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5:45 P.M., Agenda Review for City Council and Department Heads in 3rd floor West Conference Room (informal discussion; no action will be taken).

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

May 2, 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 April 18 and Special Council April 18, April 25 and Information Meeting of April 20, 2005

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Citizen of the Month for May, 2005

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. Timing lights will be used, three minute time limit per speaker.

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

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

3.                  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.

4.                  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.

5.                  No. 05CA021 - A request by Faulk & Foster for WWC License LLC for a Comprehensive Plan Amendment to the North Rapid Neighborhood Area Future Land Use Plan by changing the designation on an approximate .913 acre parcel from Neighborhood Commercial to Public on a tract of land that is located in a portion of Lot 1 Rev in a replat of a portion of Wise’s Addition including Lot 1 Rev, Lot 2 Rev, Lot 3 Rev, Lot 4 Rev and Lot 5 Rev of Block 6 (formerly Lots 18-21 of Block 4, Lots 19-36 of Block 5, Lots 1-36 of Block 6, Lots 14-21 of Block 7 and the previously vacated portions of East Jackson Street and the previously vacated portions of Herman Street) located in the SW1/4 of the NW1/4 of Section 31, T2N, R8E of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Commencing at the Northeast corner of said Lot 1 Rev as recorded in Book 20 of Plats, Page 62 of records of the Pennington County Register of Deeds; thence S00º05’51”W along the east line of Lot 1 Rev, 61.84 feet to the point of beginning; thence continuing S00º05’51”W along the said east line of Lot 1 Rev, 50.00 feet; thence S89º52’25”W, 14.86 feet to the southeast corner of the Food Bank Building; thence N00º01’04”E along the east line of the said Food Bank Building, 50.00 feet to the northeast corner of the said Food Bank Building; thence N89º52’28”E, 14.93 feet to the point of beginning.  Said parcel contains 0.02 acres, more or less, located at 814 North Maple Avenue.

6.                  No. 05FV002 - A request by Todd Wiebelhaus for a Fence Height Exception to allow a nine foot high fence in the Medium Density Residential Zoning District on Lots 13 and 14, Block 12, South Park Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located  at 106 East Meade Street.

7.                  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 the section line highway as it abuts 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. (05SV020)

8.                  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 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.

9.                  No. 05TI001 - A request by Jim Letner for a Resolution Creating Tax Increment District No. 52 on Tract 1, Shamrock Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract C, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; Lot B of Lot 3 of Tract D, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The 60 foot East St. Charles Street right-of-way located between Cambell Street and Creek Drive, and the 66 foot Creek Drive right-of-way located between E. St. Patrick Street on the south and Rapid Creek on the north, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Saint Patrick Street, East of Cambell Street and west of Creek Drive.

10.             No. 05TI002 - A request by Jim Letner for a Tax Increment District No. 52 Project Plan on Tract 1, Shamrock Subdivision, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, Tract C, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; Lot B of Lot 3 of Tract D, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, The 60 foot East St. Charles Street right-of-way located between Cambell Street and Creek Drive, and the 66 foot Creek Drive right-of-way located between E. St. Patrick Street on the south and Rapid Creek on the north, all located in Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of East Saint Patrick Street, East of Cambell Street and west of Creek Drive.

LEGAL & FINANCE COMMITTEE ITEMS

11.             Short term recommendations regarding Soo San Drive and Range Road:  1) work with the School District to significantly change offload/pickup area. Instead of in front of the school transfer this activity to the parking lot south of the school; 2) install sidewalk from the school bus lane to crosswalk in the southwest corner of the intersection (School); 3) increase patrol and enforcement activities around the intersection; and 4) install no left turn out of the Westminister Presbyterian Church parking lot (Church).

PUBLIC WORKS COMMITTEE ITEMS

12.             No. PW042605-04 Approve Change Order No. 1F for Whitehead Ballfield Improvements Phase 2 Lighting Project No. PR04-1404 to Conrad’s Big C Electric for an increase of $2,260.54

13.             No. PW042605-05 Authorize staff to advertise for bids for Block 8 Alley Paving – West Boulevard Addition Project No. ST03-1330; CIP #50595

14.             No. PW042605-06 Authorize staff to advertise for bids for Milwaukee Street Improvements, Project No. SSW02-1196; CIP #50337

15.             No. PW042605-07 Authorize staff to advertise for bids for Lemmon Avenue Reconstruction Phase 2, Project No. ST04-1437; CIP #50120

16.             No. PW042605-08 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with FMG, Inc. for 2005 City Wide Materials Testing Project No. ST05-1465; CIP #50591 for an amount not to exceed $30,000.00

17.             No. PW042605-09 Authorize Mayor and Finance Officer to sign Amendment No. 2 to the Professional Services Agreement with CETEC Engineering for geotechnical services to be provided for the final design of the Mall Ridge Lift Station Improvements, Project No. SS03-1255; CIP #50376 for an amount not to exceed $2,715.00

18.             No. PW042605-10 Authorize Mayor and Finance Officer to sign 404(B) Wetlands Permit at Fifth Street and Catron Boulevard

19.             No. PW042605-11 Authorize Mayor and Finance Officer to sign an Agreement with American Engineering Testing for geotechnical services for the proposed 38th Street Bridge Replacement, Project No. MIP05-1477; CIP #50550 for an amount not to exceed $1,733.00

20.             No. PW042605- 15 Rapid City Landfill Industrial Pollution Violation Discussion

21.             No. PW042605-12 - Snow Disposal Site Alternatives

22.             No. PW042605-03 Presentation of Public Works/Engineering Division Streamline Proposal, Public Works Committee recommendation to hire a city engineer immediately and to create an additional FTE (Full-time Equivalent) for the traffic engineer position, identifying Council Contingency as the funding source. 

GROWTH MANAGEMENT DEPARTMENT ITEMS

ORDINANCES & RESOLUTIONS

23.             No. 05RZ032 – First Reading, Ordinance No. 5062, a request by Dream Design International for Mandalay Homes for a Rezoning from General Agriculture District to Office Commercial District on Lot 2, Block 1, Fifth Street Office Plaza, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4940 5th Street.

24.             No. 05RZ033 - First Reading, Ordinance No. 5063, a request by Tracy Parris for a Rezoning from Flood Hazard District to Park Forest District on a parcel of land located in Lot 5 of Tittle Springs Subdivision more particularly described as follows: located in the NE¼ of the SW¼ of Section 18, TIN, R7E, BHM, Rapid City, Pennington County, South Dakota, said parcel bears N09º00’28”W a distance of 814.22 feet from the southeast corner of Lot 2 of Tittle Springs Subdivision commencing at the point of beginning: Thence First Course: along the line common with lots 4 and 5 of Tittle Springs Subdivision a bearing of N01º27’29"W and a distance of 35.58 feet; Thence Second Course: along the 100-Year Flood Plain Boundary delineated from F.I.R.M. Panel 465420-0011 F a bearing of N54º55’21”E, a distance of 14.13 feet: Thence Third course: along said 100-Year Flood Boundary Line a bearing of N87º37’55”W and distance of 4.24 feet; Thence Fourth Course: along said 100-year flood line a bearing of N70º03’43”W and distance of 5.26 feet; Thence Fifth Course: along said 100-Year Flood Line a bearing of N88º32’31”W and distance of 8.24 feet to the point of departure from said 100 year line; Thence continuing along a line with a bearing of N88º32’31”W and a distance of 20.76 feet to an intersection with the line common with lots 5 and 6 of Tittle Springs Subdivision; Thence Sixth Course: along the line common to the lots 5 and 6 of Tittle Springs Subdivision a bearing of S01º27’29”W and a distance of 45.05 feet; Thence Seventh Course: along a line with a bearing of S88º26’10”E, and a distance of 50.00 feet to the point of beginning.  Said parcel of land contains 2,177.00 sq.ft/0.0500 acres, more or less. All located in Lot 5 of Tittle Springs Subdivision in the NE¼ of the SW¼ of Section 18, TIN, R7E, BHM, Pennington County, South Dakota, located at 6201 Magic Canyon Road.

25.             No. 05RZ034 - First Reading, Ordinance No. 5064, a request by Boschee Engineering for a Rezoning from General Commercial District to Low Density Residential - II District on Lots 1A and 1B, Block 5, Stoney Creek Subdivision Phase 1, W1/2 NW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5225 Bendt Drive.

26.             No. 05RZ035 - First Reading, Ordinance No. 5065, a request by City of Rapid City for a Rezoning from Temporary Airport District to Airport District on Lot 1 in SW1/4 Section 5 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 2 and 3 in S1/2 Section 6 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 4 and 5 in E1/2 Section 7 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot H-1 in the SE1/4 of Section 7, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 6 in NW1/4 Section 8 of R.C. Airport Subdivision No. 4 in SW1/4 Section 5, S1/2 Section 6, E1/2 Section 7 and NW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 1, Lots 3, 4, 5 and 6 in the SW1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 1 and 2 of the SW1/4 Section 8 and Lot 1 of SW1/4SE1/4 Section 8, all located in T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 7 of R.C. Airport Subdivision No. 1 in SW1/4, Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 6 in SE1/4 Section 8 of R.C. Airport Subdivision No. 2 in SE1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 2, Lots 2, 3, 4 & 5 in the SE1/4 Section 8, T1N, R9E, BHM, Pennington County, South Dakota; and, R.C. Airport Subdivision No. 3, Lots 1 & 2 in the SW1/4, Section 9, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot H-1 of NW1/4, Section 16, T1N, R9E, BHM, Pennington County, South Dakota; and, All of Section 17, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 2 in SE1/4 Section 20 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, All of the N1/2 of Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot A and B of SW1/4, Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Section line right-of-way in the SW1/4 of Section 20 located north of Lot H-1 of Lot A in the SW1/4 of Section 20, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 3, 4, 5 & 6 in Section 21 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, Lot 5A in SW1/4SW1/4 of Section 21 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota; and, W1/2NW1/4, NW1/4SW1/4, Pt. SW1/4SW1/4, Tracts G and H in the SE1/4NW1/4 and E1/2SW1/4, and Tract I in the SW1/4SW1/4, Section 21, T1N, R9E, BHM, Pennington County, South Dakota; and, Lots 7 and 8 in N1/2 of Section 28 of R.C. Airport Subdivision No. 5 in SW1/4 Section 16, SE1/4 Section 20, W1/2 and SE1/4 Section 21 and N1/2 Section 28, T1N, R9E, BHM, Pennington County, South Dakota, containing 1,719.78 acres, more or less, located at Rapid City Regional Airport.

27.             No. 05RZ031 – Second Reading, Ordinance No. 5060, a request by Faulk & Foster for WWC License LLC for a Rezoning from Neighborhood Commercial District to Public District on a tract of land that is located in a portion of Lot 1 Rev in a replat of a portion of Wise’s Addition including Lot 1 Rev, Lot 2 Rev, Lot 3 Rev, Lot 4 Rev and Lot 5 Rev of Block 6 (formerly Lots 18-21 of Block 4, Lots 19-36 of Block 5, Lots 1-36 of Block 6, Lots 14-21 of Block 7 and the previously vacated portions of East Jackson Street and the previously vacated portions of Herman Street) located in the SW1/4 of the NW1/4 of Section 31, T2N, R8E of the Black Hills Meridian, Rapid City, Pennington County, South Dakota, being more particularly described as follows: Commencing at the Northeast corner of said Lot 1 Rev as recorded in Book 20 of Plats, Page 62 of records of the Pennington County Register of Deeds; thence S00º05’51”W along the east line of Lot 1 Rev, 61.84 feet to the point of beginning; thence continuing S00º05’51”W along the said east line of Lot 1 Rev, 50.00 feet; thence S89º52’25”W, 14.86 feet to the southeast corner of the Food Bank Building; thence N00º01’04”E along the east line of the said Food Bank Building, 50.00 feet to the northeast corner of the said Food Bank Building; thence N89º52’28”E, 14.93 feet to the point of beginning.  Said parcel contains 0.02 acres, more or less, located at 814 North Maple Avenue

28.             No. LF041305-12 First Reading, Ordinance No. 5061 Amending Section 13.08.370 of the Rapid City Municipal Code Pertaining to Sewer Rates and Fees.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 29-63

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

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

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Continue the following items until May 16, 2005:

29.             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.

30.             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.

31.             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 approximately 0.75 miles west of Fifth Street and Minnesota Avenue.

32.             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.

33.             No. 04SE002 - A request by Daniel and Lori Smith for an Exception to the Street Design Criteria Manual to allow access from a higher order street on Lot 2 of Block 13, located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1802 Valentine Street.

34.             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.

35.             No. 05AN004 - A request by Pennington County for a Petition for Annexation on the Fifty (50) foot West Nike Road right-of-way located north of Government Lot 4 and west of Lot 4, Four-M Subdivision, and south of Tract 2, 3, 4, & 5 of Sletten Addition, all located in the SW1/4 of Section 18, T2N, R8E, BHM, Pennington County, South Dakota, as shown on the “Plat of a portion of Sletten Addition, which includes: Lot B revised; Tract 3; Tracts 1,2, 4, and 5; dedicated public right-of-way, all located in Government Lot 3 of Section 18, T2N, R8E, BHM, Pennington County, South Dakota”; located in Book 13, Page 255, located north of Country Road, east of Haines Avenue.

36.             No. 05CA011 - A request by Dream Design International for SPF, LLC for an Amendment to the Comprehensive Plan to change the future land use designation 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.

37.             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 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 south of Minnesota Street, north of Spring Creek Road, east of US Highway 16 and west of SD Highway 79.

38.             No. 05CA019 - A request by Marty Jacob for MBJ Company, Inc. for an Amendment to the Comprehensive Plan by revising the North Rapid Neighborhood Area Future Land Use Plan to change the future land use designation on a 1.58 acre parcel of land from Medium Density Residential to Light Industrial 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.

39.             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 being 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.

40.             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.

41.             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.

42.             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.

43.             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.

44.             No. 05PL047 - A request by Dream Design International for Jul-Mar Development for a Prelimimary Plat 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.

45.             No. 05PL054 - A request by Fisk Land Surveying & Consulting Engineers for Russell and Dalaina Salamun for a Layout Plat on Lot 1 and Lot 2 of Salamun Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the north 68.5 feet of Lot H, less the East 33 feet, Block 1 of Lot 3, Schamber Subdivision, NE1/4 NW1/4 Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2016 Elmhurst Drive.

46.             No. 05PL055 - A request by Dream Design International for a Preliminary Plat on Tract 1 and 2 and dedicated right-of-way, McMahon Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as unplatted land located in the NE1/4 SW1/4 of Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southern terminus of Kyle Street.

47.             No. 05PL057 - A request by Fisk Land Surveying & Consulting Engineers for Hagg Development Corporation for a Layout and Preliminary Plat on Lots 1-17 and Lot A of Tuscany At The Cliffs Subdivision and dedicated right-of-way, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Parcel A of Tract SB of Springbrook Acres Addition, Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Sandstone Ridge Apartments and east of Holiday Estates.

48.             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.

49.             No. 05RZ014 - Second Reading, Ordinance No. 5038, 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.

50.             No. 05RZ015 - Second Reading, Ordinance No. 5039, 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.

51.             No. 05RZ016 - Second Reading, Ordinance No. 5043, 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.

52.             No. 05RZ020 - Second Reading, Ordinance No. 5048, 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.

53.             No. 05RZ029 - Second 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.

54.             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.

55.             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.

56.             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.

57.             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 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.

58.             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 SW1/4 of the SW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1720 East St. Patrick Street.

59.             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.

60.             No. 05SV023 - A request by Brent Pushing for a Variance to the Subdivision Regulations to waive the requirement to pave and to reduce the surface width from 24 feet  to 16 feet for Sunridge Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 thru 4, Brentwood Subdivision, Section 25, T2N, R6E, BHM,  Rapid City, Pennington County, South Dakota, legally described as S1/2 NW1/4 SW1/4 SE1/4; S1/2 NE1/4 SW1/4 SE1/4; SW1/4 SW1/4 SE1/4; SE1/4 SW1/4 SE1/4, Section 25, T2N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Sunridge Road.

61.             No. 05SV024 - A request by Fisk Land Surveying & Consulting Engineers for Russell and Dalaina Salamun for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer and pavement and to waive the requirement to dedicate additional right-of-way as per Chapter 16.16 of the Rapid City Municipal Code and a Variance to the Subdivision Regulations to allow a Lot length greater than twice the distance of the Lot width as per Chapter 16.12.190 of the Rapid City Municipal Code on Lot 1 and Lot 2 of Salamun Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the north 68.5 feet of Lot H, less the East 33 feet, Block 1 of Lot 3, Schamber Subdivision, NE1/4 NW1/4 Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2016 Elmhurst Drive.

62.             No. 05TI003 - A request by City of Rapid City for a Tax Increment District No. 36 Revised Project Plan on Lot 1 of Block 1, & Dedicated right-of-way, of Tires Plus Addition, located in the NE1/4 of the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots 1R and 2R of Five Star Subdivision and dedicated public right-of-way shown as Disk Drive, located in NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Tracts 4-C of Parcel #4, and Tracts 4-A, C and D, all located in the SE1/4 NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lots A, B & C of Lot 1 of Block 1 of Geld Subdivision and Lots 2 & 3 of Geld Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Parcel #3 in SW1/4 NW1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Parcel #7 in SW1/4 NW1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, described by metes and bounds as follows:  Beginning on the West Section Line at the Northwest corner of the SW1/4 NW1/4 of said Section 25; thence East along the one-sixteenth line a distance of 350 feet to the TRUE POINT OF BEGINNING, thence due South a distance of 145 feet; thence North 76 degrees 15 feet East a distance of 610 feet to the East-West one-sixteenth line; thence West along the one-sixteenth line a distance of 592.6 feet to the true point of beginning; Lot 18 (except that portion of Lot 18 platted as Lot C of Pine View Subdivision, as shown on the plat filed in Plat Book 17, page 144), and all of Lots 19-22 together with the vacated Street abutting said lots as recorded in Miscellaneous Book 115, page 678, all located in Block 4, Pine View Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 8R of Block 3 as recorded on Plat of Tract CR and Lot 8R of Block 3 formerly Tract C and Lot 8 of Block 3 located in the NW1/4 NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1 and Lot 2 of Lowe’s Subdivision, formerly Tract 1 of Martley Subdivision and Tract CR of the NW1/4 of the NE1/4 located in the NW1/4 of NE1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Balance of Parcel No. 8 in the NW1/4 NW1/4 of Section 25, T2N, R7E, BHM, Pennington County, South Dakota; Unplatted portion of NW1/4 NW1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Unplatted Balance of NE1/4 NW1/4, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot H-1 in the S1/2 NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Plat of dedicated public right-of-way shown as Disk Drive, formerly a portion of Parcel 5 of NE1/4NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; All of dedicated Public right-of-way of Disk Drive located in the NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; A portion of Lot A of Howard Street/I-90 right-of-way located adjacent to Tracts 4-C of Parcel #4 and Tracts 4-A, C & D of the SE1/4NW1/4 and adjacent to Parcel #3 and Parcel #7 in the SW1/4NW1/4 and Lot 1R of Five Star Subdivision in the NW1/4 and Disk Drive right-of-way, all located in Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; The 100 foot Haines Avenue right-of-way beginning at the southern boundary of the Haines Avenue/Disk Drive intersection located in Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, then traveling northward and ending at the intersection of the North/South and East/West quarter section lines of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lot 1 and Lot 2, The New Park Subdivision, located in the NW1/4SW1/4 of  Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; SW1/4SW1/4, NE1/4SW1/4, N1/2SE1/4SW1/4, all located in Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Dakota Subdivision #1, located in the S1/2SE1/4SW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota; Lakota Subdivision #1, Lakota Subdivision #2, and Lakota Subdivision #3, all located in the N1/2NW1/4 of Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, extending north from Interstate 90 to Northridge Subdivision and from the east property boundary of Lowe's Subdivision to Bunker Drive.

Continue the following items until June 6, 2005:

63.             No. 05PL056 - A request by Centerline for Bank West for a Layout Plat on Lots 1A and 1B, Block 1, Stoney Creek Plaza, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1, Block 1 of Stoney Creek South Subdivision, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of the intersection of Catron Boulevard and Sheridan Lake Road.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 64-106

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 (June 6, 2005)

64.             No. 05VR003 - A request by Sperlich Consulting for Rushmore Waterslide, Childrens Care Hospital and School, D & V LLC, SIGBjornson Lmtd. Pntshp., Orthopedic Land Co. LLC and SSDH, Inc. for a Vacation of Right-of-way on the Right-of-way of Physician Drive, Old Rodeo Subdivision, located in the NE1/4 of the SW1/4, Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of Addison Avenue.

Public Works Committee Consent Items

65.             No. PW042605-01 Grant a special exception to the Street Design Criteria Manual to allow paving in the public right of way at 900 E. Watertown Street. 

66.             Place a moratorium on any new construction using Chapter 15.28.080(B)(10) and to request that the City Attorney’s Office draft two ordinance amendments to bring forward to the Legal and Finance Committee 1) repealing the public purpose exemption from the sign code and 2) clarification of the exemption in terms of the “specific authorization” 

67.             Acknowledge the report on the status of old Big Bend Hydroelectric Power Plant (west of the Federal Beef site)

68.             No. PW042605-13 Order in the sidewalk along East Meade Street on the City property along the drainage ditch and add the sidewalk project to the Miscellaneous Improvement Projects list. 

69.             Request staff to clean up the East Meade Drainage area and bring a status report to the May 31, 2005 Public Works Committee Meeting. 

70.             Acknowledge Consultant Selection Process Amendment Report

Legal & Finance Committee Consent Items

71.             No. LF042705-04 Authorize Mayor and Finance Officer to sign Del's Construction Inc. proposal for cabinet modification in an amount not to exceed $492. 

72.             No. LF042705-05 Acknowledge presentation of the Rapid City Statutory Planning Commission and Growth Management Department Annual Report 2004. 

73.             No. LF042705-06 Approve the Consolidated Annual Performance and Evaluation Report (CAPER – Fiscal Year 2004). 

74.             No. LF042705-24 Approve revisions to tax increment financing guidelines. 

75.             No. 05TP005 Authorize Mayor and Finance Officer to execute Amendment No. 1 to the Professional Services Agreement with Ferber Engineering, Inc., for the Southeast Connector Neighborhood Area Future Land Use Plan (No cost, time extension only). 

76.             No. LF041305-01 Direct staff to visit with the Black Hills Farmers Market, and bring back a recommendation regarding the request by Paula and Gary Mendeering to be recognized as a farmers market to be allowed to sell produce at the farmers market location one day a week. 

77.             Approve Sioux Falls Water Ski Club’s request to use Canyon Lake for a water ski show on June 25, 2005; and request the club to contact the Fire Department regarding its refueling plans and emergency access plans; and include Jerry Cole, the Recreation Director, in the planning of this event. 

78.             No. LF042705-23 Authorize the Safe Streets Committee to apply with the Black Hills Ad Federation to become a client of theirs to create a public service campaign to promote pedestrian and driving safety in Rapid City. 

79.             Acknowledge the information provided regarding traffic enforcement on Fifth Street. 

80.             No. LF042705-01 Approve Travel Request for Mason Short to attend ACI-NA Marketing & Communications Conference and JumpStart Air Service Program in Calgary, Canada, June 12-15, 2005, in an approximate amount of $1,889. 

81.             No. LF042705-02 Approve Travel Request for Officers Rick Arlaud, Harold Soske, Jeff Alexander, Chris Holbrook, Kyle Fees, and Tracy Wiest to attend EVOC Training in Burns Flat, OK, October 8-14, 2005, in the approximate amount of $2,988. 

82.             Approve Travel Request for 10 officers to attend the law enforcement instructor course in Rapid City, SD, March 29, 2005, and to pay the instructor’s fees for this course in the amount of $2,400. 

83.             No. LF042705-03 Approve Travel Request for Denise Rossum and Jackie Langley to attend Sweet Software User Group Workshop in Chicago, IL, June 21-24, 2005, in the approximate amount of $3,162. 

84.             No. LF042705-22 Approve expenditure of up to $18,000 for fireworks as per the three year contract with Premier Pyrotechnics, Inc. and authorize immediate expenditure of $16,378.85 as per invoice. 

85.             Request staff to proceed with the bonding process for the Utility Support Fund. 

86.             No. LF042705-07 Approve Resolution Declaring Property Surplus. 

87.             No. LF042705-08 Approve Resolution Designating Official Depositories. 

88.             No. LF042705-09 Approve Resolution Establishing City/School Election Officials for Calendar Year 2005. 

89.             No. LF042705-10 Authorize settlement with Verizon Wireless for $2,240 for early termination costs. 

90.             No. LF042705-11 Authorize Mayor and Finance Officer to sign Contract with Ken's Carpet & Decorating Co. to furnish and install carpet/flooring on the first and second levels of the CSAC building in an amount not to exceed $24,900. 

91.             No. LF042705-12 Acknowledge the Capital Improvements Program Committee Monthly Update. 

92.             No. LF042705-13 Approve 2005 Capital Plan for Streets, Drainage and MIP Projects. 

93.             No. LF042705-14 Approve Capital Improvements Program Cash Flow Analysis, 2005-2009. 

94.             No. LF042705-15 Approve Government Buildings Five Year Plan, 2005-2009. 

95.             No. LF042705-16 Approve Streets, Drainage and MIP Projects Five Year Plan, 2005-2009. 

96.             No. LF042705-17 Approve Parks & Recreation Projects Five Year Plan, 2005-2009. 

97.             No. LF042705-18 Approve the Sports Facility Partnership Funds grant awards as follows:  Black Hills Pony League, $16,206.14; Timberline Little League, $9,320; and the Church Softball League, $1,454.35; and recommend that the remaining $23,019.51 be carried forward to 2006 and used for future Sports Facility Partnership Fund projects. 

98.             No. LF042705-19 Approve budget Increase of $2,152.69 for Whitehead Field Improvements Project, funding to come from CIP/Parks & Recreation Contingency Fund. 

99.             No. LF042705-20 Authorize Mayor and Finance Officer to sign Standard Trapeze Software License and Maintenance Agreement (Transit). 

100.         No. LF042705-25 Acknowledge the Presentation of Public Works/Engineering Division Streamline Proposal. 

101.         Approve contract with Roy E. Boschee for costs and services to design the drainage repair on Enchantment Road City Project DR04-1427 in an amount not to exceed $1,560. 

102.         No. LF042705-26 Authorize Mayor and Finance Officer to sign Memorandum of Understanding between City of Rapid City, Timberline Little League, and Rapid City Church Softball League regarding use and maintenance of restroom/picnic shelter facility. 

103.         No. LF042705-21 Approve request from Sheila Fisher, d/b/a Fishers Ice Cream, for ice cream vending license for 2005. 

104.         No. LF042705-27 Authorize Mayor and Finance Officer to sign Contract for Private Development Tax Increment District Number Fifty between Founders Park LLC and the City of Rapid City. 

105.         Approve the following licenses:  Sewer and Water Contractor:  Chuck Ferguson, Ferguson Construction; Mitch Morris, BH Excavating Co., Inc.; Sewer and Water Journeyman:  Richard J. Albers; Plumbing Apprentice:  Christopher Alumbaugh, Doug Beisner, Aaron A Brown, Kirk Crosse, Larry J Haney, Shannon Hayes, James M Haynes, Rick Reed, Jeffrey Stickler, Ronald K Turnbaugh, Ryan Vermeulen; Plumbing Contractor:  Jon Anderson, Plumbing Plus; Brad Bilka, Pine Tree Plumbing Inc.; Dennis Brown, DB Plumbing; Mike Busetti, Black Hills Plumbing; Tim Callahan, Callahan Plumbing & Heating; Todd Chase, American Plumbing Service; Gerald G Cook, Accurate Plumbing & Heating; John K Drewitz, JKD Plumbing; Chad Erlenbusch, Always Plumbing; Douglas W Ficken, D & T Professional Plumbing Co. Inc.; Joseph Fischbach, Fischbach Plumbing & Heating; Jason Franke, Day & Night Plumbing; Thomas Hagemann, Action Mechanical; Carol M Hallock, Town-N-Country Plumbing; Scott C Hartman, Wolff’s Plumbing & Heating; Rod Holmes, Holmes Plumbing Inc.; Robert Kenzy, Kenzy Plumbing; Kim A Kerns, Metro Plumbing Inc.; Kelly Klein, Hills Plumbing & Heating; Dwight Kuntz, Action Mechanical; Wayne Piebenga, Wyo-Dak Plumbing & Heating; Gary Pleinis, Pleinis Plumbing; Tom Schultz, C & S Plumbing; John D Shook, Action Mechanical; Scott R Smith, Aqua Plumbing & Heating; Myron Tatum, Action Mechanical; Curt Wieman, Wieman Plumbing; Plumber:  Bradley E Anderson, Daryl Aston, Robert Bandy, Eric Blackwell, Gayle Christianson, Rick DeHaven, Michael Delaney, William P Ficken, Roger Friedrichsen, Roger L Goehner, Hilmen O Hanson, Daniel I Hartman, Gregory A Hartman, Jesse Herndon, Roger Johnson, Nick Kraft, Rodney  V Lagasse, Cory Larson, Richard A Magnuson, Jef Mattern, Michael J Ogren, Scott W Piebenga, Douglas D Ries, Lloyd James Roscamp, Travis L Sales, Tim Scholl, Don Sheffield, John F Shorter, Eric Shuman, Jim Shuman, Rick A Sidle, Leonard Roy Smith, Brian D Swenson, Brian J Ulmer, Timothy Lee Van Buren, Shoun Vanderpol, Shoun VanDerPol, Leo F Volin; Water Softening Contractor:  Paul Champion, Champion Water Systems Inc.; Residential Contractor:  Douglas P Jennings Jr., Jennings Construction; Mechanical Apprentice:  Jesse Lewton; Mechanical Installer:  Randy Palmer and Jeremiah Reede; Electrical Apprentice:  Joshua Poitra, Joshua Blais, Erin L Hill, Justin Wood, David Schlabach; Electrical Journeyman:  Charles Gottschalk, Brain Steffen; Trenching Contractor's License:  Robert "Scott" Raczyski - AAA Plumbing. 

Growth Management Department Consent Items

106.         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.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

Special Malt Beverage and Wine License

107.         South Dakota Republican Party for a Special Malt Beverage and Wine License to be used on May 5, 2005 at Prairie Edge, 606 Main Street

Set for Hearing (May 16, 2005)

Package (Off-Sale) Malt Beverage License Transfer

108.         Stanley Kline dba Hall Inn, 214 East St. Joseph Street for a Package (Off-Sale) Malt Beverage License Transfer from H & B, Inc. dba Hall Inn

Retail (On-Off Sale) Malt Beverage License with Video Lottery Transfer

109.         Stanley Kline dba Hall Inn, 214 East St. Joseph Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery Transfer from H & B, Inc. dba Hall Inn

Package (Off-Sale) Malt Beverage License

110.         Robert L. Stiehl dba Circle S Market No. 2, 310 Fairmont Boulevard for a Package (Off-Sale) Malt Beverage License

111.         I-90 Amoco, Inc. dba I-90 Standard, 2213 N. LaCrosse Street for a Package (Off-Sale) Malt Beverage License

112.         Kusler’s Conoco, Inc.dba Kusler’s Conoco, 701 E. St. Patrick Street for a Package (Off-Sale) Malt Beverage License

113.         James Barry Stoick dba Stoick’s of Rapid City, 2303 Jackson Boulevard for a Package (Off-Sale) Malt Beverage License

Retail (On-Off Sale) Malt Beverage License with Video Lottery

114.         Carolyn’s Casino, Inc. dba Carolyn’s Casino, 512 West Boulevard for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

115.         Continental Leisure, Inc. dba Carousel Casino, 2050 West Main Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

116.         Cimarron Casino, Inc. dba Chicago Street Casino, 3609 Sturgis Road for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

117.         Cimarron Casino, Inc. dba Eastside Plaza Casino, 1000 Cambell Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

118.         Ken-Ben, Inc. dba Eighth Street Lounge, 2201 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

119.         H&B, Inc. dba Hall Inn, 214 E. St. Joe Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

120.         M&B Investments, Inc. dba The Hideaway, 1575 LaCrosse Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

121.         Wyngard Pot-O-Gold Casino, Inc. dba Jackson Boulevard Casino, 2020 Jackson Boulevard for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

122.         Wal-East Development dba Jackpot Casino, 685 LaCrosse Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

123.         Wal-East Development dba Jackpot Casino Too, 1415 N. LaCrosse Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

124.         ZBT, Inc. dba Jackpot Casino East, 2708 E. Highway 44 for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

125.         CHAS, Inc. dba Jackpot Casino West, 2144 Jackson Boulevard for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

126.         SARF, Inc. dba Joker’s Casino South, 1320 Mt. Rushmore Road for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

127.         ZBT, Inc. dba Joker’s Casino North, 608 ½ E. North Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

128.         Cimarron Casino, Inc. dba Main Street Gap Casino, 1727 West Main Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

129.         Thomas McCarty dba The Marble Club, 2315 ½ Mt. Rushmore for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

130.         Entertainment, Inc. dba Nu Robbinsdale Casino, 803 E. St. Patrick Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

131.         WynGard Investment Partners dba Pot-O-Gold Casino, 1300 Centre Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

132.         CCKT, Inc. dba Queen of Hearts Casino, 316 East Boulevard for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

133.         Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

134.         Robbinsdale Rec Center, Inc. dba Robbinsdale Rec Center, 805 E. St. Patrick Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

135.         Lybek’s 21st Century, Inc. dba Shenanigan’s Casino, 3788 E. Highway 44 for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

136.         Kittens, Inc. dba Uncle Sam’s East, 1122 E. North Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

137.         Uncle Sam’s, Inc. dba Uncle Sam’s Eatery & Casino, 2110 Jackson Boulevard for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

138.         Jumble, Inc. dba Uncle Sam’s West, 2730 West Main Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

139.         Peaceful Pines Casino, Inc. dba West Main Square Casino, 3205 West Main Street for a Retail (On-Off Sale) Malt Beverage License with Video Lottery

Retail (On-Off Sale) Malt Beverage License WITHOUT Video Lottery

140.         Qiu Xian Zheng dba China Buffet, 740 Mt. View Road for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

141.         Li Zhu Zhu dba Hong Kong Buffet, 927 E. North Street for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

142.         Tom Lehmann dba Uncle Tom’s Rib Shack, 208 E. North Street for a Retail (On-Off Sale) Malt Beverage License without Video Lottery

ITEMS FROM THE MAYOR

143.         2012 Report

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

144.         No. CC050205-01 Landfill Task Force Update, Alderman Kooiker

FINANCE OFFICER’S ITEMS

BID AWARDS

145.         No. CC041805-01 Bid Award of Sludge Polymer for Water Reclamation Facility (bid opened April 18, 2005)

146.         No. CC050205-02 Used Tanker Truck for the Solid Waste Division (bid opened April 18, 2005)

147.         No. CC050205-02 Solid Waste Roll-Off Truck for the Solid Waste Division (bid opened April 18, 2005)

148.         No. CC050205-02 Hot Mixed Asphaltic Concrete and Asphalt Maintenance Mixtures for various City Departments (bid opened April 18, 2005)

149.         No. CC050205-02 Regenerative Air Sweeper for the Streets Division (bid opened April 25, 2005)

150.         No. CC050205-02 Tallent Street Reconstruction Project No. ST04-1263 / CIP No. 50358 (bid opened April 21, 2005)

151.         No. CC050205-02 2005 Street Painting Contract Project No. PM05-1475 / CIP No. 50594 (bid opened April 21, 2005)

152.         No. CC050205-02 West Chicago Street Reconstruction - 44th Street to Seeaire Street Project No. ST02-1071 / CIP No. 50135 (bid opened April 27, 2005)

153.         No. CC050205-02 East Idaho and Maple Street Water Main Reconstruction Project No. W05-1467 / CIP No. 50591 (bid opened April 27, 2005)

CIP COMMITTEE ITEMS

APPROVAL OF BILLS

154.         No. CC050205-03 Approve May 2, 2005 Bill List

POLICE DEPARTMENT ITEMS

PUBLIC WORKS DIRECTOR’S ITEMS

DEVELOPMENT APPEALS AND REVIEW BOARD

155.         Recommendation regarding Lamplighter Inn

CITY ATTORNEY’S ITEMS

RAFFLES

156.         Acknowledge request of the Easter Seals South Dakota to conduct an Annual Harley-Davidson Raffle during May through August, 2005.

ADJOURN