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

October 18, 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.)

5:45 P.M., Agenda Review for City Council and Department Heads in 3rd floor West Conference Room (informal discussion; no action will be taken).

ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVE MINUTES of October 4, 2004 

ADOPTION OF THE AGENDA 

AWARDS AND RECOGNITIONS

1.                  No. CC101804-01 Library Board President Roy Burr selected as South Dakota Library Associations Trustee of the Years 

GENERAL PUBLIC COMMENT 

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

2.                  Economic Development Report, Bob DeMersseman 

BID OPENINGS 

ITEMS FROM THE MAYOR

3.                  No. CC101804-02 Adoption of the Strategic Plan for the Rapid City Public Library for 2005 to 2010 

4.                  Citizens of the Month 

5.                  Veteran of the Month 

6.                  Employee Awards 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS 

7.                  Determine process for replacement of Ward Five Council member, Alderman Kroeger 

8.                  No. CC101804-03 Request update on Pavement Management System and Traffic signal priority list, Alderman Kooiker 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR Items 9-27 

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 November 1, 2004:

9.                  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. 

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. 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. 

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

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

16.             No. 04PL122 - A request by CETEC Engineering Services for Park Hill Development for a Preliminary Plat on Lots 8, 9, 10 and 11 of Block 3; and Lots 5, 6, 7, and 8 of Block 4; and dedicated right-of-way of Park Meadows Subdivision located in the NE1/4 of SE1/4, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the NE1/4 SE1/4 less the west 650 feet of the east 700 feet of the south 372.5 feet, Section 7, T1N, R7E, BHM; and a portion of Lots 1, 2, and 3R of Block 4 of Park Meadows Subdivision, Section 7, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current southern terminus of Oakland Street. 

17.             No. 04PL129 - A request by Sperlich Consulting, Inc. for Jim Scull for a Preliminary Plat on Lots 15-17 of Block 1, Lots 7-19 of Block 2, and Lots 2-6 of Block 3, Kennsington Heights Subdivision, located in the SW1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of Government Lot 4 located in Government Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elm Avenue and Field View Drive. 

18.             No. 04PL130 - A request by Sperlich Consulting for a Preliminary Plat on Lots 6 thru 8 of Block 18, and Lots 12 thru 13 of Block 19, 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 at the extension of Savannah Street north of Williams Street. 

19.             No. 04PL131 - A request by Sperlich Consulting for a Preliminary Plat on Lots 1 through 10, Block 2, Commerce Park Subdivision, located in the E1/2 SW1/4 SE1/4 Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as NE1/4 SW1/4 SE1/4 and the N1/2 SE1/4 SW1/4 SE1/4, all in Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current southern terminus of Fountain Plaza Drive. 

20.             No. 04PL132 - A request by Roger and Janice Knutsen for a Preliminary Plat on Lots 2BR and 3R1 of Block 1 Revised of St. Cloud Subdivision of Forest Hills Subdivision located in NE1/4 SW1/4 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2B, 2C and 3R, Block 1 Revised of St. Cloud Subdivision of Forest Hills Subdivision located in NE1/4 SW1/4 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1518 Forest Drive. 

21.             No. 04PL133 - A request by Dream Design International for a Preliminary Plat on Tract H, Lots 13A-18A, Lots 13B-18B, Block 4, Tracts F and G, Lots 1A-11A, Lots 1B-11B, Block 19; Lots 1A-8A, Lots 1B-8B, Block 20; and Dedicated Streets, located in the S1/2 SE1/4 NW1/4 and NE1/4 SW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Daktoa, legally described as Tract E and Lot 14, Block 4, Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Homestead Street west of Aurora Drive. 

22.             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. 

23.             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. 

24.             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, located north of I-90 and west of Elk Vale Road. 

25.             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. 

26.             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. 

Continue the following items until November 15, 2004:

27.             No. 04FV012 - South Robbinsdale Subdivision - A request by Dennis Rogers to consider an application 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, more generally described as being located at 801 East Indiana Street. 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings (None) 

Set for Hearing 

On/Off Sale Malt Beverage License WITH Video Lottery

28.             CBM Food Service dba Marlins Roadhouse Grill, 2803 Deadwood Avenue for an On/Off Sale Malt Beverage License with Video Lottery Transfer (from I-90 Truck Haven dba Windmill Restaurant) 

Special Malt Beverage and Special Wine License

29.             Pennington County Democratic Party for a Special Malt Beverage and Wine License to be used on November 10, 2004 at Prairie Edge Art Gallery, 606 Main Street

30.             Rapid City Rotary Club (1459) for a Special Malt Beverage and Wine License to be used on November 18, 2004 at Story Book Island, Sheridan Lake Road 

CONSENT CALENDAR ITEMS 31-71 

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 (November 15, 2004)

31.             No. 02VR004 - SSJE Subdivision - A request by Willard Werth for Black Hills Auto to consider an application for a Vacation of Right-of-Way in the SW1/4 SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; said 0.057 acre of land lying south of Jess Street, and west of Lot 8 of SSJE Subdivision, and shown on Survey Plat recorded in Plat Book 28, Page 154 in the office of the Pennington County Register of Deeds, and being more particularly described by metes and bounds as follows to-wit: Beginning at an iron rod with cap marked "D.C. Scott L.S. 2540" found for the northerly northwest corner of said Lot 8 of SSJE Subdivision on the south right-of-way line of Jess Street, a 60 foot wide public right-of-way; thence, South 2441'07" West, along the northwesterly line of said Lot 8 of SSJE Subdivision, a distance of 109.89 feet to a point for corner; thence North 0221'15" West, a distance of 100.00 feet to an iron rod with cap marked "Dean Scott, L.S. 4897" set for corner on the south right-of-way line of Jess Street, as previously described; thence, South 8955'11" East, along on the south right-of-way line of Jess Street, a distance of 50.00 feet to the POINT OF BEGINNING and containing 0.057 acre of land, more or less, more generally described as being located at 1221 Jess Street. 

Public Works Committee Consent Items

32.             Approve the amendment to Section 107.1 of the City of Rapid City Standard Specifications to add the language of or other crushed rock, which has been approved by SDDOT for this issue under both Item A and B.

33.             Authorize staff to conduct a community meeting, Tuesday, October 19, 2004; 7:00 P.M., to discuss proposed utility rate increases.

34.             No. PW101204-01 Approve Change Order No. 1F for the Milwaukee Street Mill and Inlay Project No. ST04-1378 to Simon Contractors of SD, Inc. for decrease of $6,663.15.

35.             No. PW101204-02 Approve Change Order No. 1F for the Waterloo and Jackson Streets Watermain Loop Project No. W04-1377 to Simon Contractors of SD, Inc. for an increase of $760.02.

36.             No. PW101204-03 Approve Change Order No. 2 for the Catron Boulevard Sanitary Sewer Extension, Hwy. 79 to 5th Street Project No. SS01-1052 to Heavy Constructors, Inc. for an increase of $3,926.40.

37.             No. PW101204-05 Authorize staff to advertise for bids for Whitehead Ballfield Improvements Phase 3 Irrigation, Fencing, Grading & Seeding Project No. PR04-1428, CIP #50086.

38.             No. PW101204-16 Authorize staff to advertise for bids for Sheridan Lake Road Panel Replacement Project No. STCM05-1385.

39.             No. PW101204-06 Authorize Mayor and Finance Officer to sign an Agreement with Designworks, Inc. for Graphic Design Services for the Roosevelt Park Demonstration Garden Interpretive Sign for an amount not to exceed $1,680.00.

40.             No. PW101204-08 Authorize Mayor and Finance Officer to sign a Joint Powers Agreement with State of South Dakota Department of Military and Veterans Affairs for cost sharing engineering consultant services for Preliminary Study and Computer Modeling Reroute/Replace 10" and 12" Water mains on Camp Rapid South Canyon High level Water Service Area Rapid City, SD, Project No. W01-1430 with FMG, Inc.

41.             No. PW101204-09 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with FMG Inc. to provide Engineering Services for Preliminary Study and Computer Modeling Reroute/Replace 10" and 12" Water mains on Camp Rapid South Canyon High level Water Service Area Rapid City, SD, Project No. W01-1430 for an hourly rate plus reimbursable expenses with a maximum limiting fee of $11,850.00.

42.             No. PW101203-15 Authorize Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with U.S. Filter for the Rapid City SDADA System, Water Reclamation Facility Expansion Project No. WRF02-1186 for an amount not to exceed $10,317.65.

43.             No. PW101204-10 Acknowledge Consultant Pre-selection Committee Report on the Sixth Street Memorial Park Water Transmission Main Reconstruction Project

44.             Acknowledge Consultant Pre-selection Committee Report on the Omaha Street Beautification Project)

45.             No. PW101204-04 Authorize staff to Solicit Proposals for 6th Street Memorial Park Water Transmission Main Reconstruction Project No. 50439 W04-1423.

46.             No. PW101204-11 Approve an Initial Resolution setting time and place for hearing on November 15, 2004 for Block 8 Alley Paving (West Boulevard Addition) Project No. ST03-1330.

47.             No. PW101204-12 Approve a Permanent Sanitary Sewer Easement for North Elk Vale Sewer Main Project No. SS03-1292 located in an eighteen-foot strip of land beginning seven feet from the east property line of lot 2 of Wal-East Subdivision NE , SW , Section 27, T2N, R8E, BHM, box Elder, Pennington County, South Dakota for an amount of $10,000.00.

48.             No. PW101204-13 Authorize use and expenditure of the $8,000 contingency on TIF 38 for the Elk Vale Road water main.

49.             No. PW101204-14 Continue hearing to November 15, 2004 on Assessment Roll for Parkview Drive Extension Project No. ST01-1006.

50.             No. 04SE003 Approve with stipulations a Special Exception to the Street Design Criteria Manual Section 8.2.1 and Section 8.2.2 for petitioner Bill Barber for GBA, Inc. on Tract C in the SE 1/4 SE 1/4 Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota located at 1655 East 27th Street. 

Legal & Finance Committee Consent Items

51.             No. LF101304-09 Deny a request from the City of Box Elder for authorization to annex Lot 1A and Lot 1B of Lot 1, Morningview Subdivision into City of Box Elder.

52.             Set a 2012 meeting for October 25, 2004, at 7:00 p.m. to kick off the 2012 process.

53.             No. LF101304-01 Approve a Travel Request for Chief Tieszen and staff to attend an annual goals setting meeting at the Civic Center, January 19-21, 2005.

54.             No. LF101304-02 Approve an Event Permit for Midwest Shrine Convention to hold a parade on September 3, 2005.

55.             No. LF101304-03 Approve a Travel Request for Mike Jordahl to attend the National Forensic Academy, University of Tennessee, September 9 to November 21, 2005, in the approximate amount of $3,442.

56.             Approve an additional expenditure in the amount of $3,200 for purchase of police vehicles.

57.             Authorize staff to apply for Fire Prevention Grant in the amount of $33,147.

58.             04TP017 Authorize Mayor and Finance Officer to sign Agreement between City of Rapid City and City of Box Elder for Accomplishing the Rapid City Area Transportation Planning Process.

59.             04TP018 Authorize Mayor and Finance Officer to sign Agreement between City of Rapid City and Meade County for Accomplishing the Rapid City Area Transportation Planning Process.

60.             No. LF101304-04 Approve a Resolution Writing Off Uncollectible Accounts Receivable Accounts.

61.             No. LF101304-05 Approve a Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup.

62.             No. LF101304-06 Authorize Mayor and Finance Officer to sign a Contract with Ketel Thorstenson LLP to perform audit of the financial statements of the City of Rapid City for calendar Year 2004 with the option to renew for calendar year 2005 and 2006.

63.             Set a Special Council meeting for 1:15 P.M., December 28, 2004 to handle end of year business.

64.             Set December 29, 2004, Legal & Finance Committee meeting to December 28, 2004 to follow the Public Works Committee meeting.

65.             No. LF101304-10 Approve a Resolution Establishing Fees for Grave Spaces and Cemetery Services.

66.             No. LF101304-12 Acknowledge the report on insurance proposals.

67.             No. LF101304-13 Approve a proposal from St. Paul in the amount of $922,706.

68.             No. LF101304-07 Authorize Mayor and Finance Officer to sign Amendment No. 2 to Promissory Note between City of Rapid City and PAJO Properties, LLC.

69.             No. LF101304-11 Authorize Mayor and Finance Officer to sign Agreement with Lynee Lindsey.

70.             Approve the following licenses: Sewer and Water Journeyman: Dale Graham. 

Planning Department Consent Items

71.             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. 

Raffles (None) 

END OF CONSENT CALENDAR 

PUBLIC HEARINGS 

72.             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 (W) 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 (NE SW) and Southeast One Quarter of the Northwest One Quarter (SE NW) 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. 

73.             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 as 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: S900000W - 170.00'; Thence Second Course: N5000'00E - 843.73'; Thence Third Course: N0000'00E 398.80'; Thence Fourth Course: S6138'00E 629.13'; Thence Fifth Course: S4200'00E 133.00'; Thence Sixth Course: S6200'00"E 276.00'; Thence Seventh Course: S6900'00"E 351.00'; Thence Eighth Course: S2700'00"W 405.36'; Thence Ninth Course: Along an arc to the left chord bearing S7808'34"W a distance of 597.75' which radius is 2133.30' an arc distance of 599.72'; Thence Tenth Course: N0011'27"W 198.19'; Thence Eleventh Course: S8951'40"W 920.61' to the Point of Beginning, containing 21.8 Acres more or less, located 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). 

74.             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 as 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 N8944'10"E - 80.00 to the True Point of Beginning; Thence First Course: N900000E - 219.82; Thence Second Course: N444410E 319.22; Thence Third Course: Along an arc to the left chord bearing N8128'53"W a distance of 450.83' which radius is 1344.30' an arc distance of 452.97'; Thence Fourth Course: S001550E 293.55 to the True Point of Beginning, containing 2.2 Acres more or less, located southeast corner of the intersection of Luna Avenue and Spruce Street. 

75.             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 as beginning at the SE corner of Lot M of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Pennington County, SD: Thence N8944'10"E - 80.00; Thence N900000E - 219.82 to the True Point of Beginning; Thence First Course: N900000E 689.19; Thence Second Course: N613800W 265.21; Thence Third Course: Along an arc to the left chord bearing N6626'49"W a distance of 252.15' which radius is 1344.30' an arc distance of 252.52'; Thence Fourth Course: S444410W 319.22 to the True Point of Beginning, containing 1.9 Acres more or less, located approximately 220 feet east/southeast of the southeast corner of the intersection of Luna Avenue and Spruce Street. 

76.             No. 04PD054 - Appeal of the Planning Commission's action on a request by FMG, Inc. for Bill Freytag to consider an application for a Planned Residential Development - Initial Development Plan on a tract of land located in the SE1/4 of SW1/4 of Section 13, and in the NE1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more particularly described as follows: Commencing at a point which is a 1 pipe marking the southwest 1/16 corner of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence N001123E a distance of 117.00, more or less, to a point; Thence S894906E a distance of 221.72, more or less, to a point; Thence N001054E a distance of 233.09, more or less, to a point; Thence S894123E a distance of 888.80, more or less, to a point; Thence S000949W a distance of 380.90, more or less, to a point; Thence N894753W a distance of 286.16, more or less, to a point; said point being a 5/8 rebar marking the northwest corner of Lot 6 of Block 1 of Mallridge Subdivision No. 2; Thence N895152W a distance of 374.71, more or less, to a point; Said point being a 5/8 rebar marking the northwest corner of Lot 11 of Block 1 of Mallridge Subdivision No. 2; Thence N894906W a distance of 449.80, more or less, to a point, Said point being a 2 pipe with survey cap LS 880 marking the southeast corner of Lot 13 of Madisons Subdivision; Thence N001152E a distance of 33.00, more or less, to the point of beginning. Said area includes 8.557 acres, more or less, more generally described as being located west of Haines Avenue and north of Mallridge Subdivision.  

77.             Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements on a portion of 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.(04SV035) 

78.             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. 

79.             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 (W) 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 (NE SW) and Southeast One Quarter of the Northwest One Quarter (SE NW) 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. 

80.             Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements on the 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. (04SV049) 

81.             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. 

82.             No. 04SV052 - A request by Roger and Janice Knutsen for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 2BR and 3R1 of Block 1 Revised of St. Cloud Subdivision of Forest Hills Subdivision located in NE1/4 SW1/4 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2B, 2C and 3R, Block 1 Revised of St. Cloud Subdivision of Forest Hills Subdivision located in NE1/4 SW1/4 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1518 Forest Drive. 

83.             No. 1135 - A request by Teton Coalition, Inc. for a Vacation of Public Right-of-way on the 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. 

PLANNING DEPARTMENT ITEMS 

ORDINANCES & RESOLUTIONS 

84.             No. 04RZ038 - Second Reading - 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 (W) 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 (NE SW) and Southeast One Quarter of the Northwest One Quarter (SE NW) 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. 

85.             No. 04RZ039 - Second Reading - A request by Dream Design International for a Rezoning from General Agriculture District to General Commercial District on Tract C of the SW and an unplatted portion of the SW of Sec. 29, and SE 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: S900000W - 170.00'; Thence Second Course: N5000'00E - 843.73'; Thence Third Course: N0000'00E 600.54'; Thence Fourth Course: N9000'00W 1000.49'; Thence Fifth Course: N0004'37W 1076.46'; Thence Sixth Course: Along an arc to the right with a chord bearing S7434'20"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: S6138'02"E - 1274.64'; Thence Ninth Course: S4150'06"E - 132.85'; Thence Tenth Course: S6138'02"E - 225.00'; Thence Eleventh Course: S6857'37"E - 352.88'; Thence Twelfth Course: S6138'02"E - 175.00'; Thence Thirteenth Course: S5001'40"E - 101.98'; Thence Fourteenth Course: S6120'16"E - 125.00'; Thence Fifteenth Course: S7238'51"E - 101.98'; Thence Sixteenth Course: S6156'20"E - 315.51'; Thence Seventeenth Course: S0007'29"E - 311.11'; Thence Eighteenth Course: S0007'37"E - 280.18'; Thence Nineteenth Course: S0007'31"E - 347.13'; Thence Twenty-first Course: N6319'45"W - 138.40'; Thence Twentieth Course: Along an arc to the left chord bearing N8623'34"W a distance of 1704.20' which radius is 2173.30' an arc distance of 1751.19'; Thence Twenty-second Course: N0011'27"W 145.14'; Thence Twenty-third Course: S8951'40"W - 920.61' to the Point of Beginning, containing 93.2 Acres more or less, located 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). 

86.             No. 04RZ044 - Second Reading - 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 as beginning at a point N8944'10"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: N001550W 379.98'; Thence Second Course: S893828W 80.00'; Thence Third Course: N001525W 714.05'; Thence Fourth Course: N894258E 40.76'; Thence Fifth Course: Along an arc to the right with a chord bearing S8805'47"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 S8431'20"E a distance of 103.66' which radius is 2142.00' an arc distance of 103.67'; Thence Seventh Course: S0004'37E 1076.46'; Thence Fourth Course: N9000'00W 282.17' to the Point of Beginning, containing 8.4 Acres more or less, located 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). 

LEGAL & FINANCE COMMITTEE ITEMS 

87.             No. LF092904-06 Approve proposed Bylaws as recommended by the Parks & Recreation Advisory Board. 

88.             No. LF092904-07 Approve proposed Operating Procedures as recommended by the Parks & Recreation Advisory Board. 

89.             Single axle truck bid 

PUBLIC WORKS COMMITTEE ITEMS 

90.             Approve informal quote in the amount of $4,500 to replace heaving concrete slab around concession area at the Parkview Swimming Pool (Public Works Committee meeting of August 31, 2004) 

91.             No. 04VE020 Deny a request by James Steele for Arthur Barrett to consider an application for a Vacation of Utility Easement on Lot 4, Steele Subdivision, located in NW1/4 SE1/4 and NE1/4 SE1/4, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2944 Evergreen Drive. 

CIP COMMITTEE ITEMS 

FINANCE OFFICERS ITEMS 

APPROVAL OF BILLS 

92.             No. CC101804-04 October 18, 2004 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTORS ITEMS 

CITY ATTORNEYS ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADJOURN