Home Search Options Contact Us

ADA Compliance: The City of Rapid City fully subscribes to the provisions of the Americans with Disabilities Act. If you desire to attend this public meeting and are in need of special accommodations, please notify the City Finance Office 24 hours prior to the meeting so that appropriate auxiliary aids and services are available.

Please remember to turn all cellular phones off or to vibrate when entering the council chambers.

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

September 7, 2004 - 7:00 P.M.

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

ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVE MINUTES of August 16, August 23 and August 30, 2004  

ADOPTION OF THE AGENDA  

AWARDS AND RECOGNITIONS

1.                  Citizen of the Month 

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.                  Economic Development Report, Bob DeMersseman 

BID OPENINGS

3.                  No. CC090704-01 Lemmon Avenue Reconstruction Project No. ST02-1068 (opened September 1, 2004) 

ITEMS FROM THE MAYOR

4.                  2012 Report 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR – Items 5-39 

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 September 20, 2004:

5.                  No. 04CA031 - A request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for an Amendment to the Comprehensive Plan to change the future land use designation on a 23.11 acre parcel from Low Density Residential to Medium Density Residential with a Planned Residential Development on a parcel of land located in the West One-Half (W½) of Section Twenty Three (23) of Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Pennington County, South Dakota, including all of Tract D of Medicine Ridge No. 2 (as shown on the plat recorded on September 24, 1976 and filed in Plat Book 14 on Page 227), all of Lot 3 of Tower Ridge Subdivision (as shown on the plat recorded on May 14, 1984 and filed in Plat Book 19 on Page 159), all of Tracts F and G located in the Northeast One Quarter of the Southwest One Quarter (NE¼ SW¼) and Southeast One Quarter of the Northwest One Quarter (SE¼ NW¼) of said Section 23, T1N, R7E, BHM (as shown on the plat recorded on September 22, 1970 and filed in Plat Book 11 on Page 59), and a portions of vacated right-of-way adjoining said lots, more fully described as follows: Beginning at the northeast corner of Lot 3 of Tower Ridge Subdivision in said Section 23, T1N, R7E, BHM, said corner being marked by a rebar, thence, South 00 degrees 12 minutes 34 seconds East (more or less) along the easterly line of said Lot 3 of Tower Ridge Subdivision (said line being coincident with the westerly line of Lot 1 of Enchanted Hills Subdivision, also located in Section 23, T1N, R7E, BHM and as shown on the plat recorded on November 2, 1977 and filed in Plat Book 15 on Page 197), a distance of 178.24 feet (more or less) to the southeast corner of said Lot 3 of Tower Ridge Subdivision, said corner being coincident with the northeast corner of previously described Tract F, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, South 00 degrees 12 minutes 15 seconds East (more or less) along the easterly line of said Tract F (said line being coincident with the westerly line of previously described Lot 1 of Enchanted Hills Subdivision), a distance of 121.75 feet (more or less) to the southwest corner of said Lot 1 of Enchanted Hills Subdivision, said corner being marked by a rebar; thence, South 00 degrees 10 minutes 15 seconds East (more or less) along the easterly line of said Tract F and previously described Tract G (said line being coincident with the westerly line of previously described Lot 1 and Lot 2 of Enchanted Hills Subdivision), a distance of 279.96 feet (more or less) to the southwest corner of said Lot 2 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 3 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 11 minutes 01 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 3 of Enchanted Hills Subdivision), a distance of 124.70 feet (more or less) to the southwest corner of said Lot 3 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 5 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 15 minutes 44 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 5 of Enchanted Hills Subdivision), a distance of 213.66 feet (more or less) to the southwest corner of said Lot 5 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 6 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 08 minutes 16 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 6 of Enchanted Hills Subdivision) a distance of 331.28 feet (more or less) to the southwest corner of said Lot 6 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 7 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 01 degrees 03 minutes 11 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 7 of Enchanted Hills Subdivision) a distance of 64.35 feet (more or less) to the southeast corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 56 minutes 34 seconds West (more or less) along the southerly line of said Tract G, a distance of 481.92 feet (more or less) to the southwest corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, North 00 degrees 17 minutes 07 seconds West (more or less) along the westerly line of said Tract G, a distance of 450.68 feet (more or less) to the southeast corner of previously described Tract D of Medicine Ridge No. 2, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 50 minutes 58 seconds West (more or less) along the southerly line of said Tract D of Medicine Ridge No. 2, a distance of 455.58 feet (more or less) to the southwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the southeast corner of Tract E of Medicine Ridge No. 2 and said corner being marked by a rebar with survey cap marked “LS 1019”;thence, North 07 degrees 27 minutes 38 seconds East (more or less) along the westerly line of said Tract D of Medicine Ridge No. 2 (said line being coincident with the easterly line of said Tract E of Medicine Ridge No. 2) a distance of 911.90 feet (more or less) to the northwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the northeast corner of Said Tract E of Medicine Ridge No. 2 and said corner being marked by a spike; thence, North 07 degrees 18 minutes 46 seconds East (more or less) a distance of 34.93 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”;thence, South 82 degrees 45 minutes 38 seconds East (more of less) a distance of 25.49 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence; curving to the left along a curve with a radius of 1000.76 feet, a delta of 7 degrees 13 minutes 45 seconds, a length of 126.27 feet (more or less) and a chord bearing of South 86 degrees 32 minutes 17 seconds East and a chord distance of 126.18 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 89 degrees 59 minutes 18 seconds East (more or less) a distance of 165.32 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, curving to the right on a curve with a radius of 150.15 feet, a delta of 39 degrees 33 minutes 47 seconds, a length of 103.68 feet (more or less), a chord bearing of South 70 degrees 11 minutes 15 seconds East and a chord distance of 101.63 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 39 degrees 33 minutes 37 seconds  East (more or less) a distance of 35.55 feet (more or less) to a northwesterly corner of previously described Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar; thence, North 38 degrees 23 minutes 24 seconds East (more or less) along the westerly line of said Lot 3 of Tower Ridge Subdivision, a distance of 12.77 feet (more or less) to the northwest     corner of said Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, along the northerly line of said Lot 3 of Tower Ridge Subdivision, and curving to the left along of curve with a radius of 382.75 feet, a delta of 59 degrees 01 minutes 11 seconds, a length of 394.27 feet (more or less), a chord bearing of South 79 degrees 54 minutes 38 seconds East (more or less) and a chord distance of 377.06 feet (more or less) to the point of beginning. Said tract of land contains 23.11 acres more or less, located at 5440 Plains Vista Court. 

6.                  No. 04FV014 - A request by Michael Altstiel for a Fence Height Exception to allow a six foot fence in the front yard setback on Lot 1, Block 1, Mall Ridge Subdivision No. 2, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 504 Lion Drive. 

7.                  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. 

8.                  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. 

9.                  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. 

10.             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. 

11.             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. 

12.             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. 

13.             No. 04PL060 - A request by Sperlich Consulting, Inc. for Jim Scull for a Preliminary Plat on Lots 1 thru 14 of Block 1, Lots 1 thru 6 of Block 2, and Lot 1 of Block 3, Kennsington Heights Subdivision, located in "Government" Lot 4, , Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Lot B of "Government" Lot 4 , Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of the future intersection to Elm Avenue and Field View Drive. 

14.             No. 04PL076 - A request by Dream Design International Inc. for a Preliminary Plat on Tract 1 and Outlot A, Eastridge Subdivision, dedicated Enchantment Road, and Enchanted Pine Drive located in the NW1/4, NE1/4 Section 24, the E1/2, NW1/4, Section 24, and the NE1/4, SE1/4, NW1/4, Section 24, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance in the  NW1/4, NE1/4 Section 24, the E1/2, NW1/4, Section 24, and the NE1/4, SE1/4, NW1/4, Section 24, T1N, R7E, BHM, Pennington County, South Dakota, located south of Enchanted Pine Road and east of Enchantment Road. 

15.             No. 04PL093 - A request by Sperlich Consulting, Inc. for Robert Scull for a Preliminary Plat on Lot 1, Lot 2 and Drainage Lot, Block 1 and dedicated streets, Commerce Park Subdivision, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the SW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast of the intersection of Rand Road and Commerce Road. 

16.             No. 04PL094 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Preliminary Plat on Lots 1A, 2A, 3A, 4A, 16 thru 30 and Drainage Lot, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located .5 miles west of Alta Vista Drive and the extension of Middle Valley Drive. 

17.             No. 04PL098 - A request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for a Layout Plat on Lot 1 of ELGSS Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract D of Medicine Ridge No. 2 and all of Lot 3 of Tower Ridge Subdivision and all of Tract F and Tract G located in the NE1/4 of SW1/4 and SE1/4 of NW1/4 of Section 23, and a portion of the Point Vista Court right-of-way, all located in the W1/2 of Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5440 Plains Vista Court. 

18.             No. 04PL100 - A request by Dream Design International for a Preliminary Plat on Tract A of Tract B of Parcel C, MJK Subdivision, SE1/4 SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract B of Parcel C, MJK Subdivision residing within the S1/2 SW1/4 Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of Elm Avenue and Enchanted Pines Drive. 

19.             No. 04PL106 - A request by Renner & Associates for First Western Bank for a Preliminary Plat on Tract A of Block 4, Riverside Addition located in SE1/4 of SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 16, Lots 21 thru 28, Lots A thru F, and vacated alley, all located in Block 4 of Riverside Addition, and a portion of Eleventh Street Right-of-Way located in SE1/4 of SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Omaha Street and West Boulevard. 

20.             No. 04PL107 - A request by FMG, Inc. for Wyss Associates, Inc. for a Preliminary Plat on Lots 42A, 42B, 43A, 43B, 44A, 44B, 45A, 45B, 46A, 46B, 47A, 47B, 48A, 48B, 49A, 49B, 50A, 50B, 51A, 51B, 52A, 52B, 53A, 53B, 54A, 54B, and platted private drive and utility easement shown as Mulligan Mile all located in Village on the Green No. 2 Subdivision, located in the NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota, legally described as a portion of previously platted Golf Course Parcel and Gate House Parcel of Hart Ranch Development located in NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota, generally described as extending from the current eastern terminus of Mulligan Mile. 

21.             No. 04SV035 - A request by Donald Potts for a Variance to the Subdivision Regulations to waive the requirements to install curb, gutter, sidewalk, street light conduit, water, sewer, pavement and additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 and Lot 2, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4 less Lot H1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6105 Covenant Drive. 

22.             No. 04SV037 - A request by Brent Pushing for a Variance to the Subdivision Regulations to waive the requirement to dedicate right-of-way and to install pavement, curb, gutter, sidewalk, street light conduit, water and sewer along the section line highway and the interior street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 4, Brentwood Subdivision, Section 25, T2N, R6E, BHM,  Rapid City, Pennington County, South Dakota, legally described as S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4, Section 25, T2N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Sunridge Road. 

23.             No. 04SV038 - A request by Sperlich Consulting Inc. for Tom Gagliano for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way and 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 Lots 8A, 8B and 9B, Block 2, Skyline Pines Subdivision, located in the SW1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 8 and 9, Block 2, Skyline Pines Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1501 Pevans Parkway and 3289 Sandstone Lane. 

24.             No. 04SV044 - A request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for a Variance to the Subdivision Regulations to waive the requirement to install sidewalk, curb, gutter, street light conduit and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1 of ELGSS Subdivision, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the West One-Half (W½) of Section Twenty Three (23) of Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Pennington County, South Dakota, including all of Tract D of Medicine Ridge No. 2 (as shown on the plat recorded on September 24, 1976 and filed in Plat Book 14 on Page 227), all of Lot 3 of Tower Ridge Subdivision (as shown on the plat recorded on May 14, 1984 and filed in Plat Book 19 on Page 159), all of Tracts F and G located in the Northeast One Quarter of the Southwest One Quarter (NE¼ SW¼) and Southeast One Quarter of the Northwest One Quarter (SE¼ NW¼) of said Section 23, T1N, R7E, BHM (as shown on the plat recorded on September 22, 1970 and filed in Plat Book 11 on Page 59), and a portions of vacated right-of-way adjoining said lots, more fully described as follows: Beginning at the northeast corner of Lot 3 of Tower Ridge Subdivision in said Section 23, T1N, R7E, BHM, said corner being marked by a rebar, thence, South 00 degrees 12 minutes 34 seconds East (more or less) along the easterly line of said Lot 3 of Tower Ridge Subdivision (said line being coincident with the westerly line of Lot 1 of Enchanted Hills Subdivision, also located in Section 23, T1N, R7E, BHM and as shown on the plat recorded on November 2, 1977 and filed in Plat Book 15 on Page 197), a distance of 178.24 feet (more or less) to the southeast corner of said Lot 3 of Tower Ridge Subdivision, said corner being coincident with the northeast corner of previously described Tract F, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, South 00 degrees 12 minutes 15 seconds East (more or less) along the easterly line of said Tract F (said line being coincident with the westerly line of previously described Lot 1 of Enchanted Hills Subdivision), a distance of 121.75 feet (more or less) to the southwest corner of said Lot 1 of Enchanted Hills Subdivision, said corner being marked by a rebar; thence, South 00 degrees 10 minutes 15 seconds East (more or less) along the easterly line of said Tract F and previously described Tract G (said line being coincident with the westerly line of previously described Lot 1 and Lot 2 of Enchanted Hills Subdivision), a distance of 279.96 feet (more or less) to the southwest corner of said Lot 2 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 3 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 11 minutes 01 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 3 of Enchanted Hills Subdivision), a distance of 124.70 feet (more or less) to the southwest corner of said Lot 3 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 5 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 15 minutes 44 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 5 of Enchanted Hills Subdivision), a distance of 213.66 feet (more or less) to the southwest corner of said Lot 5 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 6 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 08 minutes 16 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 6 of Enchanted Hills Subdivision) a distance of 331.28 feet (more or less) to the southwest corner of said Lot 6 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 7 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 01 degrees 03 minutes 11 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 7 of Enchanted Hills Subdivision) a distance of 64.35 feet (more or less) to the southeast corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 56 minutes 34 seconds West (more or less) along the southerly line of said Tract G, a distance of 481.92 feet (more or less) to the southwest corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, North 00 degrees 17 minutes 07 seconds West (more or less) along the westerly line of said Tract G, a distance of 450.68 feet (more or less) to the southeast corner of previously described Tract D of Medicine Ridge No. 2, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 50 minutes 58 seconds West (more or less) along the southerly line of said Tract D of Medicine Ridge No. 2, a distance of 455.58 feet (more or less) to the southwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the southeast corner of Tract E of Medicine Ridge No. 2 and said corner being marked by a rebar with survey cap marked “LS 1019”;thence, North 07 degrees 27 minutes 38 seconds East (more or less) along the westerly line of said Tract D of Medicine Ridge No. 2 (said line being coincident with the easterly line of said Tract E of Medicine Ridge No. 2) a distance of 911.90 feet (more or less) to the northwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the northeast corner of Said Tract E of Medicine Ridge No. 2 and said corner being marked by a spike; thence, North 07 degrees 18 minutes 46 seconds East (more or less) a distance of 34.93 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”;thence, South 82 degrees 45 minutes 38 seconds East (more of less) a distance of 25.49 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence; curving to the left along a curve with a radius of 1000.76 feet, a delta of 7 degrees 13 minutes 45 seconds, a length of 126.27 feet (more or less) and a chord bearing of South 86 degrees 32 minutes 17 seconds East and a chord distance of 126.18 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 89 degrees 59 minutes 18 seconds East (more or less) a distance of 165.32 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, curving to the right on a curve with a radius of 150.15 feet, a delta of 39 degrees 33 minutes 47 seconds, a length of 103.68 feet (more or less), a chord bearing of South 70 degrees 11 minutes 15 seconds East and a chord distance of 101.63 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 39 degrees 33 minutes 37 seconds  East (more or less) a distance of 35.55 feet (more or less) to a northwesterly corner of previously described Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar; thence, North 38 degrees 23 minutes 24 seconds East (more or less) along the westerly line of said Lot 3 of Tower Ridge Subdivision, a distance of 12.77 feet (more or less) to the northwest corner of said Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, along the northerly line of said Lot 3 of Tower Ridge Subdivision, and curving to the left along of curve with a radius of 382.75 feet, a delta of 59 degrees 01 minutes 11 seconds, a length of 394.27 feet (more or less), a chord bearing of South 79 degrees 54 minutes 38 seconds East (more or less) and a chord distance of 377.06 feet (more or less) to the point of beginning. Said tract of land contains 23.11 acres more or less, located at 5440 Plains Vista Court. 

25.             No. 04SV045 - A request by Sperlich Consulting for Robert Scull for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 1, Lot 2 and Drainage Lot, Block 1 and dedicated streets, Commerce Park Subdivision, Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 SW1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of Rand Road and Commerce Road. 

26.             No. 04SV046 - A request by Ann R. Perry for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 11A and 11B of the Holy Cow Ranch Subdivision located in Gov't Lots 3 and 4 of Section 19, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot 11 of the Holy Cow Ranch Subdivision located in Gov't Lots 3 and 4 of Section 19, T1N, R9E, BHM, Pennington County, South Dakota, located at 23302 Radar Hill Road. 

27.             No. 04SV047 - A request by Renner & Associates for First Western Bank for a Variance to the Subdivision Regulations to waive the requirement to install water, sewer and street light conduit along Omaha Street and West Boulevard and to waive the requirement to install street light conduit and sewer along Rapid Street as per Chapter 16.16 of the Rapid City Municipal Code on Tract A of Block 4, Riverside Addition located in SE1/4 of SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1 thru 16, Lots 21 thru 28, Lots A thru F, and vacated alley, all located in Block 4 of Riverside Addition, and a portion of Eleventh Street Right-of-Way located in SE1/4 of SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Omaha Street and West Boulevard. 

28.             No. 04SV049 - A request by TSP for Rob Poeppel for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 and 2 of Block 4 of Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as balance of the North 1/2 of Block 4 and balance of the South 1/2 of Block 4 and alley right-of-way all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 900 East Watertown. 

29.             No. 04VE010 - A request by Steven Thingelstad for Western Management Corporation for a Vacation of  Major Drainage Easement 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. 

30.             No. 04VR004 - A request by FMG, Inc. for Leigh Tange and James Adams c/o Nemo Road Properties for a Vacation of Section Line Highway on the 66 foot section line highway less the east 33 feet of said 66 foot right-of-way, located between the SE1/4 of Section 21 and the NE1/4 of Section 28, all located in T2N, R8E, BHM, Pennington County, South Dakota, located north of I-90 and west of Elk Vale Road. 

Continue the following items until October 4, 2004:

31.             No. 04CA030 - A request by Dream Design International for an Amendment to the Comprehensive Plan to relocate a Collector Street on the Major Street Plan from the SE1/4 NW1/4 and the SW1/4 of Section 25, T1N, R7E to a right-of-way 76.00 feet in width with the centerline described as follows: commencing at the found corner stamped R.L.S. No. 4208 of the center ¼ of Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota; thence N55º50’19”W along a non-visual line, 963.91 feet to the true point of beginning; thence S20º01’45”E 210.75 feet; thence along a curve to the right having a radius of 526.00 feet, included angle of 21º19’54”, and a curve length of 195.83 feet; thence S01º18’09”W 1450.65 feet; said parcel containing 3.24 acres more or less all located in Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of South Highway 16 and south of U.S. Higway 16B (Catron Boulevard). 

Continue the following items until October 18, 2004:

32.             No. 04FV012 - A request by Dennis Rogers for a Fence Height Exception to allow a seven foot six inch fence in a Low Density Residential District on Lot 13, Block 16, South Robbinsdale Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 801 East Indiana Street. 

Continue the following items until November 1, 2004:

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

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

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

36.             No. 04CA032 - A request by City of Rapid City for an Amendment to the Comprehensive Plan adopting the U.S. Highway 16 Corridor Future Land Use Plan on property generally described as being located north of Cathedral Drive, south along U.S. Highway 16 approximately one mile either side of U.S. Highway 16 to south of Reptile Gardens. 

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

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

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

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

On-Off-Sale Malt Beverage License 

40.             Tom Lehmann dba Uncle Tom’s Rib Shack, 208 East North Street for an On-Off Sale Malt Beverage License 

Special Malt Beverage and Wine License 

41.             Rapid City Area Chamber of Commerce for a Special Malt Beverage and Wine License, to be used on September 14, 2004 at Children Care Rehab & Development Center, 2800 Jackson Blvd.

42.             Rapid City Area Chamber of Commerce for a Special Malt Beverage and Wine License, to be used on October 12, 2004 at SoDak Gaming, 5301 South Hwy 16. 

Set for Hearing (None) 

CONSENT CALENDAR ITEMS – 43-92 

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

43.             Request PATH Committee to bring forward a recommendation on the Soo San Drive/Range Road intersection traffic concerns at a Public Works Committee meeting

44.             No. PW083104-01 Approve Road Surety Allocation of Steen Subdivision Road Improvement in the amount of $45,707.50

45.             Approve the expenditure of an additional $31,574.40 from the water contingency fund to purchase 12.144 additional acres relative to the Steen Subdivision

46.             Approve the west-side yard waste site in its current location (Fitzgerald Stadium parking lot) until further direction from Solid Waste identifying a need for additional waste bins; and request Public Works Administration and Solid Waste Division to develop a plan to accommodate parking for heavy-use events at the current site

47.             No. PW083104-02 Approve Change Order No. 6 for CoCompost Facility Project No. SW002-1168 to RCS Construction for a decrease of $2,310.00

48.             No. PW083104-03 Approve Change Order No. 1 for Variance Pit Closure Project No. LF04-1368 to Bates Construction for an increase of $5,190.85

49.             No. PW083104-04 Approve Change Order No. 2 for Fifth Street Extension Project No. ST00-914 and Catron Boulevard Project No. ST01-1095 to Zandstra Construction for a decrease of $6,406.93

50.             No. PW083104-05 Approve Change Order No. 1 for Catron Boulevard Sanitary Sewer Extension, Hwy. 79 to Fifth Street Project No. SS01-1052 to Heavy  Constructors Inc. for an increase of $5,500.00

51.             No. PW083104-06 Approve Change Order No. 1F for Well #11 Pump Replacement Project No. W04-1387 to Weston Engineering Inc. for an increase of $2,080.41

52.             No. PW083104-07 Approve Change Order No. 2F for Whitehead Ballfield Restroom and Picnic Shelter Improvements Project No. PR04-1332 to Tru-Form Construction Inc. for an increase of $3,023.45

53.             No. PW083104-08 Authorize staff to advertise for bids for Signal Drive Overlay Project No. ST04-1419

54.             No. PW083104-09 Authorize Mayor and Finance Officer to sign Amendment No. 2 to Professional Services Agreement with FMG, Inc. to design Lemmon Avenue Reconstruction Project No. ST02-1068 for an amount not to exceed $10,050

55.             No. PW083104-10 Set time and place for hearing on October 4, 2004 for Assessment Roll for Parkview Drive Extension Project No. ST01-1006

56.             No. 04VE017 Approve with stipulations a Vacation of Utility Easement for petitioner Kelly Cotten for Kelly's Sports Lounge on Tract 1 of Lot 3 of Dow Tract located in SW14 NW1/4 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 825 Jackson Boulevard 

Legal & Finance Committee Consent Items

57.             No. LF090104-01 Approve appointment of Deb Hadcock as the Planning Commission Representative to DARB

58.             No. LF090104-02 Approve appointment of Tim Rogers and Duane Sudman to the Air Quality Board

59.             Approve appointment of Mike Lemay to the Planning Commission

60.             Approve appointment of Chief Craig Tieszen, Chief Gary Shepherd, City Attorney Jason Green, Jim Didier, Mark Hirsch, Tim Powell, the President of the United Downtown Association, and Tom Murphy to the Downtown Rally Parking Committee

61.             Approve appointment of Bill Waugh, Chairman; Karen Gunderson-Olson, Malcom Chapman, and Jeff Partridge to the Deer Task Force

62.             No. LF081104-05 Approve Capital Improvements Committee Five Year Plans (5-Year Plan previously distributed to Council mailboxes)

63.             No. LF090104-03 Acknowledge the CIP Committee Report

64.             Approve allocation of DCA charges to Streets & Drainage, Parks & Recreation, Government Buildings and Contingency Beginning with the FY2005 Budget

65.             No. LF090104-04 Approve Travel Request for Tom Senesac, Ed Hofkamp and Steve Neavill to attend MOCIC Conference and Training Session, Sioux Falls, SD, September 13-17, 2004 in the approximate amount of $1,639

66.             Authorize the Mayor and Finance Officer to sign License Agreement to Perform Police Department Training at Ellsworth Air Force Base

67.             Authorize staff to advertise for bids for two thermal imaging cameras for the Fire Department

68.             No. LF090104-15 Approve Fiscal Year 2004 Community Development Block Grant Sub-recipient Contracts; authorize Mayor and Finance Officer to sign contracts

69.             No. LF090104-05 Approve Resolution to Amend the Non-Union Compensation Salary Plan to Change the Title of the Position of Recreation Program Specialist Assistant to Recreation Coordinator

70.             No. LF090104-06 Approve renewal of City’s Drug/Alcohol Testing Policy’s Certification Statement

71.             No. LF090104-18 Approve Resolution to Amend the Salary Schedule for the Non-Union Position of Assistant to the Director of the Retired Senior Volunteer Program to Retired Senior Volunteer Program Coordinator

72.             No. LF090104-19 Approve Resolution to Amend the Salary Schedule for the Non-Union Positions of Fire and Emergency Services Accounting Technician and Patient Billing Services Coordinator

73.             Authorize Mayor and Finance Officer to sign Agreement with Condrey and Associates to assist with the search process for the position of Public Works Director, in the amount of $12,000 plus expenses

74.             No. LF090104-22 Authorize Finance Officer to solicit Requests for Proposals to provide an annual audit for the City of Rapid City for FY2004, with an option to renew for an additional three year period

75.             No. LF090104-07 Approve Travel Request for Jerry Cole, Lon Van Deusen, Craig Nichols, Doug Lowe, and Kristi Allgier to attend South Dakota Parks and Recreation Conference, Huron, South Dakota, September 21-23, 2004 in the approximate amount of $1,808

76.             No. LF090104-13 Authorize Mayor and Finance Officer to sign State of South Dakota, Agreement for Land and Water Conservation Fund Assistance, Project Number 46-01357, Rapid City Sioux Park No. 10

77.             No. LF090104-08 Approve Resolution of Vacation of Lot PE-1

78.             No. LF090104-09 Approve Travel Request for John Wagner, Stacey Titus, Ron Barber, Chip Petrik, Dave VanCleave, Ron Back, John Hatch, and two employees of Water Reclamation to attend 2004 South Dakota Water and Wastewater Association 70th Annual Conference, Aberdeen, SD, September 15-17, 2004 in the approximate amount of $2,276

79.             Request staff to prepare an agreement with the owners of Minnesota Ridge Phase 4 to allow Minnesota Street extension to occupy a portion of the City property containing the existing reservoir

80.             No. LF072804-21R Authorize Mayor and Finance Officer to sign Development Agreement for Tax Increment District No. 44

81.             No. LF090104-12 Authorize Mayor and Finance Officer to Sign South Dakota Department of Agriculture State of South Dakota Joint Power Agreement

82.             No. LF090104-14 Authorize Mayor and Finance Officer to sign Lease Agreement with Hubbard Feeds, Inc.

83.             Approve the following licenses: Electrical Journeyman: Patrick Cerney, David Hedina; Electrical Apprentice: Travis James Farrar, Lindsey Heard, Dave Martz; Electrical Class B: William Flockhart; Plumbing Apprentice: Larry J. Haney; Plumber: Richard Narciso; Residential Contractor: Anchor Construction. Wayne Johnson; CG Construction, Casey Benson; Custom Carpentry, Perry Grosz; Dogwood Enterprise, Jerry & Cheryl Kendall; Pilot Properties, LLC, Aaron M. Christensen/Kevin W. Kohl; Sewer and Water Journeyman: Richard Albers, Shannon Robinson 

Planning Department Consent Items

84.             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. 

85.             No. 04PL068 - A request by Centerline Inc. for Magheramore, LLC for a Preliminary Plat on Lots 1 thru 9, Block 1, Darlington Estates, located in the Section 34, T1N, R8E, BHM, Pennington County, South Dakota, legally described as that portion of the NE1/4 lying west of railroad right-of-way; N1/2 NW1/4; SE1/4 NW1/4; NE1/4 SW1/4, Section 34, T1N, R8E, BHM, Pennington County, South Dakota; that portion of the NE1/4 NE1/4 lying east of Old Folsom Road, Section 33, T1N, R8E, BHM, Pennington County, South Dakota, located southeast of the intersection of Lamb Road and Old Folsom Road. 

86.             No. 04PL086 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 8 and Lots 33 thru 38 of Block 1, Lots 27 thru 32 of  Block 2 and Lots 1 thru 9 of Block 3, Rainbow Ridge Subdivision, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, legally described as SW1/4 NE1/4 and SE1/4 NE1/4, Section 23, T2N, R7E, BHM, Pennington County, South Dakota, located west of Chet Street. 

87.             No. 04PL092 - A request by Richard O. Stahl for a Preliminary Plat on Lots 1-5 of Stahl Victorian Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street. 

88.             No. 04PL102 - A request by Garry McKinnon for a Layout Plat on Lot 1 Revised and Lot 2 Revised in Block 14 of Green Acres Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Lot 2, north 6 feet of Lot 3 and vacated adjacent alley, Block 14, Green Acres Subdivision, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3317 West Rapid Street. 

89.             No. 04PL103 - A request by Ann R. Perry for a Layout Plat on Lots 11A and 11B of the Holy Cow Ranch Subdivision located in Gov't Lots 3 and 4 of Section 19, T1N, R9E, BHM, Pennington County, South Dakota, legally described as Lot 11 of the Holy Cow Ranch Subdivision located in Gov't Lots 3 and 4 of Section 19, T1N, R9E, BHM, Pennington County, South Dakota, located at 23302 Radar Hill Road. 

90.             No. 04PL108 - A request by TSP for Rob Poeppel for a Layout Plat on Lots 1 and 2 of Block 4 of Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as balance of the North 1/2 of Block 4 and balance of the South 1/2 of Block 4 and alley right-of-way all located in Feigels Subdivision, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 900 East Watertown. 

Raffles

91.             Acknowledge Zonta Club of the Black Hills raffle during the Zonta EXPO, October 7, 2004, Rushmore Plaza Civic Center, $1,000 cash prize

92.             Acknowledge Rapid City Chapter of Ducks Unlimited raffle during its Membership event, September 25, 2004, Ramkota Convention Center 

END OF CONSENT CALENDAR 

PUBLIC HEARINGS 

93.             Security License Application Hearing, Jeff Jones, 723 Farlow Avenue 

PLANNING DEPARTMENT ITEMS 

94.             No. 04PD036 - A request by Richard O. Stahl for a Planned Residential Development - Initial and Final Development Plan on Lots 1-5 of Stahl Victorian Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street. 

95.             No. 04FV015 - A request by Dream Design International for a Fence Height Exception to allow a six foot fence in the front yard setback on Tract B, Block 18, Big Sky Subdivision located in the S1/2 SW1/4 NE1/4 Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast corner of Homestead Street and Aurora Drive. 

96.             No. 04FV016 - A request by Ty and Melissa Ferley for a Fence Height Exception to allow a ten foot fence in the General Commercial Zoning District on the north 95 feet of Lots 3-8, Block 9 of Lampert's Addition No. 2, Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1607 West Main Street. 

97.             No. 04SE001 - A request by Ferber Engineering Company, Inc. for South Dakota Game Fish & Parks - Cleghorn Springs State Fish Hatchery for a Special Exception to the Flood Area Construction Regulations on Lot F-2, Fish Hatchery Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4725 Rimrock Highway. 

98.             No. 04SV048 - A request by FMG, Inc. for Wyss Associates, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit and sidewalks and to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code on Lots 42A, 42B, 43A, 43B, 44A, 44B, 45A, 45B, 46A, 46B, 47A, 47B, 48A, 48B, 49A, 49B, 50A, 50B, 51A, 51B, 52A, 52B, 53A, 53B, 54A, 54B, and platted private drive and utility easement shown as Mulligan Mile all located in Village on the Green No. 2 Subdivision, located in the NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota, legally described as a portion of previously platted Golf Course Parcel and Gate House Parcel of Hart Ranch Development located in NE1/4 of Section 13, T1S, R7E, BHM, Pennington County, South Dakota, generally described as extending from the current eastern terminus of Mulligan Mile. 

ORDINANCES & RESOLUTIONS 

99.             No. LF063004-06 Second Reading, Ordinance No. 4074 Amending Sign Code Allowing Variance for Relocation of Existing Signs Due to Public Improvement Projects 

100.         No. LF081104-09R Second Reading, Ordinance No. 4081 Regarding Supplemental Appropriation No. 3 for 2004 

101.         No. LF081104-07R Second Reading, Ordinance No. 4082 Adopting the 2003 International Fire Code 

102.         No. LF090104-21 First Reading, Ordinance 4084 Regarding 2005 Appropriation Ordinance 

103.         No. 04RZ038 – First Reading, Ordinance 4080, a request by Fisk Land Surveying and Consulting Engineers for the Good Samaritan Society for a Rezoning from General Agriculture District to Medium Density Residential District on a parcel of land located in the West One-Half (W½) of Section Twenty Three (23) of Township One North (T1N), Range Seven East (R7E) of the Black Hills Meridian (BHM), Pennington County, South Dakota, including all of Tract D of Medicine Ridge No. 2 (as shown on the plat recorded on September 24, 1976 and filed in Plat Book 14 on Page 227), all of Lot 3 of Tower Ridge Subdivision (as shown on the plat recorded on May 14, 1984 and filed in Plat Book 19 on Page 159), all of Tracts F and G located in the Northeast One Quarter of the Southwest One Quarter (NE¼ SW¼) and Southeast One Quarter of the Northwest One Quarter (SE¼ NW¼) of said Section 23, T1N, R7E, BHM (as shown on the plat recorded on September 22, 1970 and filed in Plat Book 11 on Page 59), and a portions of vacated right-of-way adjoining said lots, more fully described as follows: Beginning at the northeast corner of Lot 3 of Tower Ridge Subdivision in said Section 23, T1N, R7E, BHM, said corner being marked by a rebar, thence, South 00 degrees 12 minutes 34 seconds East (more or less) along the easterly line of said Lot 3 of Tower Ridge Subdivision (said line being coincident with the westerly line of Lot 1 of Enchanted Hills Subdivision, also located in Section 23, T1N, R7E, BHM and as shown on the plat recorded on November 2, 1977 and filed in Plat Book 15 on Page 197), a distance of 178.24 feet (more or less) to the southeast corner of said Lot 3 of Tower Ridge Subdivision, said corner being coincident with the northeast corner of previously described Tract F, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, South 00 degrees 12 minutes 15 seconds East (more or less) along the easterly line of said Tract F (said line being coincident with the westerly line of previously described Lot 1 of Enchanted Hills Subdivision), a distance of 121.75 feet (more or less) to the southwest corner of said Lot 1 of Enchanted Hills Subdivision, said corner being marked by a rebar; thence, South 00 degrees 10 minutes 15 seconds East (more or less) along the easterly line of said Tract F and previously described Tract G (said line being coincident with the westerly line of previously described Lot 1 and Lot 2 of Enchanted Hills Subdivision), a distance of 279.96 feet (more or less) to the southwest corner of said Lot 2 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 3 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 11 minutes 01 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 3 of Enchanted Hills Subdivision), a distance of 124.70 feet (more or less) to the southwest corner of said Lot 3 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 5 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 15 minutes 44 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 5 of Enchanted Hills Subdivision), a distance of 213.66 feet (more or less) to the southwest corner of said Lot 5 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 6 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 00 degrees 08 minutes 16 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 6 of Enchanted Hills Subdivision) a distance of 331.28 feet (more or less) to the southwest corner of said Lot 6 of Enchanted Hills Subdivision, said corner being coincident with the northwest corner of Lot 7 of Enchanted Hills Subdivision and said corner being marked by a rebar; thence, South 01 degrees 03 minutes 11 seconds East (more or less) along the easterly line of said Tract G (said line being coincident with the westerly line of previously described Lot 7 of Enchanted Hills Subdivision) a distance of 64.35 feet (more or less) to the southeast corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 56 minutes 34 seconds West (more or less) along the southerly line of said Tract G, a distance of 481.92 feet (more or less) to the southwest corner of said Tract G, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, North 00 degrees 17 minutes 07 seconds West (more or less) along the westerly line of said Tract G, a distance of 450.68 feet (more or less) to the southeast corner of previously described Tract D of Medicine Ridge No. 2, said corner being marked by a rebar with survey cap marked “LS 1019”; thence, South 89 degrees 50 minutes 58 seconds West (more or less) along the southerly line of said Tract D of Medicine Ridge No. 2, a distance of 455.58 feet (more or less) to the southwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the southeast corner of Tract E of Medicine Ridge No. 2 and said corner being marked by a rebar with survey cap marked “LS 1019”;thence, North 07 degrees 27 minutes 38 seconds East (more or less) along the westerly line of said Tract D of Medicine Ridge No. 2 (said line being coincident with the easterly line of said Tract E of Medicine Ridge No. 2) a distance of 911.90 feet (more or less) to the northwest corner of said Tract D of Medicine Ridge No. 2, said corner being coincident with the northeast corner of Said Tract E of Medicine Ridge No. 2 and said corner being marked by a spike; thence, North 07 degrees 18 minutes 46 seconds East (more or less) a distance of 34.93 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”;thence, South 82 degrees 45 minutes 38 seconds East (more of less) a distance of 25.49 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence; curving to the left along a curve with a radius of 1000.76 feet, a delta of 7 degrees 13 minutes 45 seconds, a length of 126.27 feet (more or less) and a chord bearing of South 86 degrees 32 minutes 17 seconds East and a chord distance of 126.18 feet (more or less) to a point along the center line of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 89 degrees 59 minutes 18 seconds East (more or less) a distance of 165.32 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, curving to the right on a curve with a radius of 150.15 feet, a delta of 39 degrees 33 minutes 47 seconds, a length of 103.68 feet (more or less), a chord bearing of South 70 degrees 11 minutes 15 seconds East and a chord distance of 101.63 feet (more or less) to a point along the centerline of Plains Vista Court right-of-way, said point being marked by a rebar with survey cap marked “LS 6565”; thence, North 39 degrees 33 minutes 37 seconds  East (more or less) a distance of 35.55 feet (more or less) to a northwesterly corner of previously described Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar; thence, North 38 degrees 23 minutes 24 seconds East (more or less) along the westerly line of said Lot 3 of Tower Ridge Subdivision, a distance of 12.77 feet (more or less) to the northwest     corner of said Lot 3 of Tower Ridge Subdivision, said corner being marked by a rebar with survey cap marked “LS 1771”; thence, along the northerly line of said Lot 3 of Tower Ridge Subdivision, and curving to the left along of curve with a radius of 382.75 feet, a delta of 59 degrees 01 minutes 11 seconds, a length of 394.27 feet (more or less), a chord bearing of South 79 degrees 54 minutes 38 seconds East (more or less) and a chord distance of 377.06 feet (more or less) to the point of beginning. Said tract of land contains 23.11 acres more or less, located at 5440 Plains Vista Court. 

104.         No. 04RZ039 - First Reading, Ordinance 4085, a request by Dream Design International for a Rezoning from General Agriculture District to General Commercial District on Tract C of the SW¼ and an unplatted portion of the SW¼ of Sec. 29, and SE¼ of Section 30, T2N, R8E, Rapid City, Pennington County, South Dakota described as follows: Beginning at the northwest intersection of the Right-of-way of Cherry Avenue and Sunnyside Avenue, Thence First Course: S90º00’00”W - 170.00'; Thence Second Course: N50º00'00”E - 843.73'; Thence Third Course: N00º00'00”E – 600.54'; Thence Fourth Course: N90º00'00”W – 1000.49'; Thence Fifth Course: N00º04'37”W – 1076.46'; Thence Sixth Course: Along an arc to the right with a chord bearing S74º34'20"E and a length of 637.90' with radius of 2142.00' an arc length of 640.29'; Thence Seventh Course: Along an arc to the right with radius of 2906.00' an arc distance of 221.90'; Thence Eighth Course: S61º38'02"E - 1274.64'; Thence Ninth Course: S41º50'06"E - 132.85'; Thence Tenth Course: S61º38'02"E - 225.00'; Thence Eleventh Course: S68º57'37"E - 352.88'; Thence Twelfth Course: S61º38'02"E - 175.00'; Thence Thirteenth Course: S50º01'40"E - 101.98'; Thence Fourteenth Course: S61º20'16"E - 125.00'; Thence Fifteenth Course: S72º38'51"E - 101.98'; Thence Sixteenth Course: S61º56'20"E - 315.51'; Thence Seventeenth Course: S00º07'29"E - 311.11'; Thence Eighteenth Course: S00º07'37"E - 280.18'; Thence Nineteenth Course: S00º07'31"E - 347.13'; Thence Twenty-first Course: N63º19'45"W - 138.40'; Thence Twentieth Course: Along an arc to the left chord bearing N86º23'34"W a distance of 1704.20' which radius is 2173.30' an arc distance of 1751.19'; Thence Twenty-second Course: N00º11'27"W – 145.14'; Thence Twenty-third Course: S89º51'40"W - 920.61' to the Point of Beginning, containing 93.2 Acres more or less, generally described as lying south of Interstate 90, east of Spruce Street, north of Anamosa Street and north of the existing Railroad right-of-way, and approximately 1000 feet west of the  intersection of I-90 and Exit 60 (East North Street). 

105.         No. 04RZ040 - First Reading, Ordinance 4086, a request by Wyss Associates for WEB Land Holdings for a Rezoning from Low Density Residential District to Low Density Residential - II District on property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota. Thence travel 497.65 feet at a bearing S00º31’58” West to a point; Thence travel 609.62 feet at a bearing S89º28’02” East to the Point of Beginning; Travel 0.96 feet at a bearing N26º30’38” West to a point; Travel 155.31 feet at a bearing N81º27’48” East to a point; Travel 237.32 feet at a bearing N43º12’21” East to a point; Travel 116.04 feet at a bearing N34º39’32” East to a point; Travel 244.00 feet at a bearing S00º21’00” West to a point; Travel 202.91 feet at a bearing S34º33’20” West to a point; Travel 38.73 feet at a bearing S90º00’00” West to a point; Travel 237.48 feet at a bearing N61º30’24” West to a point; Travel 19.26 feet at a bearing N73º30’07” West to the point of beginning. The area described contains approximately 1.32 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

106.         No. 04RZ041 - First Reading, Ordinance 4087, a request by Wyss Associates for WEB Land Holdings for a Rezoning from Low Density Residential - II District to Park Forest District on  property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Thence travel 367.51 feet at a bearing S00º31’58” West to the Point of Beginning; Travel 249.13 feet at a bearing S41º05’15” East to a point; Travel 110.01 feet at a bearing N35º36’28” East to a point;Travel 204.40 feet at a bearing S12º13’30” West to a point; Travel 76.49 feet at a bearing S33º41’47” East to a point; Travel 40.83 feet at a bearing S56º18’13” West to a point on a curve; Travel 133.10 feet along a 124.00’ radius convex southwesterly with a chord bearing S87º03’11” West to a point; Travel 36.45 feet at a bearing N62º11’51” West to a point on a curve; Travel 33.00 feet along a 126.00’ radius concave northwesterly with a chord bearing N71º13’38” West to a point; Travel 363.20 feet at a bearing N00º31’58” East to the point of beginning. The area described contains approximately 1.35 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

107.         No. 04RZ042 - First Reading, Ordinance 4088, a request by Wyss Associates for WEB Land Holdings for a Rezoning from Low Density Residential District to Park Forest District on property  described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Thence travel 553.75 feet at a bearing S00º31’58” West to a point; Thence travel 165.47 feet at a bearing S89º28’02” East to the Point of Beginning; Travel 74.15 feet at a bearing N41º05’15” West to a point; Travel 245.15 feet at a bearing N00º21’00” East to a point; Travel 106.97 feet at a bearing N34º54’43” East to a point; Travel 115.00 feet at a bearing N05º14’58” West to a point; Travel 51.63 feet at a bearing N09º59’31” East to a point; Travel 56.07 feet at a bearing S89º37’11” East to a point; Travel 464.33 feet at a bearing S00º32’53” West to a point; Travel 110.01 feet at a bearing S35º36’28” West to the point of beginning. The area described contains approximately 1.08 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

108.         No. 04RZ043 - First Reading, Ordinance 4089, a request by Wyss Associates for WEB Land Holdings for a Rezoning from Office Commercial District to Low Density Residential - II District on property described by metes and bounds commencing at the NW corner of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota.  Thence travel 613.93 feet at a bearing S00º31’58” West to a point; Thence travel 876.61 feet at a bearing S89º28’02” East to the Point of Beginning; Travel 202.91 feet at a bearing N34º33’20” East to a point; Travel 244.00 feet at a bearing N00º21’00” East to a point; Travel 14.61 feet at a bearing N34º39’32” East to a point; Travel 90.92 feet at a bearing S89º39’00” East to a point; Travel 145.77 feet at a bearing S00º21’00” West to a point; Travel 231.88 feet at a bearing S34º33’20” West to a point; Travel 99.70 feet at a bearing S30º35’10” East to a point; Travel 134.13 feet at a bearing S90º00’00” West to the point of beginning.  The area described contains approximately 29,977 square feet more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

109.         No. 04RZ044 - First Reading, Ordinance 4090, a request by Dream Design International for a Rezoning from Medium Density Residential  District to General Commercial District on property described by metes and bounds beginning at a point N89º44'10"E and a distance of 80.00’ from the SE corner of Lot M of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota: Thence First Course: N00º15’50”W – 379.98'; Thence Second Course: S89º38’28”W – 80.00'; Thence Third Course: N00º15’25”W – 714.05'; Thence Fourth Course: N89º42’58”E – 40.76'; Thence Fifth Course: Along an arc to the right with a chord bearing S88º05'47"E a distance of 221.85' which radius is 2906.00' an arc distance of 221.90'; Thence Sixth Course: Along an arc to the right with a chord bearing S84º31'20"E a distance of 103.66' which radius is 2142.00' an arc distance of 103.67'; Thence Seventh Course: S00º04'37”E – 1076.46'; Thence Fourth Course: N90º00'00”W – 282.17' to the Point of Beginning, containing 8.4 Acres more or less, lying south of Interstate 90, east of Spruce Street, north of Anamosa Street and north of the existing Railroad right-of-way, and approximately 1000 feet west of the  intersection of I-90 and Exit 60 (East North Street). 

110.         No. 04RZ045 - First Reading, Ordinance 4091, a request by Design Works for Century Resources, Inc. for a Rezoning from Heavy Industrial District to Office Commercial District on the north 327.2 feet of the N1/2 SE1/4, Section 35, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1400 West Philadelphia Street. 

111.         No. 04RZ046 - First Reading, Ordinance 4092, a request by Wyss Associates, Inc. for Jean T. Severson for a Rezoning from Low Density Residential District to Low Density Residential - II District on Lot A and Lot B of Lot 2 of Severson Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota legally described as Lot 2 of Severson Subdivision, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located on the east side of Park Drive northeast of Southwest Middle School. 

LEGAL & FINANCE COMMITTEE ITEMS 

112.         No. LF090104-20 Quote to perform qualitative audit on Stoney Creek Booster Station Professional Service Agreement 

113.         Approve Assignment and Limited Power of Attorney in lieu of repayment of IDPF Loan prior to platting, Doyle Estes 

PUBLIC WORKS COMMITTEE ITEMS 

114.         Request Tax Increment Finance Committee to identify potential funding sources for a Tax Increment Finance District prior to bringing forth a recommendation to Planning Commission and Council 

115.         Approve $7,500 from Council Contingency to purchase a camera to activate a left turn traffic signal on Haines Avenue at Lindbergh Avenue 

116.         Parkview Softball Complex Sidewalk Repair cost of $4,550 

117.         No. 04TP015 2004-2008 Transportation Improvement Program Amendment 

118.         No. 04TP016 2005-2009 Transportation Improvement Program Final Report 

CIP COMMITTEE ITEMS 

FINANCE OFFICER’S ITEMS 

APPROVAL OF BILLS 

119.         No. CC090704-02 September 7, 2004 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

CITY ATTORNEY’S ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADDENDUM 

4a.       Department Of Corrections Environmental Assessment for Proposed Elk Vale Road Correctional Facility

42a.    Set for Hearing on September 20, 2004 a Special Malt Beverage and Wine License for Rapid City Fine Arts Council, Inc. for a Special Malt Beverage and Wine License, to be used on September 28 and November 9, 2004 at Dahl Arts Center, 713 7th Street

 ADJOURN