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

April 4 , 2005 - 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 March 21, and Special Council March 28, 2005 

ADOPTION OF THE AGENDA 

AWARDS AND RECOGNITIONS

1.                  Citizen of the Month

2.                  American Concrete Paving Association Award for Excellence for 5th Street Extension Project 

GENERAL PUBLIC COMMENT 

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

BID OPENINGS AND AWARD

3.                  No. CC040405-01 2005 Mill and Overlay Projects - Various Locations Project No. ST04-1431 (bid opened March 30, 2005)

4.                  No. CC040405-01 Chapel Lane Bridge Widening Project No. ST04-1359 (bid opened March 30, 2005)

5.                  No. CC040405-01 Sheridan Lake Road Sidewalk Project No. MIP05-1457 (bid opened March 30, 2005)

6.                  No. CC040405-01 Sixth Street Memorial Park Water Main Transmission Main Project No. W04-1423 (bid opened March 30, 2005)

7.                  No. CC040405-01 Texas Street Area Mill and Overlays Project No. ST04-1083 (bid opened March 30, 2005)

8.                  No. CC040405-01 Tower Road Reconstruction - Cathedral Drive to the Bridge Over 8th Street Project No. ST04-1371 (bid opened March 30, 2005)

9.                  No. CC040405-01 Well No. 5 Pump Replacement and Well No. 12 Pump Lowering Project No. W05-1450 (bid opened April 1, 2005 

ITEMS FROM THE MAYOR

10.             2012 Report 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

11.             No. CC040405-04 Range Road/Soo San Drive, Alderman Chapman

12.             Request for the City to notify surrounding communities and counties of Airport's proposal to create an Airport Authority and to invite their governing boards and any other interested parties to a town hall meeting(s) to discuss the proposal, Aldermen Kooiker, Hadley and Waugh

13.             Moratorium on naming rights, Alderman French 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE 

CONTINUED ITEMS CONSENT CALENDAR – Items 14-49 

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

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

Vote on Remaining Consent Items 

Public Comment on First Item Removed from Consent Calendar 

Council Discussion and Vote on Item 

Continue the following items until April 18, 2005:

14.             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. 

15.             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. 

16.             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. 

17.             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 6105 Covenant Drive. 

18.             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. 

19.             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 Lot 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. 

20.             No. 05AN001 - A request by Dream Design International for SPF, LLC for a Petition for Annexation on Government Lot 4, the unplatted portion of the SE1/4 SW1/4, and the unplatted portion of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, located north of Country Road east of West Nike Road.

21.             No. 05CA011 - A request by Dream Design International for SPF, LLC for an Amendment to the Comprehensive Plan to change the future land use designatin on an approximate 39.6 acre parcel from Planned Residential Development with a maximum density of 2.5 dwelling units per acre to Low Density Residential with a Planned Residential Development on land located in the S1/2 SW1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, described by metes and bounds commencing at the southwest corner of Section 18, T2N, R8E, BHM, Pennington County, South Dakota; thence N45º00'00"E a distance of 46.67 feet to the point of beginning: thence north a distance of 1199.09 feet; thence along the arc of a curve to the right whose radius points bears N89º57'07"E, having a radius of 67.30 feet, a central angle of 89º49'12" and an arc length of 105.51 feet; thence N89º46'19"E a distance of 508.42 feet; thence S56º29'58"E a distance of 1920.16 feet; thence west a distance of 888.13 feet; thence south a distance of 208.66 feet; thence west a distance of 1288.50 feet to the point of beginning, containing an area of 39.6 acres, located north of Country Road east of West Nike Road. 

22.             No. 05CA015 - A request by City of Rapid City for an Amendment to the Comprehensive Plan by amending the Elk Vale Neighborhood Area Future Land Use Plan to change the future land use designation on an approximate 55.3 acre parcel from Light Industrial to General Commercial on the eastern most 504 feet of the SW1/4NW1/4 and the SE1/4NW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road. 

23.             No. 05PL010 - A request by Sperlich Consulting Inc. for Thomas Gagliano for a Preliminary Plat on Lots 8A, 8B and 9R, Block 2, Skyline Pines Subdivision, and a portion of the dedicated right-of-way of Sandstone Lane, located in the SE1/4 of 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, located in the SE1/4 of the SW1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1501 Pevans Parkway and 3289 Sandstone Lane. 

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

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

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

27.             No. 05PL036 - A request by Sperlich Consulting for Triple Z Real Estate Development for a Layout Plat on Lots 8-12 of Block 8, Lots 5-9 of Block 9, Lots 17-30 of Block 10, Lots 4-18 of Block 11, Lots 1-10 of Block 12, Lots 1-14 of Block 13, Lots 1-8 of Block 14, Lots 1-6 of Block 15, Lots 1-3 of Block 16 and Lots 1-3 of Block 17 all located in Elks Country Estates, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SE1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the current southern terminus of Jolly Lane. 

28.             No. 05PL041 - A request by D.C. Scott Co. Land Surveyors for Wayne Householder for a Preliminary Plat on Lot AR of Gravatt Subdivision, dedicated Anderson Road right-of-way and dedicated Dunn Road right-of-way and vacated 33' right-of-way located in the SW1/4 NW1/4 and in the N1/2 SW1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A of Gravatt Subdivision located in the SW1/4 NW1/4 and in the N1/2 SW1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Anderson Road and Dunn Road. 

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

30.             No. 05RZ014 - A request by Dream Design International for SPF, LLC for a Rezoning from No Use District to Low Density Residential District on land located in the S1/2 S1/2, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, described by metes and bounds commencing at the southwest corner of Section 18, T2N, R8E, BHM, Pennington County, South Dakota; thence N25º03’23”E a distance of 1436.68 feet to the point of beginning; thence N89º46'19"E a distance of 433.15 feet; thence along the arc of a curve to the left whose radius point bears N0º13'41"W, having a radius of 310.16 feet, a central angle of 18º42'55" and an arc length of 101.31 feet; thence east a distance of 3805.95 feet; thence south a distance of 1287.00 feet; thence west a distance of 1680.16 feet; thence north a distance of 208.66 feet; thence west a distance of 835.80 feet; thence south a distance of 208.66 feet; thence west a distance of 66.00 feet; thence north a distance of 208.66 feet; thence west a distance of 155.42 feet; thence N56º29'58"W a distance of 1920.16 feet to the point of beginning, containing an area of 96.1 acres, located north of Country Road east of West Nike Road. 

31.             No. 05RZ015 - A request by Dream Design International for SPF, LLC for a Rezoning from No Use District to Medium Density Residential District on land located in the SE1/4 SE1/4, Section 18, T2N, R8E, BHM,  Pennington County, South Dakota, described by metes and bounds commencing at the southwest corner of Section 18, T2N, R8E, BHM,  Pennington County, South Dakota; thence N75º03’36”E a distance of 5120.08 feet to the point of beginning: thence east a distance of 300.00 feet; thence south a distance of 970.00 feet; thence west a distance of 300.00 feet; thence north a distance of 970.00 feet to the point of beginning, containing an area of 6.7 acres, located north of Country Road east of West Nike Road. 

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

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

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

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

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

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

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

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

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

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

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

43.             No. 05SV019 - A request by Sperlich Consulting, Inc. for Jim Letner for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Creek Drive and East Saint Charles Street and to waive the requirement to dedicate additional right-of-way along Creek Drive and East Saint Patrick Street as per Chapter 16.16 of the Rapid City Municipal Code on the SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1720 East St. Patrick Street. 

44.             No. 05SV020 - A request by Ted McBride for Jonna K. Fitzgerald and Teena Miller for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1-3 of SW1/4 of the SW1/4 Section 32, T2N, R7E,  less Lot A, BHM, Rapid City, Pennington County, South Dakota, legally described as the SW1/4 of the SW1/4 Section 32, T2N, R7E,  less Lot A, BHM, Rapid City, Pennington County, South Dakota, located south of Timberland Trail. 

45.             No. 05SV021 - A request by D.C. Scott Co. Land Surveyors for Wayne Householder for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and water, and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot AR of Gravatt Subdivision, dedicated Anderson Road right-of-way and dedicated Dunn Road right-of-way and vacated 33' right-of-way located in the SW1/4 NW1/4 and in the N1/2 SW1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A of Gravatt Subdivision located in the SW1/4 NW1/4 and in the N1/2 SW1/4 of Section 24, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Anderson Road and Dunn Road. 

Continue the following items until May 2, 2005:

46.             No. 05CA014 - A request by Sperlich Consulting for Kensington Heights LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 1.276 acre parcel from Low Density Residential to Low Density Residential - II on Lots 1 through 5, Block 3, Kensington Heights Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the  intersection of Davin Drive and Field View Drive. 

47.             No. 05PL022 - A request by Dream Design International for SPF, LLC for a Layout Plat on Freeland Meadows Subdivision, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Government Lot 4 less right-of-way; the unplatted portion of the SE1/4 SW1/4, the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, located north of Country Road east of West Nike Road. 

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

49.             No. 05SV012 - A request by Dream Design International for SPF, LLC 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 Freeland Meadows Subdivision, Section 18, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Government Lot 4 less right-of-way; the unplatted portion of the SE1/4 SW1/4, the unplatted balance of the S1/2 SE1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, located north of Country Road east of West Nike Road. 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

Package (off-sale) Liquor License Transfer

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

Package (off-sale) Liquor License

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

Special Malt Beverage License

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

Set for Hearing (April 18, 2005) 

Retail (on-off sale) Malt Beverage License Transfer

53.             Li Zhu Zhu dba Asian Garden, 740 Mountain View Road, for a Retail (on-off sale) Malt Beverage License transfer from Qiu Xian Zheng dba China Buffet 

Retail (on-off sale) Malt Beverage License

54.             Habaneros of Texas, Inc. dba Hotexas BBQ, 1118 East North Street for a Retail (on-off sale) Malt Beverage License 

CONSENT CALENDAR ITEMS – 55-100 

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

55.             No. PW032905-17 Approve Appointment of Aldermen Jean French, Ray Hadley and Sam Kooiker, Chairman to the Solid Waste Committee.

56.             No. PW032905-02 Approve Change Order No. 1F for 2004 Mill and Overlay Projects, Various Locations, Project No. ST04-1396 to J & J Asphalt for a decrease of $25,579.01.

57.             No. PW032905-03 Approve Change Order No. 1 for North Elk Vale Sewer Main Extension, Project No. SS03-1292 to Mainline Contracting, Inc. for a decrease of $1,863.94.

58.             No. PW032905-04 Authorize staff to advertise for bids for Sludge Dewatering Polymer.

59.             No. PW032905-05 Authorize staff to advertise for bids for Sheridan Lake Road and Sunset Vista Road Water Main Extension, Project No. W00-947; CIP No. 50260.

60.             No. PW032905-06 Authorize staff to advertise for bids for Skyline Drive Water Main Extension.

61.             No. PW032905-07 Authorize staff to advertise for bids for Hot Mixed Asphaltic Concrete and Asphalt Maintenance Mixtures.

62.             No. PW032905-08 Authorize staff to advertise for bids for Downtown Alley Resurfacing, Project No. ST05-1445; CIP #50379.

63.             No. PW032905-09 Authorize staff to advertise for bids for East Idaho and Maple Streets Water Main Reconstruction, Project No. W05-1467; CIP #50591.

64.             No. PW032905-10 Authorize staff to advertise for bids for 2005 Street Painting Contract, Project No. PM05-1475; CIP #50594.

65.             No. PW032905-11 Authorize staff to advertise for bids for 2005 Street Marking Contract, Project No. PM05-1463; CIP #50593.

66.             No, PW030105-07 Authorize Mayor and Finance Officer to sign Amendment No. 1 to the Professional Services Agreement with Bareis Engineering, Inc. for engineering services for the relocation of existing sewer and water facilities that interfere with the highway reconstruction Project No. SSW04-1393; CIP #50229 for an amount not to exceed $9,305.00.

67.             No. PW032905-12 Authorize Mayor and Finance Officer to sign License Agreement with DM&E Railroad to maintain and use an 8” sanitary sewer line near MP 648.24, Milwaukee Street, Rapid City, SD for Zero Dollars and 00/100 ($0.00) Milwaukee Street Improvements, Project No. SSW02-1196; CIP No. 50337.

68.             No. PW032905-16 Approve Resolution Declaring Property Surplus

69.             No. PW032905-13 Approve Lange Road Right-of-Way Acceptance; Tatanka Road and Harley Drive from DOT; Project No. ST03-1253; CIP #50354.

70.             No. PW032905-14 Authorize staff to solicit Requests for Proposals for Consultant Services for the East Highway 44 Utility Reconstruction Project in conjunction with the SDDOT grading project, Project No. SSW05-1469; CIP #50479.

71.             No. 05RD001 Approve a request by City of Rapid City to consider an application for a Resolution renaming DeGeest Street to DeGeest Drive on the DeGeest Street right-of-way lying adjacent to Lots 1-15 of Block 11, Lots 1-15 of Block 12, Lots 1, 2 and 8 of Block 13 and Lots 1-5 of Block 14 all located in Big Sky Subdivision, and Lot 1 Revised of DeGeest Subdivision, all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being the DeGeest Street Right-of-Way lying generally south of Homestead Drive.

72.             No. 05SE003 Approve an Exception to the Street Design Criteria Manual for petitioner Sperlich Consulting for Kaski Homes to allow access to be taken from the higher order street on Lot 11, Block 10, Elks Country Estates, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the intersection of Padre Drive and Sawgrass Court.

73.             No. 05VE001 Approve with stipulations a Vacation of a Non-Access Easement for petitioner Sperlich Consulting for Kaski Homes on Lot 11, Block 10, Elks Country Estates, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at the northwest corner of the intersection of Padre Drive and Sawgrass Court.

74.             No. 05VE002 Approve a Vacation of an Access Easement for petitioner Sperlich Consulting for Thomas Gagliano on Lots 8 and 9, Block 2, Skyline Pines Subdivision, SE1/4 SW1/4 Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 1501 Pevans Parkway and 3289 Sandstone Lane. 

Legal & Finance Committee Consent Items

75.             No. LF033005-01 Approve appointment of Jim Bickett and Scott Sogge for a two year term to the Residential Contractor Board. 

76.             No. LF033005-10 Authorize Mayor and Finance Officer to sign grant receipt award for Rapid City Economic Development Foundation in the amount of $2,350,000. 

77.             No. LF033005-11 Approve appointment of Sam Kooiker, Bob Hurlbut, Karen Olson, Bill Waugh and Tom Johnson (Chairman) to the Human Resource Task Force. 

78.             No. LF033005-06 Approve 2004 Capital Plan Carryover for Streets, Drainage, and MIP Projects. 

79.             No. LF033005-07 Approve 2005 Capital Plan for Streets, Drainage and MIP Projects. 

80.             No. LF033005-08 Approve the Capital Plan Summary. 

81.             No. LF033005-12 Approve Change Order for Public Safety Building in the amount of $29,725. 

82.             No. LF033005-15 Authorize Police Department to buy one Chevrolet Suburban, State Contract #14369, in the amount of $30,025 from Lamb Chevrolet; one Chevrolet Tahoe, State Contract #14366, in the amount of $28,739 from Beck Chevrolet; and two (2) Dodge Durangos, State Contract #14371, in the amount of $51,092 from Wegner Auto. 

83.             Authorize staff to apply for Fire Act Grant in the amount of $89,666. 

84.             Authorize staff to receive reimbursement of up to $10,000 from State Wild Land Fire for development of community wild fire protection plan. 

85.             No. LF033005-05 Authorize Mayor and Finance Officer to sign Contract with Condrey and Associates, Inc. to conduct a compensation review for grades 18 and below in an amount not to exceed $12,500. 

86.             No. LF033005-09 Approve assessment for property cleanup on E 42’ of Lot 9, Block 18, Schnasse Subdivision (5586 Greenwood Lane, Tim Brookes) in the amount of $120; assessment for property cleanup on Lot 16, Block 9, Boulevard Addition (1122 Quincy Street, Stanley & Dorothy Rosheim) in the amount of $5,366.35; and assessment for property cleanup on Lot 19, Lot 20 less Hwy Rt., Block 1, South Boulevard (237 St. Patrick Street, Donald T. Englebert) in the amount of $167. 

87.             No. CC032105-01 Approve the bid award for one current year model vacuum street sweeper for the Street Division to the lowest responsible bidder meeting specifications, Sheehan Mack Sales, for the low unit prices bid for a contract amount of $166,650, less trade-in of $5,000 for a total contract amount of $161,650. 

88.             No. CC032105-01 Approve the bid award for one new sander truck with plow for the Street Division to the lowest responsible bidder meeting specifications, Eddies Truck Center, for the low unit prices bid for a contract amount of $102,197, less trade-in of $6,000 for a total contract amount of $96,197. 

89.             No. LF033005-04 Approve the following abatement:  Michael J. Atchley, 2004, $1,226. 

90.             Approve the following licenses:  Mechanical Apprentice:  James Buchholz, Victor Wood, Joshua R Ebel, Kassie Smart, Samuel L Meyer, Danny Hayes, John Siers, Eric Davis, Justin Peckham, Bryan Peterson, Tim Von Eye, Dana Dusek, Chad Horst, Zane Wagoner, Bryan Anderson, Tylor Bedford, Jerald Cihak, Ryan Dennis, Jarred Dunn, Matthew Gahl, William Hamilton, Christopher Hansen, tim Hillestad, Travis Lykken, Dan A Michael, Brian Morgan, Mitch Shaffer, John Shook, Leonard Snavely, Steven Streeter, Thomas S Tatum, Sage C Thomas, Ray Waisanen, Brian Wipf, Jeremy Corean, Ryan Corean, Kasey Bowerman, and Daniel I Hartman; Mechanical Contractor:   Doug Frisk, All Seasons Heating & Cooling; Randy Smart, Viking Mechanical; Joe Youngblood, J & S Sheetmetal; Milford E Kast, K & K Sheet Metal; Dan L Meyer, Meyer Mechanical; Gerald G Cook, Accurate Plumbing & Heating; Craig J Waddington, High-Tech Mechanical, Inc.; Al Cornella, Al Cornella Refrigeration; Jesse Horst, Comfort Air; John Hammon Jr., Action Mechanical; Chris Johnson, Action Mechanical; Cody Champion, Champion Home Service; Mark DePerte, Mark’s Home Services LLC; Jeffrey A Murphy, American Quality; Brian Staton, Triple S LLC; Dave Williard, FBI Mechanical Electrical; Troy Nayman, Johnson Controls Inc.; Scott E Larson, Accu-Temp Heating & A/C; Jef Mattern, Wolff’s Plumbing & Heating; and Bryan Hermanson, H & W Heating & Air Conditioning Inc.; Mechanical Installer:  Corey L Merrill, Marvin H Anderson, James B Copeland, Gregory B Cyriacks, Shawn Kast, Clyde Miller, Richard J Petersen, Johnny Reede, Richard J Reif, Erik H Dudley, Brian Bies, Dallas Hayes, Chuck Hibbard, John Leflor Jr., Dale Schulte, Mark Sigler, Joe Artzer, David E Bay, Dale Buehler, Al Cornella, Scott Cornella, Glenn Delabarre, Kenneth Gibson, Vicotr Zepeda, Randi L Miller, Doug Amick, Lynn Amick, Mike Anderson, Joel R Brown, Robert Caswell, Mark L Chilstrom, Craig Chmelka, Franklin G Durst, Todd Johnson, Mark A Krolikowski, Paul Saenz, Shannon J Sailer, Mark R Thomas, Donald P Tischler Jr., David J Wipf, Steven R Storm, Jack Corean, John R Ashby Sr, Mark A DePerte, Jeffrey A Murphy, Chris Derrick, Raymond L Barck, James H Everton, C Michael Ballinger, Michael J Ogren, Steve Sales, Jim Shuman, William E Williard, and Brent Strand; Residential Contractor:  Kory Hammerbeck, Hammerbeck Homes Company; Mobile Home Court:  Eastbrooke Mobile Home Park, Mollers Limited Partnership; Sewer & Water Contractor:  Jon Anderson, Plumbing Plus; Terry Larson, Excavating Specialists; James B. Morris, Mainline Contracting, Inc.; Kim Kerns, Metro Plumbing, Inc.; R. Chris Howie, Howie Construction; Marvin Erikson, Marv’s Excavating, Inc.; Gary L. Hamm, Diamond M. Inc.; Alan K. Schroeder, Inactive at present; Duane Oehlerking, Kingman Construction, Inc.; Mike Ryan; Edward D. Thurman, M&E Excavating; Gregory Lind, Lind-Exco, Inc.; James R. De Haan, De Haan Construction, Inc.; Don Solinsky, Solinsky Construction, Inc.; Steve Achtien, SA Construction Services, Inc.; Steve Moore, A-1 Ditching; Sewer & Water Journeyman: Steve Lhotak, Ronnie Moross, Timothy Powles, Peter Nikkila, Jerry Bassett, Glenn Taylor, Mike Von Colln, Dave Hepburn, Jack Corr, Scott Ryan, Michael Leiby, Ron Berens, Brett Torrey, Dale Graham, Michael Irwin, Dave Mueller, Justin Schuelke, William G. Reasor, Jamie Overby, Bret K. Olson, Howard L. Nold, Dale Mogensen, Richard Harmon, James D. Bice, Floyd P. Schafer, Jeremy Larson, William S. Huber, William Bradford, William Haas, David (Mike) Spear, Brandon Hemenway, Shelby Moore, John R. Page; Trenching Journeyman:  Kevin Bartles, Kent Otto, David Woldt, Gary Wickman, Johnny Ward, Kelly Thurman, John M. Robison, Bob Richardson, Reynold Rausch, Roger Packard, Delos H. Oldewurtel, Brett Larson, Todd E. Jones, Brian Hathorn, Gerald Hanks, Jim Giggee, Paul Frey, Randy Coffield, Scott Bach, Anthony Patino, Justin Haider, Kevin Paugh, Larry J. Nelson; Trenching Contractor:  Nancy Flagler, Flagler Trucking and Construction; Kyle Nelsen, Nelsen Construction; David W. Olson, Olson Dirk Work; Randall Albers, Checker Electric, Inc.   

Growth Management Department Consent Items

91.             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. 

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

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

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

95.             No. 05PL035 - A request by Sperlich Consulting for Doeck LLC for a Layout Plat on the NE1/4 SE1/4, Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located west of West Nike Road and north of Viking Drive. 

96.             No. 05PL037 - A request by Sperlich Consulting for Dr. John Kharouf for a Layout Plat on Lots A and B of Lot 1, North 80 Subdivision, Government Lot 2, SW1/4 NW1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, North 80 Subdivision, Government Lot 2, SW1/4 NW1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of the intersection of 5th Street and East Stumer Road. 

97.             No. 05PL038 - A request by Ted McBride for Jonna K. Fitzgerald and Teena Miller for a Layout Plat on Lots 1-3 of SW1/4 of the SW1/4 Section 32, T2N, R7E,  less Lot A, BHM, Rapid City, Pennington County, South Dakota, legally described as SW1/4 of the SW1/4 Section 32, T2N, R7E,  less Lot A, BHM, Rapid City, Pennington County, South Dakota, located south of Timberland Trail. 

98.             No. 05PL040 - A request by Cedar Hill Corporation for a Preliminary Plat on Lots 6-17 of Block 5; Lots 1-8 of Block 10; Lots 1-5 of Block 11; and dedicated public right of way shown as Bunker Drive and Sagewood Street, all located in the SW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 and Lot 22R of Block 1 of Tyler Knue Subdivision, and the remainder of the unplatted portion of the SW1/4 NW1/4, all located in the NW1/4 NW1/4 and the SW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, generally lying south of Nicole Street, west of Brooke Street, and west of Northridge Drive. 

99.             No. 05PL042 - A request by Ted Schultz, CETEC Engineering for Generations Care LLC for a Preliminary Plat on Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B, 5A, 5B, 6A, 6B, 7A, 7B, 8A, 8B, 9A, 9B, 10A, 10B, 11A, 11B, 12A, 12B, 13 and Outlot A of Block 1; and Lots 1A, 1B, 2A, 2B, 3A, 3B, 4A, 4B and Outlot B of Block 2; and dedicated Right-of-Way of Fountain Springs Park Subdivision located in the NW1/4 of SW1/4, Section 26 and the NE1/4 of SE1/4 of Section 27 and the SE1/4 of NE1/4 of Section 27, T2N, R7E, B.H.M. Rapid City, Pennington County, South Dakota, legally described as property described by metes and bounds beginning at the southwesterly corner of Tract H of Wesleyan Christian Center, thence with a curve turning to the right with a radius of 333.35 feet, with an arc length of 162.41 feet, with a chord bearing of S00º31’20”W, with a chord length of 160.81 feet, thence S70º21’18”E a distance of 53.52 feet; thence with a curve turning to the left with a radius of 170.00 feet, with an arc length of 111.14 feet, with a chord bearing of S89º03’38”E, with a chord length of 109.18 feet, thence N72º10’08”E a distance of 256.15 feet; thence N27º11’28”E a distance of 14.11 feet; thence N17º49’27”W a distance of 299.71 feet, thence with a curve turning to the left with a radius of 150.00 feet, with an arc length of 39.09 feet, with a chord bearing of N25º17’27”W, with a chord length of 38.98 feet, thence N57º03’08”E a distance of 52.02 feet; thence N72º10’27”E a distance of 106.15 feet; thence N37º50’06”W a distance of 288.93 feet; thence N17º25’37”W a distance of 272.77 feet; thence S72º11’49”W a distance of 374.64 feet; thence S27º54’22”E a distance of 156.63 feet; thence N72º42’29”E a distance of 96.05 feet; thence S17º26’50”E a distance of 160.91 feet; thence S37º51’20”E a distance of 289.96 feet; thence S17º48’48”E a distance of 117.76 feet, thence S76º34’02”W a distance of 263.53 feet; which is the point of beginning, having an area of 251,473.00 square feet, 5.773 acres all lying in the NW1/4 of SW1/4, Section 26 and the NE1/4 of SE1/4 of Section 27 and the SE1/4 of NE1/4 of Section 27, T2N, R7E, B.H.M. Rapid City, Pennington County, South Dakota, located northwest of Harmony Heights Lane and Sunny Springs Drive. 

100.         No. 05PL039 - A request by Buescher Frankenberg Associates for Wal-Mart Stores for a Layout Plat on Wal-Mart Tract and Outlots 1-5 located in W1/2 of NW1/4 Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 of the NW1/4 of Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the W 1/16th corner of Sections 26 and 35, T1N, R7E, BHM, thence S00º08’07”W, a distance of 868.68 feet to the point of beginning; Thence, first course: S03º29’32”W, a distance of 461.19 feet; Thence, second course: S00º00’00”W, a distance of 567.54 feet; Thence, third course: N83º15’19”W, a distance of 597.38 feet; Thence, fourth course: S06º44’41”W, a distance of 82.18 feet; Thence, fifth course: southwesterly, curving to the right on a curve with a radius of 182.00 feet, a delta angle of 53º16’41”, a length of 169.24 feet, a chord bearing of S33º23’02”W, and chord distance of 163.21 feet; Thence, sixth course: S60º01’22”W, a distance of 91.24 feet; Thence, seventh course: N26º25’04”W, a distance of 5.31 feet; Thence, eighth course: northwesterly, curving to the left on a curve with a radius of 581.20 feet, a delta angle of 56º52’25”, a length of 576.91 feet, a chord bearing of N56º38’32”W, and chord distance of 553.52 feet, to a point on the easterly edge of South Dakota South Highway 16 right-of-way; Thence, ninth course: N06º38’59”E, along the easterly edge of said right-of-way, a distance of 455.72 feet, to a point on the N 1/16th line of Section 35; Thence, tenth course: N06º40’09”E, along the easterly edge of said right-of-way, a distance of 598.55 feet; Thence, eleventh course: S83º15’19”E, a distance of 1150.19 feet, to the point of beginning. Said parcel contains 1,299,751.10 square feet or 29.8380 acres more or less, located near the intersection of S.D. South Highway 16 and Moon Meadows Road on the east side of S.D. South Highway 16. 

Raffles (None) 

END OF CONSENT CALENDAR 

PUBLIC HEARINGS

101.         No. 05UR003 - A request by Laura Jones for Herman and Wanda Jones for a Conditional Use Permit to allow the construction of an off-premise sign in the balance of Lot C of the SW1/4 of Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Highway 16 near milepost 65. 

102.         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 at the northeast corner of the intersection of MacArthur Street and Wood Avenue. 

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

104.         No. 05CA016 - A request by City of Rapid City for an Amendment to the Comprehensive Plan by amending the Elk Vale Neighborhood Area Future Land Use Plan by including additional property and designating the property as General Commercial land use on the S1/2SW1/4 lying south of the RR ROW and the west 130 feet adjacent to RR ROW and the RR ROW, all located in Section 27, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; and the E1/2NE1/4NW1/4 and the NW1/4NE1/4NW1/4, all of Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road. 

105.         No. 05CA017 - A request by City of Rapid City for an Amendment to the Comprehensive Plan by amending the Elk Vale Neighborhood Area Future Land Use Plan to change the future land use designation on an approximate 20.3 acre parcel from Light Industrial to General Commercial on the eastern most 340 feet of the NW1/4NW1/4 and the SW1/4NE1/4NW1/4, all located in Section 34, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located south of Interstate 90 and east of Elk Vale Road. 

106.         No. 05CA018 - A request by City of Rapid City for an Amendment to the Comprehensive Plan amending the Major Street Plan by eliminating and realigning several collector and arterial roads on all located in Sections 23, 24, 25, 26, 34, 35 and 36 in T1N, R7E, BHM, Pennington County, South Dakota, and Sections 19, 29, 30, 31 and 32, T1N, R8E, BHM, Pennington County, South Dakota, and Sections 1, 2, 3, 11 and 12, T1S, R7E, BHM, Pennington County, South Dakota, and Sections 5, 6, 7, 8, 17 and 18, T1S, R8E, BHM, Pennington County, South Dakota, located located south of Minnesota Street, north of Spring Creek Road, east of US Highway 16 and west of SD Highway 79. 

107.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, 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 they abut Lots 1-3, Block 1, Buehner Subdivision located in the W1/2 W1/2 SW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, legally described as the W1/2 W1/2 SW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at the current southern terminus of Limelight Lane. (04SV081) 

108.         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 the W1/2 W1/2 SW1/4 of Section 32, T1N, R7E, BHM, Pennington County, South Dakota, located at the current southern terminus of Limelight Lane. 

109.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer and pavement along Elm Avenue as they abut Lots 18 through 21 of Block 1, Lots 6 through 19 of Block 3, and Lots 1 through 10 of Block 4, Kensington Heights Subdivision located in "Government" Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the E1/2 of the S1/2 of "Government" Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Elm Avenue and Enchanted Pines Drive. (05SV018) 

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

111.         Authorize the Mayor and Finance Officer to sign the waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, storm drainage, sewer and water along the Section Line Highway as it abuts the SW1/4 SE1/4 Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 6105 Covenant Drive. (05SV022) 

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

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

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

ORDINANCES & RESOLUTIONS

115.         No. LF021605-12 Second Reading, Ordinance No. 5046 Modifying the Allocation of the City’s Retail Occupational Sales and Service Tax by Amending Section 3.16.060 of the Rapid City Municipal Code.   

116.         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 at the northeast corner of the intersection of MacArthur Street and Wood Avenue. 

117.         No. 05RZ008 - Second Reading, Ordinance No. 5032, a request by Dream Design International for SPF, LLC for a Rezoning from No Use District to Low Density Residential District on land located in the S1/2 SW1/4, Section 18, T2N, R8E, BHM, Pennington County, South Dakota, described by metes and bounds commencing at the southwest corner of Section 18, T2N, R8E, BHM, Pennington County, South Dakota; thence N45º00'00"E a distance of 46.67 feet to the point of beginning: thence north a distance of 1199.09 feet; thence along the arc of a curve to the right whose radius points bears N89º57'07"E, having a radius of 67.30 feet, a central angle of 89º49'12" and an arc length of 105.51 feet; thence N89º46'19"E a distance of 508.42 feet; thence S56º29'58"E a distance of 1920.16 feet; thence west a distance of 888.13 feet; thence south a distance of 208.66 feet; thence west a distance of 1288.50 feet to the point of beginning, containing an area of 39.6 acres, located north of Country Road east of West Nike Road. 

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

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

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

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

122.         No. 05RZ029 - First Reading, Ordinance No. 5058, a request by Marty Jacob for MBJ Company, Inc. for a Rezoning from Medium Density Residential District to Light Industrial District on Lots 1 thru 8 inclusive and Lots 21 thru 28 inclusive in Block 7 and Lots 1 thru 7 inclusive in Block 12; all located in Northside Addition, NW1/4 Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 826 East Monroe Street. 

123.         No. 05RZ030 - First Reading, Ordinance No. 5059, a request by Dream Design International for Jul-Mar Development for a Rezoning from General Agriculture District to Low Density Residential District on Lots 1-3, Block 3, Stone Ridge Subdivision, located in the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted balance of the W1/2 of the S1/2 of Government Lot 4, located in the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Parkview Drive and Enchanted Pines Drive. 

124.         No. LF033005-03 First Reading, Ordinance No. 5057 Regarding Supplemental Appropriation No. 2 for 2005.   

LEGAL & FINANCE COMMITTEE ITEMS 

PUBLIC WORKS COMMITTEE ITEMS

125.         Request Authorization for Mayor and Finance Officer to Sign Access Agreement with Plum Creek Development 

126.         Authorize the Mayor and Finance Officer to sign an access agreement with Plum Creek Development. 

127.         Request staff to review funding options to cover the cost of new shotgun microphones and streaming video and streaming audio. 

128.         No. PW032905-15 Authorize staff to solicit Requests for Proposals for Consultant Services for the Utilities Reconstruction on West Chicago, Mt. Rushmore Road and I-190 in conjunction with the SDDOT paving projects, Project No. SSW05-1468; CIP #50493. 

129.         No. PW032905-17 Fitzgerald Yard Waste and Training Building 

CIP COMMITTEE ITEMS 

FINANCE OFFICER’S ITEMS 

APPROVAL OF BILLS

130.         No. CC040405-02 April 4, 2005 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS

131.         No. CC040405-03 Lange Road Sanitary Sewer Project Number SS03-1253, Lange Road relocation, Exit 55, rock excavation allowance

132.         Utility Master Planning Strategy Report 

CITY ATTORNEY’S ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADJOURN