as beginning at the northeast corner of Lot 1, Block 4, Tyler Knue Subdivision; thence first course: N00º17'18"E a distance of 131.86 feet; thence second course:  N89º36'51"W a distance of 145.05 feet; thence third course: S00º17'18"W a distance of 132.11 feet; thence fourth course:  S89º44'51"E a distance of 145.05 feet to the point of beginning; located in the NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 900 Nicole Street. 

Ordinances & Resolutions

69.             No. LF061604-03 First Reading, Ordinance No. 4073 Adopting with Amendments the Campaign Finance Disclosure Requirements of SDCL Chapter 12-25 by Amending Section 2.32.020 of the Rapid City Municipal Code. 

70.             No. LF061604-08 Second Reading, Ordinance No. 4072 Repealing Chapter 15.12 of the Rapid City Municipal Code in its Entirety and Adopting a New Chapter 15.12 of the Rapid City Municipal Code Entitled Building Codes Adopted 

Legal & Finance Committee Items

71.             Assignment of Civic Center ground lease 

Public Works Committee Items

72.             Issues of standing water; legality of enforcement within the current ordinance; ordinance amendment recommendations. 

73.             Request from the Pennington County Commission asking that the two-hour parking restriction on 4th Street between Saint Joseph and Kansas City Street be eliminated and restored to its original designation. 

74.             No. PW062904-06 Authorize Mayor and Finance Officer to sign Amendment No. 01 and Final to Professional Service Agreement with Lund Associates for reimbursable costs for the design and construction administration of Roosevelt Park Pool and Recreation Complex Project No. PR02-1208 for an amount not to exceed $1,883.40. 

CIP Committee Items

75.             No. CC070604-02 CIP Committee – Report on June 25, 2004 CIP Committee Meeting 

76.             No. CC070604-02 CIP Committee – Approve Changes to the 2004 Street & Drainage Line Item as Listed in the Spreadsheet Dated June, 2004 

77.             No. CC070604-02 CIP Committee – Approve the Five Year Plans for Government Buildings, Streets & Drainage, and Parks & Recreation 

Finance Officer’s Items 

Approval of Bills

78.             No. CC070604-03 Approval of July 6, 2004 Bill List 

Police Department Items 

Public Works Director’s Items 

City Attorney’s Items 

Development Appeals and Review Board

ADJOURN