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5:45 P.M., Agenda Review for City Council and Department Heads in 3^rd floor West Conference Room (informal discussion; no action will be taken).
AGENDA FOR THE CITY COUNCIL
City of Rapid City, South Dakota

January 17, 2005 - 7:00 P.M.

ROLL CALL AND DETERMINATION OF QUORUM

INVOCATION

PLEDGE OF ALLEGIANCE

APPROVE MINUTES of December 20, 2004, January 3, January 10, 2005 Special Council

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1. Citizen of the Month

2. Veteran of the Month

3. 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.

4. Economic Development Report, Bob DeMersseman

BID OPENINGS AND AWARD

5. No. CC011705-00 Two New Current Model Year Transit Buses for RTS (open Monday, January 17, 2005; 2:00 P.M.)

ITEMS FROM THE MAYOR

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

6. Policies and Procedures in terms of length of Council meetings, Alderman French

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

CONTINUED ITEMS CONSENT CALENDAR – Items 7-37

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

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

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Continue the following items until February 7, 2005:

7. No. 04AN009 - A request by Dream Design International, Inc. for a Petition for Annexation on the W1/2 SE1/4 and SE1/4 SE1/4 and N1/2 NW1/4 SW1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

8. No. 04AN010 - A request by Dream Design International Inc. for a Petition for Annexation on the S1/2 NE1/4 SW1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

9. No. 04CA029 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change a Minor Arterial Street to a Collector Street on the Major Street Plan on the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

10. No. 04CA030 - A request by Dream Design International for an Amendment to the Comprehensive Plan to relocate a Collector Street on the Major Street Plan from the SE1/4 NW1/4 and the SW1/4 of Section 25, T1N, R7E to a right-of-way 76.00’ in width with centerline described as follows: Commencing at the found corner stamped R.L.S. No. 4208 of the Center ¼ of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; Thence N56º29’51”W along a non-visual line, 972.17’ to the True Point of Beginning; Thence S22º35’26”E 198.94 feet; Thence along a curve to the right having a radius of 526.00 feet, included angle of 23º53’35”, and a curve length of 219.35 feet; Thence S01º18’09”W 1438.43 feet; Thence along a curve to the right having a radius of 600.00 feet, included angle of 38º11’50”, and a curve length of 400.00 feet; thence S39º29’59”W 257.99 feet; Thence along a curve to the right having a radius of 850.00 feet, included angle of 38º11’50”, and a curve length of 566.67 feet; Thence S01º18’09”W 237.88 feet to a point on the south line of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. Said parcel containing 5.80 acres more or less and located in the SE1/4NW1/4 and E1/2SW1/4 of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of South Highway 16 and south of U.S. Higway 16B (Catron Boulevard).

11. 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.

12. 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.

13. No. 03PL063 - A request by Fisk Land Surveying and Consulting Engineers for Dakota Land Development for a Final Plat on Lots 1 thru 3, Vista Lake Subdivision #2, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 and a portion Lot F-1 of the Fish Hatchery Subdivision, located in the NE1/4 SW1/4 and the N1/2 SE1/4 of Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Jackson Boulevard north of the Fish Hatchery.

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

15. No. 04PL097 - A request by Dream Design International, Inc. for a Layout Plat on Hyland Park Subdivision, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

16. 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.

17. No. 04PL165 - A request by Dream Design International, Inc. 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, located approximately 1/4 mile north of the intersection of Dunsmore Road and Sheridan Lake Road.

18. 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.

19. No. 04PL184 - A request by Centerline, Inc. for Lazy P-6 Land Co. Inc. for a Layout Plat on Lots 1 thru 53, Lazy P-6 Land Company, Inc. Subdivision all located in N1/2, NW1/4, NW1/4, Government Lot 1, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as N1/2, NW1/4, NW1/4, Government Lot 1, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Parkview Drive and north of Catron Boulevard.

20. No. 04PL185 - A request by Black Hills Surveying for a Preliminary Plat on Lots 4 and 5 of Owen Hibbard Subdivision, all located in the W1/2, SW1/4, Section 23, T1N, R7E, BHM, Rapid City Pennington County, South Dakota, legally described as the unplatted portion of Tract A of Tract 1, all located in the W1/2, SW1/4, Section 23, T1N, R7E, BHM, Rapid City Pennington County, South Dakota, located at the intersection of Promise Road and Golden Eagle Drive.

21. No. 04PL190 - A request by Wasteline, Inc. for Century Resources for a Preliminary Plat on Lot 4 of Block 1, and Lots 1 thru 3 of Block 2, Menard Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the SE1/4 of the NW1/4 and the NE1/4 of the SW1/4, Section 32, T2N, R8E BHM, Rapid City, Pennington County, South Dakota, located at 1705 E Anamosa Street.

22. No. 04PL191 - A request by Fisk Land Survey & Consulting Engineers for Donald Potts for a Preliminary Plat on Lot 1 and Lot 2, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4 less Lot H1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6105 Covenant Drive.

23. No. 04PL192 - A request by Fisk Land Surveying & Consulting Engineers for a Preliminary Plat on Lot 3A revised and Block 11 of Fairway Hills Planned Residential Development, legally described as a tract of land located in the North One-Half of the Southwest One-Quarter (N½ SW¼) and in the Southwest One Quarter of the Northwest One-Quarter (SW¼ NW¼) of Section Fifteen (15), Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the southeast corner of Lot 29R of Fairway Hills P.R.D., as shown on the plat filed on February 17, 1984 and recorded in Plat Book 19 on Page 124, said corner being marked by a rebar with survey cap number 3095; thence, South 73 degrees 09 minutes 46 seconds East, more or less, a distance of 4.84 feet more or less, to a point along the westerly edge of Fairway Hills Drive right-of-way, as shown on the plat filed on March 10, 1986 and recorded in Plat Book 20 on Page 224, said corner being marked by a rebar with survey cap number 6565; thence, southerly and along the westerly edge of said Fairway Hills Drive right-of-way, South 16 degrees 50 minutes 14 seconds West, more or less, a distance of 160.90 feet, more or less to a point of curvature along said right-of-way, said point being marked by a rebar with survey cap number 6565; thence, continuing along the westerly edge of said Fairway Hills Drive right-of-way and curving to the right on a curve with a radius of 96.87 feet, a delta of 17 degrees, 55 minutes, 27 seconds, an arc length of 30.30 feet, a chord bearing of South 25 degrees 58 minutes 25 seconds West, more or less, and a chord distance of 30.18 feet, more or less, to a point of tangent on the westerly edge of said right-of-way, said point being marked by a rebar with survey cap number 6565; thence, continuing along the westerly edge of said Fairway Hills Drive right-of-way, South 34 degrees 46 minutes 00 seconds West, more or less, a distance of 496.97 feet, more or less to a point of curvature on said right-of-way, said point being marked by a rebar with survey cap number 6565; thence, continuing along the northwesterly edge of said Fairway Hills Drive right-of-way and curving to the right on a curve with a radius of 151.11 feet, a delta of 91 degrees 35 minutes 13 seconds, an arc length of 241.55 feet, a chord bearing of South 80 degrees 36 minutes 45 seconds West, more or less, and a chord distance of 216.64 feet, more or less, to a point of tangent along said right-of-way, said point being marked by a rebar with survey cap number 6565; thence, continuing along the northerly edge of said Fairway Hills Drive right-of-way, North 53 degrees 37 minutes 38 seconds West, more or less, a distance of 69.36 feet, more or less, to a point of curvature along said right-of-way, said point being marked by a rebar with survey cap number 6565; thence, continuing along the northerly edge of said Fairway Hills Drive right-of-way and curving to the left on a curve with a radius of 230.00 feet, a delta of 4 degrees, 41 minutes 57 seconds, an arc length of 18.86 feet, a chord bearing of North 56 degrees 09 minutes 17 seconds West, more or less and a chord distance of 18.86 feet, more or less, to a point on the northerly edge of said Fairway Hills Drive right-of-way, said point being marked by a rebar with survey cap number 6565; thence, continuing along the northerly edge of said Fairway Hills Drive right-of-way, as shown on the plat filed September 22, 2004 and recorded in Plat Book 32 on page 94, and curving to the left on a curve with a radius of 230.00 feet, a delta of 16 degrees 30 minutes 34 seconds, an arc length of 66.27 feet, a chord bearing of North 66 degrees 39 minutes 30 seconds West, more or less and a chord distance of 66.04 feet, more or less to a point on the northerly edge of said Fairway Hills Drive right-of-way, said point also being the southeast corner of Lot 16 of Block 10 of Fairway Hills PRD, as shown on the aforementioned plat, said point being marked by a rebar with survey cap number 6565; thence, northeasterly along the easterly line of said Lot 16 in Block 10 of Fairway Hills PRD, North 14 degrees 38 minutes 21 seconds East, more or less, a distance of 102.58 feet, more or less, to the northeast corner of said Lot 16, said corner being coincident with the southeast corner of Lot 15 of Block 10 of Fairway Hills PRD, and said corner being marked by a rebar with survey cap number 6565; thence, northeasterly along the easterly lot line of said Lot 15 in Block 10 of Fairway Hills PRD, North 14 degrees 38 minutes 21 seconds East, more or less, a distance of 83.44 feet, more or less to a point on the easterly lot line of said Lot 15, said point being marked by a rebar with survey cap number 6565; thence, northwesterly along the northeasterly lot line of said Lot 15 in Block 10 of Fairway Hills PRD, North 25 degrees 09 minutes 50 seconds West, more or less, a distance of 132.38 feet, more or less to the northerly corner of said Lot 15, said corner being coincident with the northeast corner of Lot 14 of Block 10 of Fairway Hills PRD and also coincident with the southeast corner of Lot 3B of Fairway Hills PRD, as shown on the plat filed July 9, 1980 and filed in plat Book 17, Page 189, and also coincident with the westerly lot line of Lot 3A of Fairway Hills PRD, as shown on the plat filed November 21, 1979 and recorded in Plat Book 17 on Page 132, said corner being marked by a rebar with survey cap number 1019; thence, northeasterly along the easterly lot line of said Lot 3B of Fairway Hills PRD and the westerly line of said Lot 3A of Fairway Hills PRD, North 17 degrees 55 minutes 58 seconds East, more or less, a distance of 191.15 feet, more or less, to a point on the easterly lot line of said Lot 3B and the westerly lot line of said Lot 3A, said point being marked by a rebar with survey cap number 6565; thence, northwesterly along the easterly lot line of said Lot 3B of Fairway Hills PRD and the westerly line of said Lot 3A of Fairway Hills PRD, North 20 degrees 01 minutes 18 seconds West, more or less, a distance of 326.69 feet, more or less to a point on the easterly lot line of said Lot 3B and the westerly lot line of said Lot 3A, said point being coincident with the southwest corner of Lot H1 of Lot 3A of Fairway Hills PRD as shown on the plat filed on August 30, 1991 and recorded in Book 8 of Highway Plats on Page 39, said corner being marked by a rebar with survey cap number 6565; thence, northeasterly along the southerly line of said Lot H1 of Lot 3A of Fairway Hills PRD, North 57 degrees 02 minutes 43 seconds East, more or less, a distance of 77.75 feet, more or less, to the southeasterly corner of said Lot H1 of Lot 3A, said point also being located on the northeasterly lot line of said Lot 3A of Fairway Hills PRD and also on the southwesterly line of Lot 2 of Fairway Hills PRD, as shown on the plat filed on November 30, 1977 and recorded in Plat Book 15 of Page 215; said corner being marked by a rebar with survey cap number 6565; thence, southeasterly along the northeasterly lot line of said Lot 3A of Fairway Hills PRD and along the southwesterly line of said Lot 2 of Fairway Hills PRD, South 22 degrees 24 minutes 27 seconds East, more or less, a distance of 100.94 feet, more or less, to a point on the northeasterly lot line of said Lot 3A and the southwesterly line of said Lot 2, said point being marked by a rebar with survey cap number 3095; thence, southeasterly along the northeasterly lot line of said Lot 3A of Fairway Hills PRD and along the southwesterly line of said Lot 2 of Fairway Hills PRD, South 40 degrees 29 minutes 56 seconds East, more or less, a distance of 133.62 feet, more or less, to a point on the northeasterly lot line of said Lot 3A and the southwesterly line of said Lot 2, said point being marked by a rebar with survey cap number 1019; thence, southeasterly along the northeasterly lot line of said Lot 3A of Fairway Hills PRD and along the southerly line of said Lot 2 of Fairway Hills PRD, South 76 degrees 54 minutes 53 seconds East, more or less, a distance of 221.11 feet, more or less, to a point on the northeasterly lot line of said Lot 3A, said point being coincident with the southeast corner of said Lot 2 of Fairway Hills PRD and also coincident with the westerly line of Lot 30 of Fairway Hills PRD, as shown on the plat filed February 17, 1984 and recorded in Plat Book 19 on page 124, said point being marked by a rebar with survey cap number 1019; thence, southerly along the easterly line of said Lot 3A of Fairway Hills PRD and along the westerly line of said Lot 30 of Fairway Hills PRD, South 08 degrees 05 minutes 24 seconds East, more or less, a distance of 102.89 feet, more or less, to a point on the easterly line of said Lot 3A, said point being coincident with the southwest corner of said Lot 30, said point being marked by a rebar with survey cap number 3095; thence, northeasterly along the southerly line of said Lot 30 of Fairway Hills PRD, North 76 degrees 46 minutes 01 seconds East, more or less, a distance of 105.59 feet, more or less to the southeast corner of said Lot 30, said corner also being coincident with the southwesterly corner of Lot 29R of Fairway Hills PRD, as shown on the plat filed February 17, 1984 and filed in Page Book 19 and Page 124, said corner being marked by a rebar with survey cap number 3095; thence, easterly along the southerly lot line of said Lot 29R of Fairway Hills PRD, North 76 degrees 42 minutes 20 seconds East, more or less, a distance of 161.03 feet, more or less, to a point on the southerly lot line of said Lot 29R, said point being marked by a rebar with survey cap 3095; thence, easterly along the southerly lot line of said Lot 29R of Fairway Hills PRD, North 87 degrees 22 minutes 22 seconds East, more or less, a distance of 66.97 feet, more or less, to the point of beginning. Said tract of land contains 8.00 acres, more or less, located west of Fairway Hills Drive and east of Sheridan Lake Road.

24. No. 04PL193 - A request by Daniel P. Wegner for a Preliminary Plat on Lots 4A and 4B of Tract 2 Revised, Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, legally described as Lot 4 of Tract 2 Revised, Cavern Crest Subdivision, Section 11, T1N, R6E, BHM, Pennington County, South Dakota, located at 2680 Cavern Road.

25. No. 04PL194 - A request by Sperlich Consulting, Inc. for Dennis Zandstra for a Preliminary and Layout Plat on Jolly Lane Right-of-Way extended south to section line, legally described as a portion of Tract 1 of Elks Country Estates, located in the SE1/4, of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Jolly Lane.

26. No. 04PL195 - A request by Gary and Donna Kluthe for a Preliminary Plat on Lots 1 thru 25 of Bridle Path Estates, Section 36, T1N, R6E, BHM, Pennington County, South Dakota, legally described as SE1/4 NE1/4 and NE1/4 NE1/4 lying south of County Road #C228 (Sheridan Lake Road) Less Lot W, all located in Section 36, T1N, R6E, BHM, Pennington County, South Dakota, located at 9425 Sheridan Lake Road.

27. No. 04PL197 - A request by Sperlich Consulting, Inc. for Doeck LLC for a Preliminary Plat on Lots 27 thru 55, Block 3, Lots 6 thru 11 Block 4, Lots 22 thru 32 Block 8, Auburn Hills Subdivision, located in the NW1/4 of the SW1/4, and the SW1/4 of the NW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SW1/4, and a portion of the SW1/4 of the NW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Auburn Drive and Charmwood Drive.

28. No. 04RZ037 - A request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on a parcel of land located in the W1/2 SE1/4 and the SE1/4SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

29. No. 04SV042 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, pavement, sewer, water and street light conduit; to waive the requirement to dedicate additional right-of-way; and, to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on the W1/2 SE1/4 and SE1/4 SE1/4 of Section 35, T1N, R7E, BHM, Pennington County, South Dakota, located east of South Highway 16 and south of Sammis Trail.

30. No. 04SV073 - A request by Wyss Associates, Inc. for Hart Ranch Development Co. for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1, 2R, 17R, 19, 20, 21R, 22R, 24R, 25, 26, 31A, 31B, 32A, 32B, 33A, 33B, 34A, 34B, Village on the Green #2 Subdivision, Sections 12 and 13, T1S, R7E, Pennington County, South Dakota, located east of Mulligan Mile and Hacker Horseshoe Loop.

31. No. 04SV075 - A request by Sperlich Consulting, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install the sidewalk and street light conduit on Teak Drive and sidewalk, curb, gutter, and streetlight conduit on Highway 44 as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Lot B of Block 16, Major Drainage Easement of Lot B of Block 16, and Public Access Easement of a portion of Lot B of Block 16, Trailwood Village, all located in the SE1/4, of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Lot B of Block 16 of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southwesterly corner of Lot B of Block 16 of Trailwood Village, common to the northeasterly corner of the intersection of the right-of-ways of SD State Highway 44, and Covington Street, and the Point of Beginning; thence, first course: N40º25'09"E, along the easterly edge of the right-of-way of said Covington Street, a distance of 140.36 feet, to a point of curve; thence, second course: northerly, along the easterly edge of said Covington Street, curving to the left on a curve with a radius of 600.00 feet, a delta angle of 8º34'58", an arc length of 89.88 feet, a chord bearing of N36º07'40"E, and chord distance of 89.79 feet, to a point on the easterly edge of the right-of-way of said Covington Street; thence, third course: S51º11'35"E, a distance of 461.43 feet, to a point on the easterly boundary of said Lot B of Block 16, common to a point on the westerly boundary of Lot B of Lot 2 of Ridgeview Place Subdivision; thence, fourth course: S38º38'57"W, along the easterly boundary of said Lot B of Block 16, common to the westerly boundary of said Lot B of Block 2 of Ridgeview Place Subdivision, a distance of 67.21 feet, to a point on the easterly boundary of said Lot B of Block 16, common to the southwesterly corner of said Lot B of Block 2 of Ridgeview Place Subdivision, and common to the northwesterly corner of Lot A of Block 2 of Ridgeview Place Subdivision; thence, fifth course: S38º53'52"W, along the easterly boundary of said Lot B of Block 16, common to the westerly boundary of said Lot A of Block 2 of Ridgeview Place Subdivision, a distance of 162.79 feet, to the southeasterly corner of said Lot B of Block 16, common to the southwesterly corner of said Lot A of Block 2 of Ridgeview Place Subdivision, and common to a point on the northerly edge of the right-of-way of SD State Highway 44; thence, sixth course: N51º11"35"W, along the southerly boundary of said Lot B of Block 16, common to the northerly edge of the right-of-way of said SD State Highway 44, a distance of 461.12 feet, to the northeasterly corner of the intersection of the right-of-ways of said SD State Highway 44, and said 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 intersection of SD State Highway 44 and Covington Street.

32. No. 04VR011 - A request by Lyle Henriksen for Chase & Company, LPI for a Vacation of Right-of-Way on that 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.

Continue the following items until February 21, 2005:

33. 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.

34. No. 04PL196 - A request by Davis Engineering, Inc. for Don and Cherril Brown for a Preliminary Plat on Lot 1 thru 5 of Tract SB revised of Springbrook Acres Subdivision located in SW1/4 NE1/4, and NW1/4 SE1/4, and SE1/4 NW1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract SB revised of Springbrook Acres Subdivision located in SW1/4 NE1/4, and NW1/4 SE1/4, and SE1/4 NW1/4, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Estates Drive.

35. No. 04CA060 - A request by the 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 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, 31 and 32, T1N, R8E, BHM, Pennington County, South Dakota, and Sections 1, 2, 3, 11 and 12, T1S, R7E, BHM, Pennington County, South Dakota, and Sections 5, 6, 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.

36. No. 04SE002 - A request by Daniel and Lori Smith for an 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.

37. 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 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.

End of Continued Items Consent Calendar

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

Special Malt Beverage and Wine License

38. Jackie Barr dba Rushmore Soccer Clubs, Inc. for a Special Malt Beverage and Wine License for use on February 5, 2005

Set for Hearing (February 7, 2005)

On-Sale Retail Liquor License Transfer

39. Shotgun Willies, Inc. dba Shotgun Willies for an On-Sale Retail Liquor License Transfer from Hotel Management Co.,, Inc. dba Jefferson Bar, 523 6^th Street

Special Malt Beverage and Wine License

40. Pennington County Democratic Party for a Special Malt Beverage and Wine License for use on February 18, 2005 at Prairie Edge Gallery

CONSENT CALENDAR ITEMS – 41-78

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

41. No. PW122804-03 Acknowledge report on the audio/video problems in Council/School Board Chambers.

42. No. CC010305-01 Affirm the decision of the Sign Code Board of Appeals with the additional variance to allow the sign to exceed the 30 foot height limit up to 37 feet for Herman F. Jones, Stagecoach West Sign Company, Inc.

43. No. PW011105-14 Acknowledge and accept the report from the Development Appeals Review Board (DARB) as it relates to the J&D Precast request to be considered an acceptable manhole manufacturer.

44. No. PW011105-14 Acknowledge and accept the report from the Development Appeals Review Board (DARB) as it related to resolving the Jehovah's Witness Church construction problems.

45. No. PW011105-02 Authorize the commitment of surety to be provided by the City of Rapid City up to $200,000 for the design and construction of the required improvements for the Owen Hibbard Subdivision of Lots 4 and 5.

46. No. PW011105-03 Accept the H-Lot and approve the Memorandum of Understanding with James N. Carpenter and Jami S. Carpenter as prepared by the City Attorney’s Office.

47. No. PW011105-04 Approve a Deed to the South Dakota Department Of Transportation, Lot H2 in a portion of the 100 ft. of Dedicated Right-of-Way known as Lange Road in the SW1/4 of Section 22, T2N, R7E of the BHM, Rapid City, Pennington County, SD., 3.35 acres, more or less.

48. No. PW011105-05 Approve Change Order No. 3F for the Catron Boulevard Sanitary Sewer Extension, Hwy 79 to 5^th Street Project No. SS01-1052 to Heavy Constructors Inc. for a decrease of $31,390.54.

49. No. PW011105-06 Authorize staff to advertise for bids for the completion of 2005 Mill and Overlays, Various Locations Project No. ST04-1431.

50. No. PW011105-07 Authorize Mayor and Finance Officer to sign Amendment No. 2F to the Professional Services Agreement with AET, Inc. for the 2003-2004 Geotechnical Investigations of various projects on the 2004 and 2005 CIP list for an amount not to exceed $12,746.00.

51. No. PW011105-09 Authorize Mayor and Finance Officer to sign a Professional Service Agreement with AET, Inc. for Geotechnical Services for the Mall Drive Transmission Main Extension and Alternate A-North Maple Water Extension Project No. W04-1260 for an amount not to exceed $14,194.00.

52. No. PW011105-10 Authorize Mayor and Finance Officer to sign Amendment No. 1 to the Professional Service Agreement with TSP Three, Inc. to provide engineering services for water and sewer reconstruction for Mt. View Road Utility Reconstruction, Jackson Boulevard to Omaha Street Project No. W05-1342 for an amount not to exceed $20,535.00.

53. No. 04SE005 Approve with stipulations an Exception to the Street Design Criteria Manual Section 8.2.1 and 8.2.3 for approach corner clearance from a driveway to a street intersection and driveway approach openings for petitioner Dean Kurtz Construction Company for Dakota Hills Veterinary Clinic on Lot A of Lot 3 of B of the SE1/4 of the NW1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located along Centre Street.

54. No. 04VE023 Approve a Vacation of Note on Plat for petitioner Fisk Land Surveying & Consulting Engineers on The N 318.90' of Loft 16 of the Replat of Block 31 of Nowlin & Wood Addition, excepting there from Lots H1, H2, and H3, N1/2, NW1/4, Section 31, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as The N 318.90' of Loft 16 of the Replat of Block 31 of Nowlin & Wood Addition, excepting there from Lots H1, H2, and H3, N1/2, NW1/4, Section 31, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located south of E Anamosa St. and west of N LaCrosse Street at the intersection.

55. No. 04SE007 Approve with stipulations an Exception to the Street Design Criteria Manual to reduce the separation between the arterial street and the alley driveway from 50 feet to 40 feet for petitioner Galloway, Romero and Associates on Lots 13-14 Less Lot H-1 Jones Tract and Lot 15-20, less Lot H-1 and less Tract A of Jones Tract of Block 2, NW1/4 NW1/4 Jones Tract, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1935 West Main Street.

56. No. PW011105-15 Authorize Mayor and Finance Officer to sign an Amendment to the Professional Service Agreement with Dream Design International for the Wetland Mitigation Plan.

57. No. PW011105-16 Authorize the submittal of the “Fairgrounds Bike Path Improvement Project" as a Transportation Enhancement Grant (ISTEA) application.

Legal & Finance Committee Consent Items

58. Approve Sending the Corridor Study for Tower Road to the MPO for Recommendation

59. No. LF011205-02 Approve appointment of Mike Diedrich to the Rushmore Plaza Civic Center Board.

60. No. LF011205-15 Approve Travel Request for Mayor Shaw, Tom Johnson, Ron Kroeger, Sam Kooiker, and Bob Hurlbut to attend National League of Cities Congressional City Conference, March 11-15, 2005, Washington, D.C. in the approximate amount of $11,930.

61. No. LF122804-04 Direct staff to work with the City Attorney’s Office and bring back a revised Resolution Adopting a Policy Whereby the Director of Public Works Can Grant Exceptions to the City of Rapid City’s Design Criteria Manual reflecting additional restrictions.

62. Change monthly updates to quarterly updates for Economic Development.

63. No. LF011205-03 Approve Travel Request for Cliff Peterson and Sean Doyle to attend EVOC Training School, Shelton, WA, April 18-22, 2004, in the approximate amount of $2,598.

64. No. LF011205-04 Approve Travel Request for James Johns to attend Critical Incident Training, Las Vegas, NV, March 12-17, 2004, in the approximate amount of $1,818.90.

65. No. LF011205-16 Authorize Mayor and Finance Officer to sign Addendum to Agreement with the group that accredits the Police Department

66. No. LF011205-05 Approve Travel Request for Dustin Willett and Jon Baldwin to attend EMS Today Conference, Philadelphia, PA, March 20-22, 2005, in the approximate amount of $2,500.

67. No. LF011205-06 Approve Travel Request for Bill Knight, Cody Rose, and Paul Johnson to attend Wildland Fire 2005 Conference, Albuquerque, NM, February 16-18, 2005, in the approximate amount of $3,150.

68. No. LF011205-07 Authorize Mayor and Finance Officer to sign Midcontinent Telecommunications Services Subscription Agreement to provide one internet connection to the Rapid City Growth Management Booth at the Rushmore Plaza Civic Center during the Black Hills Home Show, April 1, 2 and 3, 2005 in an amount not to exceed $145.00.

69. No. LF011205-13 Authorize Mayor and Finance Office to sign the Space Lease Agreement with Rushmore Plaza Civic Center for the Electrical Code Update meeting in an amount of $125 and sign the Food and Beverage Estimate Addendum in the estimated amount of $1,185.08.

70. No. LF011205-08 Approve recommendation regarding Allied Arts Allocation for City Subsidy to the Arts.

71. No. LF011205-14 Approve Resolution Establishing Encumbrances.

72. No. LF092904-08A Postpone Resolution Requiring a Final Survey be Provided Prior to Issuance of Certificate of Occupancy for Single Family Residences indefinitely.

73. Approve the following licenses: Central Service Station: Central Station, Inc., Don H. Minyard; Gas Fitting Apprentice: Robert C. Draine, William Flockhart; House Mover: Huntley Construction, Ron Huntley; Metals and Gems: Gun Haven, Douglas L. Kinniburgh; Mobile Home Court: Ash Avenue Mobile Home Park, Nancy Robrahn; Brookdale Mobile Home Estates, Brenda Draper; Pawn Shop: Gun Haven, Douglas L. Kinniburgh; Plumber: Vince Gross; Plumbing Contractor: William Howell, Wilmar Plumbing; Residential Contractor: Beck Construction, Roger Beck; Wellbuilt Construction, Lyn Waldie; Second Hand: Gun Haven, Douglas L. Kinniburgh; Sound Bytes Music, Thomas Anderson; Traders Corner, LLC, Laura Elaine Kinser; Security Business: Aramark Facility Services, Michael D. Gebeke; Discovery Investigation Services, Michael J. Jacob; Peace Keeper Security, Inc., Ryan R. Schuler; S & K Security Specialists, Inc., Steven L. Dary; Sewer and Water Installer Contractors: Kevin Bowman, YJC Excavating & Landscaping, Inc.; Wade Wasserburger, Black Hills Construction, Inc.; Taxi Business: Mark P. Huffman, Dial-A-Driver; Travel Park: Lake Park Campground & Cottage, Sherry & Scott Nelson.

Growth Management Department Consent Items

74. 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.

75. No. 04PL186 - A request by Sperlich Consulting, Inc. for a Preliminary Plat on Lots 1 and 2 of Lot B of Block 16, Major Drainage Easement of a portion of Lot B of Block 16, and Public Access Easement of a portion of Lot B of Block 16, Trailwood Village, all located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Lot B of Block 16 of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southwesterly corner of Lot B of Block 16 of Trailwood Village, common to the northeasterly corner of the intersection of the right-of-ways of SD State Highway 44, and Covington Street, and the Point of Beginning; thence, first course: N40º25'09"E, along the easterly edge of the right-of-way of said Covington Street, a distance of 140.36 feet, to a point of curve; thence, second course: northerly, along the easterly edge of said Covington Street, curving to the left on a curve with a radius of 600.00 feet, a delta angle of 8º34'58", an arc length of 89.88 feet, a chord bearing of N36º07'40"E, and chord distance of 89.79 feet, to a point on the easterly edge of the right-of-way of said Covington Street; thence, third course: S51º11'35"E, a distance of 461.43 feet, to a point on the easterly boundary of said Lot B of Block 16, common to a point on the westerly boundary of Lot B of Lot 2 of Ridgeview Place Subdivision; thence, fourth course: S38º38'57"W, along the easterly boundary of said Lot B of Block 16, common to the westerly boundary of said Lot B of Block 2 of Ridgeview Place Subdivision, a distance of 67.21 feet, to a point on the easterly boundary of said Lot B of Block 16, common to the southwesterly corner of said Lot B of Block 2 of Ridgeview Place Subdivision, and common to the northwesterly corner of Lot A of Block 2 of Ridgeview Place Subdivision; thence, fifth course: S38º53'52"W, along the easterly boundary of said Lot B of Block 16, common to the westerly boundary of said Lot A of Block 2 of Ridgeview Place Subdivision, a distance of 162.79 feet, to the southeasterly corner of said Lot B of Block 16, common to the southwesterly corner of said Lot A of Block 2 of Ridgeview Place Subdivision, and common to a point on the northerly edge of the right-of-way of SD State Highway 44; thence, sixth course: N51º11"35"W, along the southerly boundary of said Lot B of Block 16, common to the northerly edge of the right-of-way of said SD State Highway 44, a distance of 461.12 feet, to the northeasterly corner of the intersection of the right-of-ways of said SD State Highway 44, and said 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 SD State Highway 44 and Covington Street.

76. No. 04PL188 - A request by Rhonda Haskell for a Preliminary Plat on Lots 40R and 41R, Block 6, Hall Subdivision, located in Government Lot 3, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as west half of Lot 38, and all of Lots 29 thru 41 in Block 6, Hall Subdivision located in Government Lot 3, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4030 Hall Street.

77. No. 04PL198 - A request by FMG, Inc. for Bill Freytag for a Preliminary Plat on Lot 1 of Block 1; Lots 1-10 of Block 2; Lots 1-20 of Block 3; Lots 1-11 of Block 4, and Lot 1 of Block 5; all of Kateland Subdivision, and dedicated public right-of-ways shown as Country Road, Kateland Street, Roberta Street, and Earleen Street located in the SE1/4 SW1/4 of Section 13 and the NE1/4 NW1/4 of Section 24, all in T2N, R7E, Rapid City, Pennington County, South Dakota, legally described as Lots 12 and 13 of Madisons Subdivision located in the SW1/4 of Section 13, T2N, R7E, BHM and the unplatted balance of the NE1/4 of the NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Mallridge Subdivision.

Raffles

78. Acknowledge Fellowship of Christian Trailriders International, Inc. request to conduct a raffle beginning February 2, 2005 until October 1, 2005 for a saddle valued at $1,000

END OF CONSENT CALENDAR

PUBLIC HEARINGS

79. 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 on that 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.

80. No. 04CA066 - A request by Don Wrede-TSP for Rob Poeppel for a Comprehensive Plan Amendment to change the North Rapid Neighborhood Area Future Land Use plan for a 2.56 acre parcel of land from Light Industrial to Medium Density Residential with a Planned Residential Development on all that portion of Block 4 of Feigel Subdivision, located in the NE1/4, SE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, as shown by the plat of record, more particularly described as follows: commencing at the southwest corner of Lot 2, Block 4 of Feigel Subdivision; thence S89º58'42"W along the south boundary of Block 4 a distance of 250 feet; thence N00º00'01" W a distance of 290.17 feet; thence N89º57'41"E parallel with the north boundary of Block 4, a distance of 249.65 feet; thence S00º00'01"E along the west boundary of Lots 1 and 2, Block 4 of Feigel Subdivision, a distance of 290.14 feet to the point of beginning, located at 900 E. Watertown Street.

81. 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.

82. No. 04SV074 - A request by Rhonda F. Haskell for a Variance to the Subdivision Regulations to allow a lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 40R and 41R, Block 6, Hall Subdivision, located in Government Lot 3, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as west half of Lot 38, and all of Lots 29 thru 41 in Block 6, Hall Subdivision located in Government Lot 3, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4030 Hall Street.

83. No. 04SV076 - A request by FMG, Inc. for Bill Freytag for a Variance to the Subdivision Regulations to waive the requirement to install sidewalks on both sides of Country Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Block 1; Lots 1-10 of Block 2; Lots 1-20 of Block 3; Lots 1-11 of Block 4, and Lot 1 of Block 5; all of Kateland Subdivision, and dedicated public right-of-ways shown as Country Road, Kateland Street, Roberta Street, and Earleen Street located in the SE1/4 SW1/4 of Section 13 and the NE1/4 NW1/4 of Section 24, all in T2N, R7E, Rapid City, Pennington County, South Dakota, legally described as Lots 12 and 13 of Madisons Subdivision located in the SW1/4 of Section 13, T2N, R7E, BHM and the unplatted balance of the NE1/4 of the NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Haines Avenue and north of Mallridge Subdivision.

84. 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, sewer and pavement along Elm Avenue as it abuts Lot B of N1/2 of Government Lot 4 less Craig Estates all located in Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. (04SV077)

85. No. 04SV077 - A request by Sperlich Consulting, Inc. for Jim Scull for a Variance to the Subdivision Regulations to waive requirement to dedicate additional right-of-way and to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement along Elm Avenue as it abuts the subject property as per chapter 16.16 of the Rapid City Municipal Code on Lot B of N1/2 of Government Lot 4 less Craig Estates all located in Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the intersection of Elm Avenue and Field View Drive.

86. No. 04VR012 - A request by Don Wrede (TSP) & Rick Bush Precision Surveying for Robert Poeppel for a Vacation of Public Right-of-Way on the alley located adjacent to Lot 1 and 2 Block 4 of Feigels Subdivision, balance of N1/2 of Block 4 Feigels Subdivision, and balance of S1/2 of Block 4 Feigels Subdivision, all located in Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 900 East Watertown and 625 Riley Ave.

GROWTH MANAGEMENT DEPARTMENT ITEMS

87. Exception to allow platting within a study area – Elks Country Estates (04PL194)

ORDINANCES & RESOLUTIONS

88. No. LF121504-14 Second 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.

89. No. LF011205-10 First Reading, Ordinance No. 5016 Amending Section 10.04.050 of Chapter 10.04 and Section 10.40.040 of Chapter 10.40 and Sections 10.44.010 and 10.44.150 of Chapter 10.44 of the Rapid City Municipal Code Relating to Parking.

90. No. LF011205-11 First Reading, Ordinance No. 5017 Modifying When a Firearm is Permitted to be Discharged within the City of Rapid City by Amending Section 9.28.050 of the Rapid City Municipal Code.

91. No. LF011205-09 First Reading, Ordinance No. 5018 Regarding Supplemental Appropriation No. 1 for 2005.

92. No. LF011205-12 First Reading, Ordinance No. 5019 Amending the City of Rapid City’s Municipal Non-Ad Valorem Sales Tax Ordinance by Amending Sections 3.16.010 of the Rapid City Municipal Code.

93. No. 04RZ063 – First Reading, Ordinance No. 5020, a request by Fisk Engineering for Bailey Associates, Inc. for a Rezoning from Public District to Light Industrial District on the unplatted SW1/4 SW1/4, Section 26, T2N, R7E, BHM, and the unplatted E1/2 NE1/4, Section 34, T2N, R7E, BHM, and the unplatted SE1/4 SE1/4, Section 27, T2N, R7E, BHM, all located in Rapid City, Pennington County, South Dakota, located east of Rand Road and south of South Plaza Drive.

94. No. 04RZ064 - First Reading, Ordinance No. 5021, a request by Dan McFarland for Jeff and Patty Griffith for a Rezoning from Low Density Residential District to Low Density Residential-II District on Lots 1 and 2, Block 85, Mahoney Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of MacArthur Street and Wood Avenue.

95. No. 04RZ065 - First Reading, Ordinance No. 5022, a request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on a parcel of land located in the NE1/4 SW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota being more particularly described as follows: beginning at a point on the center quarter corner of Section 3, T1N, R8E, BHM, being the Point of beginning S00º16'47"E 34.02 feet; thence S00º09'17"E 87.56 feet; thence S00º08'51"E 180.13 feet; thence N68º17'52"W 743.68 feet; thence S89º56'03"W 111.76 feet; thence N00º09'17"W 26.01 feet; thence N89º56'03"E 802.06 feet; to the Point of Beginning; containing 2.67 acres more or less, located south of Homestead Street between Degeest Street and Aurora Drive.

96. 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 that 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.

97. No. 04RZ059 – Second Reading, Ordinance No. 5012, a request by Nathan Barton for Century Resources for a Rezoning from Genearl Agriculture District to General Commercial District on property located in the NE1/4 SW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, described by metes and bounds beginning at Point A, a point halfway between the Center of the section and the West quarter-corner of Section 32, T2N, R8E, BHM, Pennington County, SD: Course the first: A distance of 620.12 feet S89º42’55”E, thence Course the second: A distance of 249.26 feet S45º21’03” W, thence Course the third: A distance of 97.94 feet S45º21’03”W, thence Course the fourth: A distance of 115.86 feet N44º38’57”W, thence Course the fifth: A distance of 75.20 feet (arc) with a radius of 240.00 feet at an included angle of 17º57’14” (and with a chord of 74.96 feet S08º58’37”W), thence Course the sixth: A distance of 377.30 feet S00º00’00”W, thence Course the seventh: A distance of 280.00 feet S90º00’00”W, thence Course the eighth: A distance of 518.58 feet N00º15’40”E, thence Course the ninth: A distance of 97.36 feet N00º00’00”E, to the Point of Beginning (Point A), EXCEPT: That portion of the parcel to be included in Lot 4 of Block 1, Menards Subdivision, more particularly described as: Beginning at Point B, 418.18 feet S89º42’55”E of Point A above, Course the first: A distance of 202.35 feet S89º42’55”E, thence Course the second: A distance of 249.26 feet S45º21’03”W, thence Course the third: A distance of 97.94 feet S45º21’03”W, thence Course the fourth: A distance of 115.86 feet N44º38’57”W, thence Course the fifth: A distance of 102.25 feet (arc) with a radius of 240.00 feet at an included angle of 24º26’03” (and with a chord of 101.58 feet N30º10’15”E), thence Course the sixth: A distance of 105.92 feet N45º06’20”E, to the point of beginning (Point B); and property located in the S1/2 NW1/4 of Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota described by metes and bounds beginning at Point A, a point halfway between the Center of the Section and the West quarter-corner of Section 32, T2N, R8E, BHM, Pennington County, SD: Course the first: A distance of 192.51 feet N89º42’55”W, thence Course the second: A distance of 407.48 feet N49º12’20”E, thence Course the third: A distance of 180.58 feet N49º12’20”E, thence Course the fourth: A distance of 134.60 feet S73º03’09”E, thence Course the fifth: A distance of 187.83 feet S44º45’07”E, thence Course the sixth: A distance of 21.23 feet S00º25’07”W, thence Course the seventh: A distance of 60.03 feet S44º39’53”E, thence Course the eighth: A distance of 21.15 feet S89º50’22”E, thence Course the ninth: A distance of 55.09 feet S44º38’49”E, thence Course the tenth: A distance of 83.19 feet S45º58’34”E, thence Course the eleventh: A distance of 79.08 feet S45º21’03”W, thence Course the twelfth: A distance of 620.12 feet N89º42’55”W, to the Point of Beginning (Point A), EXCEPT: That portion of the parcel to be included in Lot 4 of Block 1, Menards Subdivision, more particularly described as: Beginning at Point B 418.18 feet S89º42’55”E of Point A above, Course the first: A distance of 202.35 feet S89º42’55”E, thence Course the second: A distance of 79.08 feet N45º21’03”E, thence Course the third: A distance of 83.19 feet N45º58’34”W, thence Course the fourth: A distance of 55.09 feet N44º38’49”W, thence Course the fifth: A distance of 7.91 feet N89º50’22”W, thence Course the sixth: A distance of 214.80 feet S45º06’20”W, to the point of beginning (Point B), located at 1705 East Anamosa Street.

98. No. 04RZ060 – Second Reading, Ordinance No. 5013, a request by Dream Design International, Inc. for Stoneridge, LLC for a Rezoning from General Agriculture District to Low Density Residential District on a tract of land located in the E1/2 NW1/4, Section 24, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota more particularly described as follows: beginning at a point from which the N1/4 corner of Section 24 bears N10º20'40"E a distance of 1687.43 feet; thence S54º23'47"W a distance of 200.17 feet; thence S43º25'38"W a distance of 129.39 feet; thence S28º28'50"W a distance of 47.17 feet; thence S24º30'11"W a distance of 687.14 feet; thence N00º01'08"E a distance of 313.68 feet; thence N24º30'11"E a distance of 401.67 feet; thence on a curve turning to the right with an arc length of 245.22', a radius of 470.00 feet a chord bearing of N39º26'59"E and a chord length of 242.45 feet; thence N 54º23'47"E a distance of 138.17 feet; thence S80º36'13"E a distance of 14.14 feet; thence N54º23'47"E a distance of 52.00 feet; thence S35º36'13"E a distance of 120.00 feet to the point of beginning; said tract containing 2.85 acres more or less, located east of Enchantment Road.

99. No. 04RZ061 – Second Reading, Ordinance No. 5014, a request by Dream Design International, Inc. for Stoneridge, LLC for a Rezoning from General Agriculture District to Low Density Residential District on a tract of land located in the W1/2 NE1/4 and E1/2 NW1/4 Section 24, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: beginning at a point from which the N1/4 corner of Section 24 bears N08º00'26"W a distance of 706.96 feet; thence S00º02'42"W a distance of 470.11 feet; thence S14º43'10"W a distance of 65.38 feet; thence S17º41'04"W a distance of 69.06 feet; thence S27º00'4'11"W a distance of 27.99 feet; thence S33º16'59"W a distance of 66.85 feet; thence S45º06'34"W a distance of 65.81 feet; thence S50º59'02"W a distance of 69.64 feet; thence S54º23'47"W a distance of 283.94 feet; thence N35º36'13"W a distance of 90.00 feet; thence N09º23'47"E a distance of 14.14 feet; thence N54º23'47"E a distance of 150.00 feet; thence N35º36'13"W a distance of 168.00 feet; thence N54º23'47"E a distance of 133.90 feet; thence N50º25'57"E a distance of 22.40 feet; thence N39º52'17"E a distance of 37.22 feet; thence N26º41'30"E a distance of 37.14 feet; thence N13º31'37"E a distance of 37.14 feet; thence N00º11'58"E a distance of 435.55 feet; thence S89º57'18"E a distance of 90.00 feet; thence S89º39'23"E a distance of 88.00 feet; thence S89º39'23"E a distance of 90.00 feet to the point of beginning; said tract containing 5.49 acres more or less, located north of Enchantment Drive and south of Enchanted Pines Drive.

100. No. 04RZ062 – Second Reading, Ordinance No. 5015, a request by Don Wrede-TSP for Rob Poeppel for a Rezoning from Light Industrial District to Medium Density Residential District on all that portion of Block 4 of Feigel Subdivision located in the NE1/4 SE1/4 of Section 31, T2N, R8E, BHM, Pennington County, Rapid City, South Dakota, as shown by the plat of record, more particularly described as follows: commencing at the southwest corner of Lot 2, Block 4 of Feigel Subdivision; thence S89º58'42"W along the south boundary of Block 4 a distance of 250 feet; thence N00º00'01"W a distance of 290.17 feet; thence N89º57'41"E parallel with the north boundary of Block 4, a distance of 249.65 feet; thence S00º00'01"E along the west boundary of Lots 1 and 2, Block 4 of Feigel Subdivision, a distance of 290.14 feet to the Point of Beginning, said parcel containing 1.66 acres more or less, located at 900 E Watertown Street.

LEGAL & FINANCE COMMITTEE ITEMS

101. Designation of the VFW and the Boys’ Club as an authorized shooting gallery

102. No. LF011205-01 Designation of SDSU Extension – Youth Development 4-H – as an authorized shooting gallery

103. No. 04TI011 - A request by Centerline for a Resolution Creating Tax Increment District #49 on Lot 1 – 28 and all adjacent rights-of-way, Block 11, Plainview #2, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 – 14 and all adjacent rights-of-way, Tract A (formerly lots 15A thru 25A) and all adjacent rights-of-way, Lot 15-28 less lot 15A -25A and all adjacent rights-of-way, all located in Block 12, Plainview #2, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Unplatted balance of SW1/4SE1/4 and the unplatted balance of SE1/4SE1/4 and all adjacent rights-of-way, all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 3 and Lot 4 and all adjacent rights-of-way, Tract A & S1/2 vacated part of alley adjacent to Tract A and all adjacent rights-of-way, Lot A of Lot 1, Lot 2 and the S1/2 vacated Watertown St adjacent to said lot, Lot B of Lot 1, all located in Block 2, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract I and the N1/2 vacated portion of alley adjacent to Tract I and the S1/2 vacated Watertown St adjacent to Tract I and all adjacent rights-of-way, Block 2, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All Block 3 and W375’ of N1/2 vacated Watertown Street adjacent to Block 3 less W150’ & less Lot 1-2 and the S1/2 vacated Madison Street adjacent to E475’ Block 3 and the vacated alley in Block 3 less portion between Lots 1 & 2 and all adjacent rights-of-way, all located in Block 3, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1-2 and the S1/2 vacated Madison St adjacent to Lot 1 and the N1/2 vacated Watertown Street adjacent to Lot 2 and the vacated alley between Lots 1-2, Block 3 and all adjacent rights-of-way, all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All of Block 1 and all adjacent rights-of-way, Feigels Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 -2 and the balance of Block 4 and all adjacent rights-of-way, all located in Block 4, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, SE1/4NE1/4 including Meadowlark Hills Sub & all adjacent rights-of-way, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A & E1/2 vacated Cherry Ave of NE1/4NE1/4 and all adjacent rights-of-way, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract B, C, D, F, G, and H and all adjacent rights-of-way, all of Block 1, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract E & E15’ of vacated Cherry St adjacent to said Tract E, Block 1 and all adjacent rights-of-way, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, E100’ of Tract A, Block 1 and adjacent right-of-way, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A less the E100’ and the E15’ of vacated Cherry St adjacent to said Tract A and adjacent right-of-way, Block 1, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All of the 90’ wide East Anamosa Street right-of-way located in the NE1/4 of Section 31 and the SE1/4 of Section 30, and the East Anamosa Street right-of-way located in the NW1/4 of Section 31 and the SW1/4 of Section 30 all adjacent to LaCrosse Street, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All Railroad Right-of-Way located in the NE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot A and Lot B and all adjacent rights-of-way, West Century Sub, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, N170’ of S313.96’ of Lot 2 and adjacent right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 and Lot 2 and all adjacent rights-of-way, Buckingham Rental Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot B of Lot 1 of SW1/4NW1/4 and all adjacent rights-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot A, B, C, and D of Lot 1 of NW1/4SW1/4 and all adjacent rights-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract 1, Century “21” and all adjacent rights-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A in NE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract D in NE1/4NW1/4 including Lot 1 of Tract D of Heubner Subdivision and all adjacent rights-of-way, all located in Heubner Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, N16.04’ of Lot 2 of SW1/4NW1/4 and adjacent right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H2 and Lot H3 of the SW1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3 and H4 of the SE1/4NW1/4, Lot H1 of Lot A of the SE1/4NW1/4, Lot H2 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the S1/2NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the N1/2NE1/4 as recorded on Plat of Lot H1 of the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the NW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of Lot B of Lot 1 in the NW1/4SW1/4, Lot H1 of Lot B of Lot 1 of the NW1/4SW1/4, Lot 2 of the NW1/4SW1/4, Lot H1 of Lots 7 & 8 of the NW1/4SW1/4, Lot H1 of Lots 3,4, 5 & 6 of the NW1/4SW1/4, Lot H1 and Lot H2 of the NW1/4SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Century Road, east of LaCrosse Street and south of US 1-90.

104. No. 04TI012 - A request by Centerline for a Tax Increment District #49 - Project Plan on Lot 1 – 28 and all adjacent rights-of-way, Block 11, Plainview #2, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 – 14 and all adjacent rights-of-way, Tract A (formerly lots 15A thru 25A) and all adjacent rights-of-way, Lot 15-28 less lot 15A -25A and all adjacent rights-of-way, all located in Block 12, Plainview #2, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Unplatted balance of SW1/4SE1/4 and the unplatted balance of SE1/4SE1/4 and all adjacent rights-of-way, all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 3 and Lot 4 and all adjacent rights-of-way, Tract A & S1/2 vacated part of alley adjacent to Tract A and all adjacent rights-of-way, Lot A of Lot 1, Lot 2 and the S1/2 vacated Watertown St adjacent to said lot, Lot B of Lot 1, all located in Block 2, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract I and the N1/2 vacated portion of alley adjacent to Tract I and the S1/2 vacated Watertown St adjacent to Tract I and all adjacent rights-of-way, Block 2, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All Block 3 and W375’ of N1/2 vacated Watertown Street adjacent to Block 3 less W150’ & less Lot 1-2 and the S1/2 vacated Madison Street adjacent to E475’ Block 3 and the vacated alley in Block 3 less portion between Lots 1 & 2 and all adjacent rights-of-way, all located in Block 3, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1-2 and the S1/2 vacated Madison St adjacent to Lot 1 and the N1/2 vacated Watertown Street adjacent to Lot 2 and the vacated alley between Lots 1-2, Block 3 and all adjacent rights-of-way, all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All of Block 1 and all adjacent rights-of-way, Feigels Addition, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 -2 and the balance of Block 4 and all adjacent rights-of-way, all located in Block 4, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, SE1/4NE1/4 including Meadowlark Hills Sub & all adjacent rights-of-way, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A & E1/2 vacated Cherry Ave of NE1/4NE1/4 and all adjacent rights-of-way, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract B, C, D, F, G, and H and all adjacent rights-of-way, all of Block 1, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract E & E15’ of vacated Cherry St adjacent to said Tract E, Block 1 and all adjacent rights-of-way, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, E100’ of Tract A, Block 1 and adjacent right-of-way, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A less the E100’ and the E15’ of vacated Cherry St adjacent to said Tract A and adjacent right-of-way, Block 1, Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All of the 90’ wide East Anamosa Street right-of-way located in the NE1/4 of Section 31 and the SE1/4 of Section 30, and the East Anamosa Street right-of-way located in the NW1/4 of Section 31 and the SW1/4 of Section 30 all adjacent to LaCrosse Street, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, All Railroad Right-of-Way located in the NE1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot A and Lot B and all adjacent rights-of-way, West Century Sub, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, N170’ of S313.96’ of Lot 2 and adjacent right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot 1 and Lot 2 and all adjacent rights-of-way, Buckingham Rental Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot B of Lot 1 of SW1/4NW1/4 and all adjacent rights-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot A, B, C, and D of Lot 1 of NW1/4SW1/4 and all adjacent rights-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract 1, Century “21” and all adjacent rights-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract A in NE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract D in NE1/4NW1/4 including Lot 1 of Tract D of Heubner Subdivision and all adjacent rights-of-way, all located in Heubner Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, N16.04’ of Lot 2 of SW1/4NW1/4 and adjacent right-of-way, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H2 and Lot H3 of the SW1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lots H3 and H4 of the SE1/4NW1/4, Lot H1 of Lot A of the SE1/4NW1/4, Lot H2 of the SE1/4NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H1 of the S1/2NW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of the N1/2NE1/4 as recorded on Plat of Lot H1 of the N1/2NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 in the NW1/4NE1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Lot H2 of Lot B of Lot 1 in the NW1/4SW1/4, Lot H1 of Lot B of Lot 1 of the NW1/4SW1/4, Lot 2 of the NW1/4SW1/4, Lot H1 of Lots 7 & 8 of the NW1/4SW1/4, Lot H1 of Lots 3,4, 5 & 6 of the NW1/4SW1/4, Lot H1 and Lot H2 of the NW1/4SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Century Road, east of LaCrosse Street and south of US 1-90.

105. No. 04TI015 - A request by Bill Freytag for a Resolution Creating Tax Increment District #51 on Lot 12 thru 13, Madison's Subdivision in the E1/2 SW1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, and the unplatted balance of the NE1/4, NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Country Road and west of Haines Avenue.

106. No. 04TI016 - A request by Bill Freytag for a Tax Increment District #51 - Project Plan on Lot 12 thru 13, Madison's Subdivision in the E1/2 SW1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, and the unplatted balance of the NE1/4, NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Country Road and west of Haines Avenue.

PUBLIC WORKS COMMITTEE ITEMS

107. 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

108. No. PW011105-01 Safe Streets Initiative Task Force report on the 5^th Street/St. Cloud traffic issues

109. No. PW011105-17 Request Rapid Transit Service (RTS) begin public transportation service to the Star Village area on a trial basis beginning March 1, 2005 through July, 2005; and report to the Council at the end of the trial period.

110. Mallow Street Utility Extension Agreement with Robert Pesek.

CIP COMMITTEE ITEMS

FINANCE OFFICER’S ITEMS

APPROVAL OF BILLS

111. No. CC011704-01January 17, 2005 Bill List

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

CITY ATTORNEY’S ITEMS

112. Executive Session to discuss pending litigation, contractual and personnel matters

113. No. PW122804-02 Approve Option No. 01, moving forward on the acquisition of easements as it relates to Sewer Service to Lazy P-6 property, Centerline for Lazy P-6.

DEVELOPMENT APPEALS AND REVIEW BOARD

ADJOURN