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

April 19, 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 – Approve the Minutes of April 5, 2004  

ADOPTION OF THE AGENDA  

AWARDS AND RECOGNITIONS

1.         Veteran of the Month Award  

2.         Employee Awards  

GENERAL PUBLIC COMMENT

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

BID OPENINGS

3.         No. CC041904-01 – LaCrosse Street Panel Repairs Project STCM04-1369 (Opened on April 14, 2003 )  

ITEMS FROM THE MAYOR  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

4.         Request for Department of Corrections and the City to hold public informational meeting regarding proposed facility on Elk Vale Road prior to final Planning Commission action (Kooiker)  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – Items 5-37  

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 May 3, 2004:

5.         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.  

6.         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.  

7.         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.  

8.         No. 03PL045 - A request by Michael Hanson for Kent Hagg Esq. for Burnell A. Lutz for a Preliminary and Final Plat on Lots A and B of Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot K1-E of Lot K-1 in Marshall Heights Tract, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1903 North Maple Avenue.  

9.         No. 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.  

10.       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.  

11.       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.  

12.       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.  

13.       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.  

14.       No. 03PL099 - A request by FMG, Inc. for Bill Freytag for a Final Plat on Lots 6 through 9 of Block 4 and Lot 21R of Block 1 and Lot 22R of Block 1, Tyler Knue Subdivision, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 21 and a portion of Lot 22 of Block 1 and a portion of Lot 22 of Block 1 and a portion of the unplatted balance of the NW1/4 NW1/4 all of Tyler Knue Subdivision and dedicated public right of way shown as Nicole Street, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Nicole Street.  

15.       No. 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.  

16.       No. 03SV035 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Variance to the Subdivision Regulations to waive the requirement to  install curb, gutter, sidewalk, street light conduit, water, sewer and pavement on the section line highway and to waive the requirement to install curb, gutter, sidewalk and street light conduit on U.S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on a portion of Tract 2 of Pioneer Subdivision, located in the NE1/4 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows: Commencing at a point on the section line highway between Sections 27 and 34, common to northeasterly corner of said Tract 2 of Pioneer Subdivision, and the Point of Beginning; thence, first course: S00º00'00E, along the easterly boundary of said Tract 2 of Pioneer Subdivision, common with the westerly edge of the statutory section line right-of-way, and common with the westerly edge of U.S. Highway 16 right-of-way, a distance of 109.69 feet, to an angle point; thence, second course: S07º20'00"W, along the easterly boundary of said Tract 2, common with the westerly edge of the right-of-way of U.S. Highway 16, a distance of 303.97 feet, to the northeasterly corner of Lot 3 of Moon Ridge Subdivision; thence, third course: S89º53'10"W, along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 1247.37 feet, to a point on the westerly boundary of said Tract 2, common with the northwesterly corner of said Lot 3 of Moon Ridge Subdivision; thence, fourth course: N00º11'53"E, along the westerly boundary of said Tract 2, a distance of 411.10 feet, to a point on the section line common to Section 27 and 34, common to a point the southerly boundary of Lot 5 of Godfrey Addition, and common to the northwesterly corner of said Tract 2; thence fifth course:  N89º52'53"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 4 and 5 of said Godfrey Addition, a distance of 796.18 feet, to an angle point; thence, sixth course: N89º50'57"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 3 and 4 of said Godfrey Addition, a distance of 466.12 feet, to an angle point; thence, seventh course: S89º10'40"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, a distance of 22.45 feet, to the northeasterly corner of said Tract 2, and the Point of Beginning; said parcel contains 12.00 acres more or less, located northwest of U.S. Highway 16 and Moon Meadows Road.  

17.       No. 04CA012 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 13.06 acre parcel from Residential to Low Density Residential II with a Planned Residential Development on property described by metes and bounds as from a point beginning 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.  

18.       No. 04CA013 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 4.8 acre parcel from Residential to Office Commercial with a Planned Commercial Development 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.  

19.       No. 04CA016 - 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 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.  

20.       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.  

21.       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.  

22.       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.  

23.       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 PRD 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.  

24.       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.  

25.       No. 04PL036 - A request by Franklin Simpson for Fountain Springs Development for a Layout and Preliminary Plat on Tract N of the Fountain Springs Business Park located in the SW1/4 NE1/4 and NW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as 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 N. Plaza Drive and South Plaza Drive.  

26.       No. 04PL039 - A request by Ferber Engineering Company, Inc. for Cregut Inc. for a Preliminary Plat on Lot 1 of Lot C of Lot 1 of Rohrer Subdivision located in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot C of Lot 1 of Rohrer Subdivision located in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, located at 7800 Alberta Drive.  

27.       No. 04RZ015 – Second 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 from a point beginning 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.  

28.       No. 04RZ016 - Second 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.  

29.       No. 04SV004 - A request by Sperlich Consulting, Inc. for 16 Plus, LLP for a Variance to the Subdivision Regulations to waive the requirement to construct curb, gutter, sidewalk, street light conduit, water, sewer, pavement and to dedicate right-of-way along a collector street and to waive the requirement to construct curb, gutter, sidewalk, street light conduit, water, sewer and pavement along a Section Line Highway 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 between to Sections 27 and 34, common to the northeasterly corner of said Tract 2 of Pioneer Subdivision, and the Point of Beginning; Thence, first course: S00º00'00"E, along the easterly boundary of said Tract 2 of Pioneer Subdivision, common with the westerly edge of the statutory section line right-of-way, and common with the westerly edge of U.S. Highway 16 right-of-way, a distance of 109.69 feet, to an angle point; Thence, second course: S07º20'00"W, along the easterly boundary of said Tract 2, common with the westerly edge of the right-of-way of U.S. Highway 16, a distance of 303.97 feet, to the northeasterly corner of Lot 3 of Moon Ridge Subdivision; Thence, third course: S89º53'10"W, along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 1247.37 feet, to a point on the westerly boundary of said Tract 2, common with the northwesterly corner of said Lot 3 of Moon Ridge Subdivision; Thence, fourth course: N00º11'53"E, along the westerly boundary of said Tract 2, a distance of 411.10 feet, to a point on the section line common to Sections 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 to 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 to 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 to 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 12.000 acres more or less; and, a portion of Tract 2 of Pioneer Subdivision, and a portion of the W1/2 of the NE1/4 of Section 34, located in the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; More fully described as follows: Commencing at northwesterly corner of said Tract 2 of Pioneer Subdivision, common to a point on the southerly boundary of Lot 5 of Godfrey Addition, and the Point of Beginning; Thence, first course: N89º52'3"E, along the Section Line common to Sections 27 and 34, common with the northerly boundary of said Tract 2 of Pioneer Subdivision, and common with the southerly boundary of Lot 5 of Godfrey Addition, a distance of 48.99 feet; Thence, second course: southwesterly, curving to the left on a curve with a radius of 960.00 feet, a delta angle of 18º22'16", an arc length of 307.81 feet, a chord bearing of S09º23'33"W, and a chord distance of 306.49 feet, to a point of tangency; Thence, third course: S00º12'25"W, a distance of 108.82 feet; Thence, fourth course: S89º53'10"W, a distance of 80.00 feet; Thence, fifth course: N00º12'25"E, a distance of 109.26 feet; Thence, sixth course: northeasterly, curving to the right on a curve with a radius of 1040.00 feet, a delta angle of 16º53'09", an arc length of 306.50 feet, a chord bearing of N08º38'59"E, and a chord distance of 305.39 feet, to a point on the Section Line common to Sections 27 and 34, common with the southerly boundary of Lot 5 of Godfrey Addition;  Thence, seventh course: N89º52'53"E, along the Section Line common to Sections 27 and 34, common with the southerly boundary of Lot 5 of Godfrey Addition, a distance of 35.10 feet to the northwesterly corner of said Tract 2 of Pioneer Subdivision, common to a point on the southerly boundary of Lot 5 of Godfrey Addition, and the Point of Beginning; said parcel 0.764 acres more or less, located northwest of the U.S. Highway 16 and Moon Meadows Road.  

30.       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.  

31.       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.  

32.       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.  

33.       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), T1N, 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). T1N, 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), T1N, 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.  

34.       No. 04SV018 - A request by Gary and Donna Kluthe 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 Lots 1 thru 25 of Bridle Path Estates, Section 36, T1N, R6E, BHM, Pennington County, South Dakota, legally described as SE1/4 NE1/4 and NE1/4 NE1/4 lying south of County Road #C228 (Sheridan Lake Road) Less Lot W, all located in Section 36, T1N, R6E, BHM, Pennington County, South Dakota, located at 9425 Sheridan Lake Road.  

35.       No. 04SV019 - A request by Franklin Simpson for Fountain Springs Development for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on 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 N. Plaza Drive and South Plaza Drive.  

36.       No. 04SV020 - A request by Ferber Engineering Company, Inc. for Cregut Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along a section line highway; and, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Sheridan Lake Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Lot C of Lot 1 of Rohrer Subdivision located in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot C of Lot 1 of Rohrer Subdivision located in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, located at 7800 Alberta Drive.  

Continue the following items until May 17, 2004:

37.       No. 04RZ018 - Second Reading, Ordinance 4051, a request by Franklin Simpson for Fountain Springs Development for a Rezoning from General Agriculture District to Light Industrial District on 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 N. Plaza Drive and South Plaza Drive.  

End of Continued Items Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS  

Hearings

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

39.       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)

40.       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

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

Set for Hearing ( May 3, 2004 )

42.       Rapid City Arts Council, Inc. dba Dahl Arts Center, 713 Seventh Street, for a Special Malt Beverage and Wine License to be used on May 16, 2004

43.       C&C, LLC dba Schlotzsky’s Sandwich Café, 2520 W. Main Street , for an On-Off Sale Malt Beverage License (New License – No Video Lottery)

44.       C&C, LLC dba Schlotzsky’s Sandwich Café, 1375 N. LaCrosse Street, for an On-Off Sale Malt Beverage License (New License – No Video Lottery)

45.       C&C, LLC dba Schlotzsky’s Sandwich Café, 1375 N. LaCrosse Street, for an On-Sale Wine License (New License – No Video Lottery)

46.       Rapid City Area Chamber of Commerce, for a Special Malt Beverage & Wine License to be used on June 8, 2004 at Storybook Island , 1301 Sheridan Lake Road  

CONSENT CALENDAR ITEMS – 47-90  

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 ( June 7, 2004 )

47.       No. 04VR001 - A request by Daniel Klein, Geiger Architecture, for Mark Treadwell for a Vacation of Right-of-Way on the east 15 feet of Cherry Street right-of-way adjoining Tracts A and E in Block 1 of Feigel Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; located east of Cherry Street between East North Street and East Watertown Street.  

Public Works Committee Consent Items

48.       Approve the Water Conservation Measures for 2004 to begin May 1, 2004 until September 30, 2004 .

49.       No. PW041304-01 - Approve the bid award of Whitehead Ballfields Improvements Restroom & Picnic Shelter Project No. PR04-1332 to Tru-Form Construction, Inc., the lowest responsible bidder meeting specifications, for the low unit prices bid for a total contract amount of $134,021.61

50.       No. PW041304-02 - Approve Change Order No. 02 and final for Highway 16 Water Main Extension Project No. W01-1159 to Mainline Contracting, Inc. for an increase of $880.00

51.       No. PW041304-03 - Authorize staff to advertise for bids for Waterloo & Jackson Streets Water Main Loop Project No. W04-1377

52.       No. PW041304-04 - Authorize staff to advertise for bids for Transportation Natural Gas for City of Rapid City and Rapid City Area Schools

53.       No. PW041304-05 - Authorize Mayor and Finance Officer to sign a Permanent Utility Easement with Black Hills Power, Inc.

54.       No. PW041304-06 - Approve Out-of-the-Dust funds in the amount of $8,500 to pave a portion of an alley in Block 25, South Boulevard Addition located between Mount Rushmore Road and 7th Street from Meade Street to Indiana Street

55.       No. 04SV011 - Approve the recommendation from Planning Commission to complete improvements on Enchantment Road

56.       No. 04TP005 - Acknowledge the report on the 2004-2008 Transit Development Plan Update

57.       No. 04TP006 - Authorize Staff to Advertise a Request for Proposals for the Minnesota Street Corridor Extension

58.       No. 04VE006 - Approve with stipulations a Vacation of Easement for Davis Engineering Inc. for Jerry and Therese Shoener on Tract C of South Meadowwood Subdivision except a strip of land 10 feet in width running parallel to the westerly boundary line of said Tract C, and also except the east 145 feet of said Tract C, SW1/4 of Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4012 Clover Street

59.       No. 04VE004 - Approve a Vacation of an Access Easement and Minor Drainage and Utility Easement for Dream Design International, Inc. on Lot 2 of Autumn Hills Plaza Subdivision, Section 22, T1N, R7E, BHM,  Rapid City , Pennington County , South Dakota , located at 5255 Sheridan Lake Road

60.       No. 04VE007 - Approve with stipulations a Vacation of an Access, Reservoir and Well Easement for Thurston Design Group, LLP for Dr. John Herlihy on Lot 5R, Block 4, Carriage Hills Subdivision, SW1/4 of Section 16 and the SE1/4 of Section 17, T1N, R7E, BHM, Rapid City , Pennington County , South Dakota , located at 4560 South Glenview Place

Legal & Finance Committee Consent Items

61.       No. LF041404-01 – Direct the City Attorney’s Office to prepare an ordinance amendment to allow two hour parking at 924 and 926 Quincy Street .

62.       Request staff to provide the agendas and all attachments for the June 29, 2004, Public Works meeting, the June 30, 2004, Legal and Finance Committee meeting, and the July 6, 2204, Council meeting  to the newly elected incoming officials.

63.       No. LF041404-03 – Authorize Mayor and Finance Officer to Sign three Agreements with Global Rights Group for exclusive copyright permissions.

64.       No. LF041404-05 – Approve travel request for Bimende Malik to attend ArcSDE Administration for SQL Server in Broomfield, CO, June 7-11, 2004, in an amount not to exceed $2,957.26.

65.       No. LF041404-07 – Authorize Mayor and Finance Officer to sign Petition to Vacate a 20 foot wide alley in Block 31 Hunts Subdivision.

66.       No. LF041404-09 – Approve Resolution Declaring Property Surplus.

67.       No. LF041404-10 – Approve Resolution setting forth April 24, 2004 , as Rapid City clean-up day.

68.       No. LF041404-11 – Approve Resolution Calling for the Redemption of the Outstanding Economic Development Revenue Bonds ( Black Hills Special Services Foundation/Youth and Family Services, Inc.).

69.       No. LF041404-12 – Approve travel request for Chris Holbrook and Chad Strobel to attend Mandatory Training for Designation as Certified Defensive Driving Instructors through National Safety Council in St. Paul, Minnesota , from May 18-21, 2004 , in the approximate amount of $2,061.

70.       No. LF041404-13 – Authorize Mayor and Finance Officer to sign Memorandum of Agreement for 2004 evaluator for Weed and Seed.

71.       Authorize Mayor and Finance Officer to sign Toro Computer Agreement for the irrigation system at Meadowbrook Golf Course for a three year period in the total amount of $8,375.

72.       No. LF041404-14 – Authorize Mayor and Finance Officer to sign AEA Host Confirmation.

73.       Authorize payment of $900 by April 30, 2004 , and $900 by May 30, 2004 , to AEA for aquatic fitness instructor certification and continuing education workshop.

74.       No. LF041404-15 – Authorize Mayor and Finance Officer to sign Agreement with Thomson West for Westlaw Services.

75.       No. LF041404-18 – Approve the following abatement: Sally J. Parsons, 2003, $146.18.

76.       Approve the following licenses: Residential Contractor: Dunn Rite Construction, Mike Cole and Gregory Olson; Highmark Builders, David Asbridge; Plumb Level Builders, Justin Konotopka; Prime Quality Contracting Service, James A. Burley; Second Hand: Time Worn Elegance, Devin Tanner Hughes; Sewer & Water Journeyman: (license renewal) William T. Schamber; Sewer & Water Contractor: (new license) Gerold Schuelke, Highmark, Inc.  

Planning Department Consent Items

77.       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.  

78.       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.  

79.       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.  

80.       No. 04PL028 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 16 of Hanover Drive Properties located in the E1/2 of the NE1/4 of SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 of the NE1/4 of SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located off of Hanover Street.  

81.       No. 04PL029 - A request by Centerline, Inc. for Olsen Development Co, Inc. for a Preliminary Plat on Lots 1 thru 28, Block 5, Windgate Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Block 5, Windmere Subdivision, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located in the southwest corner of Twilight Drive and Meadow Lane.  

82.       No. 04PL030 - A request by Wyss Associates, Inc. for William DeLorimier for a Layout Plat on property described by metes and bounds from a point beginning 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.  

83.       No. 04PL031 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Layout Plat on property described by metes and bounds from a point beginning 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.  

84.       No. 04PL032 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Layout Plat 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.  

85.       No. 04PL033 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Layout Plat 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.  

86.       No. 04PL034 - A request by Gary and Donna Kluthe for a Layout Plat on Lots 1 thru 25 of Bridle Path Estates, Section 36, T1N, R6E, BHM, Pennington County, South Dakota, legally described as SE1/4 NE1/4 and NE1/4 NE1/4 lying south of County Road #C228 (Sheridan Lake Road) Less Lot W, all located in Section 36, T1N, R6E, BHM,  Pennington County, South Dakota, located at 9425 Sheridan Lake Road.  

87.       No. 04PL035 - A request by Dream Design International, Inc. for a Layout Plat in the E1/2 of NE1/4 of Section 29, W1/2 of NW1/4 of Section 28, and a portion of N1/2 of NE1/4 of SE1/4, Section 29, T1N, R7E, BHM, Pennington County, South Dakota, located north of Red Rock Estates.  

88        No. 04PL037 - A request by Fisk Land Surveying & Consulting Engineers Inc. for Rapid City Congregation of Jehovah's Witnesses for a Preliminary Plat on Lot 1 Revised of Block 7 of Morningside Addition, Addendum, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 4, Block 7; Vacated Oriole Drive ROW and Lots 5 and 6 of Block 8 of Morningside Addition, Addendum, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of West Boulevard North along Oriole Drive and Thrush Drive.  

89.       No. 04PL038 - A request by Fisk Land Surveying for Richard and Gladys Bray for a Preliminary Plat on Lots 1B and 2B of Lot B of Lot 3, Feay Reder Subdivision, located in the NE1/4 Section 36, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot B of Lot 3, Feay Reder Subdivision located in the NE1/4 Section 36, T1N, R6E, BHM, Pennington County, South Dakota, located at 9470 Sheridan Lake Road.  

Raffle

90.       No. CC041904-02 – Notification of Raffle submitted by Renee Mesteth on behalf Miss Rapid City Teen 2004, Aja Kessler, proceeds to benefit ST. Jude’s Children’s Research Hospital in Memphis, TN; ticket sales from May 15-31, 2004, drawing to be held on June 1, 2004.  

END OF CONSENT CALENDAR  

PUBLIC HEARING

91.       No. CC041904-03 – Resolution Levying Assessment for Miscellaneous Property Cleanup  

PLANNING DEPARTMENT ITEMS

92.       No. 04CA011 - A request by Wyss Associates, Inc. for William DeLorimier for an Amendment to the Comprehensive Plan to change the future land use designation on a 5.6 acre parcel from Residential to Office Commercial with a Planned Commercial Development on property described by metes and bounds as from a point beginning 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.  

93.       No. 04CA014 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 34.6 acre parcel from Residential to Office Commercial with a Planned Commercial Development 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.  

94.       No. 04CA015 - A request by GELD, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 7.23 acre parcel from Residential to General Commercial 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.  

95.       Authorize Mayor and Finance Officer to sign the waiver of right to protest a future assessment for street improvements 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. (03SV050)  

96.       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 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.  

97.       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.  

98.       Authorize Mayor and Finance Officer to sign the waiver of right to protest a future assessment for street improvements in the N1/2 N1/2 NE1/4 of Section 16, T1S, R7E, BHM, Pennington County , South Dakota , located along 237th Street . (04SV012)  

99.       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.  

100.    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.  

ORDINANCES & RESOLUTIONS

101.    No. LF033104-22 – Second 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.  

102.    No. LF041404-16 – First Reading , Ordinance 4044 entitled An Ordinance Amending the Regulations of Adult Oriented Businesses by Amending Section 5.70.120 of the Rapid City Municipal Code.  

103.    No. LF041404-04 – First Reading , Ordinance 4045 entitled An Ordinance Amending Sections 15.26.015 and 15.26.017 and Deleting Section 15.26.065 in Its Entirety of Chapter 15.26 of the Rapid City Municipal Code Regulating the Mechanical Code.  

104.    No. 04RZ013 - Second 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.  

105.    No. 04RZ014 - Second 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 from a point beginning 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.  

106.    No. 04RZ017 - Second 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.  

107.    No. 04RZ019 - Second 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.  

108.    No. LF041404-02 – First Reading , Ordinance 4053 entitled An Ordinance Amending the Regulation of Adult Oriented Businesses by Amending Sections 5.70.010, 5.70.030, and 5.70.050 of the Rapid City Municipal Code.  

109.    No. LF041404-06 – First Reading , Ordinance 4054 entitled An Ordinance Modifying the Notification Requirements for a Planned Development Designation (PDD) by Amending Section 17.50.060 of the Rapid City Municipal Code.  

110.    No. 04RZ021 – First Reading, Ordinance 4055, a request by Wyss Associates, Inc. for Web Real Estate Holdings Co. for a Rezoning from Park Forest District to Office Commercial District 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, Rapid City, Pennington County, South Dakota, Thence travel 548.94 feet at a bearing S89º27'22"E to the Point of Beginning; travel 387.50 feet at a bearing N45º54'33"E to a point; thence 216.00 feet at a bearing N67º49'27"E to a point; thence travel 120.73 feet at a bearing N24º43'12"E to a point; thence travel 117.84 feet at a bearing N07º03'57"W to a point; thence travel 129.48 feet at a bearing N30º35'10"W to a point; thence travel 174.01 feet at a bearing N90º00'00"W to a point; thence travel 237.48 feet at a bearing N61º30'24"W to a point; thence travel 126.16 feet at a bearing N73º30'07"W to a point; thence travel 74.12 feet at a bearing N52º32'01"W to a point; thence travel 122.49 feet at a bearing S87º48'19"W to a point; thence travel 100.98 feet at a bearing S69º46'53"W to a point; thence travel 110.01 feet at a bearing S35º36'28"W to a point; thence travel 225.24 feet at a bearing N41º05'15"W to a point; thence travel 401.68 feet at a bearing N00º21'00"E to a point; thence travel 2337.68 feet at a bearing S89º27'07"E to a point; thence travel 107.83 feet at a bearing S57º14'09"W to a point; thence travel 63.00 feet at a bearing S38º41'00"W to a point; thence travel 89.00 feet at a bearing S68º55'00"W to a point; thence travel 47.00 feet at a bearing S54º43'00"W to a point; thence travel 95.00 feet at a bearing S47º03'00"W to a point; thence travel 77.00 feet at a bearing S69º31'00"W to a point; thence travel 160.63 feet at a bearing S45º15'58"W to a point; thence travel 93.87 feet at a bearing S45º43'39"W to a point; thence travel 96.40 feet at a bearing S34º35'20"E to a point; thence travel 219.73 feet at a bearing S55º19'07"W to a point; thence travel 333.97 feet along a 190' radius concave easterly curve with a chord bearing S05º32'55"W; thence travel 166.06 feet at a bearing S44º48'23"E to a point; thence travel 38.11 feet along a 210' radius concave southwesterly curve with a chord bearing S39º36'25"E, thence travel 214.00 feet at a bearing S34º24'28"E to a point; thence travel 84.11 feet at a bearing S45º11'37"W to a point; thence travel 1270.61 feet at a bearing N89º27'22"W to the point of beginning, located west of the western terminus of Fairmont Boulevard and north of Tower Road.  

111.    No. 04RZ022 - First Reading, Ordinance 4056, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Low Density Residential District to Low Density Residential II District on property described by metes and bounds as commencing at the SW corner of the NW ¼ of the SE 1/4 of Section 11, T1N, R7E, BHM, point also the Point of Beginning; travel 918.99 feet at a bearing N00º21'00" East to a point; thence travel 225.24 feet at a bearing S41º05’15" East to a point; thence travel 110.01 feet at a bearing N35º36'28" East to a point; thence travel 100.98 feet at a bearing N69º46'53" East to a point; thence travel 122.49 feet at a bearing N87º48'19" East to a point; thence travel 74.12 feet at a bearing S52º32'01" East to a point; thence travel 126.16 feet at a bearing S73º30'07" East to a point; thence travel 237.48 feet at a bearing S61º30'24" East to a point; thence travel 174.01 feet at a bearing N90º00'00" East to a point; thence travel 129.48 feet at a bearing S30º35'10" East to a point; thence travel 117.84 feet at a bearing S07º03'57” East to a point; thence travel 120.73 feet at a bearing S24º43'12" West to a point; thence travel 216.00 feet at a bearing S67º49'27" West to a point; thence travel 387.50 feet at a bearing S45º54'33" West to a point; thence travel 548.94 feet at a bearing N89º27'22" West to the point of beginning; said parcel contains approximately 16.55 acres more or less, located west of the western terminus of Fairmont Boulevard and north of Tower Road.  

LEGAL & FINANCE COMMITTEE ITEMS

112.    Funding for Lifeways Partnership (City of Rapid City/Rapid City Area School District/State of South Dakota)  

113.    No. CC041904-04 - Change order for the Public Safety Building in the amount of $14,397  

114.    Discussion on an Ordinance for implementing 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 applicant.  

115.    Discussion on Implementation of an appeals process for continuations by Planning Commission.  

116.    No. LF041404-08 – Amend the Rapid City Community Development Corporation allocation to $57,776 and the City of Rapid City 12th Street Sewer Project to $32,223; and Approve FY2004 Annual Action Plan, as amended; and authorize the Mayor and Finance Officer to sign the Grant Application.

117.    No. 04TI001 – Approve request by Dream Design International, Inc. for a Resolution Creating Tax Increment District #44 on all of Section 28 lying north of U.S. Interstate 90 right-of-way, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the 33 foot Dyess Avenue section line right-of-way north of U.S. Interstate 90 right-of-way located in the E1/2 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of US Interstate 90 and west of North Elk Vale Drive and east of Dyess Avenue.  

118.    No. 04TI002 – Approve request by Dream Design International, Inc. for a Tax Increment District #44 - Project Plan on all of Section 28 lying north of U.S. Interstate 90 right-of-way, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the 33 foot Dyess Avenue section line right-of-way north of U.S. Interstate 90 right-of-way located in the E1/2 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of US Interstate 90 and west of North Elk Vale Drive and east of Dyess Avenue.  

119.    Proposal to hire temporary employees at $25 an hour to operate the A/V system during City Council meetings.  

120.    No. LF041404-19 – Authorize Mayor and Finance Officer to sign Offer and Agreement to Purchase with Our Redeemer Lutheran Church.  

121.    No. LF041404-20 – Authorize Mayor and Finance Officer to sign Offer and Agreement to Purchase with Eugene F. and Joann Jandreau.  

122.    Declare an emergency for the irrigation pump controls for Executive Golf Course, to take awarding a bid for the pumps to the April 19, 2004 , Council meeting without recommendation, and to direct staff to bring forth a total dollar amount to replace the irrigation pumps at that time.  

123.    No. LF041404-17 – Authorize Mayor and Finance Officer to sign Agreement with Doyle Estes for oversize costs  

PUBLIC WORKS COMMITTEE ITEMS

124.    No. PW041304-07 - Approve a Memorandum of Agreement for Footwear for Water Meter Readers  

125.    No. PW041304-08 - Authorize staff to advertise for bids for Red Rock Water Storage Reservoir Project No. W03-1184  

126.    No. 04FV002 – Continue to May 3, 2004 a Fence Height Exception for 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  

FINANCE OFFICER’S ITEMS  

APPROVAL OF BILLS

127.    No. CC041904-04 - Approval of April 19, 2004 Bill List  

POLICE DEPARTMENT ITEMS  

PUBLIC WORKS DIRECTOR’S ITEMS  

CITY ATTORNEY’S ITEMS  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADJOURN