ROLL CALL AND DETERMINATION OF QUORUM 

INVOCATION 

PLEDGE OF ALLEGIANCE 

APPROVE MINUTES of January 17, January 24, 2005 Special Council, and correct December 20, 2004 minutes to reflect a correct motion to Approve a Proposal in the amount of $8,851.50 on upgrading anti-virus protection software to anti-spam and anti-spyware; and identifying Council Contingency as $5,652 of the funding source. 

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.                  Request to waive water connection fee in Enchanted Hills Subdivision, Mr. Arnold Meyer 

BID OPENINGS AND AWARD

3.                  No. CC020705-01 Automated Solid Waste Collection Containers for Solid Waste Operations (opened Thursday, February 3, 2005; 2:30 P.M.) 

ITEMS FROM THE MAYOR

4.                  2012 Report 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

5.                  Parking at New York Street Skate Park, Alderman Kooiker

6.                  Elk Vale Sewer Line

7.                  No. PW020105-20 Proceed with the installation of a traffic signal at Soo San Drive/Range Road intersection, Alderman Hurlbut

8.                  No. PW020105-17/No. LF020205-05 Revenue/Funding Options for 2012 programs

9.                  No. LF020205-07 CIP Committee monthly update 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR – Items 10-45 

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

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

Vote on Remaining Consent Items 

Public Comment on First Item Removed from Consent Calendar 

Council Discussion and Vote on Item 

Continue the following items until February 21, 2005:

10.             No. 04CA030 - A request by Dream Design International for an Amendment to the Comprehensive Plan to relocate a Collector Street on the Major Street Plan on a right-of-way 76.00 feet in width with centerline described as follows: Commencing at the found corner stamped R.L.S. No. 4208 of the center 1/4 of Section 26; thence N56º29'51"W along a non-visual line, 972.17 feet to the TRUE POINT OF BEGINNING; Thence S22º35'26"E 198.94 feet; Thence along a curve to the right having a radius of 526.00 feet, included angle of 23º53'35", and a curve length of 219.35 feet; Thence S01º18'09"W 1438.43 feet; Thence along a curve to the right having a radius of 600.00 feet, included angle of 56º04'11", and a curve length of 587.16 feet; Thence S57º22'20"W 343.27 feet; Thence along a curve to the left having a radius of 600.00 feet, included angle of 56º04'11", and a curve length of 587.16 feet; Thence S01º18'09"W 150.00 feet to a point on the south line of section 26; said parcel containing 6.15 acres more or less and located in the SE1/4NW1/4 and SW1/4 of Section 26, T1N, R7E, BHM, Pennington County, City of Rapid City, South Dakota, located east of South Highway 16 and south of U.S. Higway 16B (Catron Boulevard). 

11.             No. 04CA067 - A request by Fisk Engineering for Bailey Associates, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on a 9.70 acre parcel of land from General Agriculture to Light Industrial the west 320 feet of the SE1/4 SE1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current eastern terminus of Commerce Road. 

12.             No. 04CA068 - A request by Fisk Engineering for Bailey Associates, Inc. for an Amendment to the Comprehensive Plan to change the future land use designation on an approximate 130.9 acre parcel of land from Park Forest to Light Industrial on the east 1000 feet of the SE1/4 SE1/4 of Section 27, T2N, R7E, BHM; the SW1/4 SW1/4 of Section 26, T2N, R7E, BHM; and the east 1000 feet of the E1/2 NE1/4 of Section 34, T2N, R7E, BHM, all located in Rapid City, Pennington County, South Dakota, located at the current eastern terminus of Commerce Road. 

13.             No. 04CA069 - A request by Dan McFarland for Jeff and Patty Griffith for an Amendment to the Comprehensive Plan to change the future land use designation on a .48 acre parcel of land from Low Density Residential to Low Density Residential-II on Lots 1 and 2, Block 85, Mahoney Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northeast corner of the intersection of MacArthur Street and Wood Avenue. 

14.             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.

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

16.             No. 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. 

17.             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. 

18.             No. 04PL146 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Preliminary Plat on Lots 11 thru 16 and Lots 31 thru 42, Minnesota Ridge Heights Subdivision, located in the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion and Tract R of NW1/4 SW1/4 located in the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located 0.75 miles west of Fifth Street and Minnesota Avenue. 

19.             No. 04PL148 - A request by Davis Engineering for a Preliminary Plat on Lots 10 thru 13, Block 3; Lots 9 thru 15, Block 4; Lots 2 thru 7, Block 5; Lot 1, Block 8; Lots 2, Block 10; Lots 2 thru 5, Block 11; all located in Murphy Ranch Estates Subdivision, Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract F of the NW1/4 less Murphy's Subdivision and Right of Way, Section 14, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Longview Drive to the east of Reservoir Road. 

20.             No. 04PL165 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 thru 7, Block 1; Lots 1 thru 9, Block 2; Lots 1 thru 49, Block 3; Lots 1 thru 19, Block 4; Lots 1 thru 31, Block 5; Lots 1 thru 2, Block 6; Lots 1 thru 2, Block 7; Lot 1, Block 8; dedicated streets and drainage lot all located in Red Rock Meadows Subdivsion, Section 28 and Section 29, T1N, R7E , BHM, Rapid City, Pennington County, South Dakota, legally described as NW1/4 NW1/4, SW1/4 NW1/4, and NE1/4 SW1/4 of Section 28 and the NE1/4 SE1/4, SE1/4 NW1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located approximately 1/4 mile north of the intersection of Dunsmore Road and Sheridan Lake Road. 

21.             No. 04PL177 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1A thru 5A, 1B thru 5B, 1C thru 5C, and 2D thru 4D Block 21, and Lots 1A thru 5A, 1B thru 5B, 1C thru 5C, and 2D thru 4D Block 22, all located in SE1/4, NW1/4, of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of S1/2 Government Lot 3, Less Big Sky Subdivision and Less right-of-way; S1/2 Government Lot 4, located at the intersection of Degeest and Homestead.

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

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

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

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

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

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

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

29.             No. 04PL212 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Layout and Preliminary Plat on a portion of Tract T of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota more fully described as follows: Commencing at the southwesterly corner of Lot BR of Trailwood Village, common to a point on the northerly edge of the right-of-way of SD State Highway 44, and the Point of Beginning; Thence, first course: N68º57’27”E, along the southerly boundary of said Lot BR, a distance of 209.64 feet, to an angle point on the southerly boundary of said Lot BR; Thence, second course: S65º06’07”E, along the southerly boundary of said Lot BR, a distance of 72.70 feet, to a point on the southerly boundary of said Lot BR, common with a point on the westerly end of the edge of right-of-way of Avery Drive; Thence, third course: S24º53’53”W, along the westerly end of the edge of right-of-way of said Avery Drive, a distance of 60.00 feet; Thence, fourth course: S65º06’07”E, along the southerly edge of right-of-way of said Avery Drive, a distance of 10.00 feet; Thence, fifth course: S24º53’53”W, along the southerly edge of right-of-way of said Avery Drive, a distance of 20.00 feet; Thence, sixth course: S65º06’07”E, along the southerly edge of right-of-way of said Avery Drive, a distance of 25.00 feet; Thence, seventh course: N24º53’53”E, along the southerly edge of right-of-way of said Avery Drive, a distance of 20.00 feet; Thence, eighth course: southeasterly, along the southerly edge of said Avery Drive, curving to the right on a curve with a radius of 1983.52 feet, a delta angle of 09º09’25”, an arc length of 317.00 feet, a chord bearing of S60º31’25”E, and a chord distance of 316.66 feet, to the southeasterly corner of said Avery Drive, common to a point on the westerly edge of the right-of-way of Covington Street; Thence, ninth course: southwesterly, along the westerly edge of said Covington Street, curving to the right on a curve with a radius of 520.00 feet, a delta angle of 06º21’52”, an arc length of 57.76 feet, a chord bearing of S37º14’14”W, and chord distance of 57.73 feet, to a point of tangency on the westerly edge of the right-of-way of said Covington Street; Thence, tenth course: S40º25’09”W, along the westerly edge of the right-of-way of said Covington Street, a distance of 142.61 feet, to the southwesterly corner of the right-of-way of said Covington Street, common to a point on the northerly edge of the right-of-way of said SD State Highway 44; Thence, eleventh course: N51º11’35”W, along the northerly edge of the right-of-way of said SD State Highway 44, a distance of 534.30 feet, to the southwesterly corner of said Lot BR of Trailwood Village, and the Point of Beginning; said parcel contains 1.968 acres, more or less, located at the intersection of Avery Drive and Covington Street. 

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

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

32.             No. 04SV079 - A request by Sperlich Consulting, Inc. for Gordon Howie for a Variance to the Subdivision Regulations to waive the requirement to construct curb, gutter, sidewalk and street light conduit along S.D. Highway 44 as per Chapter 16.16 of the Rapid City Municipal Code on a portion of Tract T of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota more fully described as follows: Commencing at the southwesterly corner of Lot BR of Trailwood Village, common to a point on the northerly edge of the right-of-way of SD State Highway 44, and the Point of Beginning; Thence, first course: N68º57’27”E, along the southerly boundary of said Lot BR, a distance of 209.64 feet, to an angle point on the southerly boundary of said Lot BR; Thence, second course: S65º06’07”E, along the southerly boundary of said Lot BR, a distance of 72.70 feet, to a point on the southerly boundary of said Lot BR, common with a point on the westerly end of the edge of right-of-way of Avery Drive; Thence, third course: S24º53’53”W, along the westerly end of the edge of right-of-way of said Avery Drive, a distance of 60.00 feet; Thence, fourth course: S65º06’07”E, along the southerly edge of right-of-way of said Avery Drive, a distance of 10.00 feet; Thence, fifth course: S24º53’53”W, along the southerly edge of right-of-way of said Avery Drive, a distance of 20.00 feet; Thence, sixth course: S65º06’07”E, along the southerly edge of right-of-way of said Avery Drive, a distance of 25.00 feet; Thence, seventh course: N24º53’53”E, along the southerly edge of right-of-way of said Avery Drive, a distance of 20.00 feet; Thence, eighth course: southeasterly, along the southerly edge of said Avery Drive, curving to the right on a curve with a radius of 1983.52 feet, a delta angle of 09º09’25”, an arc length of 317.00 feet, a chord bearing of S60º31’25”E, and a chord distance of 316.66 feet, to the southeasterly corner of said Avery Drive, common to a point on the westerly edge of the right-of-way of Covington Street; Thence, ninth course: southwesterly, along the westerly edge of said Covington Street, curving to the right on a curve with a radius of 520.00 feet, a delta angle of 06º21’52”, an arc length of 57.76 feet, a chord bearing of S37º14’14”W, and chord distance of 57.73 feet, to a point of tangency on the westerly edge of the right-of-way of said Covington Street; Thence, tenth course: S40º25’09”W, along the westerly edge of the right-of-way of said Covington Street, a distance of 142.61 feet, to the southwesterly corner of the right-of-way of said Covington Street, common to a point on the northerly edge of the right-of-way of said SD State Highway 44; Thence, eleventh course: N51º11’35”W, along the northerly edge of the right-of-way of said SD State Highway 44, a distance of 534.30 feet, to the southwesterly corner of said Lot BR of Trailwood Village, and the Point of Beginning; said parcel contains 1.968 acres, more or less, located at the intersection of Avery Drive and Covington Street. 

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

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

35.             No. 04VR013 - A request by Fisk Land Surveying & Consulting Engineers for Donald Potts for a Vacation of a portion of undeveloped section line right-of-way in the SW1/4, SW1/4, SE1/4 and SE1/4, SW1/4, SE1/4, less Lot H1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6105 Covenant Drive. 

Continue the following items until March 7, 2005:

36.             No. 04AN009 - A request by Dream Design International, Inc. for a Petition for Annexation in 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. 

37.             No. 04AN010 - A request by Dream Design International Inc. for a Petition for Annexation on in 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. 

38.             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 in 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. 

39.             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. 

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

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

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

43.             No. 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 in 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. 

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

45.             No. 04VR011 - A request by Lyle Henriksen for Chase & Company, LPI for a Vacation of Right-of-Way on that portion of Greenway Street right-of-way lying between the east line of Holcomb Avenue right-of-way and a line between the south corner of Lot 3 and the east corner of Lot 19 of Block 1 of Millard Addition, located in NE1/4 of NE1/4 of Section 36, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Greenway Street between Holcomb Avenue and North Maple Avenue. 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

On-Sale Retail Liquor License Transfer

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

Special Malt Beverage and Wine License

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

Set for Hearing (February 21, 2005) 

Off-Sale Package Liquor License

48.             LeRoy S. Gross dba Autumn Hills Plaza Liquor, 5312 Sheridan Lake Road, Suite 103, for an Off-Sale Package Liquor License 

On-Sale Retail Liquor License Transfer

49.             Jason Cox, SKS Productions dba Venue 8, 504 Mt. Rushmore Road, for an On-Sale Retail Liquor License Transfer from High Plains Securities dba The Reef 

Special Malt Beverage and Wine License

50.             Rapid City Area Chamber of Commerce for a Special Malt Beverage and Wine License for use on March 8, 2005 at Dacotah Bank, 125 Main Street

51.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on February 25, 2005 at Dahl Arts Center, 713 7^th Street

52.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on February 26, 2005 at Dahl Arts Center, 713 7^th Street

53.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on March 6, 2005 at Dahl Arts Center, 713 7^th Street

54.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on April 8, 2005 at Dahl Arts Center, 713 7^th Street

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

56.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on July 8, 2005 at Dahl Arts Center, 713 7^th Street

57.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on September 23, 2005 at Dahl Arts Center, 713 7^th Street

58.             Rapid City Arts Council, Inc. for a Special Malt Beverage and Wine License for use on December 9, 2005 at Dahl Arts Center, 713 7^th Street 

CONSENT CALENDAR ITEMS – 59-116 

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

59.             Approve Miscellaneous Improvements Project - Sheridan Lake Road Sidewalk, Canyon Lake Drive to Rapid Creek bridge (west side of street)

60.             No. PW020105-01 Approve Change Order No. 01 for Heidiway Lane Sanitary Sewer Extension Project No. SS01-1061 to Mainline Contracting, Inc. for an increase of $286.40.

61.             No. PW020105-02 Approve Change Order No. 04 and final for Schamber Addition (Cleghorn Water Association) Water Main Extension Project No. W03-1286 to R. C. S. Construction, Inc. for an increase of $882.08.

62.             No. PW020105-03 Approve Change Order No. 02 and final for Roadway Marking Contract Project No. PM04-1394 to United Rentals Highway Technologies, Inc. for a decrease of $10,142.95.

63.             No. PW020105-04 Authorize staff to advertise for bids for One (1) New Current Year Sander/Spreader for Street Division.

64.             No. PW020105-05 Authorize staff to advertise for bids for One (1) New Current Year Vacuum Street Sweeper for Street Division.

65.             No. PW020105-06 Authorize staff to advertise for bids for One (1) New Current Year Tandem Axle Dump Truck for Street Division.

66.             No. PW020105-07 Authorize staff to advertise for bids for One (1) New Current Year Regenerative Air Street Sweeper for Street Division.

67.             No. PW020105-08 Authorize staff to advertise for bids for Texas Street, Arizona Street and Nebraska Street Mill and Overlay Project No. ST03-1083, CIP #50136.

68.             No. PW020105-09 Authorize staff to advertise for bids for Tower Road Reconstruction, Cathedral Drive to bridge over 8^th Street, Project No. ST04-1371.

69.             No. PW020105-10 Authorize staff to advertise for bids for Eleventh Street Sanitary Sewer Reconstruction Project No. SS04-1421, CIP #50567.

70.             No. PW020105-13 Authorize Mayor and Finance Officer to sign an agreement with CETEC Engineering Services, Inc. for Well No. 5 Pump Replacement Project No. W05-1450 for an amount not to exceed $5,590.

71.             No. PW011105-11 Approve Freeland Meadows location for Mall Ridge Lift Station, with understanding developer will pay entire cost of lift station; and Rapid City will not be responsible for timeframe of the project.

72.             Approve payment of invoice to Adams Machine in the amount of $78,819.57 for repair and replacement of Material Recovery Facility baler cylinder, and related work.

73.             No. PW020105-16 Authorize staff to purchase One (1) New Current Model Year Articulating Motor Grader under RDO Equipment Company contract dated June 21, 2004 in the amount of $169,525.

74.             No. PW020105-18 Acknowledge report on Department of Environment and Natural Resources on Haines Avenue.

75.             No. 05SE001 Approve an Exception to the Street Design Criteria Manual to allow curb side sidewalks in lieu of property line sidewalks along Avery drive as per the Street Design Criteria Manual for petitioner Sperlich Consulting, Inc. on a portion of Lot B of Block 16 of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows:  Commencing at the southwesterly corner of Lot B of Block 16 of Trailwood Village, common to the northeasterly corner of the intersection of the right-of-ways of SD State Highway 44, and Covington Street, and the Point of Beginning; thence, first course:  N40º25'09"E, along the easterly edge of the right-of-way of said Covington Street, a distance of 140.36 feet, to a point of curve; thence, second course:  northerly, along the easterly edge of said Covington Street, curving to the left on a curve with a radius of 600.00 feet, a delta angle of 8º34'58", an arc length of 89.88 feet, a chord bearing of N36º07'40"E, and chord distance of 89.79 feet, to a point on the easterly edge of the right-of-way of said Covington Street; thence, third course: S51º11'35"E, a distance of 461.43 feet, to a point on the easterly boundary of said Lot B of Block 16, common to a point on the westerly boundary of Lot B of Lot 2 of Ridgeview Place Subdivision; thence, fourth course:  S38º38'57"W, along the easterly boundary of said Lot B of Block 16, common to the westerly boundary of said Lot B of Block 2 of Ridgeview Place Subdivision, a distance of 67.21 feet, to a point on the easterly boundary of said Lot B of Block 16, common to the southwesterly corner of said Lot B of Block 2 of Ridgeview Place Subdivision, and common to the northwesterly corner of Lot A of Block 2 of Ridgeview Place Subdivision; thence, fifth course: S38º53'52"W, along the easterly boundary of said Lot B of Block 16, common to the westerly boundary of said Lot A of Block 2 of Ridgeview Place Subdivision, a distance of 162.79 feet, to the southeasterly corner of said Lot B of Block 16, common to the southwesterly corner of said Lot A of Block 2 of Ridgeview Place Subdivision, and common to a point on the northerly edge of the right-of-way of SD State Highway 44; thence, sixth course:  N51º11"35"W, along the southerly boundary of said Lot B of Block 16, common to the northerly edge of the right-of-way of said SD State Highway 44, a distance of 461.12 feet, to the northeasterly corner of the intersection of the right-of-ways of said SD State Highway 44, and said Covington Street, and the Point of Beginning; all located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota; located at the corner of SD State Highway 44 and Covington Street.

76.             Authorize the preparation of an H-Lot plat; and authorize the acceptance of a deed for the H-Lot on a tract of land to be dedicated for highway purpose in the NW1/4 of the NE1/4 of Section 27, T1N, R7E, RHM, Rapid City, Pennington County, South Dakota. 

Legal & Finance Committee Consent Items

77.             No. LF020205-01 Approve appointment of Bill Rasmussen as a Citizen Representative to the existing Deer Task Force.

78.             No. LF020205-02 Approve reappointment of Bob Rothermel and Bob Warax to the Trenching Board.

79.             No. LF020205-03 Approve reappointment of Rich Clegg as the Wholesale Business Representative, Steve Street as the Contractor Representative, and George Thompson as Representative of the Natural Gas Industry to the Mechanical Board.

80.             No. LF020205-04 Approve appointment of Ida Marie Fast Wolf as a Planning Commission Representative to the TIF Committee.

81.             No. LF020205-25 Approve appointment of Doug Andrews to the Planning Commission as Three Mile Representative.

82.             No. LF020205-08 Approve Capital Plan for Streets, Drainage, MIP Projects Revisions.

83.             No. LF020205-10 Approve CIP Parks & Recreation 2004 Carryover Reallocation.

84.             No. LF020205-09 Authorize Mayor and Finance Officer to sign Agreement for Independent Contractor Services with Dr. Robert Looyenga.

85.             No. LF020205-26 Approve Travel Request for Mike Jordahl and Jon Dicks to attend Complex Latent Print Examination Course in Huntsville, TX, from March 21-23, 2005, in the approximate amount of $2,274. 

86.             No. LF020205-11 Authorize Mayor and Finance Officer to sign Medical Director Agreement with Dr. Kelly Manning for 2005. 

87.             Authorize a 4.4% rate increase for Ambulance Service.

88.             Approve Travel Request for Craig Chilson to attend ARFF Train the Trainer School & Forcible Entry School in Tucson, AZ, from March 6-12, 2005, in the Approximate Amount of $1,965.

89.             No. LF020205-27 Approve Travel Request for John Knight, Air Quality Specialist, to attend the Bee-Line Software Training in Asheville, NC for the PERMITS and AerMod-Prime Software Classes from February 21, 2005 to February 23, 2005 in an Estimated Amount of $1,937.00.  As class sizes are limited, staff further recommends approval of the alternate class dates of April 4, 2005 to April 6, 2005 in the event the February classes are full.

90.             05TP001 Authorize Mayor and Finance Officer to sign an agreement with LSA Associates, Inc., to accomplish the Rapid City Area Long Range Transportation Plan Update for an amount not to exceed $125,562.

91.             05TP002 Authorize Mayor and Finance Officer to sign an Addendum to and Agreement with the South Dakota Department of Transportation to accomplish the Rapid City Area Metropolitan Planning Organization's transportation planning process by consolidating previous agreements into the 2005 Agreement (no cost addendum).

92.             05TP003 Authorize Mayor and Finance Officer to sign an Amendment to the 2005 Unified Planning Work Program by consolidating the 1999, 2000, 2001, 2002, 2003 and 2004 Unified Planning Work Programs into the 2005 Unified Planning Work Program (no cost addendum).

93.             No. 771 Approve a request by City of Rapid City for a Dissolution of Tax Increment District #18 on a parcel of land located in the balance of Block 4 of Rushmore Regional Industrial Park in the East ½ of Section 4, T1N, R8E, BHM in Pennington County, SD as shown on the plat recorded in the Pennington County Register of Deeds Office in Plat Book 21, page 189; being more particularly described as follows: Beginning at the southeast corner of said Parcel; the southeast corner of said Parcel being common with the southwest corner of the previously platted Lot 3 of Block 4 of Rushmore Regional Industrial Park as shown on the aforementioned plat; thence N0º21’E, a distance of 442.35’ along the westerly line of said Lot 3 to the northeast corner which is common with the northwest corner of Lot 3 of Block 4 of Rushmore Regional Industrial Park; thence S89º51’W, a distance of 594.35’ along the northerly line of Block 4 to the northwest corner; thence S0º21’W, a distance of 437.16’ to the southwest corner, which is an intersection with the northerly right-of-way line of previously platted Jet Drive; thence S89º39’E, a distance of 594.33’ along the northerly right-of-way line of previously platted Jet Drive to the Point of Beginning, said parcel of land contains 6.00 acres, more or less, more generally described as being located north of Jet Drive in the Rapid City Regional Industrial Park.

94.             Authorize preparation of an H Lot and acceptance of a deed regarding Phase One of the Red Rock Meadows Subdivision.

95.             No. LF020205-12 Approve a Resolution Declaring Property Surplus.

96.             Approve the appointments of Tom Johnson, Bill Waugh, and Bob Hurlbut to the subcommittee to recommend selection of real estate broker to list and sell property north of the Visitor Center on Elk Vale Road and north and adjoining the future extension of Mall Drive.

97.             No. LF020205-13 Authorize Mayor and Finance Officer to sign Space Lease Agreement with the Rushmore Plaza Civic Center for the Black Hills Finance Officers Speaker Presentation on April 7, 2005, in the amount of $300.

98.             No. LF020205-14 Approve Travel Request for Cathy Druckrey to attend the National Public Employer Labor Relation Association Conference in Ft. Lauderdale, FL, April 9-15 in the approximate amount of $1,934.

99.             No. LF020205-15 Approve Assignment of Friendship House Lease to the Pennington County Sheriff with the provision that either Pennington County or the City of Rapid City may terminate the lease and also that the consideration for the lease be in the amount of one dollar.

100.         No. LF020205-16 Approve Travel Request for Barb Iwan, Assistant Aquatics Division Manager, to attend the National Aquatic Conference in Las Vegas, NV from March 1-7, 2005, in an approximate amount of $1,882.

101.         No. LF020205-17 Authorize Mayor and Finance Officer to sign Contract with the Rapid City Red Dogs for Trade of Advertising Costs and Use of the Multi-Purpose Room.

102.         No. LF020205-18 Approve Proposed Sponsorship Agreement for the Hershey Track Meet.

103.         No. LF020205-19 Approve the Proposed Guidelines for the Rapid City Parks & Recreation Scholarship Program.

104.         Authorize staff to apply for a 2005 Tennis in the Park Program Grant from the United States Tennis Association.

105.         No. LF020205-21 Approve Travel Request for Jerry Wright to attend Annual Biocycle Conference Co-Composting and Organics Recycling in San Francisco, CA, from March 5-10, 2005, in an approximate amount of $1,792.

106.         No. LF020205-22 Authorize Mayor and Finance Officer to sign Agreement with the State of South Dakota for calendar year 2005 State Funding for the Rapid Transit System.

107.         No. LF020205-20 Approve Travel Request for Jason Green to attend Employment and Labor Relations Law Seminar in Chicago, IL, May 11-14, 2005, in the approximate amount of $2,527.

108.         No. LF020205-28 Authorize Mayor and Finance Officer to sign Agreement with the South Dakota School of Mines and Technology allowing the school to hang banners from City light posts.

109.         No. LF020205-24 Approve the following abatements:  B & T Investments, 2004, $4,693.40; Peggy L. Beardsley, 2004, $3,046.48; Bethesda Christian, 2004, $1,028.52; Walter J. Bradsky, 2004, $1,516.72; Conseco Finance, 2004, $168.62; Doyle D. Estes, 2004, $35.10; Fenske Media Corp., 2004, $976.44; Fenske Media Corp., 2004, $3,545.58; Printing, Inc., 2004, $4,452.56; Stephanie L. Steele, 2004, $700.14; Kevin J. Wipf, 2004, $208.54.

110.         Approve the following licenses:  Central Station Service:  SNC, Inc., Butch Neel; Electrical Apprentice:  Nathan Woods, Nathan Rojas, Tony Beshara, Michael Lannen, Robert Moore,  Jeremiah Jurisch, Jim Mosher, Rick Schaff, Jerred Kerner, Jim Budde, Dustin Emme, Jeff Heumiller, John Bailey, Brian Montieth, Steve Backen, Lee Basco, Casey Brasgalla, Gary Brassfield, Andrew Coffey, Keith Coy, Terrence Kafka, Rocky Sheldon, Brian Steffen, Chad Afrank, Dustin Beranek, Michael Blue, Jim Hall, Robin Tuttle, Brandon White, Dale Marti, Otis Dempsey, Edward Ugland, and Rick Salyers; Electrical Class B:  William Flockhart; Electrical Contractor & Master:  Dale Schubauer, Dale’s Electric; Paul Wieser, Paul’s Electric; Steve Arne, Arne Electro-Tech; Art Balcom, WDTI; Mark Beshara, Kilowatt Electric; Keith Lengkeek, Delta Electric; Bruce Hill, Black Hills Electric; Scott D Hertel, Koala Electric; Dean Weis, Conrad’s Big C Electric; Timothy Baumgartner, Hills Electric;  Terry Haskell, H/N Electric; Dean Hartford, Hartford Electric; Darrel Dahl, Electric Limited; John Wright, Wright Electric; David Leinen, Energy Electric Company; and Kevin Morris, TTG Enterprises; Electrical Journeyman:  Jeffrey Johnson, Larry Caffee, Max Cook, Leo Schrubb, Kenny Frick, Greg Morford, Michael Davis,  Gary Alexander, G Robert Bachmeier, Mark Johring, Ricky Lee Rawstern, Clint Zurn, Craig Wiseman, Lucan Paulson, Kent Schweers, Randy Niehoff, Jeffrey Beardt, John Brethauer, Robert Butler Jr., Bryan Fischer, Charles Fleming, Chuck Freeman, Wade Juve, Mark Preble, Ronald Richards, Warren Weller, Daniel Anderson, Daniel Cook, Scott Harris, David Hodina, Mike Medley, Jack Wenger Jr., Troy Digmann, Donald Cox, Simon Eaton, Steve Lindgren, James Merritt, Frank Watson, and Wilbert Leuthold Jr.; Electrical Master:  Jared Wilhelmi, Kilowatt Electric; Mechanical Apprentice:  Robert Draine, William Flockhart, Samuel Ferrazzano, Allen Hammerquist, Nathaniel Huelat, Charles Lefler, Dale Sartorius, Wayne Sartorius, Rodney Witte, Robert Eggers, Cory Fleming, Randy Palmer, Brent Strand, Todd Johnson, Catherine Little, Matthew Little, Eric Bigelow, William Kraiter, Steve Leithauser, Jon Adams, Kenny Hermanson, and Jeremy Trautner; Mechanical Contractor:  Tony Baumstarck, Dakota Heating & A/C; Dave McCarthy, McCarthy Services; Rick Salyers, Dependable Transport; Lee Seaman, L & M Appliance Specialists Inc.;  Wesley Scholl, Scholl Plumbing & Heating Inc.; Allen Daly, Geo-Aire Inc.; Wade Shorb, Geo-Aire Inc.; Charles “Buzz” Hammerquist, B & H Heating; Wayne Gutzmer, Gutzmer Mechanical; Steve Prestjohn, Black Hawk Plumbing; Kevin Broom, K & D Appliance Service Inc.; David Strand, K & D Appliance Service Inc.; Stuart Nelson, Black Hills Heating & Cooling; Stanley Little, Star Sheet Metal; Larry L Olson, Olson Plumbing & Heating; William Scoular, Iseman Mobile Homes; Kenneth Ward, Iseman Mobile Homes; Bruce Rasmussen, R W Rice Co.; Richard Anderson, Western SD Community Action; Harold Lund, Western SD Community Action; S R Anderson, Anderson Heating & A/C; and Bill Brown, Central States Mechanical; Mechanical Installer:  Ernest Kouba, Loren Palmer, Michele Seaman, Tim Scholl, Troy Finck, Theodore Foskett, Brad Madsen, Robert Witte, Roger Friedrichsen, Dennis Carlton, Josh Eccleston, Don Foulk, Scott DeYoung, Michael Anderson, Bryan Hermanson, Brent Wang, Jason Wold, David McLane, and Jeremy Sloan; Plumbing Contractor:  Brian Boock, Boock Plumbing; Plumbing Apprentice:  Ryan Harmon; Gas Fitter:  Ernie Kouba; Metals and Gems:  The Gun Shop, John Stone, Fair Deal, Inc.; The Pawn Shop, John Stone, Fair Deal, Inc.; Mobile Home Court:  Huntington Park, Tom & Tammy Schreiner; Marquette Mobile Manor, Barker & Little, LPI; Hillsview Mobile Home Court, Bacon & Sherman LPI; and Deluxe Mobile Home Park, Wilcox & Reid LPI; Pawn Shop:  The Gun Shop, John Stone, Fair Deal, Inc.; The Pawn Shop, John Stone, Fair Deal, Inc.; Refuse Collection:  MK Services, Mark Kostaneski; Residential Contractor:  Andrew & Helen Legare, Andrew Legare Construction Co.; Scott Grimsrud, Scott Grimsrud Construction; Russell J & Pamela Rysavy, Modern Builders; Dave Freytag; Randy Long, Long Design & Construction; Peg & Jay Smits, Smits Remodeling; Joseph Schneller, Schneller’s Designs; Joyce Sauer, Red Rock Remodeling; Michael Nesland, Michael Nesland Construction; Russell Douglas, Douglas Construction; Chris Johnson, C Michael Homes Inc.; Cody Work, Hill Top Construction Co.; Neil Foust, Foust Construction Inc.; David Hirning, David Hirning Construction; Eugene Britton, Gene’s Carpentry & Home Repair; Donnie Kirschenman, Jadon Construction Company Inc.; Bill & Kathleen Timberman, Dakota Castles Inc.; Russell Geranen, Geranen Homes of South Dakota; Bill Freytag, Tyler Knue Homes; William Marchand, Mt. Plains Metal Stud & Drywall; Donovan & Sharon Synstelien, Donovan’s Investments LLC; Chad Lewis, Yellow Jersey Construction Inc.; Doug Osborne, Dakota Sunrooms Inc; Rande Robinson, Robco Construction Services; Kevin Fischer, Kevin Fischer Homes Inc; and Wayne Loof, Integrity Homes by Wayne Loof;  David Rietveld, Dave Rietveld Construction; John Charlson, Wolf Creek Ent. Inc.; John Diedrichs, Diedrichs Properties LLC; Gerald (Dale) Schuelke, Highmark Inc.; and Marlin White, White Mountain Craftsman; Second Hand:  Furniture Mart, Susan R. Sorbel; St. Joe Antiques Mall, Doris M. Epperson; Trebleshooter Guitars & Jazz, Mitchell Kimball;  The Gun Shop, John Stone, Fair Deal, Inc.; The Pawn Shop, John Stone, Fair Deal, Inc.; Sewer and Water Contractor:  Tyrel Stygles - Jul-Mar Development; Jamie Gerlach - All Around Construction; Melvin Geidel - Geidel Construction; Larry Nelson - Nelson Ditching & Excavating; Jerald Mitzel - JV Bailey Co.; Tony Bolton - B&B Excavating; Robert Warax - Warax Excavating; Dennis Turman - Shovelhead Excavating; Charles Beka - Beka Corp.; Robert Powles - Powles & Sons Construction; Royal Nielson - Nielson Construction; Charles Davis - Midwestern Ditching; John Long - Iron Horse Excavating, Inc.; Dan Earley - Grizzly Excavating; Daniel Wieczorek - Dan’s Ditching; Gale Raymond - RP & H, Inc.; Vince Finkhouse - Eagle Excavating; Sign Contractor:  Thomas Farrar, Rosenbaum’s Signs; Tode Koehne, Sign Service & Supply; Michael Boll, Black Hills Tent & Awning; James L Scull Jr., Scull Construction Service Inc.; Doug Rumpca, Lamar Outdoor Advertising; George Menke, Pride Neon Inc.; Robert Monger, Gordon Sign; Andrew Hade, Red Letter Signs; Gene & Roxy Hunter, Sign Express; Mikal Lewis, Signworks; Ron Conrad, Conrad’s Big C Signs; Herman Jones, Stagecoach West Signs Inc.; Brendan Casey, Epic Outdoor Advertising LLP; Gary French, French’s Upholstery; Jack Venable, ABC Signs & Vinyl Graphics; Craig Stump, Stump Sign Company; Lesley Rutter, Unique Signs Inc.; Mary Lynde, Epcon Sign Company; Willard Weber, Solar Sound Corporation; Tim Peterson, Flat Earth Sign Company; Hank Sponder, Sponder Outdoor Advertising;  and Lanny Iwan, Budget Signs; Taxi Business:  Airport Express Shuttle, Inc., Kathleen Walla Leui; RC Cab, Inc., Charles W. Jager; Trenching Contractor:  Thomas Gagliano - Advanced Electrical, Inc.; Guy Mann - Mann Construction Co.; Kenneth Kainz - Kainz Contractors, Inc.; Frank Watson - Energy Electric, Co.; Floyd Simunek - Evergreen Landscaping; Douglas Brink - Brink Electric Construction; Dale Christiansen - Honey Creek Landscape, Inc.; John Tenquist - Mastec Twin Cities; Jacob Ankele - Iron Horse Excavating, Inc.; Cody Schad --Schad Construction; Jared Tordsen - Tordsen Backhoe Service; Raymond Crawford - C&L Utility Construction, Inc.; Trenching Journeyman:  Lavern Foerster, Brant Mann, Robert Stanfiel, Richard Walter, Derek Weigel. 

Growth Management Department Consent Items

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

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

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

114.         No. 04PL208 - A request by Britton Engineering and Land Surveying, Inc. for Jim Meier for a Preliminary Plat on Lot A, Lot B and Lot C of Lot 2 of Lot C of Golden Eagle Subdivision, Section 20, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Lot C of Golden Eagle Subdivision, Section 20, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest corner of Dyess Avenue and Seger Drive intersection. 

115.         No. 04PL209 - A request by Renner & Associates for Dan Godfrey for a Layout Plat on Lots A and B of Lot 2 of Godfrey Addition located in the SE1/4 of Section 27, T1N, R7E and in SW1/4 of SW1/4 of Section 26, T1N, R7E, BHM, Pennington County, South Dakota, legally described as Lot 2 of Godfrey Addition located in the SE1/4 of Section 27, T1N, R7E and in SW1/4 of SW1/4 of Section 26, T1N, R7E, BHM, Pennington County, South Dakota, located southwest of the intersection of Catron Boulevard and U.S. Highway 16. 

Raffles

116.         Acknowledge American Heart Association raffle of diamond jewelry, February 12, 2005 during Rapid City Heart Ball at Ramkota Hotel  

END OF CONSENT CALENDAR 

PUBLIC HEARINGS

117.         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. 

118.         Authorization for Mayor and Finance Officer to Sign a waiver of right to protest a future assessment for the installation of curb, gutter, and sidewalk along South Dakota Highway 44 as it abuts the subject property on Lots 1 and 2 of Lot B of Block 16, Major Drainage Easement of Lot B of Block 16, and Public Access Easement of a portion of Lot B of Block 16, Trailwood Village,  all located in the SE1/4, of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Lot B of Block 16 of Trailwood Village, located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, more fully described as follows:  Commencing at the southwesterly corner of Lot B of Block 16 of Trailwood Village, common to the northeasterly corner of the intersection of the right-of-ways of SD State Highway 44, and Covington Street, and the Point of Beginning; thence, first course:  N40º25'09"E, along the easterly edge of the right-of-way of said Covington Street, a distance of 140.36 feet, to a point of curve; thence, second course:  northerly, along the easterly edge of said Covington Street, curving to the left on a curve with a radius of 600.00 feet, a delta angle of 8º34'58", an arc length of 89.88 feet, a chord bearing of N36º07'40"E, and chord distance of 89.79 feet, to a point on the easterly edge of the right-of-way of said Covington Street; thence, third course: S51º11'35"E, a distance of 461.43 feet, to a point on the easterly boundary of said Lot B of Block 16, common to a point on the westerly boundary of Lot B of Lot 2 of Ridgeview Place Subdivision; thence, fourth course:  S38º38'57"W, along the easterly boundary of said Lot B of Block 16, common to the westerly boundary of said Lot B of Block 2 of Ridgeview Place Subdivision, a distance of 67.21 feet, to a point on the easterly boundary of said Lot B of Block 16, common to the southwesterly corner of said Lot B of Block 2 of Ridgeview Place Subdivision, and common to the northwesterly corner of Lot A of Block 2 of Ridgeview Place Subdivision; thence, fifth course: S38º53'52"W, along the easterly boundary of said Lot B of Block 16, common to the westerly boundary of said Lot A of Block 2 of Ridgeview Place Subdivision, a distance of 162.79 feet, to the southeasterly corner of said Lot B of Block 16, common to the southwesterly corner of said Lot A of Block 2 of Ridgeview Place Subdivision, and common to a point on the northerly edge of the right-of-way of SD State Highway 44; thence, sixth course:  N51º11"35"W, along the southerly boundary of said Lot B of Block 16, common to the northerly edge of the right-of-way of said SD State Highway 44, a distance of 461.12 feet, to the northeasterly corner of the intersection of the right-of-ways of said SD State Highway 44, and said Covington Street, and the Point of Beginning; all located in the SE1/4 of the SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection  of SD State Highway 44 and Covington Street. (04SV075) 

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

120.         Authorize Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, streetlight conduit, water and sewer on Dyess Avenue and to waive the requirement to install curb, gutter, sidewalk and streetlight conduit and sewer on Seger Drive as they abut the property on Lot A, Lot B and Lot C of Lot 2 of Lot C of Golden Eagle Subdivision, Section 20, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Lot C of Golden Eagle Subdivision, Section 20, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest corner of Dyess Avenue and Seger Drive intersection. (04SV078) 

121.         No. 04SV078 - A request by Britton Engineering and Land Surveying, Inc. for Jim Meier for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water and sewer as per Chapter 16.16 of the Rapid City Municipal Code on Lot A, Lot B and Lot C of Lot 2 of Lot C of Golden Eagle Subdivision, Section 20, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 2 of Lot C of Golden Eagle Subdivision, Section 20, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located northwest corner of Dyess Avenue and Seger Drive intersection. 

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

GROWTH MANAGEMENT DEPARTMENT ITEMS 

ORDINANCES & RESOLUTIONS

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

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

125.         No. LF011205-09 Second Reading, Ordinance No. 5018 Regarding Supplemental Appropriation No. 1 for 2005. 

126.         Public Works Committee recommendation to adopt Option B relating to the designation for the added sales tax revenue; and request the City Attorney to prepare an ordinance amendment dedicating the additional revenue to the Sewer Enterprise Fund for infrastructure. 

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

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

129.         No. 05RZ001 First Reading, Ordinance No. 5024, a request by FMG Engineering for Belgarde Enterprises to consider an application for a Rezoning from General Agriculture District to Medium Density Residential District on that part of the E1/2 of the SW1/4 of Section 22, T1N, R7E, of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, that lies within the following description:  Commencing at a rebar with survey cap marked “1019” at the Center-South-South 1/64 corner of Section 22; thence S00º12'36"E, 152.63 feet to a point; thence West, 726.50 feet to a point; thence N64º41'13"W, 267.41 feet to a point; said point being the intersection with a non-tangent curve, the radius point of said curve bears S53º20'07"W, 226.00 feet from said intersection, said curve having a central angle of 16º17’27”; thence Northwesterly, 64.26 feet along arc of said curve, said curve having a chord bearing of N44º48'37"W, and chord distance of 64.04 feet, to a point of tangency; thence N52º57'20"W, 189.40 feet to a point; said point being the point of curvature of a curve to the right having a central angle of 52º57’20” and radius of 174.00 feet; thence Northwesterly and Northerly, 160.82 feet along arc of said curve, said curve having a chord bearing of N26º28'40"W, and a chord distance of 155.16 feet, to a point of tangency; thence North, 187.01 feet to a point; said point being the intersection with a non-tangent curve, the point of said curve bears N04º15'00"W, 92.00 feet from said intersection, said curve having a central angle of 35º45’00”; thence Easterly and Northeasterly, 57.40 feet along arc of said curve, said curve having a chord bearing of N67º52'30"E, and a chord distance of 56.48 feet, to a point of tangency; thence N50º00'00"E, 64.59 feet to a point; said point being the point of curvature of a curve to the right having a central angle of 10º02’46” and radius of 208.00 feet; thence Northeasterly, 36.47 feet along arc of said curve, said curve having a chord bearing of N55º01'23"E, and a chord distance of 36.42 feet, to a point; thence North, 173.49 feet to a point; thence East, 550.47 to a point; thence N26º24'26"E, 82.06 feet to a point on the south Right-Of-Way line of Catron Boulevard; thence S63º35'34"E, 317.69 feet along the south Right-Of-Way line of Catron Boulevard to a 5/8” rebar; said rebar being the intersection with a non-tangent curve, the radius point of said curve bears S26º24'37"W, 2230.97 feet from said intersection, said curve having a central angle of 6º46’27”; thence Southeasterly, 263.77 feet along arc of said curve, said curve having a chord bearing of S60º12'09"E, and a chord distance of 263.62 feet, to a 5/8” rebar with survey cap marked “FMG Inc. LS SD 6119”, said rebar being on the south Right-Of-Way line of Catron Boulevard; thence S00º08'29"E, 505.50 feet to a rebar with survey cap marked “1019” at the Center-South-South 1/64 corner of Section 22 at the point of beginning; all located within the E1/2 of the SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located southeast of the intersection of Catron Boulevard and Nugget Gulch Road. 

LEGAL & FINANCE COMMITTEE ITEMS 

PUBLIC WORKS COMMITTEE ITEMS

130.         No. PW110904-05, Approve Change Order No. 1F for Lange Road Sanitary Sewer Project Number SS03-1253 to Heavy Constructors, Inc. for an increase of $14,378.15

131.         Mallow Street Utility Extension Agreement with Robert Pesek.

132.         No. PW020105-11 Authorize staff to advertise for bids for Water Reclamation Facility Paving and Sidewalk Project No. WRF04-1407, CIP #50578.

133.         No. PW020105-12 Authorize staff to advertise for bids for 2005 Mill and Overlay, Various Locations, Project No. ST04-1431.

134.         Consideration of Draft Water Master Plan, Alderman Kooiker

135.         No. PW020105-14 Authorize Mayor and Finance Officer to sign agreement with Ferber Engineering Company for Preliminary Design Report on recommendations for water and sewer alignments for Deadwood Avenue North Utility Project No. SSW02-1258 for an amount not to exceed $15,305.

136.         No. PW020105-15 Parkview Drive Extension Project No. ST01-1006 revised assessment roll

137.         Authorize staff to enter into easement negotiations with property owners adjacent to West Nike Road #1 to secure utility easement for Mall Ridge Lift Station Improvements Project No. SS03-1255; and authorize staff to proceed with final design of the project with a project construction completion of December 30, 2005; contingent upon securing easement by March 1, 2005.

138.         No. 04SE006 Deny a request for an Exception to the Street Design Criteria Manual to allow 178 dwelling units with one point of access in lieu of 40 dwelling units as per the Street Design Criteria Manual from petitioner Sperlich Consulting, Inc. for Paul Reinke on Lots 18 thru 20 of Copper Oaks No. 2, Lots 11 thru 13 Block 2, Lots 8 thru 12 of Block 3, Lots 1 thru 5 of Block 4, Lots 1 thru 8 of Block 5 and Lot A of Copper Oaks No. 3 Subdivision located in the NE1/4, Section 7, T1S, R7E, BHM, Pennington County, South Dakota, legally described as the unplatted balance of the N1/2NE1/4 less Right-of-way, unplatted balance of the SE1/4NE1/4, SW1/4NE1/4 less the south 23 feet of the east 240 feet of the west 593 feet the of SW1/4NE1/4, less Copper Oaks all located in Section 7, T1S, R7E, BHM, Pennington County, South Dakota, more generally described as being located along Wild Turkey Way and Quartz Canyon Lane.

139.         Accept Red Rock Meadows Lift Station as a City of Rapid City lift station for City ownership and maintenance. 

CIP COMMITTEE ITEMS 

FINANCE OFFICER’S ITEMS

140.         Rapid City Regional Airport to Declare Property Surplus – Tapley Runway Friction Meter for the purpose of resale. 

APPROVAL OF BILLS

141.         No. CC020705-02 February 7, 2005 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

CITY ATTORNEY’S ITEMS

142.         Request Council direction on negotiations for lease of City property with Western Wireless

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

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

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADJOURN