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

May 17, 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 – Correct the minutes of April 5, 2004 regarding “lap dances” to state “It was clarified that lap dances are not allowed and the Police Department will implement enforcement procedures for this provision of the ordinance immediately”. Also, correct the minutes of April 5, 2004 to indicate that “Wade Veren stated that Lt. Allender told him he does not recall this statistic”. Allender did not attend the April 5th Council meeting; Also correct the April 5, 2004 minutes to note the dollar amount for the purchase of a Chevrolet Suburban from Beck Motors was $29,126 rather than $29,116; and approve the Minutes of May 3, 2004  

ADOPTION OF THE AGENDA  

AWARDS AND RECOGNITIONS

1.         Veteran of the Month Award  

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.  

2A.      Economic Development Briefing – Greg Bartron

BID OPENINGS

3.         No. CC051704-01 – Triplex Greens Mower for the Golf Department (Opened on May 6, 2004 )

4.         No. CC051704-01 – Waterloo & Jackson Streets Watermain Loop Project W04-1377 (Opened on May 12, 2004 )

5.         No. CC051704-01 – East Anamosa Water Main Extension Project W04-1370 (Opened on May 12, 2004 )

6.         No. CC051704-01 – Transportation Natural Gas for the City/School Common Energy Plant, Stevens High School Boiler Plant, Dakota Middle School , West Middle School and Southwest Middle School (Opened on May 13, 2004 )

7.         No. CC051704-01 - Catron Boulevard Sanitary Sewer Extension, Highway 79 to 5th Street Project No. SS01-1052 (Opened on May 17, 2004 )  

ITEMS FROM THE MAYOR  

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

8.         No. CC051704-04 - Ward/Precinct Lines (Kriebel, Kooiker and Hadley)  

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE  

CONTINUED ITEMS CONSENT CALENDAR – Items 9-35  

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 June 7, 2004:

9.         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.  

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

11.       No. 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.  

12.       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.  

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

14.       No. 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.  

15.       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.  

16.       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.  

17.       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.  

18.       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.  

19.       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 PRD 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 PRD, and a portion of the unplatted portion of the NW1/4 SW1/4 of Section 15, T1N, R7E, BHM of Fairway Hills PRD 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.  

20.       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 W1/2 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 W1/2 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.  

21.       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.  

22.       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.  

23.       No. 04PL051 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 2 through 5 Block 10, Lots 17 through 20 Block 8, located in the SE1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A of Parcel C, MJK Subdivision, located in the SE1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Fieldview Drive to Elm Avenue.  

24.       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.  

25.       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 the intersection of Bunker Drive.  

26.       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.  

27.       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 (SW¼) of Section Fifteen (15) of Township One North (T1N,), Range Seven East (R7E), 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 PRD, located in the Southwest One Quarter (SW¼) of Section Fifteen (15) of Township One North (T1N), Range Seven East (R7E), 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 PRD, 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 (NW¼) of the Southwest One Quarter (SW¼) 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 PRD, 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 PRD, 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.  

28.       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.  

Continue the following items until June 21, 2004:

29.       No. 04RZ023 - Second Reading, Ordinance 4060, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC 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.  

30.       No. 04RZ024 - Second Reading, Ordinance 4061, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC 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.  

31.       No. 04RZ025 - Second Reading, Ordinance 4062, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC 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 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.  

32.       No. 04RZ027 - Second Reading, Ordinance 4064, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC 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.  

33.       No. 04RZ028 - Second Reading, Ordinance 4065, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC 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.  

34.       No. 04RZ029 - Second Reading, Ordinance 4066, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC 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.  

35.       No. 04RZ030 - Second Reading, Ordinance 4067, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC 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.  

End of Continued Items Consent Calendar  

SPECIAL ORDERS  

MATTERS TO BE RECONSIDERED  

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS  

Hearings  

On-Off-Sale Malt Beverage License Renewals

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

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

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

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

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

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

42.       MG Oil Company dba Warehouse Bar & Casino, 200 E. Main Street, for an On-Off Sale Malt Beverage License Renewal

43.       MG Oil Company dba Haines Avenue Smoke Shop, 2601 N. Haines Avenue, for an On-Off Sale Malt Beverage License Renewal

44.       MG Oil Company dba #2-East North Casino, 230 E. North Street, for an On-Off Sale Malt Beverage License Renewal

45.       MG Oil Company dba East St. Patrick Casino, 1226 E. St. Patrick Street, for an On-Off Sale Malt Beverage License Renewal

46.       MG Oil Company dba Haines Avenue Casino, 735 Haines Avenue, for an On-Off Sale Malt Beverage License Renewal

47.       MG Oil Company dba LaCrosse Street Casino No. 1, 720 N. LaCrosse Street, Suite A, for an On-Off Sale Malt Beverage License Renewal

48.       MG Oil Company dba LaCrosse Street Casino No. 2, 720 N. LaCrosse Street, for an On-Off Sale Malt Beverage License Renewal

49.       MG Oil Company dba Rushmore Casino, 1808 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

50        MG Oil Company dba BP Casino, 609 Mt. View Road, Suite C-1, for an On-Off Sale Malt Beverage License Renewal

51.       Alta-Lee, Inc. dba Clock Tower Lounge, 2525 West Main Street, for an On-Off Sale Malt Beverage License Renewal

52.       Ken-Ben, Inc. dba Eighth Street Lounge, 2201 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

53.       H&B, Inc. dba Hall Inn, 214 E. St. Joe Street, for an On-Off Sale Malt Beverage License Renewal

54.       Wilburn Powers, Inc. dba Horseshoe Bar, 1407 ½ E. North Street, for an On-Off Sale Malt Beverage License Renewal

55.       Robert W. Johnson dba Canyon Lake Pub & Casino, 4116 Jackson Boulevard, for an On-Off Sale Malt Beverage License Renewal  

Off-Sale Malt Beverage License Renewals

56.       Fuel Food Mart, Inc. dba Amoco Food Shop No. 4, 901 E. North Street, for an Off-Sale Malt Beverage License Renewal

57.       Fuel Food Mart, Inc. dba Amoco Food Shop No. 5, 601 Mt. View Road , for an Off-Sale Malt Beverage License Renewal

58.       MG Oil Company dba Amoco Food Shop No. 8, 302 East North Street, for an Off-Sale Malt Beverage License Renewal

59.       MG Oil Company dba Amoco Food Shop No. 9, 1220 E. St. Patrick Street, for an Off-Sale Malt Beverage License Renewal

60.       MG Oil Company dba Amoco Food Shop No. 10, 1818 Mt. Rushmore Road, for an Off-Sale Malt Beverage License Renewal

61.       James Barry Stoick dba Stoick’s, 2303 Jackson Boulevard, for an Off-Sale Malt Beverage License Renewal  

On-Off-Sale Malt Beverage License Renewals (No Video Lottery)

62.       Central States Fair, Inc. dba Central States Fair, 800 San Francisco Street, for an On-Off Sale Malt Beverage License Renewal  

Set for Hearing ( June 7, 2004 )

63.       No. CC051704-02 – See Attached List  

CONSENT CALENDAR ITEMS – 64-111  

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

64.       No. PW051104-12 - Approve a 230’ access easement at East Highway 44 and the Southeast Connector, and request staff to continue negotiations with BankWest.

65.       Request staff to investigate the intersection of St. Joe/3rd Street and bring a recommendation in terms of proceeding with a possible traffic study.

66.       No. PW051104-13 - Authorize Mayor and Finance Office to sign a Lease/Purchase Agreement with Troxler Electronic Laboratories, Inc. for an amount not to exceed $473.00 per month.

67.       Eliminate the Yield signs in the West Boulevard median and return the median to the way it originally was prior to construction.

68.       No. PW051104-01 - Reject all bids for Heidiway Lane Sanitary Sewer Extension Project SS01-1061.

69.       No. PW051104-02 - Approve the bid award for Star of the West Parking Lot Project PR04-1336 to the lowest responsible bidder meeting specifications, Simon Contractors of South Dakota, Inc., Base Bid plus Alternate 1, based on their low unit prices bid, for a total contract amount of $114,365.35.

70.       No. PW051104-03 - Approve a Contract Change Order to Lighting Maintenance Company for Street Light Maintenance Contract Agreement Project No. ST01-1148 for a decrease of $20.32 per month for the remainder of the contract, for a new monthly payment of $1,864.36.

71.       No. PW051104-04 - Authorize staff to advertise for bids for Fitzgerald Stadium Parking Lot Overlay Project No. PR04-1400.

72.       No. PW051104-05 - Authorize staff to advertise for bids for College Park Irrigation Project No. PR04-1401.

73.       No. PW051104-06 - Authorize Mayor and Finance Officer to sign a Professional Service Agreement with Ferber Engineering to design Centre Street Sewer Extension Project No. SS00-940 for an amount not to exceed $38,895.

74.       No. PW051104-07 - Authorize Mayor and Finance Officer to sign a Professional Service Agreement with CETEC Engineering to design Mall Ridge Lift Station Improvements Project No. SS03-1255 for an amount not to exceed $37,336.

75.       No. PW051104-09 - Authorize Mayor and Finance Officer to sign a Professional Service Agreement with West Plains Engineering to design Whitehead Ballfield Improvements Phase 2 Project No. PR04-1404 for an amount not to exceed $1,664.78.

76.       No. PW051104-10 - Authorize Mayor and Finance Officer to sign a Janitorial Service Contract with Manning Janitorial for the Water Reclamation Facility office building for an amount not to exceed $550 per month.

77.       No. PW051104-11 - Approve the Administrative Policy for Utility Permit for Trenchless Sewer Construction and In-Place Pipeline Reconstruction.

78.       No. PW051104-14 - Approve an Amendment to Contract for Private Development for Tax Increment District No. 38.

79.       Acknowledge the report on the Dial-A-Ride Saturday Service Update.

80.       No. 04TP007 - Approve Executive Summary and the US Highway 16 Corridor Study Report.

81.       No. 04TP008 - Approve Jackson Boulevard Extension Study Report.

82.       No. 04TP009 - Approve Rapid City Travel Demand Modeling Update Documentation and Users Guide.

83.       No. 04TP010 - Approve a Resolution for the 2005-2009 Transportation Improvement Program Urban Systems Project List.

84.       No. 04VE010 - Approve with stipulations a Vacation of Major Drainage Easement for Steven Thingelstad for Western Management Corporation on Lot 2 of Block 2 of Parkridge Village Subdivision No. 2 located in the NW1/4 of the NE1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Park Drive.

85.       Acknowledge the report on the West Nile Update.

86.       No. PW051104-15 - Request staff to make the application for the 11-6-19 review for the Farmers’ Market.  

Legal & Finance Committee Consent Items

87.       Request staff to negotiate with Federal Beef for clean-up of the property and bring back a recommendation to the City Council as soon as possible for further discussion and approval with a March 1, 2005 , timeline.

88.       Request staff to look at the ordinance regarding paintball guns and possibly revise it to allow special events.

89.       Approve request by Rob Mudge to use Canyon Lake for Water Ski Show on June 26, 2004.

90.       No. LF051204-02 – Confirm appointment of Rod Holmes, Bill Werner, and Myron Tatum to the Plumbing Board for two year terms.

91.       No. LF051204-03 – Confirm appointment of Timothy Baumgartner and Steve Struble to the Electrical Board for two year terms.

92.       Confirm appointment of Jeff Partridge as the Council liaison to the 2012 committees.

93.       No. LF051204-04 – Approve Travel Request for 15 members of the Police Department command staff to attend semi-annual goals meeting in Deadwood, South Dakota, on May 19-20, 2004, in the approximate amount of $530.

94.       No. LF051204-05 – Approve Travel Request for Wayne Asscherick and Chad Strobel to attend Crime Prevention Through Environmental Design (CPTED) Certification Course in Louisville, KY, from August 22-26, 2004, in the approximate amount of $2,050.

95.       Approve the request for a detailed floodplain study on Box Elder Creek.

96.       Secure support from the congressional delegation for seeking the funding for the detailed floodplain study on Box Elder Creek.

97.       Set Special Council Meeting for 6:30 P.M. on Monday, June 7, 2004, to canvass municipal election.

98.       Approve sign for Sixth Street entrance to the City/School Administration Center parking lot, at an estimated cost of $6,000 (City’s share-$3,600), funding to come from the Council Contingency Fund.

99.       No. LF051204-06 – Authorize Mayor and Finance Officer to sign Combined Election Agreement with Pennington County .

100.    No. LF051204-07 – Approve Resolution Establishing Change Fund for the Rapid City Swim Center.

101.    No. LF051204-08 – Approve Travel Request for Duncan Olney, Nikki Murphy, and seven seasonal employees to attend Rapid City hosted AEA event (certification & training) June 26-27, 2004, in the approximate amount of $1,800.

102.    No. LF051204-09 – Authorize Mayor and Finance Officer to sign Preventive Maintenance Agreement for copy machine at the Swim Center.

103.    No. LF051204-10 – Authorize staff to advertise for Request for Proposals for Roosevelt Swim Center vending (amusement).

104.    No. LF051204-11 – Authorize staff to advertise for Request for Proposals for Roosevelt Swim Center vending (hot drink and food/candy).

105.    No. LF051204-12 – Authorize Mayor and Finance Officer to sign Agreement with American Red Cross.

106.    Approve the following licenses: Central Station Service: ADT Security Services, Inc., Sherry McInnes or Mel Levinson (W. Henrietta, NY); ADT Security Services, Inc., Sherry McInnes or Mark Warner (Papillion, NE); ADT Security Services, Inc., Sherry McInnes or Juanita Farr (Kansas City, MO); ADT Security Services, Inc., Sherry McInnes or Ashley Dobson (Jacksonville, FL); ADT Security Services, Inc., Sherry McInnes or Leatice Lee (Aurora, CO); Residential Contractor: A&E Construction, Eric Frank; B & D Construction, Bob Degen; De Clercq Construction, Sean DeClercq; Nationwide Building Services, Leon Wikle; Tordsen Backhoe Service, Jared Tordsen; Trenching Contractor: John Tenquist, Mastec Twin Cities; Sewer & Water Contractor: Douglas A. Wilson, Site Work Specialists; Trenching Journeyman (2004 License Renewal): Lee Ammons.  

Planning Department Consent Items

107.    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 U.S. Highway 16 and Moon Meadows Road.  

108.    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.  

109.    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.  

110.    No. 04PL048 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Preliminary Plat on Lots 1 thru 10 and 42 thru 47, located in the SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as in the SW1/4 of  Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Minnesota Street west of 5th Street.  

END OF CONSENT CALENDAR  

PLANNING DEPARTMENT ITEMS

111.    No. 04CA018 - A request by Franklin Simpson for Fountain Springs Development for an Amendment to the Comprehensive Plan to change the future land use designation on a 2.0949 acre parcel from General Agriculture to Light Industrial 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 North Plaza Drive and South Plaza Drive.  

112.    Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements 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.  (03SV035)  

113.    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.  

114.    Authorize for Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements 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. (04SV004)  

115.    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 U.S. Highway 16 and Moon Meadows Road.  

116.    Authorize Mayor and Finance Officer to sign a waiver or right to protest a future assessment for street improvements on 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. (04SV018)  

117.    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.  

118.    Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements 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. (04SV019)  

119.    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.  

120.    Authorize Mayor and Finance Officer to sign a waiver of right to protest a future assessment for street improvements on 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. (04SV020)  

121.    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.  

122.    No. 04SV022 - A request by Ferber Engineering Company, Inc. for Cregut Inc. for a Variance to the Subdivision Regulations to waive the requirement to reduce the right-of-way width, to waive the requirement to install curb and gutter and to allow platting half a right-of-way 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, located at 7800 Alberta Drive.  

123.    No. 04SV023 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Variance to the Subdivision Regulations to waive the requirement to provide 50 feet of right-of-way on Middle Valley Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 10 and 42 thru 47, located in the SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as in the NW1/4 SW1/4 less Tract R in the NW1/4 SW1/4 and less NE1/4 NE1/4 NE1/4 NW1/4 SW1/4; N1/2 N1/2 N1/2 N1/2 SW1/4 SW1/4, all in Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Minnesota Street west of 5th Street.  

ORDINANCES & RESOLUTIONS

124.    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.  

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

126.    No. 04OA005 - Second 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  

127.    No. 04RZ018 – Second Reading, Ordinance 4051, a request by Franklin Simpson for Fountain Springs Development for a Rezoning from General Agriculture District to Light Industrial District 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 North Plaza Drive and South Plaza Drive.  

128.    No. 04RZ020 - Second Reading, Ordinance 4059, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC 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.  

129.    No. 04RZ026 - Second 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.  

130.    No. 04RZ031 – First Reading, Ordinance 4068, a request by Adam Altman for Lincoln & Talbot Limited Partnership I to consider an application for a Rezoning from Office Commercial District to General Commercial District on Lots 4 thru 8, Block 1, Tower Ridge 2 Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Tablerock Road.  

LEGAL & FINANCE COMMITTEE ITEMS

131.    No. LF051204-01 – Request by the Rapid City Club for Boys, Inc. for permission to plant a garden.  

132.    Change Order for the Public Safety Building in the amount of $14,000  

133.    No. CC051704-03 - Acknowledge the attached list of volunteers for the annual City clean-up.  

PUBLIC WORKS COMMITTEE ITEMS

134.    No. 04FV002 – 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.  

135.    No. PW051104-08 - Authorize Mayor and Finance Officer to sign a Professional Service Agreement with Ferber Engineering to design Fairgrounds East Drainage Improvements Project No. DR04-1389 for an amount not to exceed $5,405.  

136.    No. 04FV004 - Approve with stipulations a Fence Height Exception for Dennis and Jolene Smith to allow a seven foot six inch fence in a Low Density Residential District on Lot 9 of Tract P of Tract F, Block 10, Northern Heights Subdivision, Section 25, T2N, R7E, BHM, Rapid City, South Dakota, located at 728 Wright Court.  

137.    No. 04FV005 - Approve a Fence Height Exception for Scott and Diane O'Connor to allow a six foot privacy fence in the front yard setback on Lot 6, Block 8, Northbrook Village Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4304 Titan Drive.  

138.    No. 04FV006 - Approve with stipulations a Fence Height Exception for Russ Ryherd to allow a six foot fence in a Low Density Residential Zoning District on Lot 1, Block 6, Northbrook Village Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4203 Three Rivers Drive.  

139.    No. 04FV007 - Approve with stipulations a Fence Height Exception for Bryan Schnell for Canyon Lake Little League to allow an eight foot fence in a Park Forest District and Flood Hazard District on Tract 8 (also in Section 4 and 10, T1N, R7E), Rapid City Greenway Tract, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1610 32nd Street.  

CIP COMMITTEE ITEMS  

FINANCE OFFICER’S ITEMS  

APPROVAL OF BILLS

140.    No. CC051704-05 - Approval of May 17, 2004 Bill List  

POLICE DEPARTMENT ITEMS  

PUBLIC WORKS DIRECTOR’S ITEMS  

CITY ATTORNEY’S ITEMS  

DEVELOPMENT APPEALS AND REVIEW BOARD  

ADJOURN