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

May 3, 2004 - 7:00 P.M.

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

ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVAL OF MINUTES – Approve the Minutes of April 19, 2004  

ADOPTION OF THE AGENDA  

Awards and Recognitions

1.         Citizen of the Month Award 

General Public Comment

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

2.                  Dennis Halterman, request to establish a task force to review the Downtown Historic Sign Ordinance 

Bid Openings

3.                  No. CC050304-02 – 2004 Police Vehicle Contract for Full Size Police Package Sedans (Opened on April 23, 2004)

4.         No. CC050304-01 – Heidiway Lane Sanitary Sewer Extension Project SS01-1061 (Opened on April 28, 2004)

5.         No. CC050304-01 – Star of the West Parking Lot Project PR04-1336 (Opened on April 28, 2004)

6.         No. CC050304-01Minneluzahan Senior Center Parking Lot Overlay Project PL04-1343 (Opened on April 28, 2004)

7.         No. CC050304-01Milwaukee Street Mill and Inlay Project ST04-1378 (Opened on April 28, 2004)

8.         No. CC050304-01 – Roadway Marking Contract Project PM04-1394 (Opened on April 28, 2004)

9.         No. CC050304-01 – Proposals for Amusement, Food and Hot Beverage Vending at the Roosevelt Swim Center (Opened on April 28, 2004)

10.         No. CC050304-01 – One New Current Model Year, One-Ton Crew Cab, Long Box Duel Rear Wheel, Diesel 4x4 Pickup for the Fire Department (Opened on April 29, 2004)

11.       No. CC050304-01 – Variance Pit Closure Project LF04-1368 (Opened on April 30, 2004) 

Items from the Mayor

12.             2012 Report 

13.             Confirm appointment of Mason Short as the Director of the Rapid City Regional Airport 

Items from Council Members/Liaison Reports 

Motions for Delivery of Item From Committee 

Continued Items Consent Calendar – Items 14-41 

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 May 17, 2004: 

14.             No. 02PL116 - A request by Dream Design International, Inc. for a Final Plat on Lot 1, Block 1; Lots 1 thru 5, Block 2; Lots 1 and 2, Block 3; Lots 1 and 2, Block 4; Lots 1 thru 4, Block 5; Lot 1, Block 6 and dedicated Street, Big Sky Business Park, located in the SW1/4 SW1/4 and the S1/2 NW1/4 NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 SW1/4 NW1/4 including private drive, less Lot H2 and less right-of-way; the unplatted portion of the E1/2 SW1/4 NW1/4; and the unplatted portion of the S1/2 GL3; S1/2 GL4 less Lot 1 and less Lot H3; SE1/4 NW1/4 less Big Sky Subdivision and less right-of-way; all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Homestead Street and Elk Road. 

15.             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. 

16.             No. 03PL051 - A request by Doug Sperlich for Jeff Stone for a Final Plat on Lots 1, 2 and 3 of Block 1 of Sunset Heights Subdivision, located in the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Broadmoor Drive. 

17.             No. 03PL052 - A request by Dream Design International, Inc. for a Final Plat on Lots 1-4, Block 1 and Outlot D; Lots 1-7, Block 2; Lots 1-3, Block 3, of Stoney Creek South Subdivision and Dedicated Bendt Drive and Major Drainage Easements located in the NW1/4 SW1/4 and the SW1/4 SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the S1/2 NW1/4 SW1/4 less Lots H1 and H2, Section 22, T1N, R7E; a portion of the unplatted balance of the N1/2 NW1/4 SW1/4 located south of Catron Boulevard, Section 22, T1N, R7E; a portion of the unplatted balance of the E1/2 SW1/4 less Stoney Creek Subdivision and less Lot H2, Section 22, T1N, R7E; and, a portion of the unplatted balance of the SW1/4 SW1/4 less Lot H1 and Lot P1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of Sheridan Lake Road and Catron Boulevard. 

18.             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. 

19.             No. 03PL088 - A request by Dream Design International, Inc. for Sally Broucek for a Final Plat on Lots 1 thru 10 of Block 1 and Lots 1 thru 19 of Block 2 of Stoneridge Subdivision located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 of the S1/2 of Government Lot 4 located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Parkview Drive. 

20.             No. 03PL094 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Preliminary and Final Plat on Lot 2, Moon Ridge Subdivision, located in the NE1/4 of the SE1/4, Section 34, T1N,R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 2 of Pioneer Subdivision located in the NE1/4 of the SE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the U.S. Highway 16 and Moon Meadows Road. 

21.             No. 03PL099 - A request by FMG, Inc. for Bill Freytag for a Final Plat on Lots 6 through 9 of Block 4 and Lot 21R of Block 1 and Lot 22R of Block 1, Tyler Knue Subdivision, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 21 and a portion of Lot 22 of Block 1 and a portion of Lot 22 of Block 1 and a portion of the unplatted balance of the NW1/4 NW1/4 all of Tyler Knue Subdivision and dedicated public right of way shown as Nicole Street, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Nicole Street. 

22.             No. 03PL104 - A request by Dream Design International, Inc. for a Final Plat on Lot 13 and Tract A, Block 4; Lots 6 thru 12, Block 16; Lots 1A thru 12A, Lots 1B thru 12B, and Tract B, Block 18; Tract C and Dedicated Streets; Big Sky Subdivision, located in the N1/2 NW1/4 SE1/4 and the SW1/4 NE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the SW1/4 NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, the unplatted portion of the NW1/4 SE1/4 less Big Sky Subdivision, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Patricia Street, Aurora Drive and Carl Avenue. 

23.             No. 03SV035 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Variance to the Subdivision Regulations to waive the requirement to  install curb, gutter, sidewalk, street light conduit, water, sewer and pavement on the section line highway and to waive the requirement to install curb, gutter, sidewalk and street light conduit on U.S. Highway 16 as per Chapter 16.16 of the Rapid City Municipal Code on a portion of Tract 2 of Pioneer Subdivision, located in the NE1/4 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows:  Commencing at a point on the section line highway between Sections 27 and 34, common to northeasterly corner of said Tract 2 of Pioneer Subdivision, and the Point of Beginning; thence, first course: S00º00'00E, along the easterly boundary of said Tract 2 of Pioneer Subdivision, common with the westerly edge of the statutory section line right-of-way, and common with the westerly edge of U.S. Highway 16 right-of-way, a distance of 109.69 feet, to an angle point; thence, second course:  S07º20'00"W, along the easterly boundary of said Tract 2, common with the westerly edge of the right-of-way of U.S. Highway 16, a distance of 303.97 feet, to the northeasterly corner of Lot 3 of Moon Ridge Subdivision; thence, third course: S89º53'10"W, along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 1247.37 feet, to a point on the westerly boundary of said Tract 2, common with the northwesterly corner of said Lot 3 of Moon Ridge Subdivision; thence, fourth course:  N00º11'53"E, along the westerly boundary of said Tract 2, a distance of 411.10 feet, to a point on the section line common to Section 27 and 34, common to a point the southerly boundary of Lot 5 of Godfrey Addition, and common to the northwesterly corner of said Tract 2; thence fifth course:  N89º52'53"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 4 and 5 of said Godfrey Addition, a distance of 796.18 feet, to an angle point; thence, sixth course: N89º50'57"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, and common with the southerly boundary of Lots 3 and 4 of said Godfrey Addition, a distance of 466.12 feet, to an angle point; thence, seventh course: S89º10'40"E, along the northerly boundary of said Tract 2, common to the section line between Sections 27 and 34, a distance of 22.45 feet, to the northeasterly corner of said Tract 2, and the Point of Beginning; said parcel contains 12.00 acres more or less, located northwest of U.S. Highway 16 and Moon Meadows Road. 

24.             No. 04PL016 - A request by Renner & Associates for Barry Peterson for a Preliminary Plat on Lots A, B, and C of Lots 4R and 5R, Sale Barn Subdivision located in the SE1/4 NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 4R and 5R of Sale Barn Subdivision located in the SE1/4 NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Kennel Drive along Centre Street. 

25.             No. 04PL020 - A request by Dream Design International, Inc. for a Preliminary Plat on Tract 1 and Tract 2 located in the N1/2 NW1/4 SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, legally described as N1/2 NW1/4 SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, located along North Elk Vale Road. 

26.             No. 04PL022 - A request by Gordon Howie for Galen Steen for a Preliminary Plat on Lots 1 and 2, Steen Subdivision, located in the E1/2, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the west 66 feet of NW1/4 NE1/4, the SW1/4 NE1/4 and a portion of the NW1/4 SE1/4 of Section 25, located in the E1/2, Section 25, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Anderson Road and South Side Drive. 

27.             No. 04PL023 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Dan O'Brien for a Preliminary Plat on Lots 1 through 16 inclusive and Drainage Lot A of Block 10 of Fairway Hills P.R.D. and dedicated right-of-way all located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all of Lot 3, all of Lot DE1 of Lot 3A and a portion of Lot 3A of Fairway Hills P.R.D., and a portion of the unplatted portion of the NW1/4 SW1/4 of Section 15, T1N, R7E, BHM of Fairway Hills P.R.D. all located in the W1/4 of Section 15, T1N,R7E, BHM, Rapid City, Pennington County, South Dakota, located along Sheridan Lake Road, Heidiway Lane and Fairway Hills Drive. 

28.             No. 04PL024 - A request by Sperlich Consulting Inc. for Gordon Howie for a Layout and Preliminary Plat on Lot 10 and Lots 19 thru 23 of Block 8, Lots 2 thru 7 of Block 20, Lots 13 thru 19 of Block 21, Lots 1 thru 9 of Block 23, Lots 1 thru 8 of Block 24, Lots 1 thru 3 of Block 25, and Drainage Lot, Trailwood Village, located in the E1/2 SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village located in the E1/2 SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located west of Plateau Lane along Williams Street, Leola Lane and Quad Court. 

29.             No. 04PL036 - A request by Franklin Simpson for Fountain Springs Development for a Layout and Preliminary Plat on Tract N of the Fountain Springs Business Park located in the SW1/4 NE1/4 and NW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract C-R-3 of Fountain Springs Golf Course and Gardens located in the SW1/4 NE1/4 and NW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Fountain Plaza Drive between N. Plaza Drive and South Plaza Drive. 

30.             No. 04PL039 - A request by Ferber Engineering Company, Inc. for Cregut Inc. for a Preliminary Plat on Lot 1 of Lot C of Lot 1 of Rohrer Subdivision located in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot C of Lot 1 of Rohrer Subdivision located in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, located at 7800 Alberta Drive. 

31.             No. 04PL043 - A request by Sperlich Consulting Inc. for Walgar Development for a Layout and Preliminary Plat on Lot 1 of Block 1, Minnesota Park Subdivision, located in the N1/2 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. and a portion of the SE1/4 of the NW1/4 of the SE1/4 located in the N1/2 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of Wisconsin Avenue and East Minnesota Street. 

32.             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. 

33.             No. 04SV001 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, sewer, water, street light conduit and pavement along the eastern 115 feet of Homestead Street as per Chapter 16.16 of the Rapid City Municipal Code on the unplatted portion of the SW1/4 NE1/4, Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Homestead Street. 

34.             No. 04SV004 - A request by Sperlich Consulting, Inc. for 16 Plus, LLP for a Variance to the Subdivision Regulations to waive the requirement to construct curb, gutter, sidewalk, street light conduit, water, sewer, pavement and to dedicate right-of-way along a collector street and to waive the requirement to construct curb, gutter, sidewalk, street light conduit, water, sewer and pavement along a Section Line Highway as per Chapter 16.16 of the Rapid City Municipal Code on a portion of Tract 2 of Pioneer Subdivision, located in the NE1/4 of the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; more fully described as follows:  Commencing at a point on the section line between to Sections 27 and 34, common to the northeasterly corner of said Tract 2 of Pioneer Subdivision, and the Point of Beginning; Thence, first course: S00º00'00"E, along the easterly boundary of said Tract 2 of Pioneer Subdivision, common with the westerly edge of the statutory section line right-of-way, and common with the westerly edge of U.S. Highway 16 right-of-way, a distance of 109.69 feet, to an angle point; Thence, second course: S07º20'00"W, along the easterly boundary of said Tract 2, common with the westerly edge of the right-of-way of U.S. Highway 16, a distance of 303.97 feet, to the northeasterly corner of Lot 3 of Moon Ridge Subdivision; Thence, third course:  S89º53'10"W, along the northerly boundary of said Lot 3 of Moon Ridge Subdivision, a distance of 1247.37 feet, to a point on the westerly boundary of said Tract 2, common with the northwesterly corner of said Lot 3 of Moon Ridge Subdivision; Thence, fourth course:  N00º11'53"E, along the westerly boundary of said Tract 2, a distance of 411.10 feet, to a point on the section line common to Sections 27 and 34, common to a point the southerly boundary of Lot 5 of Godfrey Addition, and common to the northwesterly corner of said Tract 2; Thence, fifth course:  N89º52'53"E, along the northerly boundary of said Tract 2, common to the section line between to Sections 27 and 34, and common with the southerly boundary of Lots 4 and 5 of said Godfrey Addition, a distance of 796.18 feet, to an angle point; Thence, sixth course:  N89º50'57"E, along the northerly boundary of said Tract 2, common to the section line between to Sections 27 and 34, and common with the southerly boundary of Lots 3 and 4 of said Godfrey Addition, a distance of 466.12 feet, to an angle point; Thence, seventh course:  S89º10'40"E, along the northerly boundary of said Tract 2, common to the section line between to Sections 27 and 34, a distance of 22.45 feet, to the northeasterly corner of said Tract 2, and the Point of Beginning; said parcel contains 12.000 acres more or less; and, a portion of Tract 2 of Pioneer Subdivision, and a portion of the W1/2 of the NE1/4 of Section 34, located in the NE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; More fully described as follows:  Commencing at northwesterly corner of said Tract 2 of Pioneer Subdivision, common to a point on the southerly boundary of Lot 5 of Godfrey Addition, and the Point of Beginning; Thence, first course: N89º52'3"E, along the Section Line common to Sections 27 and 34, common with the northerly boundary of said Tract 2 of Pioneer Subdivision, and common with the southerly boundary of Lot 5 of Godfrey Addition, a distance of 48.99 feet; Thence, second course: southwesterly, curving to the left on a curve with a radius of 960.00 feet, a delta angle of 18º22'16", an arc length of 307.81 feet, a chord bearing of S09º23'33"W, and a chord distance of 306.49 feet, to a point of tangency;  Thence, third course:  S00º12'25"W, a distance of 108.82 feet;  Thence, fourth course:  S89º53'10"W, a distance of 80.00 feet; Thence, fifth course:  N00º12'25"E, a distance of 109.26 feet; Thence, sixth course: northeasterly, curving to the right on a curve with a radius of 1040.00 feet, a delta angle of 16º53'09", an arc length of 306.50 feet, a chord bearing of N08º38'59"E, and a chord distance of 305.39 feet, to a point on the Section Line common to Sections 27 and 34, common with the southerly boundary of Lot 5 of Godfrey Addition;  Thence, seventh course:  N89º52'53"E, along the Section Line common to Sections 27 and 34, common with the southerly boundary of Lot 5 of Godfrey Addition, a distance of 35.10 feet to the northwesterly corner of said Tract 2 of Pioneer Subdivision, common to a point on the southerly boundary of Lot 5 of Godfrey Addition, and the Point of Beginning; said parcel 0.764 acres more or less, located northwest of the U.S. Highway 16 and Moon Meadows Road. 

35.             No. 04SV009 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit and sidewalk on one side of the street and to allow lots twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 38 of Block 1, Lots 1 thru 39 of Block 2 and Lots 1 thru 18 of Block 3, Rainbow Ridge Subdivision, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, legally described as S1/2 NE1/4, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located west of Bunker Drive. 

36.             No. 04SV014 - 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 as per Chapter 16.16 of the Rapid City Municipal Code on Tract 1 and Tract 2 located in the N1/2 NW1/4 SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, legally described as N1/2 NW1/4 SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, located along North Elk Vale Road. 

37.             No. 04SV016 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Dan O'Brien for a Variance to the Subdivision Regulations to waive the requirement to install street light conduit and to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on a tract of land located within the Southwest One Quarter (SW ¼) of Section Fifteen (15) of 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 northwest corner of Lot Six (6) of Block Nine (9) of Fairway Hills P.R.D., located in the Southwest One Quarter (SW ¼) of Section Fifteen (15) of Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Rapid City, Pennington County, South Dakota, as shown on the plat recorded on August 22, 1997 and filed in Plat Book 28 of Plats on Page 41, said corner being marked with a rebar and cap marked “Davis Eng 3095”; thence, southwesterly along the westerly edge of said Lot Six, South 18 degrees 28 minutes 52 seconds West (more or less) a distance of 111.80 feet (more or less), to a corner of said Lot Six, said corner being marked with a rebar and cap marked “Davis Eng 3095”; thence, continuing southeasterly along the westerly edge of said Lot Six, South 19 degrees 43 minutes 55 seconds East (more or less) a distance of  106.84 feet (more or less), to the southerly corner of said Lot Six and the northwesterly corner of Lot Two (2) of Block Nine (9) of Fairway Hills P.R.D., as shown on the plat recorded on November 18, 1993 and recorded in Plat Book 25 on Page 181,  said corner being marked with a rebar and cap marked “LS 2554”; thence, continuing southwesterly along the westerly edge of said Lot Two, South 10 degrees 57 minutes 41 seconds West (more or less) a distance of 143.39 feet (more or less) to a corner on the west line of said Lot Two, said corner being marked with a rebar and cap marked “LS 2554”; thence, continuing southeasterly along the westerly edge of said Lot Two, South 32 degrees 59 minutes 10 seconds East (more or less) a distance of 189.09 feet (more or less) to the southwest corner of said Lot Two, said corner being marked with a rebar and cap marked “LS 2554” and located along the northerly edge of Lot Six (6) of Block One (1) of  Spring Brook Acres, as shown on the plat recorded on July 26, 1972 and recorded in Plat Book 12 on Page 59; thence, continuing westerly along the northerly edge of said Lot Six, South 89 degrees 44 minutes 54 seconds West (more or less) a distance of 248.12 feet (more or less) to the  northwest corner of said Lot Six and the northeast corner of Lot Five (5) of Block One (1) of Spring Brook Acres, said corner being marked with a rebar; thence, continuing westerly along the northerly edge of said Lot Five, South 89 degrees 42 minutes 57 seconds West (more or less) a distance of 73.08 feet (more or less) to the northwest corner of said Lot Five and the northeast corner of Lot Four (4) of Block One (1) of Spring Brook Acres, said corner being marked with a rebar; thence, continuing westerly along the northerly edge of said Lot Four and along the northerly edge of Lot Three (3) of Block One (1) of Spring Brook Acres, South 89 degrees 42 minutes 57 seconds West (more or less) a distance of 217.92 feet (more or less) to the northwest corner of  said Lot Three and the northeast corner of Lot A of Lot Two (2) of Block One (1) of Spring Brook Acres, as shown on the plat recorded on March 20, 1997 and filed in Plat Book 27 on Page 189, said corner being marked with a rebar; thence, continuing westerly along the northerly edge of said Lot A of Lot Two, South 89 degrees 43 minutes 51 seconds West (more or less) a distance of 263.57 feet (more or less) to a point along the easterly edge Sheridan Lake Road right-of-way and the southeasterly corner of Lot H1 of the unplatted portion of the Northwest One Quarter (NW ¼ ) of the Southwest One Quarter (SW ¼) of Section Fifteen (15) Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), City of Rapid City, Pennington County, South Dakota as shown on the plat recorded on May 21, 1993 and recorded in Plat Book 8 of Highway Plats on Page 54; thence, curving to the left and continuing northeasterly along the easterly edge of said Lot H1 on a curve with a radius of 672.62 feet, a delta of 17 degrees 57 minutes 06 seconds, an arc length of 210.74 feet and a chord bearing of North 47 degrees 59 minutes 42 seconds East (more or less) and chord distance of 209.88 feet, more or less; thence, continuing along the easterly edge of said Lot H1, South 51 degrees 09 minutes 05 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 38 degrees 50 minutes 55 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 51 degrees 09 minutes 05 seconds West (more or less) a distance of 4.00 feet (more or less); thence, curving to the left and continuing along the easterly edge of said Lot H1, on a curve with a radius of 672.62 feet, a delta of 1 degree 38 minutes 38 seconds, an arc length of 19.30 feet and a chord bearing of North 37 degrees 51 minutes 23 seconds East (more or less) and a chord distance of 19.30 feet (more or less); thence, continuing along the same curve and along the easterly edge of said Lot H1, on a curve with a radius of 672.62 feet, a delta of 11 degrees 54 minutes 54 seconds, an arc length of 139.88 feet and a chord bearing of North 31 degrees 04 minutes 36 seconds East (more or less) and a chord distance of 139.63 feet (more or less); thence, continuing along the same curve and along the easterly edge of said Lot H1, on a curve with a radius of 672.62 feet, a delta of 6 degrees 58 minutes 05 seconds, an arc length of 81.80 feet and a chord bearing of North 21 degrees 38 minutes 06 seconds East (more or less) and a chord distance of 81.75 feet (more or less); thence, continuing along the easterly edge of said Lot H1, South 72 degrees 01 minute 10 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 17 degrees 58 minutes 50 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 72 degrees 01 minute 10 seconds West (more or less) a distance of 4.00 feet (more or less); thence, curving to the left and continuing along the easterly edge of said Lot H1 on a curve with a radius of 672.62 feet, a delta of 0 degrees 58 minutes 08 seconds, an arc length of 11.38 feet and a chord bearing of North 17 degrees 19 minutes 33 seconds East (more or less) and a chord distance of 11.38 feet (more or less); thence, continuing along the same curve and the easterly edge of said Lot H1 on a curve with a radius of 672.62 feet, a delta of 2 degrees 03 minutes 55 seconds, an arc length of 24.25 feet and a chord bearing of North 15 degrees 48 minutes 30 seconds East (more or less) and a chord distance of 24.25 feet (more or less), to a point of tangent; thence, northeasterly along the easterly edge of said Lot H1 North 14 degrees 46 minutes 33 seconds East (more or less) a distance of 186.27 feet (more or less); thence, continuing along the easterly edge of said Lot H1, South 75 degrees 13 minutes 27 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 14 degrees 46 minutes 33 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H1, North 75 degrees 13 minutes 27 seconds West (more or less) a distance of 4.00 feet (more or less); thence, continuing northeasterly along the easterly edge of said Lot H1, North 14 degrees 46 minutes 33 seconds East (more or less) a distance of 22.45 feet (more or less); thence, continuing along the easterly edge of said Lot H1 along a curve to the right, said curve having a radius of 5693.58 feet, a delta of 0 degrees 28 minutes 02 seconds, an arc length of 46.44 feet and a chord bearing of North 14 degrees 51 minutes 53 seconds East (more or less) and chord distance of 46.44 feet (more or less); thence, continuing along the same curve along the easterly edge of said Lot H1, said curve having a radius of 5693.58 feet, a delta of 1 degree 09 minutes 02 seconds, an arc length of 114.34 feet and a chord bearing of North 15 degrees 40 minutes 43 seconds East (more or less) and chord distance of 114.33 feet (more or less), to a point along the easterly edge of Lot H2 of Lot 3A of Fairway Hills P.R.D., as shown on the plat recorded on May 21, 1993 and filed in Plat Book 8 of Highway Plats on Page 56; thence, continuing along the same curve along the easterly edge of said Lot H2 of Lot 3A, said curve having a radius of 5693.58 feet, a delta of 0 degrees 40 minutes 07 seconds, an arc length of 66.45 feet and a chord bearing of North 16 degrees 35 minutes 18 seconds East (more or less) and a chord distance of 66.45 feet (more or less); thence, continuing along the easterly edge of said Lot H2 of Lot 3A, South 73 degrees 03 minutes 26 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H2 of Lot 3A, North 16 degrees 56 minutes 34 seconds East (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H2 of Lot 3A, North 73 degrees 03 minutes 26 seconds West (more or less) a distance of 4.00 feet (more or less); thence, continuing along the easterly edge of said Lot H2 of Lot 3A, along a curve to the right, said curve having a radius of 5693.58 feet, a delta of 0 degrees 39 minutes 34 seconds, an arc length of 65.56 feet and a chord bearing of North 17 degrees 17 minutes 34 seconds East (more or less) and a chord distance of 65.56 feet (more or less) to the northeasterly corner of said Lot H2 of Lot 3A, said point also being located on the southerly line of Lot 3B of Fairway Hills P.R.D., as shown on the plat recorded July 9, 1980 and filed in Plat Book 17 of Plats on Page 189, said point marked by a rebar with survey cap “RW FISK 6565”; thence, continuing northeasterly along the southerly line of said Lot 3B, North 87 degrees 25 minutes 20 seconds East (more or less) a distance of 256.09 feet (more or less) to the southeast corner of said Lot 3B, said corner being marked by a rebar with survey cap “1019”; thence, South 25 degrees 09 minutes 50 seconds East (more or less) a distance of 132.38 feet (more or less); thence, South 14 degrees 38 minutes 21 seconds West (more or less) a distance of 186.02 feet  (more or less); thence, curving to the right 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, and a chord bearing of South 66 degrees 39 minutes 30 seconds East (more or less) and chord distance of 66.04 feet (more or less) to a point along the northerly edge of previously platted Fairway Hills Drive right-of-way; thence, South 18 degrees 35 minutes 19 seconds West (more or less) a distance of 62.17 feet (more or less) to the point of beginning; said tract of land contains 9.0 acres, more or less, located along Sheridan Lake Road, Heidiway Lane and Fairway Hills Drive. 

38.             No. 04SV018 - A request by Gary and Donna Kluthe for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 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. 

39.             No. 04SV019 - A request by Franklin Simpson for Fountain Springs Development 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 a parcel of land described by metes and bounds as beginning at the southwest corner of Tract L of the Fountain Springs Business Park:  Thence first course:  N89º23'38"E - 203.63 feet; thence second course:  S00º36'37"E - 555.42 feet; thence third course: S89º25'48"W - 124.89 feet; thence fourth course:  N08º41'27"W - 560.92 feet; said parcel located in the SW1/4 NE1/4 and NW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, containing 2.0949 acres, more or less and to be further described in platting as:  Tract N of the Fountain Springs Business Park formerly a portion of Tract C-R-3 of Fountain Springs Golf Course and Gardens located in the SW1/4 NE1/4 and NW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Fountain Plaza Drive between N. Plaza Drive and South Plaza Drive. 

40.             No. 04SV020 - A request by Ferber Engineering Company, Inc. for Cregut Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along a section line highway; and, to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer along Sheridan Lake Road as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of Lot C of Lot 1 of Rohrer Subdivision located in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot C of Lot 1 of Rohrer Subdivision located in the SW1/4 of the SE1/4 of Section 29, T1N, R7E, BHM, Pennington County, South Dakota, located at 7800 Alberta Drive. 

41.             No. 04SV021 - A request by Daniel and Lori Smith for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 2, Block 10 and Lot 2 of Block 13, located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1802 Valentine Street. 

End of Continued Items Consent Calendar 

Special Orders 

Matters to be Reconsidered 

Alcoholic Beverage License Applications 

Hearings

42.             Rapid City Arts Council, Inc. dba Dahl Arts Center, 713 Seventh Street, for a Special Malt Beverage and Wine License to be used on May 16, 2004

43.             C&C, LLC dba Schlotzsky’s Sandwich Café, 2520 W. Main Street, for an On-Off Sale Malt Beverage License (New License – No Video Lottery)

44.             C&C, LLC dba Schlotzsky’s Sandwich Café, 1375 N. LaCrosse Street, for an On-Off Sale Malt Beverage License (New License – No Video Lottery)

45.             C&C, LLC dba Schlotzsky’s Sandwich Café, 1375 N. LaCrosse Street, for an On-Sale Wine License (New License – No Video Lottery)

46.             Rapid City Area Chamber of Commerce, for a Special Malt Beverage & Wine License to be used on June 8, 2004 at Storybook Island, 1301 Sheridan Lake Road 

Set for Hearing (May 17, 2004) - On-Off-Sale Malt Beverage License Renewals 

47.             Wal-East Development, Inc. dba Jackpot Casino, 685 LaCrosse Street, for an On-off Sale Malt Beverage License Renewal

48.             ZBT, Inc. dba Jackpot Casino East, 2708 East Highway 44, for an On-Off-Sale Malt Beverage License Renewal

49.             CHAS, Inc. dba Jackpot Casino West, 2144 Jackson Boulevard, for an On-Off Sale Malt Beverage License Renewal

50.             ZBT, Inc. dba Joker’s Casino North, 608 ½ E. North Street, for an On-Off Sale Malt Beverage License Renewal

51.             SARF, Inc. dba Joker’s Casino South, 1320 Mt. Rushmore Road, Suite C, for an On-Off Sale Malt Beverage License Renewal

52.             City of Rapid City dba Rushmore Plaza Civic Center, 444 N. Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal 

Consent Calendar Items – 53-92 

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 

53.             No. PW042704-01 Approve a request to retain curb cuts at 3310 Sunshine Trail, Dave DeMaranville. 

54.             Adopt the 2004 edition of the Standard Rapid City Specifications, with the exception of Section 7 and Section 7A – General Conditions until reviewed by the City Attorney’s Office; request City staff to publish and implement the specifications; and request City staff not to change the specifications without Council approval. 

55.             Request staff of the Public Works Department and the Department of Parks and Recreation to discuss with Chris Orr, Rapid Weather new options for Water Conservation Measures and bring forward any recommendations. 

56.             Refer the Riley Street extension project to the Capital Improvements Committee; request the project be added to the list; and instruct the CIP Committee to not remove any existing projects from the list. 

57.             Authorize staff to purchase a polymer chemical for the Water Reclamation Facility from Drew Industrial, a sole source. 

58.             No. PW042704-03 Concur in the bid award of the Lange Road Sanitary Sewer Project No. SS03-1253 PCEMS X108 to Heavy Constructors, Inc., the lowest responsible bidder meeting specification, for the low unit prices bid for a total contract amount of $119,000. 

59.             No. PW042704-04 Authorize staff to advertise for bids for Catron Blvd. Sanitary Sewer Extension, Hwy 79 to 5th Street Project No. SS01-1052. 

60.             No. PW042704-05 Authorize staff to advertise for bids for Elm Avenue Reconstruction, Kansas City Street to St. Joseph Street Project No. ST04-1361. 

61.             No. PW042704-06 Authorize staff to advertise for bids for Low Level Water Reservoirs Interconnection Project No. W04-1374.  

62.             No. PW042704-07 Authorize Mayor and Finance Officer to sign Amendment No. 03 to Professional Service Agreement with Ferber Engineering for Construction Observation and Testing for Fifth Street Extension Project No. ST00-914 (ST01-1095) for an amount not to exceed $58,790. 

63.             No. PW042704-08 Authorize Mayor and Finance Officer to sign Professional Service Agreement with TSP to design Chapel Lane Bridge Widening Project No. ST04-1359 for an amount not to exceed $32,935. 

64.             No. PW042704-09 Authorize Mayor and Finance Officer to sign South Dakota Department of Transportation Program Resolution for Bridge Reinspection. 

65.             No. PW042704-10 Authorize Mayor and Finance Officer to sign South Dakota Department of Transportation Financial Agreement to pave alley between Omaha Street and Rapid Street westerly from Second Street. 

66.             No. PW042704-11 Authorize Mayor and Finance Officer to sign Agreement with AC Thorstenson LTD Partnership to pave alley between Omaha Street and Rapid Street westerly from Second Street. 

67.             No. PW042704-12 Authorize staff to proceed with Request for Proposals for Tallent Street Water Main Reconstruction Project No. SSW04-1263. 

68.             No. PW042704-13 Authorize staff to proceed with Request for Proposals for East Anamosa Street Extension, LaCrosse Street to Century Road Project No. ST04-1397. 

69.             No. PW042704-14 Acknowledge the Public Works Consultant Pre-Selection Committee Report. 

70.             Acknowledge the report on the 12th Street sewer, Jaaron Johnson. 

71.             No. 03VE018 Approve a Vacation of Minor Drainage Easement for petitioner Leroy and Sue Schlomer on Lots 34 and 35 of Block 5 of Green Valley Estates, Section 23, T1N, R8E, BHM, Pennington County, South Dakota, located at 6915 Green Valley Drive. 

72.             No. 04VE008 Approve with stipulations a Vacation of a Drainfield Easement for petitioner Davis Engineering, Inc. for Cynthia Hanson on Lot 8, Cinnamon Ridge Subdivision, Section 13, T1N, R6E, Pennington County, South Dakota, located at 7685 Cinnamon Ridge Drive. 

73.             No. 04VE009 Approve with stipulations a Vacation of Irrigation Ditch Easement for petitioner Kory Hammerbeck on Lot 4, Block 8, Elks Country Estates, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Hazeltine Court. 

74.             No. PW042704-15 Refer the continued use of 2003 Uniform Plumbing Code to the Development Appeals Review Board. 

Legal & Finance Committee Consent Items 

75.             No. LF042804-01 Approve request from YMCA to place three signs at LaCroix Links Golf Course and direct the YMCA to work with staff on an 11-6-19 review on an additional sign to be located outside the clubhouse on the property. 

76.             No. LF042804-03 Acknowledge the CIP Committee report. 

77.             Direct staff to begin the procedure to appropriate funding from the Utility Enterprise Funds to repay the funds to Streets & Drainage and the CIP Contingency Fund. 

78.             No. LF042804-04 Submit the projects on the Government Buildings Five Year Plan to the appropriate 2012 Committee for consideration and leave the five year plan as it is for now with the understanding that if the projects are not included on the 2012 Plan, the Government Buildings Five Year Plan will be re-visited. 

79.             No. LF042804-05 Approve the changes to the Streets & Drainage line item as noted on the spreadsheet dated April 16, 2004. 

80.             No. LF042804-06 Approve the Streets & Drainage Five Year Plan with the changes that have been made in 2004, adding $100,000 in 2005 for Project 50261, and adding a line to carry forward the balances available so that there are no negative balances. 

81.             No. LF042804-08 Approve Travel Request for Jon Dicks to Attend Training Courses for Forensic Examiner – Demystifying Palm Prints and Court Room Testimony in Carrolton, Texas, on July 11-17, 2004, in the approximate amount of $1,689.40. 

82.             No. LF042804-09 Authorize the Fire Department to submit the Rapid City Improvement Plan to the Insurance Services Office to maintain the Current Class 3 rating. 

83.             Approve the recommendation from the Healthcare Committee to contract with First Administrators (American National) regarding the City’s Health and Dental Plan. 

84.             No. LF042804-11 Authorize Mayor and Finance Officer to sign Memorandum of Understanding Increase in Educational Loan Amount. 

85.             No. LF042804-12 Authorize staff to advertise for Request for Proposals for advertising on golf carts. 

86.             Approve the following licenses:  Electrical Apprentice:  Chad Cooper, Roger A. Ferrigno, Daniel Garland, Chad Hein, Adam Johnson, Wayne Klug, Dennis LaRoche, Joe Proffitt, Kirby Wicks; Electrical Journeyman:  Brad Bialas, William D. Flockhart, Max Cook; Mechanical Apprentice:  Christopher D. Cerveny, Donald K. Muller; Mechanical Installer:  C. Michael Ballinger, Scott Collins, Carl Fleming, Jim Shuman; Mechanical Contractor:  Jef Mattern, Wolff’s Plumbing & Heating; Plumbing Apprentice:  Doug Beisner, Bruce A. Cantrall, Troy Konda, William Two Lance; Plumbing Contractor:  Mike Busetti, Black Hills Plumbing; David T. Rohrer; Myron Tatum, Action Mechanical; Dana Walker, Dana’s Plumbing; Plumber:  Eric T. Blackwell, Michael Delaney, Michael J. Hackmeister, Nick Kraft, Cecil Lewton, Rich A. Magnuson, David Ramsey, Leonard Snavely, Myron Tatum, Louie J. Tippmann, Shoun Vanderpol, Richard Wellnitz, Terry S. Wlodarczyk; Residential Contractor:  RE Construction, Inc., Richard Emery & Laura Emery. 

Planning Department Consent Items

87.             No. 03PL035 - A request by Renner & Sperlich Engineering Company for Dean Kelly for a Final Plat on Lots B and C of Lot 6, Miracle Pines Subdivision  located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 6 of Miracle Pines Subdivision located in the NE1/4 NW1/4, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3960 Corral Drive. 

88.             No. 04PL041 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Layout and Preliminary Plat on Lots 1 and 2 of Block 5, and Lot 12 of Block 6, Auburn Hills Subdivision and dedicated right-of-way of Chalkstone Drive, located in the NW1/4 of the SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SW1/4 located in the NW1/4 of SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of the intersection of Chalkstone Drive and Auburn Drive. 

89.             No. 04PL042 - A request by Daniel and Lori Smith for a Layout Plat on Lot 2, Block 10 and Lot 2 of Block 13, located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1802 Valentine Street. 

90.             No. 04PL045 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Co. for a Layout Plat on property described by metes and bounds, commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence travel 548.94 feet at a bearing S89º27'22"E to the Point of Beginning; travel 387.50 feet at a bearing N45º54'33"E to a point; thence 216.00 feet at a bearing N67º49'27"E to a point; thence travel 120.73 feet at a bearing N24º43'12"E to a point; thence travel 117.84 feet at a bearing N07º03'57"W to a point; thence travel 129.48 feet at a bearing N30º35'10"W to a point; thence travel 174.01 feet at a bearing N90º00'00"W to a point; thence travel 237.48 feet at a bearing N61º30'24"W to a point; thence travel 126.16 feet at a bearing N73º30'07"W to a point; thence travel 74.12 feet at a bearing N52º32'01"W to a point; thence travel 122.49 feet at a bearing S87º48'19"W to a point; thence travel 100.98 feet at a bearing S69º46'53"W to a point; thence travel 110.01 feet at a bearing S35º36'28"W to a point; thence travel 225.24 feet at a bearing N41º05'15"W to a point; thence travel 401.68 feet at a bearing N00º21'00"E to a point; thence travel 2337.68 feet at a bearing S89º27'07"E to a point; thence travel 107.83 feet at a bearing S57º14'09"W to a point; thence travel 63.00 feet at a bearing S38º41'00"W to a point; thence travel 89.00 feet at a bearing S68º55'00"W to a point; thence travel 47.00 feet at a bearing S54º43'00"W to a point; thence travel 95.00 feet at a bearing S47º03'00"W to a point; thence travel 77.00 feet at a bearing S69º31'00"W to a point; thence travel 160.63 feet at a bearing S45º15'58"W to a point; thence travel 93.87 feet at a bearing S45º43'39"W to a point; thence travel 96.40 feet at a bearing S34º35'20"E to a point; thence travel 219.73 feet at a bearing S55º19'07"W to a point; thence travel 333.97 feet along a 190' radius concave easterly curve with a chord bearing S05º32'55"W; thence travel 166.06 feet at a bearing S44º48'23"E to a point; thence travel 38.11 feet along a 210' radius concave southwesterly curve with a chord bearing S39º36'25"E, thence travel 214.00 feet at a bearing S34º24'28"E to a point; thence travel 26.11 feet at a bearing S45º11'37"W to a point; thence travel 1307.61 feet at a bearing N89º27'22"W to the point of beginning, located West of the western terminus of Fairmont Boulevard and north of Tower Road. 

91.             No. 04PL046 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Co. for a Layout Plat on property described by metes and bounds, commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, thence 1878.66 feet at a bearing S89º27'22"E to a point; thence 59.84 feet at a bearing N00º32'37"E to a point of beginning; thence travel 214.00 feet at a bearing N34º24'28"W to a point; thence travel 38.11 feet along a 210' radius concave southwesterly curve with a chord bearing N39º36'25"W, thence travel 166.06 feet at a bearing N44º48'23"W to a point; thence travel 333.97 feet along a 190' radius concave easterly curve with a chord bearing N05º32'55"E, thence travel 219.73 feet at a bearing N55º19'07"E to a point; thence travel 267.59 feet at a bearing S34º35'20"E to a point; thence travel 300.18 feet at a bearing S45º00'00"W to a point; thence travel 303.00 feet at a bearing S34º24'28"E to a point; thence travel 108.36 feet at a bearing S45º05'51"W to the point of beginning, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

92.             No. 04PL047 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Layout Plat on property described by metes and bounds as commencing at the SW corner of the NW ¼ of the SE 1/4 of Section 11, T1N, R7E, BHM, point also the Point of Beginning; travel 918.99 feet at a bearing N00º21'00" East to a point; thence travel 225.24 feet at a bearing S41º05’15" East to a point; thence travel 110.01 feet at a bearing N35º36'28" East to a point; thence travel 100.98 feet at a bearing N69º46'53" East to a point; thence travel 122.49 feet at a bearing N87º48'19" East to a point; thence travel 74.12 feet at a bearing S52º32'01" East to a point; thence travel 126.16 feet at a bearing S73º30'07" East to a point; thence travel 237.48 feet at a bearing S61º30'24" East to a point; thence travel 174.01 feet at a bearing N90º00'00" East to a point; thence travel 129.48 feet at a bearing S30º35'10" East to a point; thence travel 117.84 feet at a bearing S07º03'57” East to a point; thence travel 120.73 feet at a bearing S24º43'12" West to a point; thence travel 216.00 feet at a bearing S67º49'27" West to a point; thence travel 387.50 feet at a bearing S45º54'33" West to a point; thence travel 548.94 feet at a bearing N89º27'22" West to the point of beginning; said parcel contains approximately 16.55 acres more or less, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

END OF CONSENT CALENDAR 

Planning Department Items

93.             No. 04CA012 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 13.06 acre parcel from Residential to Low Density Residential II with a Planned Residential Development on property described by metes and bounds as beginning from a point 430.32 feet at a bearing S89º27'02"E from the SW corner of the NW1/4 of the SE 1/4 of Section 11, T1N, R7E, BHM; This is the point of beginning: Thence travel 1390.27 feet at a bearing S89º27'23" East to a point, thence travel 273.91 feet at a bearing S45º09'27" West to a point, thence travel along a 100.11 foot radius concave easterly curve with a chord bearing S04º34'14" East at a distance of 152.68 feet to a point, thence travel 27.01 feet at a bearing S54º22'24" East to a point, thence travel 179.20 feet at a bearing S35º06'11" West to a point; thence travel along a 229.33 foot radius concave southwesterly curve with a chord bearing S65º44'09" West, at a distance of 232.84 feet to a point, thence travel 134.38 feet at a bearing N82º37'26" West to a point, thence travel along a 251.47 foot radius concave Northeasterly curve with a chord bearing N61º51'37" West, at a distance of 178.04 feet to a point, thence travel 82.17 feet at a bearing N36º33'39" West to a point, thence travel along a 379.97 foot radius concave southerly curve with a chord bearing S86º34'59" West at a distance of 638.65 feet to a point; thence travel 490.92 feet at a bearing N07º00'51" East to the point of beginning; said parcel contains approximately 13.06 acres, located along Tower Road. 

94.             No. 04CA013 - A request by Wyss Associates, Inc. for WEB Land Holdings, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 4.8 acre parcel from Residential to Office Commercial with a Planned Commercial Development on property described by metes and bounds as beginning from the SW corner of the SE 1/4 of Section 11, T1N, R7E, BHM; travel 235.68 feet at a bearing N0º21'00" East to a point; thence travel along a 398.07 foot radius concave Northwesterly curve with a chord bearing N47º53'49" East, at a chord distance of 499.5 feet to a point; thence travel 106.52 feet at a bearing N07º07'14" East to a point; then travel along a 319.57 foot radius concave Southeasterly curve with a chord bearing N61º26'27" East at a chord distance of 519.17 feet to a point; then travel along a 390.57 foot radius concave Southwesterly curve with a chord bearing S47º12'05" East at a chord distance of 228.86 feet to a point; then travel along a 319.71 foot radius concave Northeasterly curve with a chord bearing S59º15'23" East, at a chord distance of 209.9 feet to a point to a point; then travel 168.12 feet at a bearing S81º57'45" East to a point to a point; then travel along a 266.67 foot radius concave Northwesterly curve with a chord bearing N60º59'38" East, at a chord distance of 321.30 feet to a point; thence travel 81.39 feet at a bearing N36º00'49" East to a point; this is the Point of Beginning; thence travel 35.94 feet at a bearing of N36º18'49" East to a point; thence travel along a 330.29 foot radius Southeasterly curve with a chord bearing N62º48'30" East, at a distance of 343.19 feet to a point; thence travel 11.14 feet at a bearing S08º15'56" West to a point; thence travel 317.84 feet at a bearing S69º5'42" East to a point; thence travel 361. 57 feet at a bearing S00º19'15" West to a point; thence travel 140.43 feet at a bearing S46º14'50" West to a point; thence travel 173.7 feet at a bearing N41º26'10" West to a point; thence travel 111.72 feet at a bearing N70º08'07" West to a point; thence travel 60 feet at a bearing N0º20'27” East to a point; thence travel 112.67 feet at a bearing N89º39'33" West to a point; thence travel 103.3 feet at a bearing N33º19'07" West to a point; thence travel 153.21 feet at a bearing N57º34'25" West to the point of beginning; said area contains approximately 4.8 acres, located along Tower Road. 

95.             No. 04CA016 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 24.696 acre parcel from General Agriculture to Flood Hazard on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E along the south line of said SW1/4, 1611.63 feet to the true point of beginning; thence departing said south line N00º12'03"E, 256.06 feet; thence N90º00'00"E, 650.55 feet; thence N00º00'00"E, 612.50 feet; thence N90º00'00”W, 425.33 feet; thence N00º00'00"E, 356.31 feet; thence N89º56'14"W, 603.08 feet; thence N39º12'45"W, 528.68 feet; thence N63º34'43"W, 307.11 feet; thence N90º00'00"W, 574.15 feet; thence N00º02'25"E, 100.00 feet; thence N90º00'00”E, 597.56 feet; thence S63º34'43"E, 352.18 feet; thence S39º12'45"E, 503.01 feet; thence S89º48'10"E, 1369.54 feet to a point lying on the east line of said SW1/4; thence S00º01'04"W along said east line, 1324.29 feet to the southeast corner of said SW1/4; thence N89º47'57"W along the south line of said SW1/4, 1039.77 feet to the true point of beginning containing 24.696 acres more or less, located along North Elk Vale Road. 

96.             No. 04CA017 - A request by the City of Rapid City for an Amendment to the Comprehensive Plan by revising the Southwest Connector Neighborhood Area Future Land Use Plan to change the future land use designation on a 24.92 acre parcel from Planned Residential Development with a maximum density of 4.8 dwelling units per acre to Low Density Residential on Lot 24,  Block 3; Lots 4, 5 and Outlot A, Block 4; Lots 1-22, Block 6;  and adjacent right of way, Stoney Creek Subdivision, located in NE1/4 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Nugget Gulch Road and Catron Boulevard. 

97.             Authorized Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements on Lots 4R and 5R of Sale Barn Subdivision located in the SE1/4 NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Kennel Drive along Centre Street. (04SV010) 

98.             No. 04SV010 - A request by Renner & Associates for Barry Peterson for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lots A, B, and C of Lots 4R and 5R, Sale Barn Subdivision located in the SE1/4 NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 4R and 5R of Sale Barn Subdivision located in the SE1/4 NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Kennel Drive along Centre Street. 

Ordinances & Resolutions

99.             No. LF041404-16 – Second Reading, Ordinance 4044 entitled An Ordinance Amending the Regulations of Adult Oriented Businesses by Amending Section 5.70.120 of the Rapid City Municipal Code. 

100.             No. LF041404-04 – Second Reading, Ordinance 4045 entitled An Ordinance Amending Sections 15.26.015 and 15.26.017 and Deleting Section 15.26.065 in Its Entirety of Chapter 15.26 of the Rapid City Municipal Code Regulating the Mechanical Code. 

101.         No. 04RZ019 - Second Reading, Ordinance 4052, a request by Dream Design International, Inc. for a Rezoning from No Use District to Flood Hazard on a parcel of land located in the SW1/4 of Section 22, T2N, R8E, BHM, Pennington County, South Dakota, being more particularly described as beginning at the southwest corner of said Section 22; thence S89º47'57"E along the south line of said SW1/4, 1611.63 feet to the true point of beginning; thence departing said south line N00º12'03"E, 256.06 feet; thence N90º00'00"E, 650.55 feet; thence N00º00'00"E, 612.50 feet; thence N90º00'00”W, 425.33 feet; thence N00º00'00"E, 356.31 feet; thence N89º56'14"W, 603.08 feet; thence N39º12'45"W, 528.68 feet; thence N63º34'43"W, 307.11 feet; thence N90º00'00"W, 574.15 feet; thence N00º02'25"E, 100.00 feet; thence N90º00'00”E, 597.56 feet; thence S63º34'43"E, 352.18 feet; thence S39º12'45"E, 503.01 feet; thence S89º48'10"E, 1369.54 feet to a point lying on the east line of said SW1/4; thence S00º01'04"W along said east line, 1324.29 feet to the southeast corner of said SW1/4; thence N89º47'57"W along the south line of said SW1/4, 1039.77 feet to the true point of beginning containing 24.696 acres more or less, located along North Elk Vale Road. 

102.         No. LF041404-02 – Second Reading, Ordinance 4053 entitled An Ordinance Amending the Regulation of Adult Oriented Businesses by Amending Sections 5.70.010, 5.70.030, and 5.70.050 of the Rapid City Municipal Code. 

103.         No. LF041404-06 – Second Reading, Ordinance 4054 entitled An Ordinance Modifying the Notification Requirements for a Planned Development Designation (PDD) by Amending Section 17.50.060 of the Rapid City Municipal Code. 

104.         No. 04RZ021 – Second Reading, Ordinance 4055, a request by Wyss Associates, Inc. for Web Real Estate Holdings Co. for a Rezoning from Park Forest District to Office Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence travel 548.94 feet at a bearing S89º27'22"E to the Point of Beginning; travel 387.50 feet at a bearing N45º54'33"E to a point; thence 216.00 feet at a bearing N67º49'27"E to a point; thence travel 120.73 feet at a bearing N24º43'12"E to a point; thence travel 117.84 feet at a bearing N07º03'57"W to a point; thence travel 129.48 feet at a bearing N30º35'10"W to a point; thence travel 174.01 feet at a bearing N90º00'00"W to a point; thence travel 237.48 feet at a bearing N61º30'24"W to a point; thence travel 126.16 feet at a bearing N73º30'07"W to a point; thence travel 74.12 feet at a bearing N52º32'01"W to a point; thence travel 122.49 feet at a bearing S87º48'19"W to a point; thence travel 100.98 feet at a bearing S69º46'53"W to a point; thence travel 110.01 feet at a bearing S35º36'28"W to a point; thence travel 225.24 feet at a bearing N41º05'15"W to a point; thence travel 401.68 feet at a bearing N00º21'00"E to a point; thence travel 2337.68 feet at a bearing S89º27'07"E to a point; thence travel 107.83 feet at a bearing S57º14'09"W to a point; thence travel 63.00 feet at a bearing S38º41'00"W to a point; thence travel 89.00 feet at a bearing S68º55'00"W to a point; thence travel 47.00 feet at a bearing S54º43'00"W to a point; thence travel 95.00 feet at a bearing S47º03'00"W to a point; thence travel 77.00 feet at a bearing S69º31'00"W to a point; thence travel 160.63 feet at a bearing S45º15'58"W to a point; thence travel 93.87 feet at a bearing S45º43'39"W to a point; thence travel 96.40 feet at a bearing S34º35'20"E to a point; thence travel 219.73 feet at a bearing S55º19'07"W to a point; thence travel 333.97 feet along a 190' radius concave easterly curve with a chord bearing S05º32'55"W; thence travel 166.06 feet at a bearing S44º48'23"E to a point; thence travel 38.11 feet along a 210' radius concave southwesterly curve with a chord bearing S39º36'25"E, thence travel 214.00 feet at a bearing S34º24'28"E to a point; thence travel 84.11 feet at a bearing S45º11'37"W to a point; thence travel 1270.61 feet at a bearing N89º27'22"W to the point of beginning, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

105.         No. 04RZ022 – Second Reading, Ordinance 4056, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Low Density Residential District to Low Density Residential II District on property described by metes and bounds as commencing at the SW corner of the NW ¼ of the SE 1/4 of Section 11, T1N, R7E, BHM, point also the Point of Beginning; travel 918.99 feet at a bearing N00º21'00" East to a point; thence travel 225.24 feet at a bearing S41º05’15" East to a point; thence travel 110.01 feet at a bearing N35º36'28" East to a point; thence travel 100.98 feet at a bearing N69º46'53" East to a point; thence travel 122.49 feet at a bearing N87º48'19" East to a point; thence travel 74.12 feet at a bearing S52º32'01" East to a point; thence travel 126.16 feet at a bearing S73º30'07" East to a point; thence travel 237.48 feet at a bearing S61º30'24" East to a point; thence travel 174.01 feet at a bearing N90º00'00" East to a point; thence travel 129.48 feet at a bearing S30º35'10" East to a point; thence travel 117.84 feet at a bearing S07º03'57” East to a point; thence travel 120.73 feet at a bearing S24º43'12" West to a point; thence travel 216.00 feet at a bearing S67º49'27" West to a point; thence travel 387.50 feet at a bearing S45º54'33" West to a point; thence travel 548.94 feet at a bearing N89º27'22" West to the point of beginning; said parcel contains approximately 16.55 acres more or less, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

106.         No. 04RZ015 - Second Reading, Ordinance 4048, a request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Rezoning from General Agriculture District to Low Density Residential II District on property described by metes and bounds as beginning 430.32 feet at a bearing S89º27'02"E from the SW corner of the NW1/4 of the SE 1/4 of Section 11, T1N, R7E, BHM; This is the point of beginning: Thence travel 1390.27 feet at a bearing S89º27'23" East to a point, thence travel 273.91 feet at a bearing S45º09'27" West to a point, thence travel along a 100.11 foot radius concave easterly curve with a chord bearing S04º34'14" East at a distance of 152.68 feet to a point, thence travel 27.01 feet at a bearing S54º22'24" East to a point, thence travel 179.20 feet at a bearing S35º06'11" West to a point; thence travel along a 229.33 foot radius concave southwesterly curve with a chord bearing S65º44'09" West, at a distance of 232.84 feet to a point, thence travel 134.38 feet at a bearing N82º37'26" West to a point, thence travel along a 251.47 foot radius concave Northeasterly curve with a chord bearing N61º51'37" West, at a distance of 178.04 feet to a point, thence travel 82.17 feet at a bearing N36º33'39" West to a point, thence travel along a 379.97 foot radius concave southerly curve with a chord bearing S86º34'59" West at a distance of 638.65 feet to a point; thence travel 490.92 feet at a bearing N07º00'51" East to the point of beginning; said parcel contains approximately 13.06 acres, located along Tower Road. 

107.         No. 04RZ016 - Second Reading, Ordinance 4049, a request by Wyss Associates, Inc. for WEB Land Holdings, LLC for a Rezoning from General Agriculture District to Office Commercial District on property described by metes and bounds as beginning from the SW corner of the SE 1/4 of Section 11, T1N, R7E, BHM; travel 235.68 feet at a bearing N0º21'00" East to a point; thence travel along a 398.07 foot radius concave Northwesterly curve with a chord bearing N47º53'49" East, at a chord distance of 499.5 feet to a point; thence travel 106.52 feet at a bearing N07º07'14" East to a point; then travel along a 319.57 foot radius concave Southeasterly curve with a chord bearing N61º26'27" East at a chord distance of 519.17 feet to a point; then travel along a 390.57 foot radius concave Southwesterly curve with a chord bearing S47º12'05" East at a chord distance of 228.86 feet to a point; then travel along a 319.71 foot radius concave Northeasterly curve with a chord bearing S59º15'23" East, at a chord distance of 209.9 feet to a point to a point; then travel 168.12 feet at a bearing S81º57'45" East to a point to a point; then travel along a 266.67 foot radius concave Northwesterly curve with a chord bearing N60º59'38" East, at a chord distance of 321.30 feet to a point; thence travel 81.39 feet at a bearing N36º00'49" East to a point; this is the Point of Beginning; thence travel 35.94 feet at a bearing of N36º18'49" East to a point; thence travel along a 330.29 foot radius Southeasterly curve with a chord bearing N62º48'30" East, at a distance of 343.19 feet to a point; thence travel 11.14 feet at a bearing S08º15'56" West to a point; thence travel 317.84 feet at a bearing S69º5'42" East to a point; thence travel 361. 57 feet at a bearing S00º19'15" West to a point; thence travel 140.43 feet at a bearing S46º14'50" West to a point; thence travel 173.7 feet at a bearing N41º26'10" West to a point; thence travel 111.72 feet at a bearing N70º08'07" West to a point; thence travel 60 feet at a bearing N0º20'27” East to a point; thence travel 112.67 feet at a bearing N89º39'33" West to a point; thence travel 103.3 feet at a bearing N33º19'07" West to a point; thence travel 153.21 feet at a bearing N57º34'25" West to the point of beginning; said area contains approximately 4.8 acres, located along Tower Road. 

108.         No. LF042804-07 First Reading, Ordinance No. 4057 Establishing Additional Two Hour Parking Spaces by Amending Section 10.44.010 of the Rapid City Municipal Code 

109.         No. 04OA005 First Reading, Ordinance No. 4058 Allowing Monument Sales and Engraving as a Conditional Use in the General Commercial Zoning District by Amending Section 17.18.030 of the Rapid City Municipal Code 

110.         No. 04RZ020 - First Reading, Ordinance 4059, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC to consider an application for a Rezoning from Park Forest District to Office Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota:  thence travel 918.99 feet at a bearing N00º21'00" East to the Point of Beginning; travel 401.68 feet at a bearing N00º21'00” East to a point; thence travel 160.75 feet at a bearing S89º22'18" East to a point; thence travel 67.43 feet at a bearing S09º59'31" West to a point; thence travel 115.00 feet at a bearing S05º14'58" East to a point; thence travel 106.97 feet at a bearing S34º54'43" West to a point; thence travel 245.15 feet at a bearing S00º21'00" West to a point; thence travel 151.09 feet at a bearing N41º05'15" West to the Point of Beginning; said area described contains approximately 1.34 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

111.         No. 04RZ023 - First Reading, Ordinance 4060, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC to consider an application for a Rezoning from Park Forest District to Low Density Residential II District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE 1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 588.52 feet at a bearing N00º21'00" East to the Point of Beginning; travel 330.47 feet at a bearing N00º21'00" East to a point; thence travel 151.09 feet at a bearing S41º05'15" East to a point; thence travel 14.84 feet at a bearing S00º21'00" West to a point; thence travel 239.65 feet at a bearing S10º42'07" East to a point on a curve; thence travel 65.70 feet along a 74.00 foot radius Concave Northerly curve with a chord bearing N80º16'49" West to a point on a curve; thence travel 77.31 feet along a 126.00 foot radius Concave Southerly curve with a chord bearing N72º25'20" West to a point; thence travel 7.41 feet at a bearing N89º51'16" West to the Point of Beginning; said area described contains approximately 0.78 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

112.         No. 04RZ024 - First Reading, Ordinance 4061, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC to consider an application for a Rezoning from Low Density Residential District to Office Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 805.71 feet at a bearing N00º21'00" East to a point; Thence travel 99.99 feet at a bearing S89º39'00" East to the Point of Beginning; travel 245.15 feet at a bearing N00º21'00" East to a point; thence travel 106.97 feet at a bearing N34º54'43" East to a point; thence travel 115.00 feet at a bearing N05º14'58" West to a point; thence travel 67.43 feet at a bearing N09º59'31" East to a point; thence travel 813.33 feet at a bearing S89º39'00" East to a point; thence travel 392.20 feet at a bearing S00º21'00” West to a point; thence travel 65.15 feet at a bearing East to a point; thence travel 318.07 feet at a bearing South to a point; thence travel 93.37 feet at a bearing N30º35'10" West to a point; thence travel 174.01 feet at a bearing West to a point; thence travel 237.48 feet at a bearing N61º30'24" West to a point; thence travel 126.16 feet at a bearing N73º30'07" West to a point; thence travel 74.12 feet at a bearing N52º32'01" West to a point; thence travel 122.49 feet at a bearing S87º48'19" West to a point; thence travel 100.98 feet at a bearing S69º46'53" West to a point; thence travel 110.01 feet at a bearing S35º36'28" West to a point; thence travel 74.15 feet at a bearing N41º05'15" West to the Point of Beginning; said area described contains approximately 10.74 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

113.         No. 04RZ025 - First Reading, Ordinance 4062, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC to consider an application for a Rezoning from Low Density Residential District to Office Commecial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 550.60 feet at a bearing S89º27'22" East to a point; Thence travel 1.39 feet at a bearing N00º32'38" East to the Point of Beginning; travel 384.90 feet at a bearing N45º54'33" East to a point; thence travel 216.00 feet at a bearing N67º49'27" East to a point; thence travel 42.13 feet at a bearing N24º43'12" East to a point; thence travel 155.08 feet at a bearing South to a point; thence travel 504.33 feet at a bearing S62º30'29" West to a point; thence travel 46.71 feet at a bearing N89º39'00" West to the Point of Beginning; said area described contains approximately 1.22 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

114.         No. 04RZ026 - First Reading, Ordinance 4063, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC to consider an application for a Rezoning from Medium Density Residential District to Low Density Residential II District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 1040.99 feet at a bearing S89º27'22" East to a point; Thence travel 393.67 feet at a bearing N00º32'38" East to the Point of Beginning; travel 188.48 feet at a bearing North to a point; thence travel 16.33 feet at a bearing N50º52'56" East to a point; thence travel 11.61 feet at a bearing S30º35'10" East to a point; thence travel 117.84 feet at a bearing S07º03'57" East to a point; thence travel 79.09 feet at a bearing S24º43'12" West to the Point of Beginning; said area described contains approximately 0.09 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

115.         No. 04RZ027 - First Reading, Ordinance 4064, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC to consider an application for a Rezoning from Medium Density Residential District to Office Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota:  thence travel 597.31 feet at a bearing S89º27'22" East to a point; Thence travel 2.02 feet at a bearing N00º32'38" East the Point of Beginning; travel 504.33 feet at a bearing N 62º30'29" East to a point; thence travel 154.61 feet at a bearing North to a point; thence travel 78.60 feet at a bearing N24º43'12" East to a point; thence travel 117.84 feet at a bearing N07º03'57" West to a point; thence travel 11.61 feet at a bearing N30º35'10" West to a point; thence travel 303.21 feet at a bearing N50º52'56" East to a point; thence travel 129.80 feet at a bearing North to a point; thence travel 424.41 feet at a bearing S45º00'00" East to a point on a curve; thence travel 258.58 feet along a 190.00 foot radius Concave Southeasterly curve with a chord bearing S05º49'05" East to a point; thence travel 61.40 feet at a bearing S44º48'23" East to a point; thence travel 340.35 feet at a bearing S22º02'42” East to a point; thence travel 1192.20 feet at a bearing N89º38'58" West to the Point of Beginning; said area described contains approximately 11.22 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

116.         No. 04RZ028 - First Reading, Ordinance 4065, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC to consider an application for a Rezoning from General Commercial District to Office Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 1795.11 feet at a bearing S89º27'22" East to a point; Thence travel 6.07 feet at a bearing N00º32'38" East the Point of Beginning; travel 359.39 feet at a bearing N22º02'42" West to a point; travel 104.66 feet at a bearing S44º48'23" East to a point on a curve; thence travel 38.11 feet along a 210.00 foot radius Convex Southwesterly curve with a chord bearing S39º36'26" East to a point; thence travel 211.05 feet at a bearing S34º24'28" East to a point; thence travel 78.59 feet at a bearing S45º00'00" West to a point; thence travel 26.81 feet at a bearing N89º39'00" West to the Point of Beginning; said area described contains approximately 0.48 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

117.         No. 04RZ029 - First Reading, Ordinance 4066, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC to consider an application for a Rezoning from Medium Density Residential District to General Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 1657.07 feet at a bearing S89º27'22" East to a point; thence travel 337.88 feet at a bearing N00º32'38" East the Point of Beginning; travel 61.40 feet at a bearing N44º48'23" West to a point on a curve; thence travel 258.58 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N05º49'05" West to a point; thence travel 47.91 feet at a bearing S45º00'00" East to a point on a curve; thence travel 178.19 feet along a 230.00 foot radius Concave Southeasterly curve with a chord bearing S00º08'58" West to a point; thence travel 95.96 feet at a bearing S22º02'42" East to the Point of Beginning; said area described contains approximately 0.27 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

118.         No. 04RZ030 - First Reading, Ordinance 4067, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC to consider an application for a Rezoning from Office Commercial District to General Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota:  thence travel 1586.89 feet at a bearing S89º27'22" East to a point; Thence travel 618.64 feet at a bearing N00º32'38" East the Point of Beginning; thence travel 75.39 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N44º32'12" East to a point; thence travel 219.73 feet at a bearing N55º19'07" East to a point; thence travel 33.94 feet at a bearing S34º35'20" East to a point; thence travel 157.68 feet at a bearing S55º19'17" West to a point on a curve; thence travel 132.38 feet along a 230.00 foot radius Concave Southeasterly curve with a chord bearing S38º49'48" West to a point; thence travel 57.91 feet at a bearing N45º00'00" West to the Point of Beginning; said area described contains approximately 0.26 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

Legal & Finance Committee Items

119.         Change Order for the Public Safety Building in the amount of $14,397 

120.         Direct staff to prepare a resolution establishing a policy to allow the Mayor flexibility in hiring practices for new employees to offer from Step A to Step D and bring the resolution. 

121.         Discussion on minutes of Civic Center Board, Library Board and Airport Board 

122.         Request staff to prepare an ordinance amendment establishing 7 units of sewer or whatever is used, whichever is less, as the sewer charge and bring forth the ordinance amendment to the May 11, 2004, Public Works Committee meeting. 

Public Works Committee Items

123.         No. 04FV002 – Continue to May 17, 2004 a Fence Height Exception for Fisk Land Surveying & Consulting Engineers, Inc., for Dan O’Brien to allow a six to eight foot high fence within the required 25 foot front yard setback, located along Sheridan Lake Road, Heidiway Lane and Fairway Hills Drive. 

124.         No. 04FV003 Approve a Fence Height Exception for petitioner Roy and Lynne Hix-Jencks to allow a six foot fence in a Low Density Residential District on Lot 15 of Block 8, Northbrook Village Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4342 Milehigh Avenue. 

125.         Authorize Mayor and Finance Officer to sign South Dakota Department of Transportation Right-Of-Way Agreements, Temporary and Permanent Easements, and Donations Forms for Haines Avenue Reconstruction, Northridge to Viking Project No. P 1669 (26). 

CIP Committee Items 

Finance Officer’s Items 

Approval of Bills

126.         No. CC050304-04 - Approval of May 3, 2004 Bill List 

Police Department Items 

Public Works Director’s Items 

Executive Session – pending litigation, personnel matters 

City Attorney’s Items

127.         No. CC050304-03 Discussion on garnishment of wages 

Development Appeals and Review Board  

ADJOURN