ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

APPROVE MINUTES of March 7, and Special Council March 16, 2005 

ADOPTION OF THE AGENDA 

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month

2.                  Employee Awards 

GENERAL PUBLIC COMMENT 

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

BID OPENINGS AND AWARD

3.                  No. CC032105-01 Meter Transceiver Unit (MXU) for Water Division

4.                  No. CC032105-01 Two Digester Vertical Dry Pit Sludge Chopper Pumps for Water Reclamation Division

5.                  No. CC032105-01 One New 13’ Tandem Dump Truck with Slide in Sander for Street Division

6.                  No. CC032105-01 One Current Year Model Vacuum Street Sweeper for Street Division

7.                  No. CC032105-01 One New Sander Truck with Plow for Street Division

8.                  No. CC032105-01 One New Current Year Model High Capacity Rotary Mower for Parks Department 

ITEMS FROM THE MAYOR

9.                  Employee Suggestion Program Certificate Presentation to Scott Schultz and Clyde Jones 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR – Items 10-45 

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 April 4, 2005:

10.             No. 05CA008 - A request by Sperlich Consulting for Doeck, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on an approximate 7.02 acre parcel from Agriculture to Medium Density Residential on a portion of the SW1/4 of the NW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: commencing at the northeasterly corner of Lot 1 of Block 4 of Auburn Hills Subdivision, common to a point on the westerly edge of the right-of-way of Haines Avenue, and the Point of Beginning; Thence, first course: S70º51’20”W, along the northerly boundary of said Lot 1 of Block 4, a distance of 108.45 feet, to the northwesterly corner of said Lot 1 of Block 4, common to the easterly edge of the right-of-way of Chalkstone Court; Thence, second course: northwesterly, along the easterly edge of the right-of-way of said Chalkstone Court, curving to the left on a curve with a radius of 324.50 feet, a delta angle of 07º44’19”, an arc length of 43.83 feet, a chord bearing of N23º00’50”W, and a chord distance of 43.79 feet, to the northeasterly corner of the right-of-way of said Chalkstone Court; Thence third course: S63º07’01”W, along the northerly end of the right-of-way of said Chalkstone Court, a distance of 49.00 feet, to the northeasterly corner of Lot 2 of Block 4 of Auburn Hills Subdivision, common with the northwesterly corner of the right-of-way of said Chalkstone Court; Thence, fourth course: S63º07’01”W along the northerly boundary of said Lot 2 of Block 4, a distance of 124.45 feet to the northwesterly corner of said Lot 2 of Block 4, common to a point on the easterly boundary of Lot 3 of Block 4 of Auburn Hills Subdivision; Thence, fifth course: N18º05’54”W, along the easterly boundary of said Lot 3 of Block 4, a distance of 86.55 feet, to the northeasterly corner of said Lot 3 of Block 4; Thence, sixth course: S67º34’38W, along the northerly boundary of said Lot 3 of Block 4, a distance of 110.00 feet, to the northwesterly corner of said Lot 3 of Block 4, common with a point on the easterly edge of the right-of-way of Coal Bank Court; Thence, seventh course: northwesterly, along the easterly edge of the right-of-way of said Coal Bank Court, curving to the left on a curve with a radius of 324.50 feet, a delta angle of 06º10’47”, an arc length of 35.00 feet, a chord bearing of N25º30’46”W, and a chord distance of 34.98 feet, to a point of tangent; Thence, eighth course: N28º36’09”W, along the easterly edge of the right-of-way of said Coal Bank Court, a distance of 28.62 feet, to a point of curve; Thence, ninth course: northwesterly, along the easterly edge of the right-of-way of said Coal Bank Court, curving to the left on a curve with a radius of 324.50 feet, a delta angle of 03º24’07”, a arc length of 19.27 feet, a chord bearing of N49º39’37”W, and chord distance of 19.26 feet, to the northeasterly corner of the right-of-way of said Coal Bank Court; Thence, tenth course: S57º59’43”W, along the northerly edge of the right-of-way of said Coal Bank Court, a distance of 49.00 feet, to the northeasterly corner of Lot 4 of Block 4; Thence, eleventh course: S89º52’29”W, a distance of 173.34 feet to the northwesterly corner of Lot 5 of Block 4; Thence, twelfth course: S89º52’29”W, along the westerly edge of Lots 6 thru 11 and future Lot 12 of Block 4, a distance of 603.16 feet; Thence, thirteenth course: N00º00’00”E, a distance of 405.96 feet to a point on the 1/16 section line and the northerly boundary of said SW1/4 of the NW1/4 of Section 13, T2N, R7E, BHM; Thence, fourteenth course: N89º52’25”E, along the 1/16 section line and the northerly boundary of said SW1/4 of the NW1/4 of Section 13, a distance of 1079.49 feet to a point of intersection of the SW1/4 of the NW1/4 of Section 13, and the westerly edge of the right-of-way of said Haines Avenue; Thence, fifteenth course: S23º09’20”E, along the westerly edge of the right-of-way of said Haines Avenue, a distance of 457.48 feet to the northeasterly corner of Lot 1 of Block 4 of Auburn Hills Subdivision, common to a point on the westerly edge of the right-of-way of said Haines Avenue, and the Point of Beginning; said parcel contains 488,619 square feet of 11.217 acres more or less, located within Auburn Hills Subdivision.

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

12.             No. 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.

13.             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.

14.             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 the 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.

15.             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.

16.             No. 04PL210 - A request by Sperlich Consulting Inc. for Gordon Howie for a Layout and Preliminary Plat on a portion of Tract T of Trailwood Village, located in the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Lot 3 of Block 22, Trailwood Village, Thence, S00º03’09”W, a distance of 346.91 feet to the northeasterly corner of the boundary, and the Point of Beginning; Thence, first course: S00º05’47”W, a distance of 317.18 feet, to the southeasterly corner of said boundary; Thence, second course: S89º49’52”W, a distance of 227.28 feet, to the southwesterly corner of said boundary; Thence, third course: N00º04’24”W, a distance of 199.81 feet, to the northerly corner of said boundary; Thence, fourth course: N65º25’59”W, a distance of 24.18 feet, to the northwesterly corner of said boundary; Thence, fifth course: N00º04’24”E, a distance of 35.04 feet, to the northerly corner of said boundary; Thence, sixth course: S89º55’36E, a distance of 40.00 feet, to the northeasterly corner of said boundary; Thence, seventh course: N00º04’24”E, a distance of 73.27 feet, to the northerly corner of said boundary; Thence, eighth course: S89º55’36”E, a distance of 209.43 feet, to the northeasterly corner of said boundary, and the Point of Beginning, said parcel contains 1.460 acres more or less, located at the northwest corner of the intersection of Long View Road and Reservoir Road.

17.             No. 04PL211 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1-3, Block 1, Buehner Subdivision located in the W1/2 W1/2 SW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the W1/2 W1/2 SW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at the current southern terminus of Limelight Lane.

18.             No. 05PL016 - A request by Ron Blum for Montana-Dakota Utilities Co. for a Preliminary Plat on Lot 1, MDU Regulator #83, located in the N1/2  Government Lot 4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as being located in the unplatted portion of the N1/2 of GL3 and the N1/2 GL4 less Lots H1 & H2, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of East Anamosa Street and Elk Vale Road on the east side of Elk Vale Road.

19.             No. 05PL020 - A request by Centerline for Plum Creek Development for a Layout Plat on Plum Creek Phase II located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Willowbend Road and the Southeast Connector.

20.             No. 05PL021 - A request by Dream Design International for a Preliminary Plat on Lots 1-18 of  Block 1;  Lots 1-12 of  Block 2;  Lots 1-16 of Block 3; and Lots 1-7 of Block 4, South Pointe Subdivision, all located in the E1/2 NE1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the E1/2 NE1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current southern terminus of Parkview Drive.

21.             No. 05PL026 - A request by Richard O. Stahl for a Preliminary Plat on Lots 1R, 2A, 2B, 3A, 3B, 4R and 5R of Stahl Victorian Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1-5 of Stahl Victorian Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street.

22.             No. 05PL027 - A request by Greg Wierenga, CETEC Engineering Services, Inc. for Park Hill Development, Inc. for a Preliminary Plat on Lots 8, 9, 10, 11, 12, 13 and 14 of Block 3 and Lots 5, 6, 7, 8, 9, 10, 11 and 12 of Block 4, all located in NE1/4 SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the NE1/4 SE1/4 less the west 650 feet of the east 700 feet of the south 372.5 feet all located in Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Sidney Drive along Oakland Street.

23.             No. 05PL028 - A request by Renner Associates, LLC for BB&R Properties for a Preliminary Plat on Lot BR of Shoenhard Subdivision and Lot 6R of Mann Subdivision located in the N1/2 of SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Shoenhard Subdivision and Lot 6 of Mann Subdivision, a portion of Vacant Section Line Right-of-Way, and Lot A of NE1/4 of the SE1/4 of Section 33, located in the N1/2 of SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3400 West Chicago Street.

24.             No. 05PL030 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Craig Erickson for a Layout Plat on Lot 1 of Crystal Dome Subdivision and dedicated right-of-way located in the E1/2 NE1/4 NE1/4 Section 13, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the E1/2 NE1/4 NE1/4 Section 13, T1N, R8E, BHM, Pennington County, South Dakota, located south of Long View Road along Radar Hill Road.

25.             No. 05RZ009 – Second Reading, Ordinance No. 5033, a request by Sperlich Consulting for Doeck, LLC for a Rezoning from Low Density Residential District to Medium Density Residential District on a portion of the SW1/4 of the NW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: commencing at the northeasterly corner of Lot 1 of Block 4 of Auburn Hills Subdivision, common to a point on the westerly edge of the right-of-way of Haines Avenue, and the Point of Beginning; Thence, first course: S70º51’20”W, along the northerly boundary of said Lot 1 of Block 4, a distance of 108.45 feet, to the northwesterly corner of said Lot 1 of Block 4, common to the easterly edge of the right-of-way of Chalkstone Court; Thence, second course: northwesterly, along the easterly edge of the right-of-way of said Chalkstone Court, curving to the left on a curve with a radius of 324.50 feet, a delta angle of 07º44’19”, an arc length of 43.83 feet, a chord bearing of N23º00’50”W, and a chord distance of 43.79 feet, to the northeasterly corner of the right-of-way of said Chalkstone Court; Thence third course: S63º07’01”W, along the northerly end of the right-of-way of said Chalkstone Court, a distance of 49.00 feet, to the northeasterly corner of Lot 2 of Block 4 of Auburn Hills Subdivision, common with the northwesterly corner of the right-of-way of said Chalkstone Court; Thence, fourth course: S63º07’01”W along the northerly boundary of said Lot 2 of Block 4, a distance of 124.45 feet to the northwesterly corner of said Lot 2 of Block 4, common to a point on the easterly boundary of Lot 3 of Block 4 of Auburn Hills Subdivision; Thence, fifth course: N18º05’54”W, along the easterly boundary of said Lot 3 of Block 4, a distance of 86.55 feet, to the northeasterly corner of said Lot 3 of Block 4; Thence, sixth course: S67º34’38W, along the northerly boundary of said Lot 3 of Block 4, a distance of 110.00 feet, to the northwesterly corner of said Lot 3 of Block 4, common with a point on the easterly edge of the right-of-way of Coal Bank Court; Thence, seventh course: northwesterly, along the easterly edge of the right-of-way of said Coal Bank Court, curving to the left on a curve with a radius of 324.50 feet, a delta angle of 06º10’47”, an arc length of 35.00 feet, a chord bearing of N25º30’46”W, and a chord distance of 34.98 feet, to a point of tangent; Thence, eighth course: N28º36’09”W, along the easterly edge of the right-of-way of said Coal Bank Court, a distance of 28.62 feet, to a point of curve; Thence, ninth course: northwesterly, along the easterly edge of the right-of-way of said Coal Bank Court, curving to the left on a curve with a radius of 324.50 feet, a delta angle of 03º24’07”, a arc length of 19.27 feet, a chord bearing of N49º39’37”W, and chord distance of 19.26 feet, to the northeasterly corner of the right-of-way of said Coal Bank Court; Thence, tenth course: S57º59’43”W, along the northerly edge of the right-of-way of said Coal Bank Court, a distance of 49.00 feet, to the northeasterly corner of Lot 4 of Block 4; Thence, eleventh course: S89º52’29”W, a distance of 173.34 feet to the northwesterly corner of Lot 5 of Block 4; Thence, twelfth course: S89º52’29”W, along the westerly edge of Lots 6 thru 11 and future Lot 12 of Block 4, a distance of 603.16 feet; Thence, thirteenth course: N00º00’00”E, a distance of 405.96 feet to a point on the 1/16 section line and the northerly boundary of said SW1/4 of the NW1/4 of Section 13, T2N, R7E, BHM; Thence, fourteenth course: N89º52’25”E, along the 1/16 section line and the northerly boundary of said SW1/4 of the NW1/4 of Section 13, a distance of 1079.49 feet to a point of intersection of the SW1/4 of the NW1/4 of Section 13, and the westerly edge of the right-of-way of said Haines Avenue; Thence, fifteenth course: S23º09’20”E, along the westerly edge of the right-of-way of said Haines Avenue, a distance of 457.48 feet to the northeasterly corner of Lot 1 of Block 4 of Auburn Hills Subdivision, common to a point on the westerly edge of the right-of-way of said Haines Avenue, and the Point of Beginning; said parcel contains 488,619 square feet of 11.217 acres more or less, located within Auburn Hills Subdivision.

26.             No. 05RZ016 – Second Reading, Ordinance No. 5043, a request by Rick Skywatcher for Beverly Healthcare - Meadowbrook for a Rezoning from Low Density Residential District to Medium Density Residential District on Lot C of the SW1/4 NW1/4 Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2500 Arrowhead Drive.

27.             No. 05SE002 - A request by Centerline for Plum Creek Development for an Exception to allow platting four lots within a Study Area - Plum Creek Subdivision on Plum Creek Subdivision located in the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Willowbend Road.

28.             No. 04SV081 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Limelight Lane and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along the Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1-3, Block 1, Buehner Subdivision located in the W1/2 W1/2 SW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as W1/2 W1/2 SW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at the current southern terminus of Limelight Lane.

29.             No. 05SV004 - A request by FMG Engineering for Belgarde Enterprises for a Variance to the Subdivision Regulations to waive the requirement to install sewer, curb, gutter and sidewalk along Catron Boulevard as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Stoney Creek South No. 2 Subdivision, located in the E1/2 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as that part of the E1/2 of the SW1/4 of Section 22, T1N, R7E, of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, that lies within the following description:  Commencing at a rebar with survey cap marked “1019” at the Center-South-South 1/64 corner of Section 22; thence S00º12'36"E, 152.63 feet to a point; thence West, 726.50 feet to a point; thence N64º41'13"W, 267.41 feet to a point; said point being the intersection with a non-tangent curve, the radius point of said curve bears S53º20'07"W, 226.00 feet from said intersection, said curve having a central angle of 16º17’27”; thence Northwesterly, 64.26 feet along arc of said curve, said curve having a chord bearing of N44º48'37"W, and chord distance of 64.04 feet, to a point of tangency; thence N52º57'20"W, 189.40 feet to a point; said point being the point of curvature of a curve to the right having a central angle of 52º57’20” and radius of 174.00 feet; thence Northwesterly and Northerly, 160.82 feet along arc of said curve, said curve having a chord bearing of N26º28'40"W, and a chord distance of 155.16 feet, to a point of tangency; thence North, 187.01 feet to a point; said point being the intersection with a non-tangent curve, the point of said curve bears N04º15'00"W, 92.00 feet from said intersection, said curve having a central angle of 35º45’00”; thence Easterly and Northeasterly, 57.40 feet along arc of said curve, said curve having a chord bearing of N67º52'30"E, and a chord distance of 56.48 feet, to a point of tangency; thence N50º00'00"E, 64.59 feet to a point; said point being the point of curvature of a curve to the right having a central angle of 10º02’46” and radius of 208.00 feet; thence Northeasterly, 36.47 feet along arc of said curve, said curve having a chord bearing of N55º01'23"E, and a chord distance of 36.42 feet, to a point; thence North, 173.49 feet to a point; thence East, 550.47 to a point; thence N26º24'26"E, 82.06 feet to a point on the south Right-Of-Way line of Catron Boulevard; thence S63º35'34"E, 317.69 feet along the south Right-Of-Way line of Catron Boulevard to a 5/8” rebar; said rebar being the intersection with a non-tangent curve, the radius point of said curve bears S26º24'37"W, 2230.97 feet from said intersection, said curve having a central angle of 6º46’27”; thence Southeasterly, 263.77 feet along arc of said curve, said curve having a chord bearing of S60º12'09"E, and a chord distance of 263.62 feet, to a 5/8” rebar with survey cap marked “FMG Inc. LS SD 6119”, said rebar being on the south Right-Of-Way line of Catron Boulevard; thence S00º08'29"E, 505.50 feet to a rebar with survey cap marked “1019” at the Center-South-South 1/64 corner of Section 22 at the point of beginning; all located within the E1/2 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Catron Boulevard and Nugget Gulch Road.

30.             No. 05SV013 - A request by Richard O. Stahl for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and sidewalk as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1R, 2A, 2B, 3A, 3B, 4R and 5R of Stahl Victorian Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1-5 of Stahl Victorian Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street.

31.             No. 05SV014 - A request by Renner Associates, LLC for Pam Godfrey for a Variance to the Subdivision Regulations to allow platting one-half a section line right-of-way as per Chapter 16.12 of the Rapid City Municipal Code; to waive the requirement to dedicate additional right-of-way; to waive the requirement to install curb, gutter, sidewalk, water, sewer, street light conduit, storm drainage and pavement along the Section Line Highway, along the access easement and along the north/south collector road as per Chapter 16.16 of the Rapid City Municipal Code on Lots A and B of Lot 2 of Godfrey Addition located in the SE1/4 of Section 27, T1N, R7E and in SW1/4 of SW1/4 of Section 26, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 2 of Godfrey Addition located in the SE1/4 of Section 27, T1N, R7E and in SW1/4 of SW1/4 of Section 26, T1N, R7E, BHM, Pennington County, South Dakota, located southwest of the intersection of Catron Boulevard and U.S. Highway 16.

32.             No. 05SV015 - A request by Renner Associates, LLC for BB&R Properties for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along a Section Line Highway, to waive the requirements to install street light conduit and sidewalks along E. Chicago Street, and to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer and to dedicate additional right of way along a private access easement as per Chapter 16.16 of the Rapid City Municipal Code on Lot BR of Shoenhard Subdivision and Lot 6R of Mann Subdivision located in the N1/2 of SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot B of Shoenhard Subdivision and Lot 6 of Mann Subdivision, a portion of Vacant Section Line Right-of-Way, and Lot A of NE1/4 of the SE1/4 of Section 33, located in the N1/2 of SE1/4, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3400 West Chicago Street.

33.             No. 05SV016 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Craig Erickson for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water and sewer along Radar Hill Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Crystal Dome Subdivision and dedicated right-of-way located in the E1/2 NE1/4 NE1/4 Section 13, T1N, R8E, BHM, Pennington County, South Dakota, legally described as the E1/2 NE1/4 NE1/4 Section 13, T1N, R8E, BHM, Pennington County, South Dakota, located south of Long View Road along Radar Hill Road.

34.             No. 05SV017 - A request by D.C. Scott Co., Land Surveyors for Highmark Builders for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot AR, Lot BR, Lot Cr, Lot D and Revised Well Lot of Miracle Place Subdivision, located in the SE1/4 SE1/4 of Section 8, and in the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Lot B, Lot C and Well Lot of Miracle Place Subdivision located in the SE1/4 SE1/4 of Section 8, and in the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Miracle Place.

35.             No. 05SV018 - A request by Sperlich Consulting, Inc. for Kensington Heights, LLC for a Variance to the Subdivision Regulations to allow a lot twice as long as it is wide and to waive the requirements to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement and to dedicate additional right-of-way for Elm Avenue as per Chapter 16.16 of the Rapid City Municipal Code on Lots 18 through 21 of Block 1, Lots 6 through 19 of Block 3, and Lots 1 through 10 of Block 4, Kensington Heights Subdivision located in "Government" Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 of the S1/2 of "Government" Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Elm Avenue and Enchanted Pines Drive.

36.             No. 05SV022 - A request by Fisk Land Survey & Consulting Engineers for Donald Potts for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water, sewer, and pavement along the western most 750 feet of the Section Line on property located in the SW1/4SE1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6105 Covenant Drive.

Continue the following items until April 18, 2005:

37.             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.

38.             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.

39.             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.

40.             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 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.

41.             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.

42.             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.

43.             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.

44.             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.

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

Special Malt Beverage and Wine License

45.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on April 7, 2005 at Dahl Arts Center, 713 7^th Street

46.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on April 21, 2005 at Dahl Arts Center, 713 7^th Street

47.             Rapid City Library Foundation, Inc. for a Special Malt Beverage and Wine License for use on April 30, 2005 at Rapid City Public Library, 610 Quincy Street 

Set for Hearing (April 4, 2005) 

Package (off-sale) Liquor License Transfer

48.             Gary Dowling dba Dakota Best & Brown Bag Dali, Inc., 818 Main Street, for a Package (off-sale) Liquor License transfer from South Dakota Popcorn Co., Inc. dba Dakota’s Best 

Package (off-sale) Liquor License

49.             Clayton and Donna Jerred dba Gas “N” Snax, 418 Knollwood Drive, for a Package (off-sale) Liquor License 

Special Malt Beverage License

50.             Rushmore German Club for a Special Malt Beverage License for use on August 19 – 27, 2005 at Central States Fair 

CONSENT CALENDAR ITEMS – 52-104 

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

51.             No. PW031605-01 Approve requests for waiver of sidewalk requirements, contingent upon property owners signing a Waiver of Right to Protest future assessed projects, for 811 Mallow Street for Passive Income LLC and 1111 Silver Street for Blue Horseshoe, LLC, Joe Muth. 

52.             Request Council President to include electronic sign brightness and naming rights on the Informational Meeting schedule. 

53.             Approve request to display yellow ribbons in Memorial Park along Omaha Street to welcome home soldiers through May 31, 2005. 

54.             No. PW031605-02 Authorize Mayor and Finance Officer to sign an agreement with Virginia Wood Nelson to provide customer service training for the Public Works staff for an amount not to exceed $6,750.00. 

55.             No. PW031605-03 Approve Change Order No. 7F for the Omaha Street Water & Sewer Utilities and Median Beautification Project Nos. SSW02-1106 & PR02-1215 to Stanley J. Johnsen Concrete Contractor, Inc. for a decrease of $269,902.56. 

56.             No. PW031605-04 Authorize staff to advertise for bids for Well #5 Pump Replacement Project No. W05-1450; CIP #50573. 

57.             No. PW031605-05 Authorize Mayor and Finance Officer to sign a Planned Lighting Maintenance Agreement with Lighting Maintenance Company for the sum of $3.32 per fixture per month.

58.             No. PW031605-06 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with TSP Three, Inc. for the design of 5^th Street Bridge Milling and Overlay Project No. ST04-1360; CIP #50525 for an amount not to exceed $9,834.50.

59.             No. PW031604-07 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with Banner Associates for Engineering Services for Construction Fee Determinations and Miscellaneous Services, Project No. SSW04-1429; CIP #50571 for an amount not to exceed $34,412.00. 

60.             No. PW031605-08 Authorize Mayor and Finance Officer to sign a Perpetual Right of Way and Easement with Black Hills Power & Light location on property described as Original Town of Rapid City, Lots 28 – 32 In Block 97 located in Section 01, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. 

61.             No. PW031605-09 Authorize Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with TSP Three, Inc. for Engineering Design of the 6^th Street/Memorial Park Water Transmission Main Reconstruction Project No. W04-1423; CIP #50439 for an amount not to exceed $19,580.00. 

62.             No. PW031605-10 Authorize staff to Seek Consultant Design Services for the following projects:  1) CIP# 50518, Project No. SSW05-1471, Anamosa Street Reconstruction, LaCrosse Street to Herman Street; 2) CIP# 50519, Project No. SSW05-1472, Anamosa Street Reconstruction, Haines Avenue to Midway Street; and 3) CIP# 50559, Project No. SSW05-1473, Anamosa Street Reconstruction, Midway Street to Herman Street. 

63.             No. PW031605-11 Authorize staff to Seek Professional Consultant Services for the Eglin Street Grading and Utilities Construction Projects. 

64.             No. PW031605-12 Acknowledge Consultant Pre-Selection Committee Report. 

65.             No. PW031605-13 Acknowledge report on Cost Allocation Study for Mall Ridge Lift Station by CETEC Engineering. 

66.             Authorize staff to implement Water Conservation Measures, April 1, 2005 to September 30, 2005. 

67.             No. PW031605-20 Direct staff to prepare necessary documents for the agreement on Plum Creek/Elk's Country Estates Access; and to authorize the removal of the study area. 

68.             No. PW031605-14 Approve a Resolution Declaring Property Surplus and authorize the transfer of a 1993 Ford Ranger Pickup, SN 45398, Inventory No. 1400 to the Rushmore Plaza Civic Center:

69.             No. PW031605-15 Rescind approval for the Plat of Lot H4 of the NW1/4 NE 1/4 of Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. 

70.             No. PW031605-21 Deny a request by Pam Godfrey to waive the requirement to annex Lots A and B of Lot 2 of Godfrey Addition located in the SE1/4 of Section 27, T1N, R7E and in SW1/4 of SW1/4 of Section 26, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 2 of Godfrey Addition located in the SE1/4 of Section 27, T1N, R7E and in SW1/4 of SW1/4 of Section 26, T1N, R7E, BHM, Pennington County, South Dakota. 

71.             No. PW031605-22 Approve Exception to the Drainage Criteria Manual for section of Elm Avenue for Lazy P6. 

72.             Accept staff recommendation on additional curb cut for parking lot access at Minnesota Street Soccer Fields; and request staff to bring forward an update in 90 days.   

Legal & Finance Committee Consent Items

73.             No. LF031605-01 Approve appointment of Eric Farrar and Gene Hunter for a two year term to the Sign Contractor Board. 

74.             No. LF031605-02 Approve appointment of Jerome F. Mitchell to the Rapid City Regional Airport Board. 

75.             Request the City Attorney’s office to look into additional options for the City regarding enforcing compliance by problematic landlords. 

76.             No. LF031605-03 Approve Travel Request for Chief Craig Tieszen and 14 members of the command staff to attend semi annual goals meeting in Deadwood, SD, April 14-15, 2005 in an approximate amount of $540. 

77.             No. LF031605-04 Authorize staff to apply for a 100% federally funded Edward Byrne Memorial Justice Assistance Grant for a total of $87,844 to be used jointly by the Rapid City Police Department and the Pennington County Sheriff’s Office. 

78.             No. LF031605-05 Authorize staff to request proposals for uniforms for the Police Department. 

79.             No. LF031605-06 Authorize Mayor and Finance Officer to sign Maintenance Agreement with Best Business Products for copier for the Fire Department. 

80.             No. LF031605-07 Authorize Mayor and Finance Officer to sign Extension for Medical Transportation Services Agreement. 

81.             No. LF031605-08 Approve Travel Request for Marcia Elkins, Growth Management Director to attend the Rapid City Chamber of Commerce Board Retreat in Las Vegas, NV, May 11-15, 2005 in an approximate amount of $1,853. 

82.             No. LF031605-09 Approve Resolution Declaring Property Surplus. 

83.             No. LF031605-10 Approve Resolution Adopting South Dakota Municipalities Records Retention and Destruction Schedule as the City’s Records Management Policy. 

84.             No. LF031605-11 Authorize staff to enter into Credit Card Processing Contract with Pioneer Bank & Trust. 

85.             Request staff to draft an agreement with Condrey & Associates to conduct a compensation review for grades 18 and below; and bring it back to the Legal and Finance Committee for review and approval. 

86.             No. LF031605-12 Authorize staff to apply for grant assistance from the South Dakota Department of Health to assist with costs of the mosquito control program. 

87.             No. LF031605-13 Authorize the Mayor and Finance Officer to sign Frankenfeld Associates Interactive Proposal for Design and Layout of Web Site Survey Form (Option 1) in the amount of $450. 

88.             No. LF031605-14 Approve Travel Request for John Leahy to attend Solid Waste Association of North America Training Course and Certification Test for Manager of Landfill Operations in Las Vegas, NV from April 17-21, 2005 in the approximate amount of $1,692. 

89.             Approve the following licenses:  Mechanical Apprentice:  Jason E Rick; Mechanical Contractor:  Wayne Piebenga, Wyo-Dak Plumbing & Heating; Richard Zimmiond, Integrity Sheetmetal; Dennis Corcoran, Tessier’s Inc.; Daniel V DeJong; Black Hills Power; Keith Gade, Black Hills Power; Richard D Trapp, Black Hills Power; Kenneth Noble, Noble Heating & Air Conditioning; Lonny Ryman, D & R Service; Bret Sullivan, Comfort Systems of the Black Hills; Alvin S Rudd Jr., Rudd Plumbing; Jim Schnittgrund, Jim’s Plumbing & Heating; Gene Opstedahl, Opstedahl Plumbing; Russell Ochsner, Ochsner Sheet Metal; and Raymond R Winters, Ray’s Heating & Air Conditioning; Mechanical Installer:  D Mike Austin, Carl J Hyatt, Philip G Pulse, Scott Latuseck, Terry A Borr, Jerry P Christensen, David T Del Soldato, Jason Duwenhoegger, Jason D Fenner, Carl Fleming, Robert Fleming, Bradley Lee Job, Scott A Juhnke, David F Laughlin, Ron Lineweber, Harlan E Olson, Kevin Schmidt, Steve Van Dam, Joe Youngblood, Travis Powrie, Kenneth Noble, Edwin Noble, Mark Anderson, Charlie Hansen, Sandi Kile, Zakary Leier, Loren Ryman, Jon L Trimble Jr., Steve Volk, Mark Sigler, Frank Evans, Dave A Bell, and Jason Fenhaus; Residential Contractor:  Brian Weaver, B & S Construction; Electrical Apprentice:  Shannon Hatheway, Clint Painter, Chad Jensen, and Nate Maxwell; Electrical Contractor:  Dik Dahlquist, GEDKO Inc.; Electrical Journeyman:  Mike Watkins, Zane Goodsell, and Edward Bills; Gas Fitting Apprentice:  Steven R Storm; Trenching Contractor:  Ryan Kaski, Kaski Homes; Trenching Journeyman:  Tony Parker, Dean Williamson; Taxi Business:  Wheelchair Services of the Black Hills Incorporated, Michael Eugene Weideman. 

90.             No. LF031605-15 Approve Travel Request for Barbara Garcia to attend NeighborWorks Training Institute in Minneapolis, April 18-22, 2005 in an approximate amount of $2,364.   

Growth Management Department Consent Items

91.             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.

92.             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.

93.             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 East Anamosa Street.

94.             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.

95.             No. 04PL194 - A request by Sperlich Consulting, Inc. for Dennis Zandstra for a Layout and Preliminary 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.

96.             No. 05PL018 - A request by Renner & Associates for the Canyon Lake Senior Citizen Center for a Preliminary Plat on Tract 1, Canyon Lake Senior Citizens Center, located in the NW1/4 of Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2900 Canyon Lake Drive.

97.             No. 05PL019 - A request by Joel Boylan for a Preliminary Plat on Lot 21A and 21B, Block 3 of Moon Meadows Estates Subdivision, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Block 3 of Moon Meadows Estates Subdivision, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, located at 3025 Moon Meadows Drive.

98.             No. 05PL029 - A request by Ted Schultz, CETEC Engineering Services, Inc. for Generations Care, LLC for a Layout Plat on Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, 11A, 11B, 12A, 12B, 13A, 13B, 14 and Outlot A of Block 1; and Lots 15A, 15B, 16A, 16B, 17A, 17B, 18A, 18B and Outlot B of Block 2; and dedicated Right-of-Way of Fountain Springs Park Subdivision located in the NW1/4 of SW1/4, Section 26 and the NE1/4 of SE1/4 of Section 27 and the SE1/4 of NE1/4 of Section 27, T2N, R7E, B.H.M. Rapid City, Pennington County, South Dakota, legally described as property described by metes and bounds beginning at the southwesterly corner of Tract H of Wesleyan Christian Center, thence N76 34'25" E a distance of 263.55'; thence N17º48'36" W a distance of 117.79 feet; thence N37º51'47" W a distance of 289.90 feet; thence N17º26'29" W a distance of 160.98 feet; thence S72º34'40" W a distance of 96.01 feet; thence N28º03'17" W a distance of 156.68 feet; thence N72º09'41" E a distance of 374.59 feet; thence S17º42'19" E a distance of 272.78 feet; thence S37º37'39" E a distance of 288.47 feet; thence S72º03'18" W a distance of 106.09 feet; thence S57º08'25" W a distance of 52.00 feet; thence with a curve turning to the right with a radius of 149.99 feet, with an arc length of 39.01 feet, with a chord bearing of S25º22'55" E, with a chord length of 38.90 feet, thence S 17º50'42" E a distance of 299.76 feet; thence S27º16'02" W a distance of 14.10 feet; thence S72º12'20" W a distance of 256.46 feet; thence with a curve turning to the right with a radius of 169.61 feet, with an arc length of 110.82 feet, with a chord bearing of N89º04'34" W, with a chord length of 108.86 feet, thence N70º21'28" W a distance of 53.50 feet; thence with a curve turning to the left with a radius of 333.35 feet, with an arc length of 162.43 feet, with a chord bearing of N00º31'09" E, with a chord length of 160.83 feet; which is the point of beginning, having an area of 251605.92 square feet, 5.776 acres all lying in the NW1/4 of SW1/4, Section 26 and the NE1/4 of SE1/4 of Section 27 and the SE1/4 of NE1/4 of Section 27, T2N, R7E, B.H.M. Rapid City, Pennington County, South Dakota, located northwest of Harmony Heights Lane and Sunny Springs Drive.

99.             No. 05PL031 - A request by D.C. Scott Co., Land Surveyors for Highmark Builders for a Preliminary Plat on Lot AR, Lot BR, Lot Cr, Lot D and Revised Well Lot of Miracle Place Subdivision, located in the SE1/4 SE1/4 of Section 8, and in the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Lot B, Lot C and Well Lot of Miracle Place Subdivision located in the SE1/4 SE1/4 of Section 8, and in the SW1/4 of Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Miracle Place.

100.         No. 05PL032 - A request by Sperlich Consulting, Inc. for Kensington Heights, LLC for a Layout Plat on Lots 18 through 21 of Block 1, Lots 6 through 19 of Block 3, and Lots 1 through 10 of Block 4, Kensington Heights Subdivision located in "Government" Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 of the S1/2 of "Government" Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Elm Avenue and Enchanted Pines Drive. 

Raffles

101.         Acknowledge Baseball 320, Inc. request to conduct raffle beginning May 10, 2005

102.         Acknowledge Court Appointed Special Advocate (CASA) Program request to conduct raffle of a child’s playhouse beginning March 23, 2005 at the Rushmore Mall

103.         Acknowledge South Dakota School of Mines & Technology Student Chapter of the Society of Automotive Engineers request to conduct raffle beginning in March, 2005 

END OF CONSENT CALENDAR 

PUBLIC HEARINGS

104.         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 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, located south of US Highway 16B (Catron Boulevard), north of Spring Creek Road, east of US Highway 16 and west of SD Highway 79.

105.         No. 05CA012 - A request by Ted Schultz, CETEC Engineering Services, Inc. for Generations Care, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on an approximate 5.776 acre parcel from Park Forest to Office Commercial with a Planned Residential Development on property described by metes and bounds beginning at the southwesterly corner of Tract H of Wesleyan Christian Center, thence N76º34'25" E a distance of 263.55 feet; thence N17º48'36" W a distance of 117.79 feet; thence N37º51'47" W a distance of 289.90 feet; thence N17º26'29" W a distance of 160.98 feet; thence S72º34'40" W a distance of 15.98 feet; thence N17º50'19" W a distance of 154.78 feet; thence N72º09'41" E a distance of 266.78 feet; thence S17º42'19" E a distance of 272.78 feet; thence S 37º37'39" E a distance of 288.47 feet; thence S 72º03'18" W a distance of 106.09 feet; thence S 57º08'25" W a distance of 52.00 feet; thence with a curve turning to the right with a radius of 149.99 feet, with an arc length of 39.01 feet, with a chord bearing of S 25º22'55" E, with a chord length of 38.90 feet, thence S 17º50'42" E a distance of 299.76 feet; thence S 27º16'02" W a distance of 14.10 feet; thence S 72º12'20" W a distance of 256.46 feet; thence with a curve turning to the right with a radius of 169.61 feet, with an arc length of 110.82 feet, with a chord bearing of N89º04'34" W, with a chord length of 108.86 feet, thence N70º21'28" W a distance of 53.50 feet; thence with a curve turning to the left with a radius of 333.35 feet, with an arc length of 162.43 feet, with a chord bearing of N00º31'09" E, with a chord length of 160.83 feet; which is the point of beginning, having an area of 251605.92 square feet, 5.776 acres all lying in the NW1/4 of SW1/4, Section 26 and the NE1/4 of SE1/4 of Section 27 and the SE1/4 of NE1/4 of Section 27, T2N, R7E, B.H.M. Rapid City, Pennington County, South Dakota, located northwest of Harmony Heights Lane and Sunny Springs Drive.

106.         No. 05CA013 - A request by Fisk Land Survey & Consulting Engineers for Donald Potts for an Amendment to the Comprehensive Plan to change the future land use designation on an approximate 13.78 acre parcel from Low Density Residential to Park Forest on Lot 1 and Lot 2, Potts Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the 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.

107.         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.

108.         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 and additional pavement along Reservoir Road and Long View Road as they abut a portion of Tract T of Trailwood Village, located in the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Lot 3 of Block 22, Trailwood Village, Thence, S00º03’09”W, a distance of 346.91 feet to the northeasterly corner of the boundary, and the Point of Beginning; Thence, first course: S00º05’47”W, a distance of 317.18 feet, to the southeasterly corner of said boundary; Thence, second course: S89º49’52”W, a distance of 227.28 feet, to the southwesterly corner of said boundary; Thence, third course: N00º04’24”W, a distance of 199.81 feet, to the northerly corner of said boundary; Thence, fourth course: N65º25’59”W, a distance of 24.18 feet, to the northwesterly corner of said boundary; Thence, fifth course: N00º04’24”E, a distance of 35.04 feet, to the northerly corner of said boundary; Thence, sixth course: S89º55’36E, a distance of 40.00 feet, to the northeasterly corner of said boundary; Thence, seventh course: N00º04’24”E, a distance of 73.27 feet, to the northerly corner of said boundary; Thence, eighth course: S89º55’36”E, a distance of 209.43 feet, to the northeasterly corner of said boundary, and the Point of Beginning, said parcel contains 1.460 acres more or less, located at the northwest corner of the intersection of Long View Road and Reservoir Road. (04SV080)

109.         No. 04SV080 - A request by Sperlich Consulting Inc. for Gordon Howie for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit and additional pavement and to waive the requirement to provide a ten foot wide planting screen easement as per Chapter 16.16 of the Rapid City Municipal Code on a portion of Tract T of Trailwood Village, located in the SE1/4 of the SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows: Commencing at the southeasterly corner of Lot 3 of Block 22, Trailwood Village, Thence, S00º03’09”W, a distance of 346.91 feet to the northeasterly corner of the boundary, and the Point of Beginning; Thence, first course: S00º05’47”W, a distance of 317.18 feet, to the southeasterly corner of said boundary; Thence, second course: S89º49’52”W, a distance of 227.28 feet, to the southwesterly corner of said boundary; Thence, third course: N00º04’24”W, a distance of 199.81 feet, to the northerly corner of said boundary; Thence, fourth course: N65º25’59”W, a distance of 24.18 feet, to the northwesterly corner of said boundary; Thence, fifth course: N00º04’24”E, a distance of 35.04 feet, to the northerly corner of said boundary; Thence, sixth course: S89º55’36E, a distance of 40.00 feet, to the northeasterly corner of said boundary; Thence, seventh course: N00º04’24”E, a distance of 73.27 feet, to the northerly corner of said boundary; Thence, eighth course: S89º55’36”E, a distance of 209.43 feet, to the northeasterly corner of said boundary, and the Point of Beginning, said parcel contains 1.460 acres more or less, located at the northwest corner of the intersection of Long View Road and Reservoir Road.

110.         No. 05SV007 - A request by Ron Blum for Montana-Dakota Utilities Co. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1, MDU Regulator #83, located in the N1/2  Government Lot 4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as located in the unplatted portion of  N1/2 GL4 less Lots H1 & H2, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located South of the intersection of East Anamosa Street and Elk Vale Road on the east side of Elk Vale Road.

111.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of sidewalk along Canyon Lake Drive as it abuts Tract 1, Canyon Lake Senior Citizens Center, located in the NW1/4 of Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2900 Canyon Lake Drive. (05SV009)

112.         No. 05SV009 - A request by Renner & Associates for the Canyon Lake Senior Citizen Center for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and storm sewer as per Chapter 16.16 of the Rapid City Municipal Code on Tract 1, Canyon Lake Senior Citizens Center, located in the NW1/4 of Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2900 Canyon Lake Drive.

113.         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, sewer and water along Moon Meadows Drive as it abuts Lot 21A and 21B, Block 3 of Moon Meadows Estates Subdivision, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Block 3 of Moon Meadows Estates Subdivision, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, located at 3025 Moon Meadows Drive. (05SV010)

114.         No. 05SV010 - A request by Joel Boylan for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot 21A and 21B, Block 3 of Moon Meadows Estates Subdivision, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 21, Block 3 of Moon Meadows Estates Subdivision, Section 34, T1N, R7E, BHM, Pennington County, South Dakota, located at 3025 Moon Meadows Drive.

115.         No. 05SV011 - A request by Fisk Land Surveying and Consulting Engineers for Donald Potts for a Variance to the Subdivision Regulations to allow platting one-half a section line right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on the SW1/4 SW1/4 SE1/4 & SE1/4 SW1/4 SE1/4, less Lot H-1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest  of the intersection of Haugo Drive and Catron Boulevard.

116.         No. 04VR013 - A request by Fisk Land Surveying & Consulting Engineers for Donald Potts for a Vacation of a portion of undeveloped section line right-of-way on the SW1/4, SW1/4, SE1/4 and 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.

117.         No. 05VR001 - A request by Fisk Land Surveying and Consulting Engineers for Donald Potts for a Vacation of Section Line Right-of-Way on Lots 1 and 2 of Utility Subdivision and NW1/4 NE1/4,  Section 27, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the intersection of Haugo Drive and Catron Boulevard. 

ORDINANCES & RESOLUTIONS

118.         No. LF030205-16 Second Reading, Ordinance No. 5042 Amending the Rapid City Economic Development and Civic Improvements Fund By Amending Section 3.16.020 of the Rapid City Municipal Code. 

119.         No. 05OA001 Second Reading, Ordinance No. 5041 Amending Section 17.50.080 of the Rapid City Municipal Code to Include Multiple-Family Dwellings in Planned Residential Developments. 

120.         No. LF021605-12 First Reading, Ordinance No. 5046 An Ordinance to Modify the Allocation of the City’s Retail Occupational Sales and Service Tax by Amending Section 3.16.060 of the Rapid City Municipal Code.  

121.         No. 05RZ011 First Reading, Ordinance No. 5035, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot H7 in the SW1/4 of Section 27 and Lot H1 in Tract B in the NE1/4 SW1/4 of Section 27, all located in T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of I-90 at Exit 61.

122.         No. 05RZ019 First Reading, Ordinance No. 5047, a request by Sperlich Consulting for Doeck, LLC for a Rezoning from Low Density Residenital District to Low Density Residential - II District on a portion of the NW1/4 of the SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the southwest corner of Lot 1 of Block 3 of Auburn Hills Subdivision, common to a point on the northerly edge of the right-of-way of Auburn Drive, and the Point of Beginning; Thence, first course: westerly, along the northerly edge of the right-of-way of said Auburn Drive, curving to the left on a curve with a radius of 326.00 feet, a delta angle of 7º19’33”, an arc length of 41.68 feet, a chord bearing of N86º06’36”W, and a chord distance of 41.65 feet, to a point of tangency; Thence, second course: N89º46’22”W, along the northerly edge of right-of-way of said Auburn Drive, a distance of 231.17 feet; Thence, third course: N00º13’38”E, a distance of 108.83 feet; Thence, fourth course: S89º46’22”E, a distance of 272.69 feet, to the northwest corner of said Lot 1 of Block 3 of Auburn Hills; Thence, fifth course: S00º11’53”W, along the westerly boundary of said Lot 1 of Block 3, a distance of 111.49 feet, to the southwest corner of said Lot 1 of Block 3, common to a point of the northerly edge of the right-of-way of Auburn Drive, and the Point of Beginning; Said Parcel contains 29,716 square feet or 0.682 acres more or less, located at the intersection of Charmwood Drive and Auburn Drive. 

123.         No. 05RZ020 First Reading, Ordinance No. 5048, a request by Sperlich Consulting for Kensington Heights LLC for a Rezoning from Low Density Residential District to Low Density Residential - II District on Lots 1 through 5, Block 3, Kensington Heights Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the  intersection of Davin Drive and Field View Drive.

124.         No. 05RZ021 First Reading, Ordinance No. 5049, a request by Buescher Frankenberg Associates for Wal-Mart Stores for a Rezoning from General Agriculture District to General Commercial District on a portion of the W1/2 of the NW1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the W 1/16th corner of Sections 26 and 35, T1N, R7E, BHM, thence S00º08’07”W, a distance of 868.68 feet to the point of beginning; Thence, first course: S03º29’32”W, a distance of 461.19 feet; Thence, second course: S00º00’00”W, a distance of 567.54 feet; Thence, third course: N83º15’19”W, a distance of 597.38 feet; Thence, fourth course: S06º44’41”W, a distance of 82.18 feet; Thence, fifth course: southwesterly, curving to the right on a curve with a radius of 182.00 feet, a delta angle of 53º16’41”, a length of 169.24 feet, a chord bearing of S33º23’02”W, and chord distance of 163.21 feet; Thence, sixth course: S60º01’22”W, a distance of 91.24 feet; Thence, seventh course: N26º25’04”W, a distance of 5.31 feet; Thence, eighth course: northwesterly, curving to the left on a curve with a radius of 581.20 feet, a delta angle of 56º52’25”, a length of 576.91 feet, a chord bearing of N56º38’32”W, and chord distance of 553.52 feet, to a point on the easterly edge of South Dakota South Highway 16 right-of-way; Thence, ninth course: N06º38’59”E, along the easterly edge of said right-of-way, a distance of 455.72 feet, to a point on the N 1/16th line of Section 35; Thence, tenth course: N06º40’09”E, along the easterly edge of said right-of-way, a distance of 598.55 feet; Thence, eleventh course: S83º15’19”E, a distance of 1150.19 feet, to the point of beginning. Said parcel contains 1,299,751.10 square feet or 29.8380 acres more or less, located near the intersection of S.D. South Highway 16 and Moon Meadows Road on the east side of S.D. South Highway 16.

125.         No. 05RZ022 First Reading, Ordinance No. 5050, a request by Cedar Hill Corporation for a Rezoning from Mobile Home Residential District to Low Density Residential - II District on two tracts of land located in the SW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota more particularly described as follows: Tract 1: Beginning at a point from which the N 1/16 corner of Section 24 bears N89º45’54”W a distance of 33.00 feet; Thence S89º45’54”E a distance of 204.00 feet; Thence S00º28’01”W a distance of 529.94 feet; Thence S89º31’59”E a distance of 169.42 feet; Thence S77º13’54”E a distance of 144.99 feet; Thence S00º26’09”W a distance of 111.69 feet; Thence S45º19’07”W a distance of 14.17 feet; thence on a curve turning to the right with an arc length of 99.69 feet, a radius of 224.00 feet, a chord bearing of N75º45’01”W and a chord length of 98.87 feet; thence on a curve turning to the left with an arc length of 127.81 feet, a radius of 276.00 feet, a chord bearing of N76º16’00”W and a chord length of 126.67 feet; thence N89º31’59”W a distance of 275.83 feet; thence N44º31’59”W a distance of 14.14 feet; thence N00º28’01”E a distance of 619.11 feet to the point of beginning.  Said tract contains 3.75 acres more or less. Tract 2: Beginning at the ¼ corner common to Sections 23 and 24; thence S89º48’44”E a distance of 33.00 feet; thence S89º48’44”E a distance of 175.00 feet; thence N00º28’01”E a distance of 539.76 feet; thence S89º31’59”E a distance of 99.50 feet; thence S82º34’08”E a distance of 68.31 feet; thence S63º24’40”E a distance of 92.01 feet; thence S83º10’51”E a distance of 89.53 feet; thence on a curve turning to the left with an arc length of 25.10 feet, a radius of 236.29’, a chord bearing of N03º28’47”E and a chord length of 25.09’; thence N00º26’09”E a distance of 77.98 feet; thence N44º38’43”W a distance of 14.12 feet; thence on a curve turning to the right with an arc length of 123.80’, a radius of 276.00 feet, a chord bearing of N75º51’02”W and a chord length of 122.76 feet; thence on a curve turning to the left with an arc length of 103.73’, a radius of 224.00 feet, a chord bearing of N76º16’00”W and a chord length of 102.81 feet; thence N89º31’59”W a distance of 275.83 feet; thence S45º28’01”W a distance of 14.14 feet; thence S00º28’01”W a distance of 191.11 feet; thence S44º31’59”E a distance of 14.14 feet; thence S00º28’01”W a distance of 52.00 feet; thence S45º28’01”W a distance of 14.14 feet; thence S00º28’01”W a distance of 85.00 feet; thence N89º31’59”W a distance of 52.00 feet; thence S00º28’01”W a distance of 85.00 feet; thence S45º28’01”W a distance of 14.14 feet; thence S00º28’01”W a distance of 49.00 feet; thence S44º31’59”E a distance of 14.14 feet; thence S00º28’01”W a distance of 135.67 feet; thence S89º45’08”E a distance of 19.00 feet to the point of beginning; said tract contains 3.80 acres, more or less, located generally lying south of Nicole Street, west of Brooke Street, and west of Northridge Drive.

126.         No. 05RZ023 First Reading, Ordinance No. 5051, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on the eastern most 504 feet of the SW1/4NW1/4 and the SE1/4NW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road.

127.         No. 05RZ024 First Reading, Ordinance No. 5052, a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on the northern most 210 feet of the SE1/4SW1/4SW1/4; the NE1/4SW1/4SW1/4; the northern most 870 feet of the SE1/4SW1/4; the E1/2 NW1/4SW1/4; the NE1/4SW1/4; the NW1/4SE1/4; and the NE1/4SE1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road.

128.         No. 05RZ025 First Reading, Ordinance No. 5053, a request by City of Rapid City for a Rezoning from No Use District to Medium Density Residential District on the north 200 feet of Lot 1, Neffs Subdivision #3; the eastern most 440 feet and southern most 450 feet of the SW1/4SW1/4; and the southern most 450 feet of the SE1/4SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the north 670 feet of the NE1/4NW1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of East Anamosa Street and Elk Vale Road.

129.         No. 05RZ026 First Reading, Ordinance No. 5054, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on the SW1/4SW1/4SW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; the west 130 feet of NW1/4NW1/4, Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the west 130 feet lying adjacent to RR ROW and south of RR ROW, located in the SW1/4SW1/4 of Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the north 670 feet of the NW1/4NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of East Anamosa Street and Elk Vale Road.

130.         No. 05RZ027 First Reading, Ordinance No. 5055, a request by City of Rapid City for a Rezoning from No Use District to Office Commercial District on the west 816 feet of the SW1/4NW1/4; the W1/2NW1/4SW1/4; and the NW1/4SW1/4SW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road.

131.         No. 05RZ028 First Reading, Ordinance No. 5056, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on the easternmost 1824.64 feet of the SW1/4 of Section 27 lying south of Lot H7 of the SW1/4, all located in Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the easternmost 1824.64 feet of the N1/2NW1/4 of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road.

132.         No. 05RZ003 – Second Reading, Ordinance No. 5027, a request by Fisk Land Surveying and Consulting Engineers for Donald Potts for a Rezoning from General Agriculture District to Park Forest District on the SW1/4 SW1/4 SE1/4 & SE1/4 SW1/4 SE1/4, less Lot H-1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest  of the intersection of Haugo Drive and Catron Boulevard.

133.         No. 05RZ017 - Second Reading, Ordinance No. 5044, a request by Ted Schultz, CETEC Engineering Services, Inc. for Generations Care, LLC for a Rezoning from General Agriculture District to Office Commercial District on property described by metes and bounds beginning at the southwesterly corner of Tract H of Wesleyan Christian Center, thence N76º34'25" E a distance of 263.55 feet; thence N17º48'36" W a distance of 117.79 feet; thence N37º51'47" W a distance of 46.34 feet; thence N72º03'18" E a distance of 159.45 feet, thence S57º08'25" W a distance of 52.00 feet; thence with a curve turning to the right with a radius of 149.99 feet, with an arc length of 39.01 feet, with a chord bearing of S25º22'55" E, with a chord length of 38.90 feet, thence S17º50'42" E a distance of 299.76 feet; thence S27º16'02" W a distance of 14.10 feet; thence S72º12'20" W a distance of 256.46 feet; thence N17º47'39" W a distance of 0.00 feet; thence with a curve turning to the right with a radius of 169.61 feet, with an arc length of 110.82 feet, with a chord bearing of N89º04'34" W, with a chord length of 108.86 feet, thence N70º21'28" W a distance of 53.50 feet; thence with a curve turning to the left with a radius of 333.35 feet, with an arc length of 162.43 feet, with a chord bearing of N00º31'09" E, with a chord length of 160.83 feet; which is the point of beginning, having an area of 94233.94 square feet, 2.163 acres all lying in the NW1/4 of SW1/4, Section 26 and the NE1/4 of SE1/4 of Section 27, T2N, R7E, B.H.M. Rapid City, Pennington County, South Dakota, located northwest of Harmony Heights Lane and Sunny Springs Drive.

134.         No. 05RZ018 - Second Reading, Ordinance No. 5045, a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot X of Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Homestead Street between Degeest Street and Aurora Drive. 

LEGAL & FINANCE COMMITTEE ITEMS

135.         No. LF030205-01 Request for waiver of drainage easement to build a carport at 4003 Mary Drive, Craig Heiberger.

136.         No. LF111004-04 Deny the Event Permit for motorcycle parking during the 2005 Rally.   

PUBLIC WORKS COMMITTEE ITEMS

137.         Construction of East Franklin Street 

CIP COMMITTEE ITEMS 

FINANCE OFFICER’S ITEMS 

APPROVAL OF BILLS

138.         No. CC032105-02 March 21, 2005 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS

139.         Sewer & Water Master Plan 

CITY ATTORNEY’S ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADDENDUM     PUBLIC HEARINGS 

117. A.    No. CC032105-03 Resolution Levying Assessment for Cleanup Of Miscellaneous Properties

ADJOURN