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

September 20, 2004 - 7:00 P.M.

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

ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVE MINUTES of September 7 and 13, 2004  

ADOPTION OF THE AGENDA  

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month

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. CC092004-01 Approve the bid award of Whitehead Ballfield Improvements Phase 2 Lighting Project No. PR04-1404, opened September 15, 2004 to the lowest responsible bidder meeting specifications, Mainline Contracting, Inc. for the low unit prices bid for a total contract amount of $84,459.00 

ITEMS FROM THE MAYOR 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

4.                  No. CC092004-02 Jolly Lane Maintenance and Elks Country/Plum Creek Access, Kooiker 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR – Items 5-33 

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

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

Vote on Remaining Consent Items 

Public Comment on First Item Removed from Consent Calendar 

Council Discussion and Vote on Item 

Continue the following items until October 4, 2004:

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

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

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

8.                  No. 04FV014 - A request by Michael Altstiel for a Fence Height Exception to allow a six foot fence in the front yard setback on Lot 1, Block 1, Mall Ridge Subdivision No. 2, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 504 Lion Drive. 

9.                  No. 04FV017 - A request by Jadon Construction for James L. Oconnell for a Fence Height Exception to allow a six foot high fence in the front yard setback on Lot 5, Block 1, Sioux Park Addition, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2318 Lance Street. 

10.             No. 04FV018 - A request by Jadon Construction for Lillian Stone for a Fence Height Exception to allow a six foot high fence in the front yard setback on Lot 6, Block 1, Sioux Park Addition, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2322 Lance Street. 

11.             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. 

12.             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. 

13.             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. 

14.             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. 

15.             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. 

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

17.             No. 04PL060 - A request by Sperlich Consulting, Inc. for Jim Scull for a Preliminary Plat on Lots 1 thru 14 of Block 1, Lots 1 thru 6 of Block 2, and Lot 1 of Block 3, Kennsington Heights Subdivision, located in "Government" Lot 4, , Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of "Government" Lot 4 , Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, generally located west of the future intersection to Elm Avenue and Field View Drive. 

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

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

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

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

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

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

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

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

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

Continue the following item until October 18, 2004:

27.             No. 04CA031 - A request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for an Amendment to the Comprehensive Plan to change the future land use designation on a 23.11 acre parcel from Low Density Residential to Medium Density Residential with a Planned Residential Development on a parcel of land located in the West One-Half (W½) of Section Twenty Three (23) of Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Pennington County, South Dakota, including all of Tract D of Medicine Ridge No. 2 (as shown on the plat recorded on September 24, 1976 and filed in Plat Book 14 on Page 227), all of Lot 3 of Tower Ridge Subdivision (as shown on the plat recorded on May 14, 1984 and filed in Plat Book 19 on Page 159), all of Tracts F and G located in the Northeast One Quarter of the Southwest One Quarter (NE¼ SW¼) and Southeast One Quarter of the Northwest One Quarter (SE¼ NW¼) of said Section 23, T1N, R7E, BHM (as shown on the plat recorded on September 22, 1970 and filed in Plat Book 11 on Page 59), and a portions of vacated right-of-way adjoining said lots, more fully described as follows: Beginning at the northeast corner of Lot 3 of Tower Ridge Subdivision in said Section 23, T1N, R7E, BHM, said corner being marked by a rebar, thence, South 00 degrees 12 minutes 34 seconds East (more or less) along the easterly line of said Lot 3 of Tower Ridge Subdivision (said line being coincident with the westerly line of Lot 1 of Enchanted Hills Subdivision, also located in Section 23, T1N, R7E, BHM and as shown on the plat recorded on November 2, 1977 and filed in Plat Book 15 on Page 197), a distance of 178.24 feet (more or less) to the southeast corner of said Lot 3 of Tower Ridge Subdivision, said corner being coincident with the northeast corner of previously described Tract F, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, South 00 degrees 12 minutes 15 seconds East (more or less) along the easterly line of said Tract F (said line being coincident with the westerly line of previously described Lot 1 of Enchanted Hills Subdivision), a distance of 121.75 feet (more or less) to the southwest corner of said Lot 1 of Enchanted Hills Subdivision, said corner being marked by a rebar; thence, South 00 degrees 10 minutes 15 seconds East (more or less) along the easterly line of said Tract F and previously described Tract G (said line being coincident with the westerly line of previously described Lot 1 and Lot 2 of Enchanted Hills Subdivision), a distance of 279.96 feet (more or less) to the southwest corner of said Lot 2 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 3 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 11 minutes 01 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 3 of Enchanted Hills Subdivision), a distance of 124.70 feet (more or less) to the southwest corner of said Lot 3 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 5 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 15 minutes 44 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 5 of Enchanted Hills Subdivision), a distance of 213.66 feet (more or less) to the southwest corner of said Lot 5 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 6 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 08 minutes 16 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 6 of Enchanted Hills Subdivision) a distance of 331.28 feet (more or less) to the southwest corner of said Lot 6 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 7 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 01 degrees 03 minutes 11 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 7 of Enchanted Hills Subdivision) a distance of 64.35 feet (more or less) to the southeast corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 56 minutes 34 seconds West (more or less) along the southerly line of said Tract G, a distance of 481.92 feet (more or less) to the southwest corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, North 00 degrees 17 minutes 07 seconds West (more or less) along the westerly line of said Tract G, a distance of 450.68 feet (more or less) to the southeast corner of previously described Tract D of Medicine Ridge No. 2, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 50 minutes 58 seconds West (more or less) along the southerly line of said Tract D of Medicine Ridge No. 2, a distance of 455.58 feet (more or less) to the southwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the southeast corner of Tract E of Medicine Ridge No. 2 and said corner being marked by a rebar with survey cap marked “LS 1019”;thence, North 07 degrees 27 minutes 38 seconds East (more or less) along the westerly line of said Tract D of Medicine Ridge No. 2 (said line being coincident with the easterly line of said Tract E of Medicine Ridge No. 2) a distance of 911.90 feet (more or less) to the northwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the northeast corner of Said Tract E of Medicine Ridge No. 2 and said corner being marked by a spike; thence, North 07 degrees 18 minutes 46 seconds East (more or less) a distance of 34.93 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”;thence, South 82 degrees 45 minutes 38 seconds East (more of less) a distance of 25.49 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence; curving to the left along a curve with a radius of 1000.76 feet, a delta of 7 degrees 13 minutes 45 seconds, a length of 126.27 feet (more or less) and a chord bearing of South 86 degrees 32 minutes 17 seconds East and a chord distance of 126.18 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 89 degrees 59 minutes 18 seconds East (more or less) a distance of 165.32 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, curving to the right on a curve with a radius of 150.15 feet, a delta of 39 degrees 33 minutes 47 seconds, a length of 103.68 feet (more or less), a chord bearing of South 70 degrees 11 minutes 15 seconds East and a chord distance of 101.63 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 39 degrees 33 minutes 37 seconds  East (more or less) a distance of 35.55 feet (more or less) to a northwesterly corner of previously described Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar; thence, North 38 degrees 23 minutes 24 seconds East (more or less) along the westerly line of said Lot 3 of Tower Ridge Subdivision, a distance of 12.77 feet (more or less) to the northwest     corner of said Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, along the northerly line of said Lot 3 of Tower Ridge Subdivision, and curving to the left along of curve with a radius of 382.75 feet, a delta of 59 degrees 01 minutes 11 seconds, a length of 394.27 feet (more or less), a chord bearing of South 79 degrees 54 minutes 38 seconds East (more or less) and a chord distance of 377.06 feet (more or less) to the point of beginning. Said tract of land contains 23.11 acres more or less, located at 5440 Plains Vista Court. 

28.             No. 04PL098 - A request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for a Layout Plat on Lot 1 of ELGSS Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract D of Medicine Ridge No. 2 and all of Lot 3 of Tower Ridge Subdivision and all of Tract F and Tract G located in the NE1/4 of SW1/4 and SE1/4 of NW1/4 of Section 23, and a portion of the Point Vista Court right-of-way, all located in the W1/2 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5440 Plains Vista Court. 

29.             No. 04RZ038 - A request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for a Rezoning from General Agriculture District to Medium Density Residential District on a parcel of land located in the West One-Half (W½) of Section Twenty Three (23) of Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Pennington County, South Dakota, including all of Tract D of Medicine Ridge No. 2 (as shown on the plat recorded on September 24, 1976 and filed in Plat Book 14 on Page 227), all of Lot 3 of Tower Ridge Subdivision (as shown on the plat recorded on May 14, 1984 and filed in Plat Book 19 on Page 159), all of Tracts F and G located in the Northeast One Quarter of the Southwest One Quarter (NE¼ SW¼) and Southeast One Quarter of the Northwest One Quarter (SE¼ NW¼) of said Section 23, T1N, R7E, BHM (as shown on the plat recorded on September 22, 1970 and filed in Plat Book 11 on Page 59), and a portions of vacated right-of-way adjoining said lots, more fully described as follows: Beginning at the northeast corner of Lot 3 of Tower Ridge Subdivision in said Section 23, T1N, R7E, BHM, said corner being marked by a rebar, thence, South 00 degrees 12 minutes 34 seconds East (more or less) along the easterly line of said Lot 3 of Tower Ridge Subdivision (said line being coincident with the westerly line of Lot 1 of Enchanted Hills Subdivision, also located in Section 23, T1N, R7E, BHM and as shown on the plat recorded on November 2, 1977 and filed in Plat Book 15 on Page 197), a distance of 178.24 feet (more or less) to the southeast corner of said Lot 3 of Tower Ridge Subdivision, said corner being coincident with the northeast corner of previously described Tract F, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, South 00 degrees 12 minutes 15 seconds East (more or less) along the easterly line of said Tract F (said line being coincident with the westerly line of previously described Lot 1 of Enchanted Hills Subdivision), a distance of 121.75 feet (more or less) to the southwest corner of said Lot 1 of Enchanted Hills Subdivision, said corner being marked by a rebar; thence, South 00 degrees 10 minutes 15 seconds East (more or less) along the easterly line of said Tract F and previously described Tract G (said line being coincident with the westerly line of previously described Lot 1 and Lot 2 of Enchanted Hills Subdivision), a distance of 279.96 feet (more or less) to the southwest corner of said Lot 2 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 3 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 11 minutes 01 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 3 of Enchanted Hills Subdivision), a distance of 124.70 feet (more or less) to the southwest corner of said Lot 3 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 5 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 15 minutes 44 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 5 of Enchanted Hills Subdivision), a distance of 213.66 feet (more or less) to the southwest corner of said Lot 5 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 6 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 08 minutes 16 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 6 of Enchanted Hills Subdivision) a distance of 331.28 feet (more or less) to the southwest corner of said Lot 6 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 7 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 01 degrees 03 minutes 11 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 7 of Enchanted Hills Subdivision) a distance of 64.35 feet (more or less) to the southeast corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 56 minutes 34 seconds West (more or less) along the southerly line of said Tract G, a distance of 481.92 feet (more or less) to the southwest corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, North 00 degrees 17 minutes 07 seconds West (more or less) along the westerly line of said Tract G, a distance of 450.68 feet (more or less) to the southeast corner of previously described Tract D of Medicine Ridge No. 2, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 50 minutes 58 seconds West (more or less) along the southerly line of said Tract D of Medicine Ridge No. 2, a distance of 455.58 feet (more or less) to the southwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the southeast corner of Tract E of Medicine Ridge No. 2 and said corner being marked by a rebar with survey cap marked “LS 1019”;thence, North 07 degrees 27 minutes 38 seconds East (more or less) along the westerly line of said Tract D of Medicine Ridge No. 2 (said line being coincident with the easterly line of said Tract E of Medicine Ridge No. 2) a distance of 911.90 feet (more or less) to the northwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the northeast corner of Said Tract E of Medicine Ridge No. 2 and said corner being marked by a spike; thence, North 07 degrees 18 minutes 46 seconds East (more or less) a distance of 34.93 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”;thence, South 82 degrees 45 minutes 38 seconds East (more of less) a distance of 25.49 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence; curving to the left along a curve with a radius of 1000.76 feet, a delta of 7 degrees 13 minutes 45 seconds, a length of 126.27 feet (more or less) and a chord bearing of South 86 degrees 32 minutes 17 seconds East and a chord distance of 126.18 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 89 degrees 59 minutes 18 seconds East (more or less) a distance of 165.32 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, curving to the right on a curve with a radius of 150.15 feet, a delta of 39 degrees 33 minutes 47 seconds, a length of 103.68 feet (more or less), a chord bearing of South 70 degrees 11 minutes 15 seconds East and a chord distance of 101.63 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 39 degrees 33 minutes 37 seconds  East (more or less) a distance of 35.55 feet (more or less) to a northwesterly corner of previously described Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar; thence, North 38 degrees 23 minutes 24 seconds East (more or less) along the westerly line of said Lot 3 of Tower Ridge Subdivision, a distance of 12.77 feet (more or less) to the northwest        corner of said Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, along the northerly line of said Lot 3 of Tower Ridge Subdivision, and curving to the left along of curve with a radius of 382.75 feet, a delta of 59 degrees 01 minutes 11 seconds, a length of 394.27 feet (more or less), a chord bearing of South 79 degrees 54 minutes 38 seconds East (more or less) and a chord distance of 377.06 feet (more or less) to the point of beginning. Said tract of land contains 23.11 acres more or less, located at 5440 Plains Vista Court. 

30.             No. 04SV044 - A request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk, curb, gutter, street light conduit and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of ELGSS Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the West One-Half (W½) of Section Twenty Three (23) of Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Pennington County, South Dakota, including all of Tract D of Medicine Ridge No. 2 (as shown on the plat recorded on September 24, 1976 and filed in Plat Book 14 on Page 227), all of Lot 3 of Tower Ridge Subdivision (as shown on the plat recorded on May 14, 1984 and filed in Plat Book 19 on Page 159), all of Tracts F and G located in the Northeast One Quarter of the Southwest One Quarter (NE¼ SW¼) and Southeast One Quarter of the Northwest One Quarter (SE¼ NW¼) of said Section 23, T1N, R7E, BHM (as shown on the plat recorded on September 22, 1970 and filed in Plat Book 11 on Page 59), and a portions of vacated right-of-way adjoining said lots, more fully described as follows: Beginning at the northeast corner of Lot 3 of Tower Ridge Subdivision in said Section 23, T1N, R7E, BHM, said corner being marked by a rebar, thence, South 00 degrees 12 minutes 34 seconds East (more or less) along the easterly line of said Lot 3 of Tower Ridge Subdivision (said line being coincident with the westerly line of Lot 1 of Enchanted Hills Subdivision, also located in Section 23, T1N, R7E, BHM and as shown on the plat recorded on November 2, 1977 and filed in Plat Book 15 on Page 197), a distance of 178.24 feet (more or less) to the southeast corner of said Lot 3 of Tower Ridge Subdivision, said corner being coincident with the northeast corner of previously described Tract F, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, South 00 degrees 12 minutes 15 seconds East (more or less) along the easterly line of said Tract F (said line being coincident with the westerly line of previously described Lot 1 of Enchanted Hills Subdivision), a distance of 121.75 feet (more or less) to the southwest corner of said Lot 1 of Enchanted Hills Subdivision, said corner being marked by a rebar; thence, South 00 degrees 10 minutes 15 seconds East (more or less) along the easterly line of said Tract F and previously described Tract G (said line being coincident with the westerly line of previously described Lot 1 and Lot 2 of Enchanted Hills Subdivision), a distance of 279.96 feet (more or less) to the southwest corner of said Lot 2 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 3 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 11 minutes 01 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 3 of Enchanted Hills Subdivision), a distance of 124.70 feet (more or less) to the southwest corner of said Lot 3 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 5 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 15 minutes 44 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 5 of Enchanted Hills Subdivision), a distance of 213.66 feet (more or less) to the southwest corner of said Lot 5 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 6 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 08 minutes 16 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 6 of Enchanted Hills Subdivision) a distance of 331.28 feet (more or less) to the southwest corner of said Lot 6 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 7 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 01 degrees 03 minutes 11 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 7 of Enchanted Hills Subdivision) a distance of 64.35 feet (more or less) to the southeast corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 56 minutes 34 seconds West (more or less) along the southerly line of said Tract G, a distance of 481.92 feet (more or less) to the southwest corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, North 00 degrees 17 minutes 07 seconds West (more or less) along the westerly line of said Tract G, a distance of 450.68 feet (more or less) to the southeast corner of previously described Tract D of Medicine Ridge No. 2, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 50 minutes 58 seconds West (more or less) along the southerly line of said Tract D of Medicine Ridge No. 2, a distance of 455.58 feet (more or less) to the southwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the southeast corner of Tract E of Medicine Ridge No. 2 and said corner being marked by a rebar with survey cap marked “LS 1019”;thence, North 07 degrees 27 minutes 38 seconds East (more or less) along the westerly line of said Tract D of Medicine Ridge No. 2 (said line being coincident with the easterly line of said Tract E of Medicine Ridge No. 2) a distance of 911.90 feet (more or less) to the northwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the northeast corner of Said Tract E of Medicine Ridge No. 2 and said corner being marked by a spike; thence, North 07 degrees 18 minutes 46 seconds East (more or less) a distance of 34.93 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”;thence, South 82 degrees 45 minutes 38 seconds East (more of less) a distance of 25.49 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence; curving to the left along a curve with a radius of 1000.76 feet, a delta of 7 degrees 13 minutes 45 seconds, a length of 126.27 feet (more or less) and a chord bearing of South 86 degrees 32 minutes 17 seconds East and a chord distance of 126.18 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 89 degrees 59 minutes 18 seconds East (more or less) a distance of 165.32 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, curving to the right on a curve with a radius of 150.15 feet, a delta of 39 degrees 33 minutes 47 seconds, a length of 103.68 feet (more or less), a chord bearing of South 70 degrees 11 minutes 15 seconds East and a chord distance of 101.63 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 39 degrees 33 minutes 37 seconds  East (more or less) a distance of 35.55 feet (more or less) to a northwesterly corner of previously described Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar; thence, North 38 degrees 23 minutes 24 seconds East (more or less) along the westerly line of said Lot 3 of Tower Ridge Subdivision, a distance of 12.77 feet (more or less) to the northwest corner of said Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, along the northerly line of said Lot 3 of Tower Ridge Subdivision, and curving to the left along of curve with a radius of 382.75 feet, a delta of 59 degrees 01 minutes 11 seconds, a length of 394.27 feet (more or less), a chord bearing of South 79 degrees 54 minutes 38 seconds East (more or less) and a chord distance of 377.06 feet (more or less) to the point of beginning. Said tract of land contains 23.11 acres more or less, located at 5440 Plains Vista Court. 

31.             No. 04SV049 - A request by TSP for Rob Poeppel 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 and 2 of Block 4 of Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as balance of the North 1/2 of Block 4 and balance of the South 1/2 of Block 4 and alley right-of-way all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 900 East Watertown. 

Continue the following item until November 1, 2004:

32.             No. 04SE002 - A request by Daniel and Lori Smith for a Special Exception to the Street Design Criteria Manual to allow access from a higher order street on Lot 2 of Block 13, located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1802 Valentine Street. 

Continue the following item until November 15, 2004:

33.             No. 04FV012 - A request by Dennis Rogers for a Fence Height Exception to allow a seven foot six inch fence in a Low Density Residential District on Lot 13, Block 16, South Robbinsdale Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 801 East Indiana Street. 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

Special Malt Beverage and Wine License 

34.             Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Wine License, to be used on September 28 and November 9, 2004 at Dahl Arts Center, 713 7th Street 

Set for Hearing (None) 

CONSENT CALENDAR ITEMS – 35-76 

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 (October 18, 2004) 

35.             No. 04VR007 - A request by M. James and Kristine J. Brekhus for a Vacation of Public Right-of-Way on Lot 9, Forest Park Estates, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4295 Rosemary Lane. 

36.             No. 1135 - A request by Teton Coalition, Inc. for a Vacation of Public Right-of-way on 25 feet of the alley right-of-way located adjacent to Lot 69, Dakota Subdivision No. 1, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 631 Sitting Bull Street. 

Public Works Committee Consent Items

37.             Approve the sidewalk replacement on 5th and 6th Streets between Main and Omaha; and add this project to the Miscellaneous Improvements Project list

38.             Approve offering City water to Longview Sanitary and Water District on the contingency the Public Works and Fire Departments approve the feasibility to maintain adequate flows and to charge them 150 percent of the City’s current water rate

39.             PW091404-02 Approve Change Order No. 1F for Fitzgerald Stadium Parking Lot Overlay Project No. PR04-1400 for a decrease of $6,397.12

40.             PW091404-03 Authorize Mayor and Finance Officer to sign Amendment #1 to a Professional Services Agreement with AET, Inc. for the 2003 Geotechnical Investigation for an amount not to exceed $10,100.00

41.             PW091404-04 Authorize Mayor and Finance Officer to sign an Engineering and Surveying Services Agreement with Renner Engineering Company for the Eleventh Street Sanitary Sewer Reconstruction Project SS04-1421 for an amount not to exceed $8,000.00

42.             PW091404-05 Authorize Mayor and Finance Officer to sign an Agreement with Patrick Tlustos for the purpose of constructing the Sheridan Lake Road and Sunset Vista Road Water Main Extension Project No. W00-947

43.             PW091404-06 Authorize Mayor and Finance Officer to sign Amendment #2 to a Professional Services with Kadrmas, Lee & Jackson, Inc. for East Eglin Lift Station and Force Main Project No. SS03-1292 for an amount not to exceed $3,419.00

44.             PW091404-07 Approve a Resolution imposing supplemental tap fees for connection to the sanitary sewer utility for Wildwood Street and Utilities Project No. WSS00-943

45.             PW091404-08 Approve a Resolution imposing supplemental tap fees for connection to the water utility for Wildwood Street and Utilities Project No. WSS00-943

46.             PW091404-09 Authorize staff to solicit Requests for Proposals for Elm Avenue/Meade Street Reconstruction Project No. DR03-1333

47.             Approve the purchase of Enhanced Liquid Magnesium Chloride Deicing material under State Contract #14354 from Vendor #460427814, Z&S Dust Control at a delivered price of $.484 per gallon for the Street Department

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

49.             No. 03VE022 Approve a Vacation of a portion of the Major Drainage Easement for petitioner Angle Survey for Harvey Homes, Inc. on Lot 1, Block 2, Plum Creek Subdivision located in the N1/2 of the SW1/4 of Section 16, T1N, R8E, BHM, Pennington County, South Dakota, more generally described as being located at 3211 Willowbend Drive 

Legal & Finance Committee Consent Items

50.             No. LF091504-14 Approve Historic Preservation Commission Grant Reallocation of Project Funding

51.             No. LF091504-01 Approve appointment of Gus Johnson to the RSVP Advisory Council

52.             No. LF091504-02 Approve appointment of Jan Nordby to the Mayor’s Committee on Employment of People with Disabilities

53.             No. LF091504-03 Approve appointment of Karen Gunderson Olson to Mayor’s Committee on Employment of People with Disabilities

54.             Approve appointment of Tom Johnson, Sam Kooiker, Malcom Chapman, Ray Hadley, and Karen Olsen to the 2012 Selection Team

55.             Approve appointment of Joe Muth, Bill Freytag, Doyle Estes, Shawn Freeland, Doug Sperlich, and Hani Shafai to the Mall Ridge Area Sewer Lift Station Committee

56.             No. LF090104-11 Approve Travel Request for Mason Short and David Lepine to attend 20th Annual Airport Conference, Chicago, IL, November 18-19, 2004, in the approximate amount of $2,428

57.             No. LF091504-04 Approve Travel Request for Kevin Hansen, Dan Olson, and Joe Tjaden to attend Highway Emergency Response Specialist Course, Pueblo, CO, October 25-29, 2004, in the approximate amount of $5,337.54

58.             No. LF091504-05 Approve Travel Request for Jim Frybarger and Rich Broderick to attend Highway Emergency Response Specialist Course, Pueblo, CO, November 8-12, 2004, in the approximate amount of $3,558.36

59.             Authorize staff to apply for Wildland Urban Interface Fuels Reduction Grant

60.             No. LF091504-06 Approve request for additional use of Community Development Block Grant Funds by the Rapid City Community Development Corporation for Down Payment and Closing Cost Assistance for Low-To-Moderate Income Persons

61.             No. LF091504-07 Authorize Mayor and Finance Officer to sign Annual Support Agreement with SunGard Bi-Tech in the Amount of $25,844.66 (4.9% Increase)

62.             No. LF091504-08 Approve Resolution Recognizing the City of Rapid City Employee Compensation Policy in Accordance with the Fair Pay Plan

63.             No. LF090104-23 Approve Resolution to Establish Additional Staffing at the Rapid City Regional Airport to provide maintenance for the Transportation Security Administration Office Building

64.             No. LF091504-09 Authorize Mayor and Finance Officer to Sign Renewal Contracts with Johnson Controls for the Milo Barber Transportation Center and the Energy Plant

65.             No. LF091504-10 Authorize Mayor and Finance Officer to Sign Agreement with Rapid City Racers Swim Club, Inc. to Organize, Supervise, and Conduct a Competitive Swim Team Program at the Rapid City Swim Center

66.             Authorize Black Hills Tennis Association to install memorial plaque for Jeanie Hammerquist at the Sioux Park Tennis Courts; and implement a moratorium on all memorials in the park system or City recreational facilities, including golf courses and baseball fields until a policy has been approved and implemented.

67.             No. LF091504-11 Authorize Mayor and Finance Officer to sign Real Estate Purchase Agreement with Jeffery and Terri Haverly, d/b/a Kids Kastle West, LLC

68.             No. LF091504-12 Approve the following abatements:  Bethesda Christian, 2002, $569.94; Bethesda Christian, 2003, $1,097.74

69.             Approve the following licenses:  Electrical Apprentice:  John N. Anthony, Matt Reede, Mark Sater; Mechanical Installer:  Raymond L. Barck, Jason Duwenhoegger, Charlie E. Hansen, Sandi Kile, Travis Powrie, Loren Ryman, Steven R. Storm; Mechanical Contractor:  John Trujillo, Equipment Service Professionals; Residential Contractor:  Mandalay Homes, LLC, Scott Mueller & Troy Armstrong 

Planning Department Consent Items

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

71.             No. 04PL093 - A request by Sperlich Consulting, Inc. for Robert Scull for a Preliminary Plat on Lot 1, Lot 2 and Drainage Lot, Block 1 and dedicated streets, Commerce Park Subdivision, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the SW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, generally located northeast of the intersection of Rand Road and Commerce Road. 

72.             No. 04PL094 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Preliminary Plat on Lots 1A, 2A, 3A, 4A, 16 thru 30 and Drainage Lot, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, generally located .5 miles west of Alta Vista Drive and the extension of Middle Valley Drive. 

73.             No. 04PL109 - A request by Black Hills Surveying for a Layout Plat on Lots 4 and 5 of Owen Hibbard Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of Tract A of Tract 1, all located in the W1/2 SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, generally located at the intersection of Golden Eagle Drive and South Highway 16 Service Road. 

74.             No. 04PL112 - A request by Centerline for Olsen Development Co., Inc. for a Layout Plat on Lot 5A and 5B of Lot 5, Overlook Subdivision, Section 2, T1N R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 5, Overlook Subdivision, Section 2, T1N R7E, BHM, Rapid City, Pennington County, South Dakota, generally located at the eastern terminus of Fulton Street. 

75.             No. 04PL113 - A request by Wyss Associates for Jean T. Severson for a Layout Plat on Lot A and Lot B of Lot 2 of Severson Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Severson Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, generally located on the east side of Park Drive northeast of Southwest Middle School. 

Raffles

76.             No. CC092004-03 Acknowledge Rapid City Fire Department Combat Challenge Team raffle of two Quilts, October 16 and 17, 2004, Rushmore Mall 

END OF CONSENT CALENDAR 

PUBLIC HEARINGS (none) 

PLANNING DEPARTMENT ITEMS 

77.             No. 04CA034 - A request by Wyss Associates for WEB Land Holdings for an Amendment to the Comprehensive Plan by changing the future land use designation on an approximate 1.08 acre parcel of land from Low Density Residential with a Planned Residential Development to Park Forest with a Planned Residential Development on property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Thence travel 553.75 feet at a bearing S00º31’58” West to a point; Thence travel 165.47 feet at a bearing S89º28’02” East to the Point of Beginning; Travel 74.15 feet at a bearing N41º05’15” West to a point; Travel 245.15 feet at a bearing N00º21’00” East to a point; Travel 106.97 feet at a bearing N34º54’43” East to a point; Travel 115.00 feet at a bearing N05º14’58” West to a point; Travel 51.63 feet at a bearing N09º59’31” East to a point; Travel 56.07 feet at a bearing S89º37’11” East to a point; Travel 464.33 feet at a bearing S00º32’53” West to a point; Travel 110.01 feet at a bearing S35º36’28” West to the point of beginning. The area described contains approximately 1.08 acres more or less, generally located west of the western terminus of Fairmont Boulevard along Tower Road. 

78.             No. 04CA035 - A request by Wyss Associates for WEB Land Holdings for an Amendment to the Comprehensive Plan to change the future land use designation on an approximate 1.32 acre parcel of land from Low Density Residential with a Planned Residential Development to Low Density Residential - II with a Planned Residential Development on property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. Thence travel 497.65 feet at a bearing S00º31’58” West to a point; Thence travel 609.62 feet at a bearing S89º28’02” East to the Point of Beginning; Travel 0.96 feet at a bearing N26º30’38” West to a point; Travel 155.31 feet at a bearing N81º27’48” East to a point; Travel 237.32 feet at a bearing N43º12’21” East to a point; Travel 116.04 feet at a bearing N34º39’32” East to a point; Travel 244.00 feet at a bearing S00º21’00” West to a point; Travel 202.91 feet at a bearing S34º33’20” West to a point; Travel 38.73 feet at a bearing S90º00’00” West to a point; Travel 237.48 feet at a bearing N61º30’24” West to a point; Travel 19.26 feet at a bearing N73º30’07” West to the point of beginning. The area described contains approximately 1.32 acres more or less, generally located west of the western terminus of Fairmont Boulevard along Tower Road. 

79.             No. 04CA036 - A request by Wyss Associates for WEB Land Holdings for an Amendment to the Comprehensive Plan by changing the future land use designation on an approximate 1.35 acre parcel from Low Density Residential - II with a Planned Residential Development to Park Forest with a Planned Residential Development on property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Thence travel 367.51 feet at a bearing S00º31’58” West to the Point of Beginning; Travel 249.13 feet at a bearing S41º05’15” East to a point; Travel 110.01 feet at a bearing N35º36’28” East to a point;Travel 204.40 feet at a bearing S12º13’30” West to a point; Travel 76.49 feet at a bearing S33º41’47” East to a point; Travel 40.83 feet at a bearing S56º18’13” West to a point on a curve; Travel 133.10 feet along a 124.00’ radius convex southwesterly with a chord bearing S87º03’11” West to a point; Travel 36.45 feet at a bearing N62º11’51” West to a point on a curve; Travel 33.00 feet along a 126.00’ radius concave northwesterly with a chord bearing N71º13’38” West to a point; Travel 363.20 feet at a bearing N00º31’58” East to the point of beginning. The area described contains approximately 1.35 acres more or less, generally located west of the western terminus of Fairmont Boulevard along Tower Road. 

80.             No. 04CA037 - A request by Wyss Associates for WEB Land Holdings for an Amendment to the Comprehensive Plan by changing the future land use designation on an approximate 29,977 square foot parcel from Office Commercial with a Planned Commercial Development to Low Density Residential - II with a Planned Residential Development on property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Thence travel 613.93 feet at a bearing S00º31’58” West to a point; Thence travel 876.61 feet at a bearing S89º28’02” East to the Point of Beginning; Travel 202.91 feet at a bearing N34º33’20” East to a point; Travel 244.00 feet at a bearing N00º21’00” East to a point; Travel 14.61 feet at a bearing N34º39’32” East to a point; Travel 90.92 feet at a bearing S89º39’00” East to a point; Travel 145.77 feet at a bearing S00º21’00” West to a point; Travel 231.88 feet at a bearing S34º33’20” West to a point; Travel 99.70 feet at a bearing S30º35’10” East to a point; Travel 134.13 feet at a bearing S90º00’00” West to the point of beginning.  The area described contains approximately 29,977 square feet more or less, generally located west of the western terminus of Fairmont Boulevard along Tower Road. 

81.             No. 04CA041 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the designation of a Collector Street to a Sub-Collector Street on the Major Street Plan on Tract A of Tract B of Parcel C, MJK Subdivision, SE1/4 SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract B of Parcel C, MJK Subdivision residing within the S1/2 SW1/4 Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, generally located at the northeast corner of Elm Avenue and Enchanted Pines Drive. 

82.             No. 04SV045 - A request by Sperlich Consulting for Robert Scull for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1, Lot 2 and Drainage Lot, Block 1 and dedicated streets, Commerce Park Subdivision, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 SW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, generally located at the northeast corner of the intersection of Rand Road and Commerce Road. 

83.             No. 04SV050 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to reduce the right-of-way width from 100 feet to 80 feet and reduce the pavement width from 40 feet to 36 feet as per Chapter 16.16 of the Rapid City Municipal Code on Tract A of Tract B of Parcel C, MJK Subdivision, SE1/4 SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract B of Parcel C, MJK Subdivision residing within the S1/2 SW1/4 Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, generally located at the northeast corner of Elm Avenue and Enchanted Pines Drive. 

ORDINANCES & RESOLUTIONS 

84.             No. 04TI005 - A request by Dream Design International, Inc. for a Resolution Creating Tax Increment District #46 on the N1/2 NW1/4 NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, S1/2 NW1/4 NW1/4 and SW1/4 NW1/4, all located in Section 28, T1N, R7E, BHM, Rapid City Pennington County, South Dakota; and, Block 16, Lots 1-4 (Golf Course); Block 17, Lots 1-10; Block 15, Lots 1-8 (Golf Course); Block 18, Lots 1-17; Block 10, Lots 1-6 and Outlot G-1; Block 11, Lots 1-37; Block 7, Lots 7-9; Block 12, Lots 1-13; Block 9, Lots 1-6 (Golf Course); Block 8, Lots 4, 5A and 6; Block 2, Lots 1-21; Block 13, Lots 1A, 1B, 2-5; Block 14, Lots 1A, 1B, 2A, 2B, 3-6; Block 1, Lots 1-11; Block 4, Lot 1, 4 & 5; Block 3, Lots 1-3; Block 5, Lot 1; Outlot G less Lots 20 & 21 Block 2 & less Lots 4 & 5 Block 4; Outlot 1; Lot P (Utility Lot); All located in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Block 6, Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8, 9A, 9B, 10A,  10B, 11A, 11B, 12, Red Rock Estates Phase 1A, Section 29, T1N, R7E, Rapid City, Pennington County, South Dakota; and, Block 3, Lots 4-16; Block 8, Lot 1-3; Block 7, Lots 1-6; Block 4, Lots 2-3; All located in Red Rock Estates Phase II, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Well Lot; Balance of Tract 1 less Red Rock Estates & less ROW; Balance of Picardi Ranch Road; All located in Red Ridge Ranch Subdivision, Section 29, T1N, R7E, Rapid City, Pennington County, South Dakota; and, Outlot A of Tract A, Countryside Subdivision; Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, E1/2NW1/4NE1/4 less Red Ridge Ranch & less ROW; SW1/4 NE1/4 less Red Ridge Ranch less Red Rock Estates less Red Rock Estates Phase 1A & less ROW; E1/2 NW1/4 less Red Rock Estates & less ROW; W1/2 W1/4 NE1/4 less Red Ridge Ranch less Red Rock Estates & less ROW; E1/2 NE1/4; All rights-of-way located within Red Rock Estates, Red Rock Estates Phase 1A, Red Rock Estates Phase II, and Red Ridge Ranch Subdivision; All located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, generally located north of the intersection of Sheridan Lake Road and Muirfield Drive. 

85.             No. 04TI006 - A request by Dream Design International, Inc. for a Tax Increment District #46 Project Plan on the N1/2 NW1/4 NW1/4, Section 28, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, S1/2 NW1/4 NW1/4 and SW1/4 NW1/4, all located in Section 28, T1N, R7E, BHM, Rapid City Pennington County, South Dakota; and, Block 16, Lots 1-4 (Golf Course); Block 17, Lots 1-10; Block 15, Lots 1-8 (Golf Course); Block 18, Lots 1-17; Block 10, Lots 1-6 and Outlot G-1; Block 11, Lots 1-37; Block 7, Lots 7-9; Block 12, Lots 1-13; Block 9, Lots 1-6 (Golf Course); Block 8, Lots 4, 5A and 6; Block 2, Lots 1-21; Block 13, Lots 1A, 1B, 2-5; Block 14, Lots 1A, 1B, 2A, 2B, 3-6; Block 1, Lots 1-11; Block 4, Lot 1, 4 & 5; Block 3, Lots 1-3; Block 5, Lot 1; Outlot G less Lots 20 & 21 Block 2 & less Lots 4 & 5 Block 4; Outlot 1; Lot P (Utility Lot); All located in Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Block 6, Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8, 9A, 9B, 10A,  10B, 11A, 11B, 12, Red Rock Estates Phase 1A, Section 29, T1N, R7E, Rapid City, Pennington County, South Dakota; and, Block 3, Lots 4-16; Block 8, Lot 1-3; Block 7, Lots 1-6; Block 4, Lots 2-3; All located in Red Rock Estates Phase II, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, Well Lot; Balance of Tract 1 less Red Rock Estates & less ROW; Balance of Picardi Ranch Road; All located in Red Ridge Ranch Subdivision, Section 29, T1N, R7E, Rapid City, Pennington County, South Dakota; and, Outlot A of Tract A, Countryside Subdivision; Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; and, E1/2NW1/4NE1/4 less Red Ridge Ranch & less ROW; SW1/4 NE1/4 less Red Ridge Ranch less Red Rock Estates less Red Rock Estates Phase 1A & less ROW; E1/2 NW1/4 less Red Rock Estates & less ROW; W1/2 W1/4 NE1/4 less Red Ridge Ranch less Red Rock Estates & less ROW; E1/2 NE1/4; All rights-of-way located within Red Rock Estates, Red Rock Estates Phase 1A, Red Rock Estates Phase II, and Red Ridge Ranch Subdivision; All located in Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, generally located north of the intersection of Sheridan Lake Road and Muirfield Drive. 

86.             No. 04RZ038 – Second Reading, Ordinance 4080, a request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for a Rezoning from General Agriculture District to Medium Density Residential District on a parcel of land located in the West One-Half (W½) of Section Twenty Three (23) of Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Pennington County, South Dakota, including all of Tract D of Medicine Ridge No. 2 (as shown on the plat recorded on September 24, 1976 and filed in Plat Book 14 on Page 227), all of Lot 3 of Tower Ridge Subdivision (as shown on the plat recorded on May 14, 1984 and filed in Plat Book 19 on Page 159), all of Tracts F and G located in the Northeast One Quarter of the Southwest One Quarter (NE¼ SW¼) and Southeast One Quarter of the Northwest One Quarter (SE¼ NW¼) of said Section 23, T1N, R7E, BHM (as shown on the plat recorded on September 22, 1970 and filed in Plat Book 11 on Page 59), and a portions of vacated right-of-way adjoining said lots, more fully described as follows: Beginning at the northeast corner of Lot 3 of Tower Ridge Subdivision in said Section 23, T1N, R7E, BHM, said corner being marked by a rebar, thence, South 00 degrees 12 minutes 34 seconds East (more or less) along the easterly line of said Lot 3 of Tower Ridge Subdivision (said line being coincident with the westerly line of Lot 1 of Enchanted Hills Subdivision, also located in Section 23, T1N, R7E, BHM and as shown on the plat recorded on November 2, 1977 and filed in Plat Book 15 on Page 197), a distance of 178.24 feet (more or less) to the southeast corner of said Lot 3 of Tower Ridge Subdivision, said corner being coincident with the northeast corner of previously described Tract F, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, South 00 degrees 12 minutes 15 seconds East (more or less) along the easterly line of said Tract F (said line being coincident with the westerly line of previously described Lot 1 of Enchanted Hills Subdivision), a distance of 121.75 feet (more or less) to the southwest corner of said Lot 1 of Enchanted Hills Subdivision, said corner being marked by a rebar; thence, South 00 degrees 10 minutes 15 seconds East (more or less) along the easterly line of said Tract F and previously described Tract G (said line being coincident with the westerly line of previously described Lot 1 and Lot 2 of Enchanted Hills Subdivision), a distance of 279.96 feet (more or less) to the southwest corner of said Lot 2 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 3 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 11 minutes 01 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 3 of Enchanted Hills Subdivision), a distance of 124.70 feet (more or less) to the southwest corner of said Lot 3 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 5 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 15 minutes 44 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 5 of Enchanted Hills Subdivision), a distance of 213.66 feet (more or less) to the southwest corner of said Lot 5 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 6 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 08 minutes 16 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 6 of Enchanted Hills Subdivision) a distance of 331.28 feet (more or less) to the southwest corner of said Lot 6 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 7 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 01 degrees 03 minutes 11 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 7 of Enchanted Hills Subdivision) a distance of 64.35 feet (more or less) to the southeast corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 56 minutes 34 seconds West (more or less) along the southerly line of said Tract G, a distance of 481.92 feet (more or less) to the southwest corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, North 00 degrees 17 minutes 07 seconds West (more or less) along the westerly line of said Tract G, a distance of 450.68 feet (more or less) to the southeast corner of previously described Tract D of Medicine Ridge No. 2, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 50 minutes 58 seconds West (more or less) along the southerly line of said Tract D of Medicine Ridge No. 2, a distance of 455.58 feet (more or less) to the southwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the southeast corner of Tract E of Medicine Ridge No. 2 and said corner being marked by a rebar with survey cap marked “LS 1019”;thence, North 07 degrees 27 minutes 38 seconds East (more or less) along the westerly line of said Tract D of Medicine Ridge No. 2 (said line being coincident with the easterly line of said Tract E of Medicine Ridge No. 2) a distance of 911.90 feet (more or less) to the northwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the northeast corner of Said Tract E of Medicine Ridge No. 2 and said corner being marked by a spike; thence, North 07 degrees 18 minutes 46 seconds East (more or less) a distance of 34.93 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”;thence, South 82 degrees 45 minutes 38 seconds East (more of less) a distance of 25.49 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence; curving to the left along a curve with a radius of 1000.76 feet, a delta of 7 degrees 13 minutes 45 seconds, a length of 126.27 feet (more or less) and a chord bearing of South 86 degrees 32 minutes 17 seconds East and a chord distance of 126.18 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 89 degrees 59 minutes 18 seconds East (more or less) a distance of 165.32 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, curving to the right on a curve with a radius of 150.15 feet, a delta of 39 degrees 33 minutes 47 seconds, a length of 103.68 feet (more or less), a chord bearing of South 70 degrees 11 minutes 15 seconds East and a chord distance of 101.63 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 39 degrees 33 minutes 37 seconds  East (more or less) a distance of 35.55 feet (more or less) to a northwesterly corner of previously described Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar; thence, North 38 degrees 23 minutes 24 seconds East (more or less) along the westerly line of said Lot 3 of Tower Ridge Subdivision, a distance of 12.77 feet (more or less) to the northwest     corner of said Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, along the northerly line of said Lot 3 of Tower Ridge Subdivision, and curving to the left along of curve with a radius of 382.75 feet, a delta of 59 degrees 01 minutes 11 seconds, a length of 394.27 feet (more or less), a chord bearing of South 79 degrees 54 minutes 38 seconds East (more or less) and a chord distance of 377.06 feet (more or less) to the point of beginning. Said tract of land contains 23.11 acres more or less, located at 5440 Plains Vista Court. 

87.             No. 04RZ039 - Second Reading, Ordinance 4085, a request by Dream Design International for a Rezoning from General Agriculture District to General Commercial District on Tract C of the SW¼ and an unplatted portion of the SW¼ of Sec. 29, and SE¼ of Section 30, T2N, R8E, Rapid City, Pennington County, South Dakota described as follows: Beginning at the northwest intersection of the Right-of-way of Cherry Avenue and Sunnyside Avenue, Thence First Course: S90º00’00”W - 170.00'; Thence Second Course: N50º00'00”E - 843.73'; Thence Third Course: N00º00'00”E – 600.54'; Thence Fourth Course: N90º00'00”W – 1000.49'; Thence Fifth Course: N00º04'37”W – 1076.46'; Thence Sixth Course: Along an arc to the right with a chord bearing S74º34'20"E and a length of 637.90' with radius of 2142.00' an arc length of 640.29'; Thence Seventh Course: Along an arc to the right with radius of 2906.00' an arc distance of 221.90'; Thence Eighth Course: S61º38'02"E - 1274.64'; Thence Ninth Course: S41º50'06"E - 132.85'; Thence Tenth Course: S61º38'02"E - 225.00'; Thence Eleventh Course: S68º57'37"E - 352.88'; Thence Twelfth Course: S61º38'02"E - 175.00'; Thence Thirteenth Course: S50º01'40"E - 101.98'; Thence Fourteenth Course: S61º20'16"E - 125.00'; Thence Fifteenth Course: S72º38'51"E - 101.98'; Thence Sixteenth Course: S61º56'20"E - 315.51'; Thence Seventeenth Course: S00º07'29"E - 311.11'; Thence Eighteenth Course: S00º07'37"E - 280.18'; Thence Nineteenth Course: S00º07'31"E - 347.13'; Thence Twenty-first Course: N63º19'45"W - 138.40'; Thence Twentieth Course: Along an arc to the left chord bearing N86º23'34"W a distance of 1704.20' which radius is 2173.30' an arc distance of 1751.19'; Thence Twenty-second Course: N00º11'27"W – 145.14'; Thence Twenty-third Course: S89º51'40"W - 920.61' to the Point of Beginning, containing 93.2 Acres more or less, generally described as lying south of Interstate 90, east of Spruce Street, north of Anamosa Street and north of the existing Railroad right-of-way, and approximately 1000 feet west of the  intersection of I-90 and Exit 60 (East North Street). 

88.             No. 04RZ040 - Second Reading, Ordinance 4086, a request by Wyss Associates for WEB Land Holdings for a Rezoning from Low Density Residential District to Low Density Residential - II District on property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. Thence travel 497.65 feet at a bearing S00º31’58” West to a point; Thence travel 609.62 feet at a bearing S89º28’02” East to the Point of Beginning; Travel 0.96 feet at a bearing N26º30’38” West to a point; Travel 155.31 feet at a bearing N81º27’48” East to a point; Travel 237.32 feet at a bearing N43º12’21” East to a point; Travel 116.04 feet at a bearing N34º39’32” East to a point; Travel 244.00 feet at a bearing S00º21’00” West to a point; Travel 202.91 feet at a bearing S34º33’20” West to a point; Travel 38.73 feet at a bearing S90º00’00” West to a point; Travel 237.48 feet at a bearing N61º30’24” West to a point; Travel 19.26 feet at a bearing N73º30’07” West to the point of beginning. The area described contains approximately 1.32 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

89.             No. 04RZ041 - Second Reading, Ordinance 4087, a request by Wyss Associates for WEB Land Holdings for a Rezoning from Low Density Residential - II District to Park Forest District on  property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Thence travel 367.51 feet at a bearing S00º31’58” West to the Point of Beginning; Travel 249.13 feet at a bearing S41º05’15” East to a point; Travel 110.01 feet at a bearing N35º36’28” East to a point;Travel 204.40 feet at a bearing S12º13’30” West to a point; Travel 76.49 feet at a bearing S33º41’47” East to a point; Travel 40.83 feet at a bearing S56º18’13” West to a point on a curve; Travel 133.10 feet along a 124.00’ radius convex southwesterly with a chord bearing S87º03’11” West to a point; Travel 36.45 feet at a bearing N62º11’51” West to a point on a curve; Travel 33.00 feet along a 126.00’ radius concave northwesterly with a chord bearing N71º13’38” West to a point; Travel 363.20 feet at a bearing N00º31’58” East to the point of beginning. The area described contains approximately 1.35 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

90.             No. 04RZ042 - Second Reading, Ordinance 4088, a request by Wyss Associates for WEB Land Holdings for a Rezoning from Low Density Residential District to Park Forest District on property  described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Thence travel 553.75 feet at a bearing S00º31’58” West to a point; Thence travel 165.47 feet at a bearing S89º28’02” East to the Point of Beginning; Travel 74.15 feet at a bearing N41º05’15” West to a point; Travel 245.15 feet at a bearing N00º21’00” East to a point; Travel 106.97 feet at a bearing N34º54’43” East to a point; Travel 115.00 feet at a bearing N05º14’58” West to a point; Travel 51.63 feet at a bearing N09º59’31” East to a point; Travel 56.07 feet at a bearing S89º37’11” East to a point; Travel 464.33 feet at a bearing S00º32’53” West to a point; Travel 110.01 feet at a bearing S35º36’28” West to the point of beginning. The area described contains approximately 1.08 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

91.             No. 04RZ043 - Second Reading, Ordinance 4089, a request by Wyss Associates for WEB Land Holdings for a Rezoning from Office Commercial District to Low Density Residential - II District on property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Thence travel 613.93 feet at a bearing S00º31’58” West to a point; Thence travel 876.61 feet at a bearing S89º28’02” East to the Point of Beginning; Travel 202.91 feet at a bearing N34º33’20” East to a point; Travel 244.00 feet at a bearing N00º21’00” East to a point; Travel 14.61 feet at a bearing N34º39’32” East to a point; Travel 90.92 feet at a bearing S89º39’00” East to a point; Travel 145.77 feet at a bearing S00º21’00” West to a point; Travel 231.88 feet at a bearing S34º33’20” West to a point; Travel 99.70 feet at a bearing S30º35’10” East to a point; Travel 134.13 feet at a bearing S90º00’00” West to the point of beginning.  The area described contains approximately 29,977 square feet more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

92.             No. 04RZ044 - Second Reading, Ordinance 4090, a request by Dream Design International for a Rezoning from Medium Density Residential  District to General Commercial District on property described by metes and bounds beginning at a point N89º44'10"E and a distance of 80.00’ from the SE corner of Lot M of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota: Thence First Course: N00º15’50”W – 379.98'; Thence Second Course: S89º38’28”W – 80.00'; Thence Third Course: N00º15’25”W – 714.05'; Thence Fourth Course: N89º42’58”E – 40.76'; Thence Fifth Course: Along an arc to the right with a chord bearing S88º05'47"E a distance of 221.85' which radius is 2906.00' an arc distance of 221.90'; Thence Sixth Course: Along an arc to the right with a chord bearing S84º31'20"E a distance of 103.66' which radius is 2142.00' an arc distance of 103.67'; Thence Seventh Course: S00º04'37”E – 1076.46'; Thence Fourth Course: N90º00'00”W – 282.17' to the Point of Beginning, containing 8.4 Acres more or less, lying south of Interstate 90, east of Spruce Street, north of Anamosa Street and north of the existing Railroad right-of-way, and approximately 1000 feet west of the  intersection of I-90 and Exit 60 (East North Street). 

93.             No. 04RZ045 - Second Reading, Ordinance 4091, a request by Design Works for Century Resources, Inc. for a Rezoning from Heavy Industrial District to Office Commercial District on the north 327.2 feet of the N1/2 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1400 West Philadelphia Street. 

94.             No. 04RZ046 - Second Reading, Ordinance 4092, a request by Wyss Associates, Inc. for Jean T. Severson for a Rezoning from Low Density Residential District to Low Density Residential - II District on Lot A and Lot B of Lot 2 of Severson Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota legally described as Lot 2 of Severson Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the east side of Park Drive northeast of Southwest Middle School. 

95.             No. LF090104-21 Second Reading, Ordinance 4084 Regarding 2005 Appropriation Ordinance 

LEGAL & FINANCE COMMITTEE ITEMS 

PUBLIC WORKS COMMITTEE ITEMS 

96.             No. PW071304-01 Approve the request to reduce a water hook up fee for Larry Lewis, 1525 Rand Drive from $6,067.05 to $3,381.19 based on a cost of $15.56 per lineal foot 

97.             PW091404-01 Approve Change Order No.1F for Minneluzahan Senior Center Parking Lot Overlay Project No. PL04-1343 to J&J Asphalt Company for a decrease of $2,047.35 

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

CIP COMMITTEE ITEMS 

FINANCE OFFICER’S ITEMS 

APPROVAL OF BILLS 

99.             No. CC092004-04 September 20, 2004 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

CITY ATTORNEY’S ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD

ADDENDUM 

76a.    No. 04PD038 - Appeal of the Planning Commission's decision on the application by the Cornerstone Rescue Mission for a Planned Residential Development - Initial and Final Development Plan to allow a group home in a High Density Residential Zoning District on 1/2 of Lot 27 and all of Lots 28-29, Block 116, Original Town of Rapid City, Section 1, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 404 Columbus Street. 

ADJOURN