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

April 5, 2004

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

Roll Call and Determination of Quorum  

Invocation  

Pledge of Allegiance  

Approval of Minutes – Approve the minutes of March 15, 2004  

Adoption of the Agenda  

Awards and Recognitions

1.         Citizen of the Month Award  

General Public Comment

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

2.         Monthly Update – Economic Development Foundation – Pat Burchill  

Bid Openings

3.         No. CC040504-01 – Fifth Street Extension Project ST00-914 & Catron Boulevard (Highway 16B Fifth Street Intersection Project ST01-1095 (Opened on March 31, 2004 )

4.         No. CC040504-01 - Schamber Addition (Cleghorn Water Assoc.) Water Main Extension Project No. W03-1286 (Opened on March 31, 2004 )

5.         No. CC040504-01 – Park Drive PCC Paving Replacement Project ST03-1245 (Opened on April 1, 2004 )

6.         No. CC040504-01 – Sheridan Lake Road Panel Replacement Project STCM03-1294 (Opened on April 1, 2004 )

7.         No. CC040504-01 – Whitehead Ballfields Improvements Restroom & Picnic Shelter Project PR04-1332 (Opened on April 1, 2004 )

8.         No. CC040504-01 – Well No. 11 Pump Replacement Project W04-1387 (Opened on April 1, 2004 )

9.         No. CC040504-01 – One New 2004 Model or Newer Conventional Cab and Chassis (2½ Ton Dump Truck) for the Parks Division (Opened on April 1, 2004 )

10.       No. CC040504-01 – One New Current Model Year Turf Sweeper for the Parks Division (Opened on April 1, 2004 )  

Items from the Mayor

11.       2012 Report  

12.       Committee Appointments  

Items from Council Members/Liaison Reports  

Motions for Delivery of Item From Committee  

Continued Items Consent Calendar – Items 13-41  

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 April 19, 2004:

13.       No. 02PL093 - A request by Davis Engineering for a Final Plat on Lot 1 Block 1, Lots 1 thru 6, Block 2, Lots 1 thru 8, Block 3, Lots 1 thru 7, and Lots 10 thru 15, Block 4, Lots 1 thru 3 and Lots 11 thru 16, Block 5 of Murphy Ranch Estates, all located in NE1/4 NW1/4 of Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4 less Murphy's Subdivision and Right of Way, Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Longview Drive to the east of East 53rd Street and Reservoir Road.  

14.       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.  

15.       No. 03PL035 - A request by Renner & Sperlich Engineering Company for Dean Kelly for a 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.

16.       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.  

17.       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.  

18.       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.  

19.       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.  

20.       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.  

21.       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.  

22.       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.  

23.       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.  

24.       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.  

25.       No. 03PL104 - A request by Dream Design International, Inc. for a 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.  

26.       No. 03PL117 - A request by Dream Design International, Inc. for a Final Plat on Lots 1 and 2, Block 12; Lots 1 thru 7, Block 15; Lots 1 thru 10, Block 17; Lots 1 thru 17, Block 18; Outlots G-1, G-2, G-3 and X and dedicated streets, Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along the extension of Prestwick Road and Bethpage Drive.  

27.       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 U.S. Highway 16 and Moon Meadows Road.  

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

29.       No. 04PL003 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Layout and Preliminary Plat on Lots 1, 2 and 3 of Block 22, Trailwood Village located in the E1/2 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village located in the E1/2 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located along Williams Street.  

30.       No. 04PL005 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Preliminary Plat on Lot B of Block 16, Trailwood Village, located in the SE1/4 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as formerly a portion of Tract T of Trailwood Village located in the SE1/4 of SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located northeast of the intersection of E. Highway 44 and Covington Street.  

31.       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.  

32.       No. 04PL020 - A request by Dream Design International, Inc. for a Preliminary Plat on Tract 1 and Tract 2 located in the N1/2 NW1/4 SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, legally described as N1/2 NW1/4 SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, located along North Elk Vale Road.  

33.       No. 04PL022 - A request by Gordon Howie for Galen Steen for a Preliminary Plat on Lots 1 and 2, Steen Subdivision, located in the E1/2, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the west 66 feet of NW1/4 NE1/4, the SW1/4 NE1/4 and a portion of the NW1/4 SE1/4 of Section 25, located in the E1/2, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Anderson Road and South Side Drive.  

34.       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 PRD, and a portion of the unplatted portion of the NW1/4 SW1/4 of Section 15, T1N, R7E, BHM of Fairway Hills PRD 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.  

35.       No. 04PL024 - A request by Sperlich Consulting Inc. for Gordon Howie for a Layout and Preliminary Plat on Lot 10 and Lots 19 thru 23 of Block 8, Lots 2 thru 7 of Block 20, Lots 13 thru 19 of Block 21, Lots 1 thru 9 of Block 23, Lots 1 thru 8 of Block 24, Lots 1 thru 3 of Block 25, and Drainage Lot, Trailwood Village, located in the E1/2 SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village located in the E1/2 SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located west of Plateau Lane along Williams Street, Leola Lane and Quad Court.  

36.       No. 04SV001 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, sewer, water, street light conduit and pavement along the eastern 115 feet of Homestead Street as per Chapter 16.16 of the Rapid City Municipal Code on the unplatted portion of the SW1/4 NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Homestead Street.  

37.       No. 04SV009 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit and sidewalk on one side of the street and to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 38 of Block 1, Lots 1 thru 39 of Block 2 and Lots 1 thru 18 of Block 3, Rainbow Ridge Subdivision, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, legally described as S1/2 NE1/4, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located west of the intersection of Bunker Drive.  

38.       No. 04SV010 - A request by Renner & Associates for Barry Peterson for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit and sewer as per Chapter 16.16 of the Rapid City Municipal Code 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.  

39.       No. 04SV012 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3, Collins Estates, located in the N1/2 N1/2 NE1/4 of Section 16, T1S, R7E, BHM, Pennington County, South Dakota, legally described as N1/2 N1/2 NE1/4 of Section 16, T1S, R7E, BHM, Pennington County, South Dakota, located along 237th Street.  

40.       No. 04SV014 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Tract 1 and Tract 2 located in the N1/2 NW1/4 SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, legally described as N1/2 NW1/4 SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, located along North Elk Vale Road.  

41.       No. 04SV016 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Dan O'Brien for a Variance to the Subdivision Regulations to waive the requirement to install street light conduit and to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on a tract of land located within the Southwest One Quarter (SW¼) of Section Fifteen (15) of Township One North (T1N,), Range Seven East (R7E), BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the northwest corner of Lot Six (6) of Block Nine (9) of Fairway Hills PRD, located in the Southwest One Quarter (SW¼) of Section Fifteen (15) of Township One North (T1N), Range Seven East (R7E), BHM, Rapid City, Pennington County, South Dakota, as shown on the plat recorded on August 22, 1997 and filed in Plat Book 28 of Plats on Page 41, said corner being marked with a rebar and cap marked “Davis Eng 3095”; thence, southwesterly along the westerly edge of said Lot Six, South 18 degrees 28 minutes 52 seconds West (more or less) a distance of 111.80 feet (more or less), to a corner of said Lot Six, said corner being marked with a rebar and cap marked “Davis Eng 3095”; thence, continuing southeasterly along the westerly edge of said Lot Six, South 19 degrees 43 minutes 55 seconds East (more or less) a distance of 106.84 feet (more or less), to the southerly corner of said Lot Six and the northwesterly corner of Lot Two (2) of Block Nine (9) of Fairway Hills PRD, as shown on the plat recorded on November 18, 1993 and recorded in Plat Book 25 on Page 181, said corner being marked with a rebar and cap marked “LS 2554”; thence, continuing southwesterly along the westerly edge of said Lot Two, South 10 degrees 57 minutes 41 seconds West (more or less) a distance of 143.39 feet (more or less) to a corner on the west line of said Lot Two, said corner being marked with a rebar and cap marked “LS 2554”; thence, continuing southeasterly along the westerly edge of said Lot Two, South 32 degrees 59 minutes 10 seconds East (more or less) a distance of 189.09 feet (more or less) to the southwest corner of said Lot Two, said corner being marked with a rebar and cap marked “LS 2554” and located along the northerly edge of Lot Six (6) of Block One (1) of Spring Brook Acres, as shown on the plat recorded on July 26, 1972 and recorded in Plat Book 12 on Page 59; thence, continuing westerly along the northerly edge of said Lot Six, South 89 degrees 44 minutes 54 seconds West (more or less) a distance of 248.12 feet (more or less) to the northwest corner of said Lot Six and the northeast corner of Lot Five (5) of Block One (1) of Spring Brook Acres, said corner being marked with a rebar; thence, continuing westerly along the northerly edge of said Lot Five, South 89 degrees 42 minutes 57 seconds West (more or less) a distance of 73.08 feet (more or less) to the northwest corner of said Lot Five and the northeast corner of Lot Four (4) of Block One (1) of Spring Brook Acres, said corner being marked with a rebar; thence, continuing westerly along the northerly edge of said Lot Four and along the northerly edge of Lot Three (3) of Block One (1) of Spring Brook Acres, South 89 degrees 42 minutes 57 seconds West (more or less) a distance of 217.92 feet (more or less) to the northwest corner of said Lot Three and the northeast corner of Lot A of Lot Two (2) of Block One (1) of Spring Brook Acres, as shown on the plat recorded on March 20, 1997 and filed in Plat Book 27 on Page 189, said corner being marked with a rebar; thence, continuing westerly along the northerly edge of said Lot A of Lot Two, South 89 degrees 43 minutes 51 seconds West (more or less) a distance of 263.57 feet (more or less) to a point along the easterly edge Sheridan Lake Road right-of-way and the southeasterly corner of Lot H1 of the unplatted portion of the Northwest One Quarter (NW¼) of the Southwest One Quarter (SW¼) of Section Fifteen (15) Township One North (T1N), Range Seven East (R7E) BHM, City of Rapid City, Pennington County, South Dakota as shown on the plat recorded on May 21, 1993 and recorded in Plat Book 8 of Highway Plats on Page 54; thence, curving to the left and continuing northeasterly along the easterly edge of said Lot H1 on a curve with a radius of 672.62 feet, a delta of 17 degrees 57 minutes 06 seconds, an arc length of 210.74 feet and a chord bearing of North 47 degrees 59 minutes 42 seconds East (more or less) and chord distance of 209.88 feet, more or less; thence, continuing along the easterly edge of said Lot H1, South 51 degrees 09 minutes 05 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 38 degrees 50 minutes 55 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 51 degrees 09 minutes 05 seconds West (more or less) a distance of 4.00 feet (more or less); thence, curving to the left and continuing along the easterly edge of said Lot H1, on a curve with a radius of 672.62 feet, a delta of 1 degree 38 minutes 38 seconds, an arc length of 19.30 feet and a chord bearing of North 37 degrees 51 minutes 23 seconds East (more or less) and a chord distance of 19.30 feet (more or less); thence, continuing along the same curve and along the easterly edge of said Lot H1, on a curve with a radius of 672.62 feet, a delta of 11 degrees 54 minutes 54 seconds, an arc length of 139.88 feet and a chord bearing of North 31 degrees 04 minutes 36 seconds East (more or less) and a chord distance of 139.63 feet (more or less); thence, continuing along the same curve and along the easterly edge of said Lot H1, on a curve with a radius of 672.62 feet, a delta of 6 degrees 58 minutes 05 seconds, an arc length of 81.80 feet and a chord bearing of North 21 degrees 38 minutes 06 seconds East (more or less) and a chord distance of 81.75 feet (more or less); thence, continuing along the easterly edge of said Lot H1, South 72 degrees 01 minute 10 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 17 degrees 58 minutes 50 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 72 degrees 01 minute 10 seconds West (more or less) a distance of 4.00 feet (more or less); thence, curving to the left and continuing along the easterly edge of said Lot H1 on a curve with a radius of 672.62 feet, a delta of 0 degrees 58 minutes 08 seconds, an arc length of 11.38 feet and a chord bearing of North 17 degrees 19 minutes 33 seconds East (more or less) and a chord distance of 11.38 feet (more or less); thence, continuing along the same curve and the easterly edge of said Lot H1 on a curve with a radius of 672.62 feet, a delta of 2 degrees 03 minutes 55 seconds, an arc length of 24.25 feet and a chord bearing of North 15 degrees 48 minutes 30 seconds East (more or less) and a chord distance of 24.25 feet (more or less), to a point of tangent; thence, northeasterly along the easterly edge of said Lot H1 North 14 degrees 46 minutes 33 seconds East (more or less) a distance of 186.27 feet (more or less); thence, continuing along the easterly edge of said Lot H1, South 75 degrees 13 minutes 27 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 14 degrees 46 minutes 33 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 75 degrees 13 minutes 27 seconds West (more or less) a distance of 4.00 feet (more or less); thence, continuing northeasterly along the easterly edge of said Lot H1, North 14 degrees 46 minutes 33 seconds East (more or less) a distance of 22.45 feet (more or less); thence, continuing along the easterly edge of said Lot H1 along a curve to the right, said curve having a radius of 5693.58 feet, a delta of 0 degrees 28 minutes 02 seconds, an arc length of 46.44 feet and a chord bearing of North 14 degrees 51 minutes 53 seconds East (more or less) and chord distance of 46.44 feet (more or less); thence, continuing along the same curve along the easterly edge of said Lot H1, said curve having a radius of 5693.58 feet, a delta of 1 degree 09 minutes 02 seconds, an arc length of 114.34 feet and a chord bearing of North 15 degrees 40 minutes 43 seconds East (more or less) and chord distance of 114.33 feet (more or less), to a point along the easterly edge of Lot H2 of Lot 3A of Fairway Hills PRD, as shown on the plat recorded on May 21, 1993 and filed in Plat Book 8 of Highway Plats on Page 56; thence, continuing along the same curve along the easterly edge of said Lot H2 of Lot 3A, said curve having a radius of 5693.58 feet, a delta of 0 degrees 40 minutes 07 seconds, an arc length of 66.45 feet and a chord bearing of North 16 degrees 35 minutes 18 seconds East (more or less) and a chord distance of 66.45 feet (more or less); thence, continuing along the easterly edge of said Lot H2 of Lot 3A, South 73 degrees 03 minutes 26 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H2 of Lot 3A, North 16 degrees 56 minutes 34 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H2 of Lot 3A, North 73 degrees 03 minutes 26 seconds West (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H2 of Lot 3A, along a curve to the right, said curve having a radius of 5693.58 feet, a delta of 0 degrees 39 minutes 34 seconds, an arc length of 65.56 feet and a chord bearing of North 17 degrees 17 minutes 34 seconds East (more or less) and a chord distance of 65.56 feet (more or less) to the northeasterly corner of said Lot H2 of Lot 3A, said point also being located on the southerly line of Lot 3B of Fairway Hills PRD, as shown on the plat recorded July 9, 1980 and filed in Plat Book 17 of Plats on Page 189, said point marked by a rebar with survey cap “RW FISK 6565”; thence, continuing northeasterly along the southerly line of said Lot 3B, North 87 degrees 25 minutes 20 seconds East (more or less) a distance of 256.09 feet (more or less) to the southeast corner of said Lot 3B, said corner being marked by a rebar with survey cap “1019”; thence, South 25 degrees 09 minutes 50 seconds East (more or less) a distance of 132.38 feet (more or less); thence, South 14 degrees 38 minutes 21 seconds West (more or less) a distance of 186.02 feet (more or less); thence, curving to the right on a curve with a radius of 230.00 feet, a delta of 16 degrees 30 minutes 34 seconds, an arc length of 66.27 feet, and a chord bearing of South 66 degrees 39 minutes 30 seconds East (more or less) and chord distance of 66.04 feet (more or less) to a point along the northerly edge of previously platted Fairway Hills Drive right-of-way; thence, South 18 degrees 35 minutes 19 seconds West (more or less) a distance of 62.17 feet (more or less) to the point of beginning; said tract of land contains 9.0 acres, more or less, located along Sheridan Lake Road, Heidiway Lane and Fairway Hills Drive.  

End of Continued Items Consent Calendar  

Special Orders  

Matters to be Reconsidered  

Alcoholic Beverage License Applications  

Hearings

42.       City of Rapid City dba Rapid City Public Library, 610 Quincy Street, for a Special Malt Beverage and Wine License to be used on April 17, 2004

43.       Rapid City Fine Arts Council, Inc. dba Dahl Art Center, 713 7th Street, for a Special Malt Beverage and Wine License to be used on April 21 & 22, 2004.

44.       Rapid City Fine Arts Council, Inc. dba Dahl Art Center, 713 7th Street, for a Special Malt Beverage and Wine License to be used on April 23, 2004.

45.       Rapid City Area Chamber of Commerce for a Special Malt Beverage & Wine License to be used at the Rushmore Mall, 2200 N. Maple Street , on May 11, 2004

46.       Thrifty Smoke Shop, Inc. dba Thrift Smoke Shop, 718 East St. Patrick Street , for an Off-Sale Liquor License (New License – No Video Lottery)

47.       Thrifty Smoke Shop, Inc. dba Thrift Smoke Shop, 3030 West Main Street , for an Off-Sale Liquor License (New License – No Video Lottery)  

Set for Hearing ( April 19, 2004 )

48.       Black Hills Heritage Festival, for a Special Malt Beverage License to be used July 1, 2004 through July 4, 2004 in Memorial Park

49.       Easter Seals South Dakota, for a Special Malt Beverage License to be used on April 30, 2004 at 804 St. Joseph Street (formerly Pistachio Pie)

50.       Rushmore German Club, for a Special Malt Beverage License to be used from August 20-28, 2004 at the Central States Fairgrounds, 800 San Francisco Street

51.       South Dakota Popcorn Company, Inc. dba Dakota’s Best, 445 Mt. Rushmore Road, for an Off-Sale Liquor License (New License – No Video Lottery)

Consent Calendar Items – 52-110  

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

Public Request for Removal of Items from Consent Calendar  

Request of Council Members to Remove items from the Consent Calendar  

Vote on Remaining Consent Items  

Public Comment on First Item Removed from Consent Calendar  

Council Discussion and Vote on Item  

Set for Hearing (None)

Public Works Committee Consent Items

52.       Request staff to investigate the possibility of extending Riley to East Franklin and bring a recommendation forward at the April 13, 2004 Public Works Committee meeting.

53.       No. PW033004-01 - Authorize staff to advertise for bids for One (1) New Current Model Year Jet Vac Truck for Street Division.

54.       No. PW033004-02  - Authorize staff to advertise for bids for One (1) New Current Model Year Tandem Dump Truck with Sander Body for Street Division.

55.       No. PW033004-03 - Authorize staff to advertise for bids for One (1) New Current Model Year Single Axle Dump Truck for Street Division.

56.       No. PW033004-04 - Authorize staff to advertise for bids for Two (2) New Current Model Year Sander Spreaders for Street Division.

57.       No. PW033004-05 - Authorize staff to advertise for bids for One (1) New Current Model Year Motor Grader for Street Division.

58.       No. PW033004-06 - Authorize staff to advertise for bids for One (1) New Current Model Year Greens Mower for Municipal Golf Courses.

59.       No. PW033004-07 - Authorize staff to advertise for bids for Gasoline and Diesel Fuel by Tank Wagon, City Departments.

60.       No. PW033004-08 - Authorize staff to advertise for bids for Milwaukee Street Mill and Inlay Project No. ST04-1378.

61.       No. PW033004-09 - Authorize staff to advertise for bids for Roadway Marking Contract Project No. PM04-1394.

62.       No. PW033004-10 - Authorize Mayor and Finance Officer to sign American Engineering Testing, Inc. 2004 Contract Renewal for Sampling, Analysis and Reporting for Environmental Monitoring at Rapid City Landfill for an amount not to exceed $51,959.05.

63.       No. PW033004-12 - Authorize staff to proceed with Request for Proposals for Creek Drive Bridge Replacement Project No. ST04-1241.

64.       No. PW033004-13 - Authorize staff to proceed with Request for Proposals for US 16B, Minnesota to St. Patrick, Sewer/Water Relocation Project No. SSW04-1393.

65.       No. PW033004-14 - Acknowledge the Public Works Consultant Pre-Selection Committee Report.

66.       Approve the Rapid City Fugitive Dust Control Compliance Plan and Schedule.

67.       Request staff to remove the stop signs and orange flags on Quincy , Kansas City, and Franklin streets on West Boulevard ; and replace with yield signs.

68.       No. PW033004-15 - Approve the Rapid City Mosquito Control and West Nile Prevention Plan; fund the program in its entirety from Council Contingency; and when grant funds are available the funds remain in the program or repay Council Contingency; and authorize the Mayor and Finance Officer to sign 2004 Department of Health Grant Application.

69.       No. PW033004-16 - Approve the purchase of One (1) New Current Model Year Front End Loader Milling Attachment from Asphalt Zipper, Inc., sole source in the amount of $55,950.

70.       No. 04CA010 - Approve the Amendment to the Comprehensive Plan to adopt the City of Rapid City Bikeway/Walkway Plan .

71.       No. 04VE002 - Approve a Vacation of Utility and Drainage Easement for petitioner United Building Center for Shirley Richter on Lot 2 of City Springs Subdivision, Section 32, T2N, R7E, BHM, Rapid City , Pennington County , South Dakota , located at 631 City Springs Court .

72.       No. 04TP004 - Approve the 2004-2008 Rapid City Area Transportation Improvement Program Amendment #04-001.

73.       Request staff to apply the 1994 Edition of the General Specifications for Public Works Construction; encourage compliance with 2002 Edition of the General Specifications; and offer to pay the difference in costs to oversize City infrastructure.

74.       No. PW033004-17 - Concur in the bid award of the Southeast Connector Watermain and Sanitary Sewer Project No. SSW02-1137 PCEMS X110 to Heavy Constructors, Inc., the lowest responsible bidder meeting specification, for the low unit prices bid for a total contract amount of $1,156,191.60.  

Legal & Finance Committee Consent Items

75.       Request staff to look into the options available on the house located at 1122 Quincy Street and bring those options back to the April 14, 2004 , Legal and Finance Committee meeting.

76.       No. LF033104-03 – Acknowledge the CIP Committee monthly update.

77.       No. 04TP003 – Authorize Mayor and Finance Officer to sign Financial and Road Transfer Agreement between the City of Rapid City and the State of South Dakota.

78.       No. LF033104-05 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding Regarding Increasing Educational Loan Amounts.

79.       No. LF033104-06 – Authorize staff to purchase a Chevrolet Suburban from Beck Motors (State Contract #14070) in the amount of $29,116 and a Dodge Durango from Wegner Auto (State Contract #14076) in the amount of $24,941.

80.       Authorize staff to advertise for bids for one new one-ton four wheel drive crew cab pickup (funding to come from WMD Grant).

81.       No. LF033104-07 – Approve request from Fall River County Commission to donate surplus dive rescue truck.

82.       Declare the 1977 Ford E350 Dive Rescue vehicle surplus (VIN E37AHY28815).

83.       No. LF033104-08 – Approve Travel Request for Ken Simmons and two additional staff members to attend 76th Annual AAAE Conference & Exposition in Las Vegas, NV, from June 21-24, 2004, in the approximate amount of $6,001.96.

84.       No. LF033104-04 – Approve Travel Request for Craig Chilson and Nick Lindsley to attend Aircraft Rescue & Firefighting Leadership Seminar in Helena, Montana, from April 13-16, 2004, in an approximate amount of $2,164.

85.       No. LF033104-09 – Approve proposed amendment to Pennington County-Rapid City GIS Information Policy regarding sharing of data with utility companies.

86.       LF033104-11 – Approve Resolution Declaring Property Surplus.

87.       Approve the request for Federal Emergency Management funds ($50,000) to install a keyless entry system in the CSAC Building.

88.       No. LF033104-14 – Authorize staff to transfer $900 from 2003 Mini Grant Fund GREAT Program to 2004 Contract for Services Fund to pay for speaker for S.A.V.E. Youth Conference March 2-4, 2004 (Weed & Seed).

89.       No. LF033104-15 – Authorize Mayor and Finance Officer to sign Agreement for Construction of Sanitary Sewer between the City of Rapid City and J.F. England’s Sons, Inc.

90.       No. LF033104-16 – Authorize Mayor and Finance Officer to sign Memorandum of Understanding between the City of Rapid City, Colin Treeby, and John Rock.

91.       No. LF033104-17R – Approve Resolution Establishing Pool Rates with a 5% increase in the rates in 2005.

92.       No. LF033104-18 – Authorize Mayor and Finance Officer to sign Contract with Rapid City Softball Association.

93.       No. LF033104-19 – Authorize Mayor and Finance Officer to sign Golf Course Food and Beverage Concession Agreement.

94.       No. LF033104-20 – Approve Request for Proposals for Vending at Roosevelt Swim Center .

95.       No. LF033104-21 – Authorize Mayor and Finance Officer to sign Agreement with Rapid City Racers Swim Club, Inc.

97.       No. LF033104-23 – Approve the following abatement: Dorothy Dippert, 2003, $1,153.26.

98.       No. CC040504-04 – Approve the attached list of licenses.  

Planning Department Consent Items

99.       No. 04AN001 - A request by Dream Design International, Inc. for a Petition for Annexation in the SW1/4 NE1/4 and SE1/4 NE1/4 less that 33 foot strip of land located in the SE1/4 NE1/4 lying within the Rapid City Corporate Boundary, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located west of Bunker Drive.  

100.    No. 04AN002 - A request by Dream Design International, Inc. for a Petition for Annexation in the W1/2 SW1/4 and SE1/4 SW1/4 all located in Section 22, T2N, R8E, BHM, Pennington County, South Dakota; E1/2 SE1/4 SE1/4 of Section 21, T2N, R8E, BHM, Pennington County, South Dakota; and the 66 foot section line right-of-way lying between the he SE1/4 of Section 21 and the SW1/4 of Section 22, all located in T2N, R8E, BHM, Pennington County, South Dakota, located along North Elk Vale Road.  

101.    No. 04PL011 - A request by Renner & Associates for Chuck Lien for a Preliminary Plat on Tract A, Creek Drive Industrial Park located in NE1/4 of SW1/4, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4  SW1/4, Section 8, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Creek Drive.  

102.    No. 04PL012 - A request by Gregory and Bonnie Josten for a Layout Plat on Lots 34 and 35 of Pinewood Estates, E1/2, NE1/4, Section 32, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3343 and 3341 Pinewood Drive.  

103.    No. 04PL013 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 15BR and 23RA of Enchanted Hills Subdivision No. 4 located in the S1/2 NW1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1R, Block 1 of Eastridge Estates Subdivision located in the NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County South Dakota, legally described as Lots 15B and 23R of Enchanted Hills Subdivision No.4 located in the S1/2 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota and Lot 1, Block 1 of Eastridge Estates Subdivision located in the NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of U.S. Highway 16B and north of Catron Boulevard.  

104.    No. 04PL014 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 38 of Block 1, Lots 1 thru 39 of Block 2 and Lots 1 thru 18 of Block 3, Rainbow Ridge Subdivision, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, legally described as S1/2 NE1/4, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located west of the intersection of Bunker Drive.  

105.    No. 04PL015 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Layout Plat on property described by metes and bounds as beginning at the SW corner of the NW 1/4 of the SE 1/4 of Section 11, T1N, R7E, BHM, travel 197.45 feet at a bearing N0º7'16" East, then travel 290.63 feet at a bearing N47º29'05" East, then travel 65.43 feet at a bearing N63º38'15" East, then travel 105.52 feet at a bearing N29º24'44" West, then travel along a 220.48 foot radius LHF curve with a chord bearing N89º50'26" West at a distance of 220.36 feet to the 1/4 Section Line, then travel 55.67 feet at a bearing N0º7'16" East, then travel along a 126.00 foot radius LHF curve with a chord bearing S67º01'56" East, at a distance of 30.39 feet then travel along a 168.48 foot radius RHF curve with a chord bearing N85º33'23" East, at a distance of 190.08 feet, then travel along a 526 foot radius LHF curve with a chord bearing N52º01'54" East, as a distance of 14.93 feet then travel 102.77 feet at a bearing N37º9'18" West, then travel 83.66 feet at a bearing N9º21'07" West, then travel 110.01 feet at a bearing N35º36'28" East, then travel 100.98 feet at a bearing N69º46'53" East, then travel 122.49 feet at a bearing N87º48'19" East, then travel 74.12 feet at a bearing S52º32'1" East, then travel 151.24 feet at a bearing of S73º30'07" East, then travel 68.30 feet at a bearing S30º03'20” East, then travel 91.45 feet at a bearing S59º2'19” East, then travel 87.72 feet at a bearing S53º5'12" East, then travel 126.15 feet at a bearing S19º3'52" East, then travel 213.10 feet at a bearing S0º4'24" East, then travel 437.22 feet at a bearing S45º54'33" West, then travel 550.10 feet at a bearing N89º18'10" West to the point of beginning, said area contains approximately 12.43 acres, located east of Pevans Parkway.  

106.    No. 04PL017 - A request by Renner & Associates for Summit Inc. for a Layout Plat on Tract A and Tract B Summit Industrial Park and the balance of Lot X of Lot H2 located in NW1/4 SW1/4 Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1R Revised and 2R Revised of Summit Industrial Park and the balance of Lot X of Lot H2 located in NW1/4 SW1/4 Section 22, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Deadwood Avenue.  

107.    No. 04PL018 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 3, Collins Estates, located in the N1/2 N1/2 NE1/4 of Section 16, T1S, R7E, BHM, Pennington County, South Dakota, legally described as N1/2 N1/2 NE1/4 of Section 16, T1S, R7E, BHM, Pennington County, South Dakota, located along 237th Street.  

108.    No. 04PL019 - A request by Ferber Engineering Co. for Calvary Lutheran Church for a Layout and Preliminary Plat on Lots 1 and 2 of Calvary Lutheran Church Subdivision and dedicated public right-of-way for Sunshine Trail and Sheridan Lake Road located in the SE1/4 NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1, 2, and 3 of the SE1/4 NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard along Sheridan Lake Road.  

Raffle

109.    No. CC040504-02 – Notification of Raffle submitted by Youth & Family Services, Head Start Program, said raffle to be held on May 17, 2004.

110.    No. CC040504-03 – Notification of Raffle submitted by Rapid City Girl’s Junior Olympic Amateur Softball Association, said raffle to be held in May 1, 2004.  

END OF CONSENT CALENDAR  

Planning Department Items

111.    No. 04CA002 - A request by Stanley & Durr LLC dba Fjords Ice Cream Factory for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.932 acre parcel of land from Residential to Neighborhood Commercial on Lots 1 and 2, Mediterranean Subdivision, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1805 and 1815 38th Street.  

112.    No. 04CA004 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 40.12 acre parcel from Park Forest to Low Density Residential with a Planned Residential Development in the SE1/4 NE1/4 of Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located west of Bunker Drive.  

113.    No. 04CA005 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 2.295 acre parcel from General Agriculture to General Commercial with a Planned Commercial Development on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E, 50.00 feet to the true point of beginning; thence N00º02'25"E, 499.64 feet; thence S89º57'35"E, 200.00 feet; thence S00º02'25"W, 500.20 feet; thence N89º47'57"W, 200.00 feet to the true point of beginning containing 2.295 acres more or less, located along North Elk Vale Road.  

114.    No. 04CA006 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 10.390 acre parcel from General Agriculture to Light Industrial with a Planned Light Industrial Development on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E, 50.00 feet; thence N00º02'25"E, 1866.33 feet to the true point of beginning; thence N00º02'25"E, 241.99 feet; thence S88º49'19"E, 1275.54 feet; thence S00º01'44"W, 762.36 feet; thence N89º48'10"W, 44.10 feet; thence N39º12'45"W, 503.01 feet; thence N63º34'43"W, 352.18 feet; thence N90º00'00"W, 597.56 feet to the true point of beginning containing 10.390 acres more or less, located along North Elk Vale Road.  

115.    No. 04CA007 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 24.696 acre parcel from General Agriculture to Public on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E along the south line of said SW1/4, 1611.63 feet to the true point of beginning; thence departing said south line N00º12'03"E, 256.06 feet; thence N90º00'00"E, 650.55 feet; thence N00º00'00"E, 612.50 feet; thence N90º00'00”W, 425.33 feet; thence N00º00'00"E, 356.31 feet; thence N89º56'14"W, 603.08 feet; thence N39º12'45"W, 528.68 feet; thence N63º34'43"W, 307.11 feet; thence N90º00'00"W, 574.15 feet; thence N00º02'25"E, 100.00 feet; thence N90º00'00”E, 597.56 feet; thence S63º34'43"E, 352.18 feet; thence S39º12'45"E, 503.01 feet; thence S89º48'10"E, 1369.54 feet to a point lying on the east line of said SW1/4; thence S00º01'04"W along said east line, 1324.29 feet to the southeast corner of said SW1/4; thence N89º47'57"W along the south line of said SW1/4, 1039.77 feet to the true point of beginning containing 24.696 acres more or less, located along North Elk Vale Road.  

116.    No. 04CA008 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 16.127 acre parcel from General Agriculture to Public on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E, 50.00 feet; thence N00º02'25"E. 2108.32 feet to the true point of beginning; thence N00º02'25"E, 539.93 feet to a point lying on the north line of said SW1/4; thence N89º48'23"E, along said north line, 1275.18 feet; thence departing said north line S00º01'44"W, 561.85 feet; thence N88º49'19"W, 1275.54 feet; to the point of beginning containing 16.127 acres more or less, located along North Elk Vale Road.  

117.    No. 04CA009 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 64.333 acre parcel from General Agriculture to Mobile Home Residential with a Planned Residential Development on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E, 50.00 feet; thence N00º02'25"E, 499.64 feet to the true point of beginning; thence N00º02'25"E, 1266.69 feet; thence N90º00'00"E, 574.15 feet; thence S63º34'43"E, 307.11 feet; thence S39º12'45"E, 528.68 feet; thence S89º56'14"E, 603.08 feet; thence S00º00'00"W, 356.31 feet; thence N90º00'00"E, 425.33 feet; thence S00º00'00"W, 612.50 feet; thence S90º00'00"W, 650.55 feet; thence S00º12'03"W, 256.06 feet; thence N89º47'57"W, 285.93 feet; thence N89º47'57"W, 1075.70 feet; thence N00º02'25"E, 500.20 feet; thence N89º57'35"W, 200.00 feet to the point of beginning containing 64.333 acres more or less, located along North Elk Vale Road.  

118.    No. 04CA010 - A request by the City of Rapid City for an Amendment to the Comprehensive Plan to Adopt the City of Rapid City Bikeway/Walkway Plan.  

119.     Authorization of Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements in the SW1/4 NE1/4; the west 66 feet of the NW1/4 NE1/4, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and a portion of the E1/2 of Section 25, located in the E1/2 Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at the center 1/4 corner of Section 25, a distance of 407.00 feet; thence, second course, southeasterly, on a curve curving to the right, with a radius of 2467.00 feet, a delta angle of 32º20'53", a length of 1392.82 feet, a chord bearing of N73º49'33"W, and a chord distance of 1374.04 feet, to a point on the east 16th line of Section 25; thence, third course: S00º00'00"W, along the east 1/16th line of Section 25, a distance of 24.15 feet, to the east 1/16th corner of Section 25; thence, fourth course: N90º00'00"W, along the 1/4 line of Section 25, a distance of 924.00 feet; thence, fifth course: S00º00'00"W, a distance of 624.43 feet; thence, sixth course, N90º00'00"W, a distance of 396.00 feet, to a point on the 1/4 line of Section 25; thence, seventh 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 14.3 acres more or less. (03SV039)  

120.    No. 03SV039 - A request by Gordon Howie for Galen Steen for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sewer, water, street light conduit, sidewalk and pavement as per Chapter 16.16 of the Rapid City Municipal Code in the SW1/4 NE1/4; the west 66 feet of the NW1/4 NE1/4, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and a portion of the E1/2 of Section 25, located in the E1/2 Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at the center 1/4 corner of Section 25, a distance of 407.00 feet; thence, second course, southeasterly, on a curve curving to the right, with a radius of 2467.00 feet, a delta angle of 32º20'53", a length of 1392.82 feet, a chord bearing of N73º49'33"W, and a chord distance of 1374.04 feet, to a point on the east 16th line of Section 25; thence, third course: S00º00'00"W, along the east 1/16th line of Section 25, a distance of 24.15 feet, to the east 1/16th corner of Section 25; thence, fourth course: N90º00'00"W, along the 1/4 line of Section 25, a distance of 924.00 feet; thence, fifth course: S00º00'00"W, a distance of 624.43 feet; thence, sixth course, N90º00'00"W, a distance of 396.00 feet, to a point on the 1/4 line of Section 25; thence, seventh 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 14.3 acres more or less.  

121.    No. 04SV008 - A request by Gregory and Bonnie Josten for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 34 and 35 of Pinewood Estates, E1/2, NE1/4, Section 32, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3343 and 3341 Pinewood Drive.  

122.    No. 04SV011 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 15BR and 23RA of Enchanted Hills Subdivision No. 4 located in the S1/2 NW1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1R, Block 1 of Eastridge Estates Subdivision located in the NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County South Dakota, legally described as Lots 15B and 23R of Enchanted Hills Subdivision No.4 located in the S1/2 NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota and Lot 1, Block 1 of Eastridge Estates Subdivision located in the NW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the extension of Enchantment Road.  

123.    Authorization of Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements on Lots 1, 2, and 3 of the SE1/4 NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard along Sheridan Lake Road. (04SV013)  

124.    No. 04SV013 - A request by Ferber Engineering Co. for Calvary Lutheran Church for a Variance to the Subdivision Regulations to waive the requirement to construct sidewalks on both sides of the street and to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Calvary Lutheran Church Subdivision and dedicated public right-of-way for Sunshine Trail and Sheridan Lake Road located in the SE1/4 NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1, 2, and 3 of the SE1/4 NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Catron Boulevard along Sheridan Lake Road.  

125.    No. 04SV015 - A request by Wasteline Inc. for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lot 4 of Block 1, Menard Subdivision, located in the SE1/4 NW1/4 and the  NE1/4 SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located 1705 East Anamosa Street.  

126.    Authorization of Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements on a portion of Tract T of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southwesterly corner of Lot A of Block 16 of Trailwood Village, common to a point on the easterly edge of the right-of-way of Covington Street, and the Point of Beginning; Thence, first course: S67º24'19"E, along the southerly boundary of said Lot A of Block 16, a distance of 324.26 feet, to the southeasterly corner of said Lot A of Block 16; Thence, second course:  N46º30'40"E, along the easterly boundary of said Lot A of Block 16, a distance of 154.00 feet, to the northeasterly corner of said Lot A of Block 16, common to a point on the southerly edge of the right-of-way of Teak Drive; Thence, third course: southeasterly, along the southerly edge of the right-of-way of said Teak Drive, curving to the left on a curve with a radius of 307.84 feet, a delta angle of 20º28'24", an arc length of 110.00 feet, a chord bearing of S53º43'32"E, and a chord distance of 109.42 feet, to a point of tangency; Thence, fourth course: S63º57'44"E, along the southerly edge of the right-of-way of said Teak Drive, a distance of 39.55 feet, to the northwesterly corner of Lot 5 of Block 3 of Ridgeview Place Subdivision; Thence, fifth course: S38º38'57"W, along the westerly boundary of said Lot 5 of Block 3 of Ridgeview Place Subdivision, a distance of 86.16 feet, to the southwesterly corner of said Lot 5 of Block 3, common to the northwesterly corner of Lot B of Block 2 of Ridgeview Place Subdivision; Thence, sixth course:  S38º38'57"W, along the westerly boundary of said Lot B of Block 2 of Ridgeview Place Subdivision, a distance of 332.48 feet, to the southwesterly corner of said Lot B of Block 2, common to the northwesterly corner of Lot A of Block 2 of Ridgeview Place Subdivision; Thence, seventh course: S38º53'52"W, along the westerly boundary of said Lot A of Block 2 of Ridgeview Place Subdivision, a distance of 162.79 feet, to the southwesterly corner of said Lot A of Block 2 of Ridgeview Place Subdivision, common to a point on the northerly edge of the right-of-way of SD State Highway 44; Thence, eighth course: N51º11'35"W, along the northerly edge of the right-of-way of said SD State Highway 44, a distance of 461.12 feet, to the northeasterly corner of the intersection of said SD State Highway 44, and said Covington Street; Thence, ninth course: N40º25'09"E, along the easterly edge of the right-of-way of said Covington Street, a distance of 140.36 feet, to a point of curve; Thence, tenth course: northerly, along the easterly edge of said Covington Street, curving to the left on a curve with a radius of 600.00 feet, a delta angle of 17º49'29", an arc length of 186.66 feet, a chord bearing of N31º30'25"E, and chord distance of 185.91 feet, to the southwesterly corner of said Lot A of Block 16 of Trailwood Village, common to a point on the easterly edge of the right-of-way of said Covington Street, and the Point of Beginning; said parcel contains 4.680 acres more or less, located west of Plateau Lane along Williams Street, Leola Lane and Quad Court.  (04SV017)  

127.    No. 04SV017 - A request by Sperlich Consulting Inc. for Gordon Howie for a Variance to the Subdivision Regulations to waive the requirement to install water, curb, gutter and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on a portion of Tract T of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southwesterly corner of Lot A of Block 16 of Trailwood Village, common to a point on the easterly edge of the right-of-way of Covington Street, and the Point of Beginning; Thence, first course: S67º24'19"E, along the southerly boundary of said Lot A of Block 16, a distance of 324.26 feet, to the southeasterly corner of said Lot A of Block 16; Thence, second course: N46º30'40"E, along the easterly boundary of said Lot A of Block 16, a distance of 154.00 feet, to the northeasterly corner of said Lot A of Block 16, common to a point on the southerly edge of the right-of-way of Teak Drive; Thence, third course: southeasterly, along the southerly edge of the right-of-way of said Teak Drive, curving to the left on a curve with a radius of 307.84 feet, a delta angle of 20º28'24", an arc length of 110.00 feet, a chord bearing of S53º43'32"E, and a chord distance of 109.42 feet, to a point of tangency; Thence, fourth course: S63º57'44"E, along the southerly edge of the right-of-way of said Teak Drive, a distance of 39.55 feet, to the northwesterly corner of Lot 5 of Block 3 of Ridgeview Place Subdivision; Thence, fifth course:  S38º38'57"W, along the westerly boundary of said Lot 5 of Block 3 of Ridgeview Place Subdivision, a distance of 86.16 feet, to the southwesterly corner of said Lot 5 of Block 3, common to the northwesterly corner of Lot B of Block 2 of Ridgeview Place Subdivision; Thence, sixth course: S38º38'57"W, along the westerly boundary of said Lot B of Block 2 of Ridgeview Place Subdivision, a distance of 332.48 feet, to the southwesterly corner of said Lot B of Block 2, common to the northwesterly corner of Lot A of Block 2 of Ridgeview Place Subdivision; Thence, seventh course: S38º53'52"W, along the westerly boundary of said Lot A of Block 2 of Ridgeview Place Subdivision, a distance of 162.79 feet, to the southwesterly corner of said Lot A of Block 2 of Ridgeview Place Subdivision, common to a point on the northerly edge of the right-of-way of SD State Highway 44; Thence, eighth course: N51º11'35"W, along the northerly edge of the right-of-way of said SD State Highway 44, a distance of 461.12 feet, to the northeasterly corner of the intersection of said SD State Highway 44, and said Covington Street; Thence, ninth course: N40º25'09"E, along the easterly edge of the right-of-way of said Covington Street, a distance of 140.36 feet, to a point of curve; Thence, tenth course: northerly, along the easterly edge of said Covington Street, curving to the left on a curve with a radius of 600.00 feet, a delta angle of 17º49'29", an arc length of 186.66 feet, a chord bearing of N31º30'25"E, and chord distance of 185.91 feet, to the southwesterly corner of said Lot A of Block 16 of Trailwood Village, common to a point on the easterly edge of the right-of-way of said Covington Street, and the Point of Beginning; said parcel contains 4.680 acres more or less, located west of Plateau Lane along Williams Street, Leola Lane and Quad Court.  

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

Ordinances & Resolutions

129.    No. LF100103-24R1 – 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.  

130.    No. LF031004-05 – Second Reading, Ordinance 4018, Supplemental No. 2 for 2004  

131.    No. LF021104-09R – Second Reading, Ordinance 4021 entitled An Ordinance Repealing Chapter 1.08 of the Rapid City Municipal Code Relating to Wards and Precincts and Adopting a New Revised Chapter 1.08 of the Rapid City Municipal Code (Amended by Legal & Finance Committee on March 31 to include the additions to Ward 4, Precinct 3 and Ward 1 Precinct 4 as recommended by staff, and place the Hidden Valley annexation area within Ward 5, Precinct 3 and designate the closest polling place.)  

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

133.    No. LF033104-22 – First Reading, Ordinance 4030 entitled An Ordinance Modifying the Regulation of Signs within the City of Rapid City by Amending Section 15.28.080 of the Rapid City Municipal Code. 

134.    No. LF031004-08 – Second Reading, Ordinance 4031, entitled An Ordinance Amending the Period of Time Junked or Abandoned Vehicles May Remain on Private Property by Amending Section 10.56.050 of Chapter 10.56 of the Rapid City Municipal Code.  

135.    No. LF031004-09 – Second Reading, Ordinance 4032, entitled An Ordinance Amending the Notification Requirements to Owner of Junked or Abandoned Vehicles by Amending Section 10.56.060 of Chapter 10.56 of the Rapid City Municipal Code.  

136.    No. LF031004-10 – Second Reading, Ordinance 4033, entitled An Ordinance Amending the Notification Requirements to Owner for Removal by the City of Junked or Abandoned Vehicles by Amending Section 10.56.080 of Chapter 10.56 of the Rapid City Municipal Code.  

137.    No. 04RZ003 - Second Reading, Ordinance 4034, a request by Kennedy Design Group for the Fraternal Order of Eagles for a Rezoning from Light Industrial District to General Commercial District on Lot 10 of Cambell Square Addition, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1410 Centre Street.  

138.    No. 04RZ004 - Second Reading, Ordinance 4035, a request by Dream Design International, Inc. to consider an application for a Rezoning from No Use District to Low Density Residential District in the SE1/4 NE1/4 of Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located west of Bunker Drive.  

139.    No. 04RZ005 - Second Reading, Ordinance 4036, a request by Dream Design International, Inc. to consider an application for a Rezoning from No Use District to Park Forest District in the SW1/4 NE1/4 of Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located west of Bunker Drive.  

140.    No. 04RZ006 - Second Reading, Ordinance 4037, a request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Rezoning from Low Density Residential I District to Low Density Residential II District on property described by metes and bounds as beginning at the SW corner of the NW 1/4 of the SE 1/4 of Section 11, T1N, R7E, BHM, travel 197.45 feet at a bearing N0º7'16" East, then travel 290.63 feet at a bearing N47º29'05" East, then travel 65.43 feet at a bearing N63º38'15" East, then travel 105.52 feet at a bearing N29º24'44" West, then travel along a 220.48 foot radius LHF curve with a chord bearing N89º50'26" West at a distance of 220.36 feet to the 1/4 Section Line, then travel 55.67 feet at a bearing N0º7'16" East, then travel along a 126.00 foot radius LHF curve with a chord bearing S67º01'56" East, at a distance of 30.39 feet then travel along a 168.48 foot radius RHF curve with a chord bearing N85º33'23" East, at a distance of 190.08 feet, then travel along a 526 foot radius LHF curve with a chord bearing N52º01'54" East, as a distance of 14.93 feet then travel 102.77 feet at a bearing N37º9'18" West, then travel 83.66 feet at a bearing N9º21'07" West, then travel 110.01 feet at a bearing N35º36'28" East, then travel 100.98 feet at a bearing N69º46'53" East, then travel 122.49 feet at a bearing N87º48'19" East, then travel 74.12 feet at a bearing S52º32'1" East, then travel 151.24 feet at a bearing of S73º30'07" East, then travel 68.30 feet at a bearing S30º03'20” East, then travel 91.45 feet at a bearing S59º2'19” East, then travel 87.72 feet at a bearing S53º5'12" East, then travel 126.15 feet at a bearing S19º3'52" East, then travel 213.10 feet at a bearing S0º4'24" East, then travel 437.22 feet at a bearing S45º54'33" West, then travel 550.10 feet at a bearing N89º18'10" West to the point of beginning, said area contains approximately 12.43 acres, located east of Pevans Parkway.  

141.    No. 04RZ007 - Second Reading, Ordinance 4038, a request by the City of Rapid City for a Rezoning from No Use District to General Commercial District on the south 200 feet of Lot 1 of Neff's Subdivision #3, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Elk Vale Road.  

142.    No. 04RZ008 - Second Reading, Ordinance 4039, a request by Dream Design International, Inc. for a Rezoning from No Use District to General Commercial District on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E, 50.00 feet to the true point of beginning; thence N00º02'25"E, 499.64 feet; thence S89º57'35"E, 200.00 feet; thence S00º02'25"W, 500.20 feet; thence N89º47'57"W, 200.00 feet to the true point of beginning containing 2.295 acres more or less, located along North Elk Vale Road.  

143.    No. 04RZ009 - Second Reading, Ordinance 4040, a request by Dream Design International, Inc for a Rezoning from No Use District to Light Industrial District on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E, 50.00 feet; thence N00º02'25"E, 1866.33 feet to the true point of beginning; thence N00º02'25"E, 241.99 feet; thence S88º49'19"E, 1275.54 feet; thence S00º01'44"W, 762.36 feet; thence N89º48'10"W, 44.10 feet; thence N39º12'45"W, 503.01 feet; thence N63º34'43"W, 352.18 feet; thence N90º00'00"W, 597.56 feet to the true point of beginning containing 10.390 acres more or less, located along North Elk Vale Road.  

144.    No. 04RZ010 - Second Reading, Ordinance 4041, a request by Dream Design International, Inc. for a Rezoning from No Use District to Public District on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E along the south line of said SW1/4, 1611.63 feet to the true point of beginning; thence departing said south line N00º12'03"E, 256.06 feet; thence N90º00'00"E, 650.55 feet; thence N00º00'00"E, 612.50 feet; thence N90º00'00”W, 425.33 feet; thence N00º00'00"E, 356.31 feet; thence N89º56'14"W, 603.08 feet; thence N39º12'45"W, 528.68 feet; thence N63º34'43"W, 307.11 feet; thence N90º00'00"W, 574.15 feet; thence N00º02'25"E, 100.00 feet; thence N90º00'00”E, 597.56 feet; thence S63º34'43"E, 352.18 feet; thence S39º12'45"E, 503.01 feet; thence S89º48'10"E, 1369.54 feet to a point lying on the east line of said SW1/4; thence S00º01'04"W along said east line, 1324.29 feet to the southeast corner of said SW1/4; thence N89º47'57"W along the south line of said SW1/4, 1039.77 feet to the true point of beginning containing 24.696 acres more or less, located along North Elk Vale Road.  

145.    No. 04RZ011 - Second Reading, Ordinance 4042, a request by Dream Design International, Inc. for a Rezoning from No Use District to Public District on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E, 50.00 feet; thence N00º02'25"E. 2108.32 feet to the true point of beginning; thence N00º02'25"E, 539.93 feet to a point lying on the north line of said SW1/4; thence N89º48'23"E, along said north line, 1275.18 feet; thence departing said north line S00º01'44"W, 561.85 feet; thence N88º49'19"W, 1275.54 feet; to the point of beginning containing 16.127 acres more or less, located along North Elk Vale Road.  

146.    No. 04RZ012 - Second Reading, Ordinance 4043, a request by Dream Design International, Inc. for a Rezoning from No Use District to Mobile Home Residential District on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E, 50.00 feet; thence N00º02'25"E, 499.64 feet to the true point of beginning; thence N00º02'25"E, 1266.69 feet; thence N90º00'00"E, 574.15 feet; thence S63º34'43"E, 307.11 feet; thence S39º12'45"E, 528.68 feet; thence S89º56'14"E, 603.08 feet; thence S00º00'00"W, 356.31 feet; thence N90º00'00"E, 425.33 feet; thence S00º00'00"W, 612.50 feet; thence S90º00'00"W, 650.55 feet; thence S00º12'03"W, 256.06 feet; thence N89º47'57"W, 285.93 feet; thence N89º47'57"W, 1075.70 feet; thence N00º02'25"E, 500.20 feet; thence N89º57'35"W, 200.00 feet to the point of beginning containing 64.333 acres more or less, located along North Elk Vale Road.  

147.    No. 04RZ013 - First Reading, Ordinance 4046, a request by GELD, LLC for a Rezoning from Low Density Residential District to General Commercial District on Lot 1, Block 1, GELD Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenues and north of Disk Drive.  

148.    No. 04RZ014 - First Reading, Ordinance 4047, a request by Wyss Associates, Inc. for William DeLorimier for a Rezoning from General Agriculture District to Office Commercial District on property described by metes and bounds as beginning from a point 1819.80 feet at a bearing S89º27'22" East from the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; This is the point of beginning: travel 164.88 feet at a bearing N45º08'43" East to a point; thence 301.36 feet at a bearing N45º24'39" East to a point; thence travel 210.28 feet at a bearing N54º45'23" East to a point; thence travel 48.86 feet at a bearing S15º57'26" West to a point; thence travel 528.84 feet at a bearing S0º46'13" West to a point; thence travel 282.52 feet at a bearing S75º51'59" West to a point; thence travel along a 437.22 foot radius concave Southeasterly curve with a chord bearing S65º50'42" West, at a chord distance of 404.47 feet to a point; thence travel 27.01 feet at a bearing N54º21'55" West to a point; then travel along a 99.95 foot radius easterly curve with a chord bearing N04º34'14” West a distance of 152.68 feet to a point; then travel 274.08 feet at a bearing N45º11'37" East to the point of beginning; said area contains approximately 5.6 acres, located along Tower Road.  

149.    No. 04RZ015 - First Reading, Ordinance 4048, a request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Rezoning from General Agriculture District to Low Density Residential II District on property described by metes and bounds a beginning from a point 430.32 feet at a bearing S89º27'02"E from the SW corner of the NW1/4 of the SE 1/4 of Section 11, T1N, R7E, BHM; This is the point of beginning: Thence travel 1390.27 feet at a bearing S89º27'23" East to a point, thence travel 273.91 feet at a bearing S45º09'27" West to a point, thence travel along a 100.11 foot radius concave easterly curve with a chord bearing S04º34'14" East at a distance of 152.68 feet to a point, thence travel 27.01 feet at a bearing S54º22'24" East to a point, thence travel 179.20 feet at a bearing S35º06'11" West to a point; thence travel along a 229.33 foot radius concave southwesterly curve with a chord bearing S65º44'09" West, at a distance of 232.84 feet to a point, thence travel 134.38 feet at a bearing N82º37'26" West to a point, thence travel along a 251.47 foot radius concave Northeasterly curve with a chord bearing N61º51'37" West, at a distance of 178.04 feet to a point, thence travel 82.17 feet at a bearing N36º33'39" West to a point, thence travel along a 379.97 foot radius concave southerly curve with a chord bearing S86º34'59" West at a distance of 638.65 feet to a point; thence travel 490.92 feet at a bearing N07º00'51" East to the point of beginning; said parcel contains approximately 13.06 acres, located along Tower Road.  

150.    No. 04RZ016 - First Reading, Ordinance 4049, a request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Rezoning from General Agriculture District to Office Commercial District on property described by metes and bounds as beginning from the SW corner of the SE 1/4 of Section 11, T1N, R7E, BHM; travel 235.68 feet at a bearing N0º21'00" East to a point; thence travel along a 398.07 foot radius concave Northwesterly curve with a chord bearing N47º53'49" East, at a chord distance of 499.5 feet to a point; thence travel 106.52 feet at a bearing N07º07'14" East to a point; then travel along a 319.57 foot radius concave Southeasterly curve with a chord bearing N61º26'27" East at a chord distance of 519.17 feet to a point; then travel along a 390.57 foot radius concave Southwesterly curve with a chord bearing S47º12'05" East at a chord distance of 228.86 feet to a point; then travel along a 319.71 foot radius concave Northeasterly curve with a chord bearing S59º15'23" East, at a chord distance of 209.9 feet to a point to a point; then travel 168.12 feet at a bearing S81º57'45" East to a point to a point; then travel along a 266.67 foot radius concave Northwesterly curve with a chord bearing N60º59'38" East, at a chord distance of 321.30 feet to a point; thence travel 81.39 feet at a bearing N36º00'49" East to a point; this is the Point of Beginning; thence travel 35.94 feet at a bearing of N36º18'49" East to a point; thence travel along a 330.29 foot radius Southeasterly curve with a chord bearing N62º48'30" East, at a distance of 343.19 feet to a point; thence travel 11.14 feet at a bearing S08º15'56" West to a point; thence travel 317.84 feet at a bearing S69º5'42" East to a point; thence travel 361.57 feet at a bearing S00º19'15" West to a point; thence travel 140.43 feet at a bearing S46º14'50" West to a point; thence travel 173.7 feet at a bearing N41º26'10" West to a point; thence travel 111.72 feet at a bearing N70º08'07" West to a point; thence travel 60 feet at a bearing N0º20'27” East to a point; thence travel 112.67 feet at a bearing N89º39'33" West to a point; thence travel 103.3 feet at a bearing N33º19'07" West to a point; thence travel 153.21 feet at a bearing N57º34'25" West to the point of beginning; said area contains approximately 4.8 acres, located along Tower Road.  

151.    No. 04RZ017 - First Reading, Ordinance 4050, a request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Rezoning from General Agriculture District to Office Commercial District on property described by metes and bounds as beginning from the SW corner of the SE1/4 of Section 11, T1N, R7E, BHM; travel 235.68 feet at a bearing N0º21'00" East to a point; thence travel along a 398.07 radius concave Northwesterly curve with a chord bearing N47º53'49" East, at a chord distance of 499.5 feet to a point; thence travel 106.52 feet at a bearing N07º07'14" East to a point; then travel along a 319.57 foot radius concave Southeasterly curve with a chord bearing N61º26'27" East at a chord distance of 519.17 feet to a point; then travel along a 390.57 foot radius concave Southwesterly curve with a chord bearing  S47º12'05" East at a chord distance of 228.86 feet to a point; then travel along a 319.71 feet radius concave Northeasterly curve with a chord bearing S59º15'23" East, at a chord distance of 209.9 feet to a point to a point; then travel 168.12 feet at a bearing S81º57'45" East to a point to a point; then travel along a 266.67 foot radius concave Northwesterly curve with a chord bearing N60º59'38" East, at a chord distance of 321.30 feet to a point; then travel 81.39 feet at a bearing N36º20'49" East to a point; then travel 153.21 feet at a bearing S57º34'25" East to a point; then travel 103.30 feet at a bearing S33º19'07" East to a point; then travel 112.51 feet at a bearing S89º39'33" East to a point; then travel 60.0 feet at a bearing S00º11'26" West to a point; then travel 111.72 feet at a bearing S70º08'07" East to a point; then travel 173.70 feet at a bearing S41º26'10" East to a point; then travel 254.17 feet at a bearing S00º38'41" West to a point; then travel 144.79 feet at a bearing S31º48'32" West to a point; then travel 129.59 feet at a bearing S40º32'04" East to a point; then travel 2208.76 feet at a bearing N89º39'00" West to the point of beginning; said area contains approximately 34.6 acres, located along Tower Road.  

152.    No. 04RZ018 - First Reading, Ordinance 4051, a request by Franklin Simpson for Fountain Springs Development for a Rezoning from General Agriculture District to Light Industrial District on a parcel of land described by metes and bounds as beginning at the southwest corner of Tract L of the Fountain Springs Business Park: Thence first course: N89º23'38"E - 203.63 feet; thence second course: S00º36'37"E - 555.42 feet; thence third course: S89º25'48"W - 124.89 feet; thence fourth course: N08º41'27"W - 560.92 feet; said parcel located in the SW1/4 NE1/4 and NW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, containing 2.0949 acres, more or less and to be further described in platting as: Tract N of the Fountain Springs Business Park formerly a portion of Tract C-R-3 of Fountain Springs Golf Course and Gardens located in the SW1/4 NE1/4 and NW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Fountain Plaza Drive between North Plaza Drive and South Plaza Drive.  

153.    No. 04RZ019 - First Reading, Ordinance 4052, a request by Dream Design International, Inc. for a Rezoning from No Use District to Flood Hazard on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E along the south line of said SW1/4, 1611.63 feet to the true point of beginning; thence departing said south line N00º12'03"E, 256.06 feet; thence N90º00'00"E, 650.55 feet; thence N00º00'00"E, 612.50 feet; thence N90º00'00”W, 425.33 feet; thence N00º00'00"E, 356.31 feet; thence N89º56'14"W, 603.08 feet; thence N39º12'45"W, 528.68 feet; thence N63º34'43"W, 307.11 feet; thence N90º00'00"W, 574.15 feet; thence N00º02'25"E, 100.00 feet; thence N90º00'00”E, 597.56 feet; thence S63º34'43"E, 352.18 feet; thence S39º12'45"E, 503.01 feet; thence S89º48'10"E, 1369.54 feet to a point lying on the east line of said SW1/4; thence S00º01'04"W along said east line, 1324.29 feet to the southeast corner of said SW1/4; thence N89º47'57"W along the south line of said SW1/4, 1039.77 feet to the true point of beginning containing 24.696 acres more or less, located along North Elk Vale Road.  

Legal & Finance Committee Items

154.    Request staff to prepare an ordinance for implementation of a requirement for the Planning Commission to ask applicants if they want action on an item/require Planning Commission to take action on item if requested by application, implementation of an appeals process for continuations by Planning Commission, and designation of planned development designations without notification.  

155.    Request staff to prepare an ordinance setting forth that any request for adjustment beyond the established step and grade would come before the Council for authorization.  

156.    No. LF031004-03 – Approve Resolution Approving Resolution of the City of Rapid City , South Dakota Relating to Lease-Purchase of Airport Facilities; Authorizing the Execution and Delivery of a Ground Lease Agreement, a Trust Agreement and a Lease-Purchase Agreement and Approving and Authorizing the Execution of Related Documents.  

157.    No. LF033104-10 – Authorize the Mayor and Finance Officer to sign Letter of Agreement with United Spinal Association In-House Training on Accessibility for Design Professionals.  

158.    No. LF033104-13 – Resolution to Establish Additional Staffing in the Parks and Recreation Department.  

159.    No. CC040504-05 - Approve Resolution Acknowledging Charitable Donation of Land to the City of Rapid City from Stoneridge, LLC and for Lazy P-6 Land Company, Inc.  

160.    No. CC040504-06 - Quit Claim Deeds with Stoneridge, LLC and Lazy P-6 Land Company, Inc.  

Public Works Committee Items  

160.    No. CC040504-07 - Recommendation from the Planning Commission to complete improvements on Enchantment Road.

161.    No. 04FV002 - Continue to the April 13, 2004 Public Works Committee meeting a Fence Height Exception for petitioner Fisk Land Surveying & Consulting Engineers, Inc. for Dan O'Brien to allow a six to eight foot high fence within the required 25 foot front yard setback, located along Sheridan Lake Road, Heidiway Lane and Fairway Hills Drive.  

CIP Committee Items

162.    No. CC040504-02 - Carry Forward $4,700 in CIP Funds for the Skateboard Park lighting project and $11,049 for the Fiber Optics Reroute project.  

163.    No. CC040504-02 - Allocate $72,000 from the 2005 CIP Government Buildings Line Item for Roof Replacement at the Main Fire Station and $20,000 in 2006 from the Government Buildings Line Item for roof replacement at the Fairmont Fire Station.  

164.    No. CC040504-02 – Approve the Parks & Recreation reallocation of $60,000 for College Park Irrigation and request that the Parks & Rec Committee bring more information to the CIP Committee in regard to the Rushmore Little League reallocation proposal.  

Finance Officer’s Items  

Approval of Bills

165.    No. CC040504-04 - Approval of April 5, 2004 Bill List  

Police Department Items  

Public Works Director’s Items  

City Attorney’s Items  

Development Appeals and Review Board  

Adjourn