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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).

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

December 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 November 15, December 6, and December 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. 

3.                  Economic Development Report, Bob DeMersseman 

4.                  No. CC122004-01 Heart Center Building , LLC - Exception to the Street Design Criteria Manual 

BID OPENINGS

5.                  No. CC122004-02 Sheridan Lake Road Panel Replacement Project No. STCM05-1385 (Opened December 15, 2004) 

6.                  No. CC122004-02 Aerial Ladder Truck (Opened December 16, 2004) 

7.                  No. CC122004-02 One (1) New 2005 Trailer Mounted Self Contained 500 Gallon Vacuum Excavation System (Opened December 16, 2004) 

ITEMS FROM THE MAYOR

8.                  No. CC122004-03 Proposal for Skyline Drive Historical Marker, Alderman Kooiker 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

8a.       Rapid Transit/Dial-A-Ridge Update, Alderman Kooiker and Hadley

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR – Items 9-57 

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 December 28, 2004:

9.                  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. 

Continue the following items until January 3, 2005:

10.             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. 

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. 04CA043 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 1.92 acre parcel from Public to General Commercial with a Planned Commercial Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N49º55'49"E a distance of 1224.84 feet to the point of beginning; thence along the arc of a curve to the right whose radius point bears S50º24'14"E, having a radius of 842.93 feet, a central angle of 35º47'16" and an arc length of 526.57 feet; thence N83º15'56"W a distance of 119.91 feet; thence N54º42'24"W a distance of 248.48 feet; thence N84º42'24"W a distance of 114.98 feet; thence S00º03'21"W a distance of 446.63 feet to the point of beginning, containing an area of 1.92 acres, all located in the SE1/4 SE1/4 and SW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

13.             No. 04CA044 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 1.26 acre parcel from General Commercial with a Planned Commercial Development to Public on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N64º54'42"E a distance of 2092.35 feet to the point of beginning; thence N66º07’09” e a distance of 35.13 feet; thence along the arc of a curve to the left whose radius point bears N23º52'51"W, having a radius of 500.00 feet, a central angle of 23º20'19" and an arc length of 203.67 feet; thence N42º46'50"E a distance of 135.90 feet; thence along the arc of a curve to the right whose radius point bears S33º40'19"W, having a radius of 912.83 feet, a central angle of 9º23'00" and an arc length of 149.50 feet; thence S42º55'22"W a distance of 232.95 feet; thence along the arc of a curve to the right whose radius point bears N47º04'38"W, having a radius of 400.00 feet, a central angle of 15º13'51" and an arc length of 106.33 feet; thence N59º06'14"W a distance of 192.96 feet to the point of beginning, containing an area of 1.26 acres, all located in the SE1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

14.             No. 04CA045 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 1.0 acre parcel from Office Commercial with a Planned Commercial Development to Public on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N52º10'52"E a distance of 1739.84 feet to the point of beginning; thence 83º15'56"E a distance of 276.46 feet; thence S59º06'14"E a distance of 286.69 feet; thence N66º07'09"E a distance of 35.13 feet; thence along the arc of a curve to the left whose radius point bears N23º52'51"W, having a radius of 500.00 feet, a central angle of 8º17'54" and an arc length of 72.42 feet; thence N44º05'09"W a distance of 171.27 feet; thence N83º15'56"W a distance of 303.07 feet; thence along the arc of a curve to the left whose radius point bears S1º11'17"E, having a radius of 851.82 feet, a central angle of 13º22'01" and an arc length of 198.73 feet to the point of beginning, containing an area of 1.0 acres, all located in the SE1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

15.             No. 04CA046 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 3.18 acre parcel from Public to General Commercial with a Planned Commercial Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N51º14'38"E a distance of 1781.74 feet to the point of beginning; thence S83º15'56"E a distance of 485.70 feet; thence N27º29'45"E a distance of 202.66 feet; thence N62º31'55"W a distance of 476.05 feet; thence S27º28'05"W a distance of 278.96 feet; thence along the arc of a curve to the left whose radius point bears S62º31'55"E, having a radius of 220.67 feet, a central angle of 24º05'58" and an arc length of 92.82 feet; thence S3º22'06"W a distance of 6.07 feet to the point of beginning, containing an area of 3.18 acres, all located in the SE1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

16.             No. 04CA047 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 1.21 acre parcel from Public to Office Commercial with a Planned Commercial Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N51º14'38"E a distance of 1781.74 feet to the point of beginning; thence N3º22'06"E a distance of 6.07 feet; thence along the arc of a curve to the right whose radius point bears S86º37'54"E, having a radius of 220.67 feet, a central angle of 24º05'58" and an arc length of 92.82 feet; thence N27º28'05"E a distance of 278.96 feet; thence N62º31'55"W a distance of 89.99 feet; thence S27º29'45"W a distance of 272.96 feet; thence N89º16'18"W a distance of 248.96 feet; thence S54º42'24"E a distance of 227.17 feet; thence S83º15'56"E a distance of 116.68 feet to the point of beginning, containing an area of 1.21 acres, all located in the SE1/4 SE1/4, SW1/4 SE1/4, NE1/4 SE1/4, and NW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

17.             No. 04CA048 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 0.42 acre parcel from Planned Residential Development with 6.7 dwelling units per acre to Office Commercial with a Planned Commercial Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N28º31'52"E a distance of 1445.37 feet to the point of beginning; thence N78º01'29"E a distance of 97.70 feet; thence S89º42'24"E a distance of 105.65 feet; thence S84º42'24"E a distance of 18.19 feet; thence along the arc of a curve to the right whose radius point bears N32º25'42"E, having a radius of 1443.00 feet, a central angle of 11º03'18" and an arc length of 278.42 feet; thence S0º02'42"W a distance of 189.03 feet to the point of beginning, containing an area of 0.42 acres, all located in the NW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

18.             No. 04CA049 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 1.92 acre parcel from Office Commercial with a Planned Commercial Development to Medium Density Residential with a Planned Residential Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N25º19'44"E a distance of 1614.03 feet to the point of beginning; thence N0º02'42"E a distance of 451.16 feet; thence N88º44'21"W a distance of 324.90 feet; thence along the arc of a curve to the left whose radius point bears N65º55'22"E, having a radius of 1443.00 feet, a central angle of 22º26'22" and an arc length of 565.14 feet to the point of beginning, containing an area of 1.92 acres, all located in the NW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

19.             No. 04CA050 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 7.88 acre parcel from Planned Residential Development with 6.7 dwelling units per acre to Medium Density Residential with a Planned Residential Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N25º19'44"E a distance of 1614.03 feet to the point of beginning; thence along the arc of a curve to the right whose radius point bears N43º29'00"E, having a radius of 1443.00 feet, a central angle of 20º24'13" and an arc length of 513.87 feet; thence N89º39'23"W a distance of 374.98 feet; thence S45º11'40"W a distance of 14.11 feet; thence S0º02'42"W a distance of 405.68 feet; thence along the arc of a curve to the right whose radius point bears N89º57'18"W, having a radius of 330.00 feet, a central angle of 24º38'03" and an arc length of 141.88 feet; thence S60º48'44"E a distance of 95.30 feet; thence S89º40'51"E a distance of 634.83 feet; thence N0º02'42"E a distance of 189.03 feet to the point of beginning, containing an area of 7.88 acres, all located in the NW1/4 SE1/4 and NE1/4 SW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

20.             No. 04CA051 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 1.05 acre parcel from Planned Residential Development with 6.7 dwelling units per acre to Public on property described by metes and bounds as starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N04º24'10"E a distance of 1226.78 feet to the point of beginning; thence N60º48'44"W a distance of 152.49 feet; thence along the arc of a curve to the left whose radius point bears N60º58'31"W, having a radius of 330.00 feet, a central angle of 4º20'43" and an arc length of 25.03 feet; thence S60º48'44"E a distance of 95.30 feet; thence S89º40'51"E a distance of 634.83 feet; thence N78º01'29"E a distance of 97.70 feet; thence S89º42'24"E a distance of 105.65 feet; thence S84º42'24"E a distance of 18.19 feet; thence along the arc of a curve to the left whose radius point bears N32º25'42"E, having a radius of 1443.00 feet, a central angle of 01º18'43" and an arc length of 33.04 feet; thence S00º03'21"W a distance of 35.42 feet; thence N84º42'24"W a distance of 48.82 feet; thence N89º42'24"W a distance of 99.09 feet; thence S80º17'36"W a distance of 119.51 feet; thence N89º40'51"W a distance of 578.09 feet to the point of beginning, containing an area of 1.05 acres, all located in the NW1/4 SE1/4, NE1/4 SW1/4 and SW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

21.             No. 04CA052 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 3.56 acre parcel from Planned Residential Development with 6.7 dwelling units per acre to Office Commercial with a Planned Commercial Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N21º41'03"E a distance of 898.69 feet to the point of beginning; thence S89º41'24"E a distance of 400.31 feet; thence N0º03'21"E a distance of 397.36 feet; thence S80º17'36"W a distance of 61.38 feet; thence N89º40'51"W a distance of 339.42 feet; thence S0º06'56"W a distance of 386.74 feet to the point of beginning, containing an area of 3.56 acres, all located in the SW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

22.             No. 04CA053 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 2.45 acre parcel from Planned Residential Development with 6.7 dwelling units per acre to Office Commercial with a Planned Commercial Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N32º58'04"E a distance of 609.06 feet to the point of beginning; thence N0º05'48"E a distance of 74.11 feet; thence N0º06'56"E a distance of 250.00 feet; thence N89º41'24"W a distance of 330.57 feet; thence S0º06'56"W a distance of 250.00 feet; thence S0º05'48"W a distance of 72.50 feet; thence S89º24'42"E a distance of 330.58 feet to the point of beginning, containing an area of 2.45 acres, all located in the SW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

23.             No. 04CA054 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 3.89 acre parcel from Medium Density Residential with a Planned Residential Development to Office Commercial with a Planned Commercial Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N32º58'04"E a distance of 609.06 feet to the point of beginning; thence N89º24'42"W a distance of 330.58 feet; thence S0º05'48"W a distance of 365.07 feet; thence S89º16'18"E a distance of 2.76 feet; thence S1º09'27"W a distance of 149.31 feet; thence S89º42'31"E a distance of 330.57 feet; thence N0º05'48"E a distance of 512.67 feet to the point of beginning, containing an area of 3.89 acres, all located in the SW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

24.             No. 04CA055 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 5.86 acre parcel from Planned Residential Development with 6.7 dwelling units per acre to General Commercial with a Planned Commercial Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N32º58'04"E a distance of 609.06 feet to the point of beginning; thence S89º24'42"E a distance of 452.05 feet; thence along the arc of a curve to the right whose radius point bears S72º22'50"E, having a radius of 842.93 feet, a central angle of 21º58'36" and an arc length of 323.32 feet; thence N00º03'21"E a distance of 446.63 feet; thence N84º42'24"W a distance of 48.82 feet; thence N89º42'24"W a distance of 99.09 feet; thence S80º17'36"W a distance of 58.13 feet; thence S00º03'21"W a distance of 397.36 feet; thence N89º41'24"W a distance of 400.31 feet; thence S00º06'56"W a distance of 250.00 feet; thence S00º05'48"W a distance of 74.11 feet to the point of beginning, containing an area of 5.86 acres, all located in the SW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

25.             No. 04CA056 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 4.93 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 starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N32º58'04"E a distance of 609.06 feet to the point of beginning; thence S0º05'48"W a distance of 512.67 feet; thence S89º42'31"E a distance of 416.02 feet; thence N0º36'33"W a distance of 245.03 feet; thence along the arc of a curve to the right whose radius point bears N89º19'20"E, having a radius of 842.93 feet, a central angle of 18º17'50" and an arc length of 269.19 feet; thence N89º24'42"W a distance of 452.05 feet to the point of beginning, containing an area of 4.93 acres, all located in the SW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

26.             No. 04CA057 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 16.78 acre parcel from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, S89º42'31"E a distance of 746.59 feet to the point of beginning; thence S89º42'31"E a distance of 701.03 feet; thence N0º45'02"W a distance of 362.10 feet; thence along the arc of a curve to the right whose radius point bears N89º12'50"E, having a radius of 500.00 feet, a central angle of 66º54'19" and an arc length of 583.86 feet; thence N66º07'09"E a distance of 169.03 feet; thence N59º06'14"W a distance of 286.69 feet; thence N83º15'56"W a distance of 276.71 feet; thence along the arc of a curve to the left whose radius point bears S14º36'58"E, having a radius of 842.93 feet, a central angle of 76º03'42" and an arc length of 1119.01 feet; thence S0º36'33"E a distance of 245.03 feet to the point of beginning, containing an area of 16.78 acres, all located in the SW1/4 SE1/4 and SE1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

27.             No. 04CA058 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 0.06 acre parcel from Office Commercial with a Planned Commercial Development to Public on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N35º14'08"E a distance of 1576.77 feet to the point of beginning; thence S58º33'19"E a distance of 49.54 feet; thence S89º16'18"E a distance of 136.19 feet; thence N54º42'24"W a distance of 21.99 feet; thence N84º42'24"W a distance of 161.19 feet to the point of beginning, containing an area of 0.06 acres, all located in the NW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

28.             No. 04CA059 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan by revising the South Robbinsdale Neighborhood Area Future Land Use Plan to change the land use designation on a 8.94 acre parcel from Planned Residential Development with 6.7 dwelling units per acre to Medium Density Residential with a Planned Residential Development on property described by metes and bounds starting from the center corner Section 24, Township 1 North, Range 7 East of the Black Hills Meridian, N84º19'06"W a distance of 840.15 feet to the point of beginning; thence N43º12'17"E a distance of 193.24 feet; thence N27º29'06"E a distance of 678.92 feet; thence S34º57'23"E a distance of 210.68 feet; thence along the arc of a curve to the left whose radius point bears N55º02'37"E, having a radius of 326.00 feet, a central angle of 54º27'18" and an arc length of 309.84 feet; thence S89º24'42"E a distance of 6.72 feet; thence N0º05'48"E a distance of 72.50 feet; thence N0º06'56"E a distance of 250.00 feet; thence S89º41'24"E a distance of 330.57 feet; thence N0º06'56"E a distance of 386.74 feet; thence N89º40'51"W a distance of 238.67 feet; thence N60º48'44"W a distance of 152.49 feet; thence along the arc of a curve to the right whose radius point bears N60º58'31"W, having a radius of 330.00 feet, a central angle of 25º22'18" and an arc length of 146.13 feet; thence S54º23'47"W a distance of 133.90 feet; thence S54º23'47"W a distance of 186.00 feet; thence S35º36'13"E a distance of 130.00 feet; thence S54º23'47"W a distance of 174.17 feet; thence S43º25'38"W a distance of 129.39 feet; thence S26º02'24"W a distance of 121.98 feet; thence S24º30'11"W a distance of 559.66 feet to the point of beginning, containing an area of 8.94 acres, all located in the SW1/4 SE1/4, NW1/4 SE1/4, NE1/4 SW1/4, and SE1/4 SW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

29.             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. 

30.             No. 04FV019 - A request by FMG Engineering for Menard, Inc. for a Fence Height Exception to allow a 13'4" high fence in the General Commercial Zoning District and within the 25' front yard setback on Lots 1, 2, 3 and 6, Tract A, Menard Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Eglin Street and East Anamosa Street. 

31.             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. 

32.             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. 

33.             No. 04PL146 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Preliminary Plat on Lots 11 thru 16 and Lots 31 thru 42, Minnesota Ridge Heights Subdivision, located in the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion and Tract R of NW1/4 SW1/4 located in the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 0.75 miles west of Fifth Street and Minnesota Avenue. 

34.             No. 04PL153 - A request by CETEC Engineering Services, Inc. for a Preliminary Plat on Lot 6 of Block 4, located in the SE1/4 NE1/4 and SW1/4 NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as a portion of Lot 5 Revised, Block 4 and half the vacated right-of-way of Spring Canyon Trail of Clarkson Subdivision, located in the SE1/4 NE1/4 and SW1/4 NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at 8503 Clarkson Road. 

35.             No. 04PL162 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 6, Block 3, Eastridge Estates Subdivision,  and dedicated street located in the NW1/4 NE1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Eastridge Subdivision Tract 1 and Outlot A, and previously unplatted land residing in W1/2 NE1/4 and E1/2 NW1/4, Section 24, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Enchanted Pines Road along Enchantment Road. 

36.             No. 04PL163 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 2A thru 7A and Lots 1B thru 7B Block 1, Estridge Subdivision, and Lots 1A thru 9A and Lots 1B thru 9B Block 2, all located in W1/2 NE1/4 and E1/2 NW1/4, Section 24, T1N, R8E, BHM Rapid City, Pennington County, South Dakota, legally described as a portion of Eastridge Subdivision Tract 1 and Outlot A, and previously unplatted land residing in W1/2 NE1/4 and E1/2 NW1/4, Section 24, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Enchanted Pines Road along Enchantment Road. 

37.             No. 04PL175 - A request by Gordon Howie for a Layout and Preliminary Plat on Lot 1R, Lot 9R, Well Lot A, and Well Lot B, Holy Cow Ranch Subdivision located in Government Lots 3 and 4, Section 19, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot 1 and Lot 9 of Holy Cow Ranch Subdivision located in Government Lots 3 and 4, Section 19, T1N, R9E, BHM, Pennington County, South Dakota, located at 23258 Radar Hill Road. 

38.             No. 04PL177 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1A thru 5A, 1B thru 5B, 1C thru 5C, and 2D thru 4D Block 21, and Lots 1A thru 5A, 1B thru 5B, 1C thru 5C, and 2D thru 4D Block 22, all located in SE1/4, NW1/4, of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of S1/2 Government Lot 3, Less Big Sky Subdivision and Less right-of-way; S1/2 Government Lot 4, located at the Intersection of Degeest and Homestead. 

39.             No. 04RZ048 - Second Reading, Ordinance No. 5000 - A request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Office Commercial District on property described by metes and bounds commencing at the center corner Section 24, Township 1 North, Range 7 East,  Black Hills Meridian, N28º31'52"E a distance of 1445.37 feet to the point of beginning; thence N78º01'29"E a distance of 97.70 feet; thence S89º42'24"E a distance of 105.65 feet; thence S84º42'24"E a distance of 179.38 feet; thence S54º42'24"E a distance of 249.16 feet; thence S83º15'56"E a distance of 116.68 feet; thence N3º22'06"E a distance of 6.07 feet; thence along the arc of a curve to the right whose radius points bears S86º37'54"E, having a radius of 220.67 feet, a central angle of 24º05'58" and an arc length of 92.82 feet; thence N27º28'05"E a distance of 278.96 feet; thence N62º31'55"W a distance of 353.42 feet; thence along the arc of a curve to the right whose radius points bears N27º28'05"E, having a radius of 1001.00 feet, a central angle of 25º27'54" and an arc length of 444.89 feet; thence N89º37'25"W a distance of 201.51 feet; thence S0º02'42"W a distance of 637.07 feet to the point of beginning, containing an area of 9.0 acres, all located in the SE1/4 SE1/4, NE1/4 SE1/4, SW1/4 SE1/4, and NW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

40.             No. 04RZ049 - Second Reading, Ordinance No. 5001 - A request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Medium Density Residential District on property described by metes and bounds commencing at the center corner Section 24, Township 1 North, Range 7 East,  Black Hills Meridian, N00º05'48"E a distance of 78.92 feet to the point of beginning; thence N0º05'48"E a distance of 507.96 feet; thence N0º06'56"E a distance of 250.00 feet; thence S89º41'24"E a distance of 330.57 feet; thence N0º06'56"E a distance of 386.74 feet; thence N89º40'51"W a distance of 238.67 feet; thence N60º48'44"W a distance of 152.49 feet; thence along the arc of a curve to the right whose radius points bears 60º58'31"W, having a radius of 330.00 feet, a central angle of 25º22'18" and an arc length of 146.13 feet; thence S54º23'47"W a distance of 319.90 feet; thence S35º36'13"E a distance of 130.00 feet; thence S54º23'47"W a distance of 174.17 feet; thence S43º25'38"W a distance of 129.39 feet; thence S26º02'24"W a distance of 121.98 feet; thence S24º30'11"W a distance of 559.66 feet; thence S89º42'31"E a distance of 837.63 feet to the point of beginning, containing an area of 17.1 acres, all located in the NW1/4 SE1/4, SW1/4 SE1/4, NE1/4 SW1/4, and SE1/4 SW1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

41.             No. 04RZ050 - Second Reading, Ordinance No. 5002 - A request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Office Commercial District on property described by metes and bounds beginning at the center corner Section 24, Township 1 North, Range 7 East,  Black Hills Meridian; thence S89º42'31"E a distance of 330.57 feet; thence N00º05'48"E a distance of 586.77 feet; thence N00º06'56"E a distance of 250.00 feet; thence N89º41'24"W a distance of 330.57 feet; thence S00º06'56"W a distance of 250.00 feet; thence S00º05'48"W a distance of 586.88 feet to the point of beginning, containing an area of 6.3 acres, all located in the SW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

42.             No. 04RZ051 - Second Reading, Ordinance No. 5003 - A request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Office Commercial District on property described by metes and bounds commencing at the center corner Section 24, Township 1 North, Range 7 East,  Black Hills Meridian, N21º41'03"E a distance of 898.69 feet to the point of beginning; thence S89º41'24"E a distance of 400.31; thence N00º03'21"E a distance of 397.36 feet; thence S80º17'36"W a distance of 61.38 feet; thence N89º40'51"W a distance of 339.42 feet; thence S00º06'56"W a distance of 386.74 feet to the point of beginning, containing an area of 3.6 acres, all located in the SW1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

43.             No. 04RZ052 - Second Reading, Ordinance No. 5004 - A request by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on property described by metes and bounds commencing at the center corner Section 24, Township 1 North, Range 7 East,  Black Hills Meridian, S89º42'31"E a distance of 330.57 feet to the point of beginning; thence S89º42'31"E a distance of 2148.29 feet; thence along the arc of a curve to the left whose radius points bears N28º20'02"W, having a radius of 191.00 feet, a central angle of 61º37'11" and an arc length of 205.41 feet; thence N0º02'46"E a distance of 204.74 feet; thence along the arc of a curve to the left whose radius points bears N89º57'14"W, having a radius of 897.00 feet, a central angle of 47º07'24" and an arc length of 737.74 feet; thence S42º55'22"W a distance of 221.48 feet; thence along the arc of a curve to the right whose radius points bears N47º04'38"W, having a radius of 400.00 feet, a central angle of 15º13'51" and an arc length of 106.33 feet; thence N59º06'14"W a distance of 479.65 feet; thence N83º15'56"W a distance of 396.62 feet; thence N54º42'24"W a distance of 248.48 feet; thence N84º42'24"W a distance of 163.80 feet; thence N89º42'24"W a distance of 99.09 feet; thence S80º17'36"W a distance of 58.13 feet; thence S0º03'21"W a distance of 397.36 feet; thence N89º41'24"W a distance of 400.31 feet; thence S0º06'56"W a distance of 250.00 feet; thence S0º05'48"W a distance of 586.78 feet to the point of beginning, containing an area of 50.7 acres, all located in the SW1/4 SE1/4 and SE1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

44.             No. 04RZ053 - Second Reading, Ordinance No. 5005 - A request by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on property described by metes and bounds commencing at the center corner Section 24, Township 1 North, Range 7 East,  Black Hills Meridian, N51º14'38"E a distance of 1781.74 feet to the point of beginning; thence S83º15'56"E a distance of 485.70 feet; thence N27º29'45"E a distance of 202.66 feet; thence N62º31'55"W a distance of 476.05 feet; thence S27º28'05"W a distance of 278.96 feet; thence along the arc of a curve to the left whose radius point bears S62º31'55"E, having a radius of 220.67 feet, a central angle of 24º05'58" and an arc length of 92.82 feet; thence S3º22'06"W a distance of 6.07 feet; to the point of beginning, containing an area of 3.2 acres, all located in the SE1/4 SE1/4 and NE1/4 SE1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

45.             No. 04RZ054 - Second Reading, Ordinance No. 5006 - A request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Medium Density Residential District on property described by metes and bounds commencing at the center corner Section 24, Township 1 North, Range 7 East,  Black Hills Meridian, N28º31'52"E a distance of 1445.37 feet to the point of beginning; thence N00º02'42"E a distance of 637.08 feet; thence along the arc of a curve to the right whose radius points bears N21º26'19"W, having a radius of 532.00 feet, a central angle of 21º46'57" and an arc length of 202.25 feet; thence N89º39'23"W a distance of 480.42 feet; thence S45º11'40"W a distance of 14.11 feet; thence S00º02'42"W a distance of 405.68 feet; thence along the arc of a curve to the right whose radius points bears N89º57'18"W, having a radius of 330.00 feet, a central angle of 24º38'03" and an arc length of 141.88 feet; thence S60º48'44"E a distance of 95.30 feet; thence S89º40'51"E a distance of 634.83 feet to the point of beginning, containing an area of 9.5 acres, all located in the NW1/4 SE1/4, and NE1/4 SW1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

46.             No. 04RZ055 - Second Reading, Ordinance No. 5007 - A request by Dream Design International, Inc. for a Rezoning from General Agriculture District to Public District on property described by metes and bounds commencing at the center corner Section 24, Township 1 North, Range 7 East,  Black Hills Meridian, N04º24'10"E a distance of 1226.78 feet to the point of beginning; thence N60º48'44"W a distance of 152.49 feet; thence along the arc of a curve to the left whose radius points bears N60º58'31"W, having a radius of 330.00 feet, a central angle of 4º20'43" and an arc length of 25.03 feet; thence S60º48'44"E a distance of 95.30 feet; thence S89º40'51"E a distance of 634.83 feet; thence N78º01'29"E a distance of 97.70 feet; thence S89º42'24"E a distance of 105.65 feet; thence S84º42'24"E a distance of 179.38 feet; thence S54º42'24"E a distance of 249.16 feet; thence S83º15'56"E a distance of 602.37 feet; thence N27º29'45"E a distance of 202.66 feet; thence S62º31'55"E a distance of 153.59 feet; thence along the arc of a curve to the right whose radius points bears S27º28'05"W, having a radius of 909.00 feet, a central angle of 15º27'17" and an arc length of 245.19 feet; thence S42º55'22"W a distance of 233.48 feet; thence along the arc of a curve to the right whose radius points bears 47º04'38"W, having a radius of 400.00 feet, a central angle of 15º13'51" and an arc length of 106.33 feet; thence N59º06'14"W a distance of 479.65 feet; thence N83º15'56"W a distance of 396.62 feet; thence N54º42'24"W a distance of 248.48 feet; thence N84º42'24"W a distance of 163.80 feet; thence N89º42'24"W a distance of 99.09 feet; thence S80º17'36"W a distance of 119.51 feet; thence N89º40'51"W a distance of 578.09 feet to the point of beginning, containing an area of 5.1 acres, all located in the NW1/4 SE1/4, SW1/4 SE1/4, SE1/4 SE1/4, and NE1/4 SW1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of Fifth Street and Catron Boulevard. 

47.             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. 

48.             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 the 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. 

49.             No. 04SV061 - A request by CETEC Engineering Services, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, pavement, sewer and street light conduit as per Chapter 16.16 of the Rapid City Municipal Code on Lot 6 of Block 4,  located in the SE1/4 NE1/4 and SW1/4 NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 5 Revised, Block 4 and half the vacated right-of-way of Spring Canyon Trail of Clarkson Subdivision, located in the SE1/4 NE1/4 and SW1/4 NE1/4, Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at 8503 Clarkson Road. 

50.             No. 04SV072 - A request by Sperlich Consulting, Inc. for Dave and Marjean Riter for a Variance to the Subdivision Regulations to waive the requirement to construct pavement, curb and gutter, sidewalk, street light conduit, sewer and water on Radar Hill Road and Holy Cow Ranch Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1R, Lot 9R, Well Lot A, and Well Lot B, Holy Cow Ranch Subdivision located in Government Lots 3 and 4, Section 19, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot 1 and Lot 9 of Holy Cow Ranch Subdivision located in Government Lots 3 and 4, Section 19, T1N, R9E, BHM, Pennington County, South Dakota, located at 23258 Radar Hill Road. 

Continue the following items until January 17, 2005:

51.             No. 04CA060 - A request by City of Rapid City for an Amendment to the Comprehensive Plan amending the Major Street Plan by eliminating and realigning several collector and arterial roads legally described as being all located in Sections 23, 24, 25, 26, 34, 35 and 36 in T1N, R7E, BHM, Pennington County, South Dakota, and Sections 19, 29, 30, 21 and 23, T1N, R8E, BHM, Pennington County, South Dakota, and Sections 1, 7, 8, 17 and 18, T1S, R8E, BHM, Pennington County, South Dakota, and more generally being described as being located south of US Highway 16B (Catron Boulevard), north of Spring Creek Road, east of US Highway 16 and west of SD Highway 79. 

52.             No. 04CA065 - A request by FMG Engineering for F&A Properties for an Amendment to the Comprehensive Plan to change the land use designation on a 3.5 acre parcel from Residential to General Commercial with a Planned Commercial Development legally described as part of the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, that lies within the following description:  Commencing at a 1/2" rebar at the northeast corner of Block 1 of Lakota Subdivision No. 1; thence S89º52'10"E, 235.82 feet to a ½" rebar at the northeast corner of the Unplatted Balance of the NE1/4 of the NW1/4 of Section 25; thence S00º02'17"E, 653.54 feet to a point at the southeast corner of the Unplatted Balance of the NE1/4 of the NW1/4 of Section 25; thence S89º57'12"W, 236.24 feet to a ½" rebar at the southeast corner of Block 1 of Lakota Subdivision No. 1; thence N00º00'05"W, 654.27 feet to a ½" rebar at the northeast corner of Block 1 of Lakota Subdivision No. 1 at the point of beginning: all located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located West of Haines Avenue, South of Mall Drive, North of Paha Sapa Drive, East of Lakota Homes. 

53.             No. 04PL154 - A request by Hewey Clemmons for a Layout Plat on Lots 1 thru 3 less right-of-way, less Lot H2, all located in the NW1/4 SW1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B less right-of-way, less Lot H2, all located in the NW1/4 SW1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5680 South Highway 79 

54.             No. 04PL165 - A request by Dream Design International, Inc. to consider an application for a Preliminary Plat on Lots 1 thru 7, Block 1; Lots 1 thru 9, Block 2; Lots 1 thru 49, Block 3; Lots 1 thru 19, Block 4; Lots 1 thru 31, Block 5; Lots 1 thru 2, Block 6; Lots 1 thru 2, Block 7; Lot 1, Block 8; dedicated streets and drainage lot all located in Section 28 and Section 29, T1N, R7E , BHM, Rapid City, Pennington County, South Dakota, legally described as NW1/4 NW1/4, SW1/4 NW1/4, and NE1/4 SW ¼ of Section 28 and the NE1/4 SE1/4, SE1/4 NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located approximately 1/4 mile north of the intersection of Dunsmore Road and Sheridan Lake Road. 

55.             No. 04RZ057 - Second Reading, Ordinance No. 5008 - A request by FMG Engineering for F&A Properties for a Rezoning from Low Density Residential District to General Commercial District on the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, that lies within the following description:  Commencing at a 1/2" rebar at the northeast corner of Block 1 of Lakota Subdivision No. 1; thence S89º52'10"E, 235.82 feet to a ½" rebar at the northeast corner of the Unplatted Balance of the NE1/4 of the NW1/4 of Section 25: thence S00º02'17"E, 653.54 feet to a point at the southeast corner of the Unplatted Balance of the NE1/4 of the NW1/4 of Section 25; thence S89º57'12"W, 236.24 feet to a ½" rebar at the southeast corner of Block 1 of Lakota Subdivision No. 1; thence N00º00'05"W, 654.27 feet to a ½" rebar at the northeast corner of Block 1 of Lakota Subdivision No. 1 at the point of beginning: all located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located West of Haines Avenue, South of Mall Drive, North of Paha Sapa Drive, East of Lakota Homes. 

56.             No. 04SV062 - A request by Hewey Clemmons for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and to provide additional pavement, along SD Highway 79 and to waive the requirement to install curb, gutter, sidewalk,  street light conduit, sewer and water along SD Highway 79 and to reduce the right-of-way width from 59 feet to 20 feet for the interior street and to waive the requirement to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the interior street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 3 less right-of-way, less Lot H2, all located in the  NW1/4 SW1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B less right-of-way, less Lot H2, all located in the  NW1/4 SW1/4 of Section 20, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5680 South Highway 79. 

57.             No. 04VR011 - A request by Lyle Henriksen for Chase & Company, LPI for a Vacation of Right-of-Way on a portion of Greenway Street right-of-way lying between the east line of Holcomb Avenue right-of-way and a line between the south corner of Lot 3 and the east corner of Lot 19 of Bock 1 of Millard Addition, located in NE1/4 of NE1/4 of Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Greenway Street between Holcomb Avenue and North Maple Avenue. 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

On-Sale Retail Liquor License 

58.             City of Rapid City dba Airport Lounge *, 4550 Terminal Road for a Retail On-Sale Liquor License

59.             Hotel Management Company, Inc dba Alex Johnson Hotel *, 523 Sixth Street for a Retail On-Sale Liquor License

60.             Jim Didier dba Alex Johnson (inactive), 523 Sixth Street for a Retail On-Sale Liquor License

61.             American Legion Home Association dba American Legion *, 818 E. St. Patrick for a Retail On-Sale Liquor License

62.             Porter Apple Company, Inc. dba Applebee’s *, 2160 Haines Avenue for a Retail On-Sale Liquor License

63.             Arrowhead Country Club dba Arrowhead Country Club *, 3675 Sheridan Lake Road for a Retail On-Sale Liquor License

64.             Blue Lantern Lounge, Inc. dba Blue Lantern Lounge *, 1200 E. St. Patrick Street for a Retail On-Sale Liquor License

65.             RC Boston Company, LLC dba Boston’s The Gourmet Pizza Restaurant., 625 E. Disk Drive for a Retail On-Sale Liquor License

66.             Karen J. Schumacher dba Brass Rail *, 624 St. Joe Street for a Retail On-Sale Liquor License

67.             Harlan Danielson dba Buck ‘N Gator Lounge *, 4095 Sturgis Road for a Retail On-Sale Liquor License

68.             Derby Advertising, Inc. dba Canyon Lake Chophouse *, 2720 Chapel Lane for a Retail On-Sale Liquor License

69.             Casa Del Rey, Inc. dba Casa Del Rey *, 1902 Mt. Rushmore Road for a Retail On-Sale Liquor License

70.             Retsel Corporation dba Cheers/Ramada Inn *, 1721 LaCrosse St. for a Retail On-Sale Liquor License

71.             Brinker Restaurant Corporation dba Chili’s Grill & Bar *, 2125 N. Haines Avenue for a Retail On-Sale Liquor License

72.             Alta-Lee, Inc. dba Clock Tower Lounge *, 2525 West Main Street for a Retail On-Sale Liquor License

73.             Colonial House, Inc. dba Colonial House Restaurant *, 2501 Rushmore Road for a Retail On-Sale Liquor License

74.             Martom Management, Inc. dba Days Inn *, 725 Jackson Boulevard for a Retail On-Sale Liquor License

75.             Hansen Investments, Inc, dba Diamond Dave’s Taco Co. *, 2200 N. Maple for a Retail On-Sale Liquor License

76.             Fraternal Order of Eagles dba Eagles, Fraternal Order *, 1410 Centre Street (Box 2521) for a Retail On-Sale Liquor License

77.             Elks dba Elks Lodge *, 3333 E. 39th Street for a Retail On-Sale Liquor License

78.             Fat Boys, Inc. dba Firehouse Brewing Company *, 610 Main Street for a Retail On-Sale Liquor License

79.             Harley’s Casino, Inc. dba Harley’s Casino *, 640 E. St. Patrick  for a Retail On-Sale Liquor License

80.             Kelly’s Sports Lounge II, Inc. dba Harold’s Prime Rib/Kelly’s II *, 318 East Boulevard for a Retail On-Sale Liquor License

81.             Wilburn-Powers, Inc. dba Horseshoe Bar, 1407 ½ E. North Street for a Retail On-Sale Liquor License

82.             Century Motels, Inc. dba Howard Johnson Express Inn, 1301 Omaha St., Suite 207 for a Retail On-Sale Liquor License

83.             Kurylas, Inc. dba Imperial Inn, 100 St. Joseph Street for a Retail On-Sale Liquor License

84.             Loretta Jo Heck dba Jo’s Lounge (inactive), 2110 Jackson Boulevard for a Retail On-Sale Liquor License

85.             Kelly’s Sports Lounge, Inc. dba Kelly’s Sports Lounge *, 825 Jackson Boulevard for a Retail On-Sale Liquor License

86.             Meadowood Lounge, Inc. dba Meadowood Lounge *, 3809 Sturgis Road for a Retail On-Sale Liquor License

87.             Loyal Order of Moose dba Moose, Loyal Order Of *, 841 St. Pat (Box 1137) for a Retail On-Sale Liquor License

88.             Sports Saloon, Inc. dba Murphy’s Bar *, 510 Ninth Street for a Retail On-Sale Liquor License

89.             Oasis Lounge, Inc. dba Oasis Lounge, 711 Main Street for a Retail On-Sale Liquor License

90.             Outback Midwest II, LP dba Outback Steakhouse *, 665 E. Disk Drive for a Retail On-Sale Liquor License

91.             Beshara Enterprises, Inc. dba Pirate’s Table *, 3550 Sturgis Road for a Retail On-Sale Liquor License

92.             Phatty McGees, Inc. dba Phatty McGees *, 321 Seventh Street for a Retail On-Sale Liquor License

93.             Poker Joe’s, Inc. dba Poker Joe’s, 211 Cambell Street for a Retail On-Sale Liquor License

94.             Steve Lester dba Quality Inn *, 1902 LaCrosse Street for a Retail On-Sale Liquor License

95.             WR Rapid City Ventures, LP dba Ramkota/Minerva’s *, 2211 LaCrosse Street for a Retail On-Sale Liquor License

96.             General Mills, Inc. dba Red Lobster Restaurant *, 120 Disk Drive for a Retail On-Sale Liquor License

97.             Chapter Home dba Retired Enlisted Association, The *, 1981 Centre Street for a Retail On-Sale Liquor License

98.             Entertainment, Inc. dba Robbinsdale Lounge *, 803 E. St. Patrick Street for a Retail On-Sale Liquor License

99.             Fox Family Enterprises, Inc. dba Rodeway Inn *, 2208 Mt. Rushmore Road for a Retail On-Sale Liquor License

100.         Rushmore Catering, Inc. dba Rushmore Plaza Holiday Inn *, 505 N. Fifth Street for a Retail On-Sale Liquor License

101.         Sanford’s Grub & Pub SD dba Sanford’s Grub & Pub *, 306 Seventh Street for a Retail On-Sale Liquor License

102.         Shooters, Inc. dba Shooters *, 2424 West Main Street for a Retail On-Sale Liquor License

103.         Joe N. Crawford dba Joe’s Place *, 4302 S. Highway 79 for a Retail On-Sale Liquor License

104.         Taira L. Hoeye dba St. Joe Pub, 710 St. Joe Street for a Retail On-Sale Liquor License

105.         Restech Partners, Inc. dba TGI Fridays, 2205 N. LaCrosse Street for a Retail On-Sale Liquor License

106.         LaCroix Investments, Inc. dba Time Out Lounge *, 615 E. North Street for a Retail On-Sale Liquor License

107.         Rushmore Post 1273 dba VFW *, 420 Main Street for a Retail On-Sale Liquor License

108.         Western Dakota Gaming, Inc. dba Valley Sports Bar *, 1865 S. Valley Drive for a Retail On-Sale Liquor License

109.         Cowboy Casino, Inc. dba Woody’s *, 826 Main Street for a Retail On-Sale Liquor License 

Off-Sale Package Liquor License 

110.         Albertsons, Inc. dba Albertsons, 855 Omaha Street for a Package Off-Sale Liquor License

111.         Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street for a Package Off-Sale Liquor License

112.         B & L, Inc. dba Boyd’s Liquor Mart, 909 E. St. Patrick Street for a Package Off-Sale Liquor License

113.         B & L, Inc. dba Boyd’s Liquor Mart, 2001 W. Main Street, No. 202 for a Package Off-Sale Liquor License

114.         Mills Drug, Inc. dba Boyd’s Liquor Mart, 1424 Mt. Rushmore Road for a Package Off-Sale Liquor License

115.         LaCroix Investments, Inc. dba Bus’s Bottle Shop, 615 E. North Street for a Package Off-Sale Liquor License

116.         Canyon Lake Liquors, Ltd. dba Canyon Lake Liquors, 4244 Canyon Lake Drive for a Package Off-Sale Liquor License

117.         Derby Advertising, Inc. dba Canyon Lake Chop House, 2720 Chapel Lane for a Package Off-Sale Liquor License

118.         Moyle Petroleum Company dba Common Cents Food Store, 2808 Sheridan Lake Road for a Package Off-Sale Liquor License

119.         Flannery Oil Company dba Corner Pantry-LaCrosse St., 2130 LaCrosse Street for a Package Off-Sale Liquor License

120.         SD Popcorn Company, Inc. dba Dakota’s Best, 445 Mt. Rushmore Road for a Package Off-Sale Liquor License

121.         Dan’s Super Market, Inc. dba Dan’s Super Market, 333 Third Street for a Package Off-Sale Liquor License

122.         RC Liquor, Inc. dba Family Thrift Liquors No. 273, 1516 E. St. Patrick Street for a Package Off-Sale Liquor License

123.         RC Liquor, Inc. dba FTC Express No. 657, 3460 Sturgis Road for a Package Off-Sale Liquor License

124.         Patricia Weaver dba Gas ‘N’ Snax, 418 Knollwood Drive for a Package Off-Sale Liquor License

125.         H & B, Inc. dba Hall Inn, 214 E. St. Joe Street for a Package Off-Sale Liquor License

126.         Merle Bach dba Hideaway, 1575 LaCrosse Street for a Package Off-Sale Liquor License

127.         Moyle Petroleum Company dba North Street Smoke Shop, 634 E. North Street for a Package Off-Sale Liquor License

128.         RC Liquor, Inc. dba Prairie Bottle Market, 13 New York Street for a Package Off-Sale Liquor License

129.         Retsel Corp. dba Ramada Inn Package Store, 1721 LaCrosse Street for a Package Off-Sale Liquor License

130.         Safeway Stores 46, Inc. dba Safeway Store No. 1154, 730 Mt. View Road for a Package Off-Sale Liquor License

131.         Safeway Stores 46, Inc. dba Safeway Store No. 581, 2120 Mt. Rushmore Road for a Package Off-Sale Liquor License

132.         Sam’s West, Inc. dba Sam’s Club, 1020 LaCrosse Street for a Package Off-Sale Liquor License

133.         Sooper Dooper Markets, Inc. dba Sooper Dooper No. 1, 909 E. St. Patrick for a Package Off-Sale Liquor License

134.         Thrifty Smoke Shop, Inc. dba Thrifty Smoke Shop, 718 East St. Patrick Street for a Package Off-Sale Liquor License

135.         Thrifty Smoke Shop, Inc. dba Thrifty Smoke Shop, 3030 W. Main Street for a Package Off-Sale Liquor License

136.         Wal-East Development dba Jackpot Casino Too, 1415 N. LaCrosse Ste. 3 for a Package Off-Sale Liquor License

137.         Staple & Spice Market, Inc. dba Staple & Spice Market, 601 Mt. Rushmore Rd. for a Package Off-Sale Liquor License 

On-Sale Retail Wine License 

138.         Faryat, Inc. dba Botticelli Ristorante, 523 Main Street for a Retail On-Sale Wine License

139.         Robert Johnson dba Canyon Lake Pub & Casino, 4116 Jackson Boulevard Retail On-Sale Wine License

140.         Keith & Dorla Brink dba Carini’s Italian Food, 324 St. Joe Street for a Retail On-Sale Wine License

141.         Mae Jean Adams dba The Corn Exchange, 727 Main Street for a Retail On-Sale Wine License

142.         Dan Trieu Ly dba Golden Fortune, 1204 E. North Street for a Retail On-Sale Wine License

143.         The, S&Y, Inc. dba Golden Phoenix, 2421 West Main Street for a Retail On-Sale Wine License

144.         Great Wall, Inc. dba Great Wall Chinese Restaurant, 315 E. North Street for a Retail On-Sale Wine License

145.         Chrisbro LLC dba Hampton Inn, 1720 Rapp Street for a Retail on-Sale Wine License

146.         Century Motels, Inc. dba Howard Johnson Express Inn, 950 North Street for a Retail On-Sale Wine License

147.         Great Wall, Inc. dba Imperial Chinese Restaurant, 702 E. North Street for a Retail On-Sale Wine License

148.         Museum Alliance of Rapid City dba The Journey Museum, 222 New York Street for a Retail On-Sale Wine License

149.         Dos Ermonas, Inc. dba LaCosta Mexican Restaurant, 603 Omaha Street for a Retail On-Sale Wine License

150.         Dick & Waneta Ragels dba Meadowbrook Golf Course, 3625 Jackson Boulevard for a Retail On-Sale Wine License

151.         TREA, Chapter 29 dba Northgate Bingo, 905 E. Philadelphia for a Retail On-Sale Wine License

152.         WR Rapid City Ventures, LP dba Oakleaf Beer Garden, 2211 LaCrosse Street for a Retail On-Sale Wine License

153.         Piesano’s Pacchia, Inc. dba Piesano’s Pacchia, 3618 Canyon Lake Dr. #33 for a Retail On-Sale Wine License

154.         Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive for a Retail On-Sale Wine License

155.         Ristorante Marsale LLC dba Ristorante Marsala, 609 Main Street for a Retail On-Sale Wine License

156.         Mai T. Goodsell dba Saigon Restaurant, 221 E. North Street for a Retail On-Sale Wine License

157.         Shotgun Willie’s dba Shotgun Willie’s, 2808 West Main Street for a for a Retail On-Sale Wine License

158.         Tamara Sellars & Pamela Light dba Wine Cellar 507, 507 Sixth Street for a Retail On-Sale Wine License 

On-Sale Retail Wine License Transfer 

159.         Tamara Sellars dba Wine Cellar Restaurant LLC, 513 Sixth Street for a Retail On-Sale Wine License Transfer from Tamara Sellars & Pamela Light dba Wine Cellar 507, 507 Sixth Street 

On-Off Sale Retail Malt Beverage License Transfer 

160.         SFS Productions, Jason Cox dba Venue Eight, 504 Mt. Rushmore Road for a Retail On-Off Sale Malt Beverage License Transfer from High Plains Securities dba The Reef, 504 Mt. Rushmore Road 

On-Sale Retail Wine & On-Off Sale Retail Malt Beverage Licenses NO Video Lottery 

161.         CEC Entertainment, Inc. dba Chuck E. Cheese’s, 30 Knollwood Drive for a Retail On-Sale Wine License and Retail On-Off Sale Malt Beverage License (Ineligible for video lottery) 

Set for Hearing (January 3, 2005) 

On-Sale Retail Liquor License

162.         Kathy Johnson dba Kathy Johnson, 3220 West Main for a Retail On-Sale Liquor License

163.         High Plains Securities, Inc. dba The Reef, 504 Mt. Rushmore Road for a Retail On-Sale Liquor License 

On-Off Sale Retail Malt Beverage License Transfer

164.         CCKT, Inc. dba King of Hearts Casino, 3030 West Main for a Retail On-Off Sale Malt Beverage License Transfer from Nelson’s Casino 

Special Malt Beverage and Wine License

165.         Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Wine License for used on January 8, 2005

166.         Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Wine License for used on January 15, 2005

167.         Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Wine License for used on January 22, 2005

168.         Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Wine License for used on January 28, 2005 

CONSENT CALENDAR ITEMS – 169-234 

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

Public Request for Removal of Items from Consent Calendar 

Request of Council Members to Remove items from the Consent Calendar 

Vote on Remaining Consent Items 

Public Comment on First Item Removed from Consent Calendar 

Council Discussion and Vote on Item 

Set for Hearing (None) 

Public Works Committee Consent Items

169.         Acknowledge South Dakota Department of Transportation Report on Exit 60

170.         Approve Proposal on upgrading anti-virus protection software to anti-spam and anti-sypware, identifying Council Contingency as a funding source.

171.         Authorize Mayor and Finance Officer to sign Amick Sound, Inc. Proposal for an amount not to exceed $2,050.00 for the Installation of Speakers and Volume Controls in Eight Offices in the Public Works Department.

172.         No. PW121404-01 Approve Change Order No. 2F for the Canyon Lake Reconstruction Project No. ST03-817 to Stanley J. Johnsen Concrete Contractor, Inc. for a decrease of $64,533.31.

173.         No. PW121404-02 Approve Change Order No. 1F for the West Boulevard Reconstruction Project No. ST03-1067 to Simon Contractors of South Dakota for an increase $45,591.36.

174.         No. PW121404-03 Approve Change Order No. 1F for the Street Division Sand/Salt Storage Building #3 Project No. IDP04-1408 to Lost Cabin/Lipp construction, LLC for a decrease of $964.75.

175.         No. PW121404-10 Authorize staff to advertise for bids for two (2) 2005 para-transit vehicles for Rapid Transit System.

176.         Approve a Resolution Declaring Property Surplus for two (2) 1999 transit vehicles

177.         No. PW121404-13 Authorize staff to advertise for bids for the purchase of automated residential collection containers in 2005.

178.         No. PW121404-05 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with CETEC Engineering to complete the Utility Plans and Details for Creek Drive Bridge Replacement Project No. ST04-1241 for an amount not to exceed $4,568.37.

179.         No. PW121404-11 Authorize Mayor and Finance Officer to Sign 2005 Renewal of the Contract with American Engineering Testing for an amount not to exceed $57,415.30.

180.         No. PW121404-12 Authorize Mayor and Finance Officer to Sign 2005 renewal of the landfill scale software maintenance contract for an amount of $1,400.00.

181.         PW121404-06 Request staff to send a letter to South Dakota Department of Transportation requesting additional street lighting at Cheyenne Boulevard/Elk Vale Road and signalization at Homestead Street/Elk Vale Road (Heartland Express).

182.         No. PW121404-08 Authorize staff to solicit proposals for an amendment to the 2002 Northeast Area Sanitary Sewer Analysis and 2000 East Anamosa Street Extension Study Project No. SS05-1442; CIP Project No. 50580.

183.         No. PW121404-09 Approve a Request to submit CY 2005 Capital/Operating assistance grant application to Federal Transit Administration (FTA) for financial assistance.

184.         No. 04TP023 Approve the 2005 Unified Planning Work Program.

185.         No. 04RD002 Approve with stipulations, a Resolution to change the road name from Hoefer Court to Julia Court as requested by petitioner Dean Kelly Construction on property described by metes and bounds Lots 17 thru 22, Block 3, Park Hill Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located west of the intersection of Churchill Street and Hoefer Avenue.

186.         No. 04VE022 Approve a Vacation of a portion of Major Drainage Easement for petitioner CETEC Engineering for Tim Wishard on Lots 3 and 4, Block 2, Skyview North Subdivision, E1/4 of SE1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the Skyview North Subdivision.

187.         No. 04TP034 Approve Amendment #05-002 to the 2005-2009 Transportation Improvement Program 

Legal & Finance Committee Consent Items

188.         No. LF121504-01 Approve reappointment of Duane Baumgartner and Mike Bender to the Historic Preservation Commission. 

189.         No. LF121504-01 Approve appointment of Ali DeMersseman to Historic Preservation Commission. 

190.         Approve appointment of Karen Gundersen Olson, Ray Hadley, and Tom Murphy to the Storm Water Phase II Steering Committee. 

191.         Approve Council’s intent to consider funding options in the future for the Black Hills Vision. 

192.         Approve the appointment of Jean French, Sam Kooiker, Karen Gundersen Olson, Ron Kroeger, and Malcom Chapman to the Safe Streets Initiative Task Force. 

193.         Approve appointment of Sam Kooiker, Bob Hurlbut, Bruce Rampleberg (3 years), Jim Bell (2 years), and Roger Gallimore (1 year) to the Consultant Selection Oversight Committee. 

194.         Approve appointment of Mike Forette, Pat Mexican, and Chris Heacock to the existing Deer Task Force. 

195.         Approve appointment of Jim Olson to the Library Board. 

196.         Approve reappointment of Duane Whalen to the Civic Center Board. 

197.         No. LF121504-03 Approve Event Permit for Mid West Shrine Convention to Hold a Parade on September 1, 2005. 

198.         No. LF121504-04 Approve a Resolution Writing Off Uncollectible Ambulance Billing Accounts. 

199.         No. LF121504-05 Authorize Mayor and Finance Officer to sign Real Estate Purchase Agreement with Teton Coalition, Inc. 

200.         No. LF121504-06 Approve a Travel Request for Barbara Garcia and Patsy Horton to attend the NeighborWorks Regional Training Institute in Denver, CO from February 7-11, 2005 in the amount of $3,079.36. 

201.         No. LF121504-16 Approve the purchase of four (4) Chevrolet Colorado Compact 4x4 Crew Cab Pickup Trucks from Beck Motors, Pierre, South Dakota under State Contract #070-42ACD2 in an amount not to exceed $74,424.00 for the Growth Management Department. 

202.         No. 04TP024 Authorize Mayor and Finance Officer to sign Addendum to Agreement 310639 with the South Dakota Department of Transportation extending the 1999 Unified Planning Work Program through December 31, 2005 in order to complete transportation planning activities. 

203.         No. 04TP025 Authorize Mayor and Finance Officer to sign Addendum to Agreement 310694 with the South Dakota Department of Transportation extending the 2000 Unified Planning Work Program through December 31, 2005 in order to complete transportation planning activities. 

204.         No. 04TP026 Authorize Mayor and Finance Officer to sign Addendum to Agreement 310734 with the South Dakota Department of Transportation extending the 2001 Unified Planning Work Program through December 31, 2005 in order to complete transportation planning activities. 

205.         No. 04TP027 Authorize Mayor and Finance Officer to sign Addendum to Agreement 310490 with the South Dakota Department of Transportation extending the 2002 Unified Planning Work Program through December 31, 2005 in order to complete transportation planning activities. 

206.         No. 04TP028 Authorize Mayor and Finance Officer to sign Addendum to Agreement 310820 with the South Dakota Department of Transportation extending the 2003 Unified Planning Work Program through December 31, 2005 in order to complete transportation planning activities. 

207.         No. 04TP029 Authorize Mayor and Finance Officer to sign Addendum to Agreement 310862 with the South Dakota Department of Transportation extending the 2004 Unified Planning Work Program through December 31, 2005 in order to complete transportation planning activities. 

208.         No. 04TP031 Authorize Mayor and Finance Officer to sign the Annual Agreement for 2005 between with the South Dakota Department of Transportation for accomplishing the Rapid City Area Transportation Planning Process from the Federal Transit Administration Section 5303 metropolitan planning funds in the amount of $80,952. 

209.         No. 04TP032 Authorize Mayor and Finance Officer to sign the Annual Agreement for 2005 between the City of Rapid City and the South Dakota Department of Transportation for accomplishing the Rapid City Area Transportation Planning Process from the Federal Highway Administration planning funds in the amount of $389,813.   

210.         No. 04TI013 Approve Resolution Creating Tax Increment District #50 on on the southern most 950 feet of I-190 right-of-way and the southern most 950 feet of West Boulevard right-of-way located in the SE1/4 SE1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the west 932 feet of the south 377 feet of the SE1/4 SE1/4 less the north 35 feet dedicated as Thrush Drive (including the vacated Gold Street and the north 45 feet of vacated Anamosa Street adjacent to said parcel) and the adjacent West Boulevard, I-190, Thrush Drive and Gold Street rights-of-way in the SE1/4 SE1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the NE1/4 NE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the S1/2 NE1/4 lying west and including the I-190 right-of-way, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Tract 17 less Lot H1, Rapid City Greenway Tract, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the SE1/4, Section 35, T2N, R7E, lying north of the Omaha Street right-of-way and west of I-190 right-of-way and the adjacent Omaha Street and I-190 rights-of-way located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and the northern most 160 feet of dedicated 12th Street lying south of Omaha Street located in the SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located in the northwest quadrant of Omaha Street and I-190. 

211.         No. 04TI014 Approve application for a Tax Increment District #50 - Project Plan on the southern most 950 feet of I-190 right-of-way and the southern most 950 feet of West Boulevard right-of-way located in the SE1/4 SE1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the west 932 feet of the south 377 feet of the SE1/4 SE1/4 less the north 35 feet dedicated as Thrush Drive (including the vacated Gold Street and the north 45 feet of vacated Anamosa Street adjacent to said parcel) and the adjacent West Boulevard, I-190, Thrush Drive and Gold Street rights-of-way in the SE1/4 SE1/4, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the NE1/4 NE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the S1/2 NE1/4 lying west and including the I-190 right-of-way, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Tract 17 less Lot H1, Rapid City Greenway Tract, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; the SE1/4, Section 35, T2N, R7E, lying north of the Omaha Street right-of-way and west of I-190 right-of-way and the adjacent Omaha Street and I-190 rights-of-way located in Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; and the northern most 160 feet of dedicated 12th Street lying south of Omaha Street located in the SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located in the northwest quadrant of Omaha Street and I-190. 

212.         No. LF121504-07 Approve designation of BankWest as Official Depository, in Addition to Those Designated by Previous Resolution. 

213.         No. LF121504-09 Authorize Mayor and Finance Officer to sign Memorandum of Agreement with University of South Dakota for the 2003 Evaluation of the Weed and Seed Program in the Amount of $1,700. 

214.         No. LF121504-10 Approve a Resolution Declaring Property Surplus. 

215.         No. LF121504-11 Approve a Resolution Establishing Fiscal Fee for Special Assessment Projects. 

216.         No. LF120104-28 Approve a Resolution to Amend the Non-Union Personnel Policy Appendix G with the Amendment to Allow Recourse to the Council if 90% of the Former Incumbent’s Salary is Exceeded. 

217.         No. CC122004-04 Approve a resolution to set the Council members salary at $12,000. 

218.         Approve a change to the travel policy to set meal rates the same as the state rates. 

219.         No. CC122004-05 Approve a Resolution authorizing one FTE in the Parks and Recreation Department for the position of assistant golf professional. 

220.         No. CC122004-06 Approve a Resolution Canceling Checks or Warrants Not Presented for Payment Within Two Years of Date of Issuance. 

221.         No. CC122004-07 Approve allocation of $7,320 from Council Contingency Fund to be used for operation of the Weed and Seed Program from January 1st through January 31st; and upon receipt of the Federal Grant money, the City will be reimbursed that amount. 

222.         No. LF121504-12 Approve a Resolution of Intent to Enter into Lease of Land with Canyon Lake Little League, Inc. (Pursuant to SDCL 9-12-5.2). 

223.         No. LF121504-13 Authorize funding in the amount of $2,500 to Contract with a Certified Aquatic Facility Operator Trainer to Provide Training for Swim Center Staff, January 14-15, 2005. 

224.         No. LF121504-15 Approve a request from Kenneth Krzyzanowski, d/b/a Mr. Rags Ice Cream, to Renew License Agreement for 2005. 

225.         Approve the following licenses:  Central Service Station:  Central Monitoring Service, Kenneth C. Knight; Criticom International Corp., Thomas J. Few; Grand Central Station, Denis Cooke; Midwest Alarm Co., Inc., Larry McMillen; WH International Response Center, Wendy Youngren; House Mover:  Warner Ghere, Ghere House Moving; Kent Hazelrigg; Geoff Hooper, Dakota Hills Housemoving; Kitty L. Johnson, The Royal Company, SD, Inc.; Mechanical Apprentice:  Trevor D. Williamson, Matt Wood; Metals and Gems:  Best Pawn, Inc., Bruce R. McKinney; Silver Mountain Coins, Jack Meyer; Pawn Shop:  Best Pawn, Inc., Bruce R. McKinney; Pawn With Us, Robert M. Tschetter; Pawn-Derosa-Pawn, Carol Allison; Plumbing Apprentice:  Greg Darrow, Shawn Paulson; Refuse Collection:  Fish Garbage Services, Inc., Clifford J. Fish; Sander Sanitation Service, Timothy J. Sander; Second Hand:  Best Pawn, Inc., Bruce R. McKinney; Ernie November’s, Inc., Steven Merry; Mick’s Scuba Center, Michael L. Gerhard; Play It Again Sports, Jim M. Thomson; Tires Tires Tires, Inc., Ron E. Tyrrell; Security Business:  Rochester Armored Car Co., Inc., Paul Cameron; Securitas Security Services, Inc., Donald C. Sneathen; Sewer and Water Installer Journeyman:  Daniel Sagdalen, Hills Construction.   Sewer and Water Contractor: Dan O’Brian. 

Planning Department Consent Items

226.         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 the 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. 

227.         No. 04PL135 - A request by Sperlich Consulting, Inc. for Paul Reinke for a Layout Plat on Lots 18 thru 20 of Copper Oaks No. 2, Lots 11 thru 13 Block 2, Lots 8 thru 12 of Block 3, Lots 1 thru 5 of Block 4, Lots 1 thru 8 of Block 5 and Lot A of Copper Oaks No. 3 Subdivision located in the NE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2NE1/4 less Right-of-way, unplatted balance of the SE1/4NE1/4, SW1/4NE1/4 less the south 23 feet of the east 240 feet of the west 593 feet the of SW1/4NE1/4, less Copper Oaks all located in Section 7, T1S, R7E, BHM, Pennington County, South Dakota, located along Wild Turkey Way and Quartz Canyon Lane.

 228.         No. 04PL157 - A request by Jeffrey L. Glanzer for a Layout Plat on Lots 1A and Lot 1B, Section 7, T1N, R9E, BHM, Pennington County, South Dakota, legally described as the S1/2 of Government Lot 3, located in S1/2 NW1/4 SW1/4 of Section 7, T1N, R9E, BHM, Pennington County, South Dakota, located at 23070 Radar Hill Road. 

229.         No. 04PL161 - A request by Sperlich Consulting, Inc. for Pat Hall for a Preliminary Plat on Lots 2R, 3R, 4R, and 5R, Block 1, Skyline Pines Subdivision, located in the E1/2 of the SE1/4 of Section 10, and the W1/2 of the SW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 2, 3, 4, and 5 of Block 1, Skyline Pines Subdivision, located in the E1/2 of the SE1/4 of Section 10, and the W1/2 of the SW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Pevans Parkway along Skyline Drive. 

230.         No. 04PL173 - A request by Lori Drabik-Angle Surveys for Ann Perry for a Preliminary Plat 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. 

231.         No. 04PL174 - A request by Patrick Hall for Donald Shultz, Frankie Schultz, Barbara Butler, Thomas Feye to consider an application for a Preliminary Plat on Tract B of Meadow View Subdivision, NW1/4, NE1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as an unplatted portion of NW1/4 NE1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota and a vacation of a 66 foot wide section line highway located between Tract C of Par Subdivision located in the SW1/4 SE1/4 of Section 23, T1N, R7E, BHM, and an unplatted portion of NW1/4 NE1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located on Catron Boulevard. 

232.         No. 04PL176 - A request by Don Wrede & Precision Surveying-Rick Bush for Robert Poeppel for a Preliminary Plat legally described as the balance of the N1/2 of Block 4 Feigels Subdivision and balance of S1/2 of Block 4 Feigels Subdivision all located in NE1/4, SE1/4, Section31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 900 E. Watertown. 

233.         No. 04SE004 - A request by Dream Design International, Inc. for a Special Exception to allow 106 dwelling units with one point of access in lieu of 40 dwelling units as per the Street Design Criteria Manual on the S1/2 NE1/4 of Section 23 and S1/2 NW1/4 NW1/4 of Section 24, all located in T2N, R7E, BHM, Rapid City, Pennington County South Dakota, located at the west end of Northridge Drive. 

Raffles

234.         Acknowledge Youth & Family Services Early Head Start Parent Association raffle of a Hope Chest to be held February, 2005 

END OF CONSENT CALENDAR 

PUBLIC HEARINGS 

235.         Dinosaur Park Concession Lease 

236.         Lease of Hammerquist Field to Back Hills Pong League 

237.         No. CC122004-09 Resolution of Necessity for Block 13 Alley Paving (West Boulevard Addition) Project No. ST04-1420 

238.         No. CC111504-04 Amended, a Resolution Levying Assessment for Parkview Drive Extension Project No. ST01-1006; and Tax Increment District information 

239.         No. 04CA042 Approve a request by the City of Rapid City to consider an application for an Amendment to the Comprehensive Plan to adopt the Rapid City Regional Airport Master Plan (on airport), dated January 2000 and Rapid City Regional Airport Master Plan Update (on airport), dated May 2004. 

240.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of additional pavement along Wilderness Canyon Road and Quartz Canyon Lane and to construct curb, gutter, sidewalk, street light conduit and sewer along the interior streets as they abut the unplatted balance of the N1/2NE1/4 less Right-of-way, unplatted balance of the SE1/4NE1/4, SW1/4NE1/4 less the south 23 feet of the east 240 feet of the west 593 feet of the SW1/4NE1/4, less cooper Oaks, all located in Section 7, T1S, R7E, BHM, Pennington County, South Dakota, more generally described as being located along Wild Turkey Way and Quartz Canyon lane.  (04SV053) 

241.         No. 04SV053 - A request by Sperlich Consulting, Inc. for Paul Reinke for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and to improve pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 18 thru 20 of Copper Oaks No. 2, Lots 11 thru 13 Block 2, Lots 8 thru 12 of Block 3, Lots 1 thru 5 of Block 4, Lots 1 thru 8 of Block 5 and Lot A of Copper Oaks No. 3 Subdivision located in the NE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2NE1/4 less Right-of-way, unplatted balance of the SE1/4NE1/4, SW1/4NE1/4 less the south 23 feet of the east 240 feet of the west 593 feet the of SW1/4NE1/4, less Copper Oaks, all located in Section 7, T1S, R7E, BHM, Pennington County, South Dakota, more generally described as being located along Wild Turkey Way and Quartz Canyon Lane. 

242.         Authorize the Mayor and Finance Office to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Radar Hill Road as it abuts the S1/2 of Government Lot 3, located in S1/2 NW1/4 SW1/4 of Section 7, T1N, R9E, BHM, Pennington County, South Dakota, located at 23070 Radar Hill Road. (04SV064) 

243.         No. 04SV064 - A request by Jeffrey L. Glanzer for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Radar Hill Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1A and Lot 1B, Section 7, T1N, R9E, BHM, Pennington County, South Dakota, legally described as the S1/2 of Government Lot 3, located in S1/2 NW1/4 SW1/4 of Section 7, T1N, R9E, BHM, Pennington County, South Dakota, located at 23070 Radar Hill Road. 

244.         No. 04SV070 - A request by Sperlich Consulting, Inc. for Ed Eisenbraun for a Variance to the Subdivision Regulations to waive the requirement to install the sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lot BR, Trailwood Village located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village, and Lot B of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: commencing at the northeasterly corner of Lot B of Trailwood Village, common to the southeasterly corner of Lot A of Trailwood Village, and common to a point on the westerly edge of the right-of-way of Covington Street, and the Point of Beginning; thence, first course:  S00º11'02"W, along the westerly edge of the previously dedicated right-of-way of said Covington Street, a distance of 83.43 feet, to a point of curve; thence, second course:  southerly, along the westerly edge of the previously dedicated right-of-way of said Covington Street, curving to the right on a curve with a radius of 520.00 feet, a delta angle of 27º14'44", an arc length of 247.27 feet, a chord bearing of S13º48'24"W, and a chord distance of 244.95 feet, to the southeasterly corner of said Lot B, common to the corner of the previously dedicated right-of-way of Avery Drive; thence, third course:  northwesterly, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, curving to the left on a curve with a radius of 2043.52 feet, a delta angle of 09º03'34", an arc length of 323.12 feet, a chord bearing of N60º34'20"W, and a chord distance of 322.78 feet; thence, fourth course, N24º53'53"E, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, a distance of 20.00 feet; thence, fifth course:  N65º06'07"W, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, a distance of 25.00 feet; thence sixth course:  S24º53'53"W, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, a distance of 20.00 feet; thence seventh course:  N65º06'07"W, along the northerly edge of the previously dedicated right-of-way of said Avery Drive, a distance of 10.00 feet, to a corner of said Lot B; thence eighth course:  N65º06'07"W, along the southerly edge of said Lot B, a distance of 72.70 feet, to the southwesterly corner of said Lot B of Trailwood Village; thence ninth course:  S68º57'27"W, a distance of 209.64 feet, to a point on the northerly edge of the right-of-way of SD State Highway 44; thence, tenth course:  N51º11'35"W, along the northerly edge of the right-of-way of SD State Highway 44, a distance of 103.00 feet, to the southwesterly corner of said Tract T of Trailwood Village; thence eleventh course:  N00º12'10"E, along the westerly boundary of said Tract T of Trailwood Village, common to the easterly boundary of a portion of the SW1/4 of the SW1/4 of said Section 10, a distance of 130.38 feet, to the southwesterly corner of said Lot A of Trailwood Village; thence, twelfth course:  S89º 48'58"E, along the southerly boundary of said Lot A of Trailwood Village, a distance of 275.84 feet, to the northwesterly corner of said Lot B of Trailwood Village, common to a point on the southerly boundary of said Lot A of Trailwood Village; thence thirteenth course:  S89º48'58"E, along the northerly boundary of said Lot B of Trailwood Village, common to the southerly boundary of said Lot A of Trailwood Village, a distance of 437.17 feet, to the northeasterly corner of Lot B of Trailwood Village, common to the southeasterly corner of Lot A of Trailwood Village, and common to a point on the westerly edge of the right-of-way of Covington Street, and the Point of Beginning; all located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the Corner of Covington and Avery Street. 

245.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water and sewer along Catron Boulevard as it abuts the unplatted portion of NW1/4 NE1/4 of Tract B of Meadow View Subdivision Section 26, T1N, R7E, located approximately 200 feet northeast of the Wellington Drive and Catron Boulevard intersection on the northwest side of Catron Boulevard.  (04SV071) 

246.         No. 04SV071 - A request by Patrick Hall for Donald Shultz, Frankie Shultz, Barbara Butler, Thomas Foye for a Variance to the Subdivision Regulation to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per chapter 16.16 of the Rapid City Municipal Code on the unplatted portion of NW1/4 NE1/4 of Tract B of Meadow View Subdivision Section 26, T1N, R7E, located approximately 200 feet northeast of the Wellington Drive and Catron Boulevard intersection on the northwest side of Catron Boulevard. 

247.         No. 04VR010 - A request by CETEC Engineering Services, Inc. for a Vacation of Right-of-Way on a portion of Spring Canyon Trail right-of-way located south of Mountain Pine Lane right-of-way adjacent to Lot 3 Block 5 and Lot 5 Revised Block 4 of Clarkson Subdivision; Tract 1 of Glessnor Addition; the unplatted balance of the N1/2 SE1/4; and the unplatted part of the S1/2 NE1/4 lying south of Lot 5 Revised of Clarkson Subdivision, all located in Section 31, T1N, R7E, BHM, Pennington County, South Dakota, located at 8503 Clarkson Road. 

GROWTH MANAGEMENT DEPARTMENT ITEMS 

ORDINANCES & RESOLUTIONS 

248.         No. LF121504-14 First Reading, Ordinance No. 5010 Modifying the Requirement for Connection to a Public Sewer by Amending Section 13.08.030 of the Rapid City Municipal Code.   

249.         No. LF121504-08 First Reading, Ordinance No. 5009 Regarding Supplemental Appropriation No. 4 for 2004.   

LEGAL & FINANCE COMMITTEE ITEMS 

250.         Allow the use of a City vehicle with lift for sharpshooters in the Deer Herd Management Plan to transport the deer. 

PUBLIC WORKS COMMITTEE ITEMS 

251.         No. PW110904-05 Approve Change Order No. 1F for Lange Road Sanitary Sewer Project Number SS03-1253 to Heavy Constructors, Inc. for an increase of $14,378.15 

252.         No. 04SE004 Deny a Special Exception to the Street Design Criteria Manual for petitioner Dream Design International, Inc. to allow 106 dwelling units with one point of access in lieu of 40 dwelling units in the S1/2 NE1/4 of Section 23 and S1/2 NW1/4 NW1/4 of Section 24, all located in T2N, R7E, BHM, Rapid City, Pennington County South Dakota, more generally described as being located at the west end of Northridge Drive. 

CIP COMMITTEE ITEMS 

FINANCE OFFICER’S ITEMS 

APPROVAL OF BILLS 

253.         No. CC122004-08 December 20, 2004 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

CITY ATTORNEY’S ITEMS 

254.         Executive Session 

255.         Proposed modifications to Atlantis, LLC Agreement 

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADJOURN