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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

August 15, 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 August 1, 2005 and Budget Review Session of August 8, 2005

ADOPTION OF THE AGENDA

AWARDS AND RECOGNITIONS

1.                  Veteran of the Month for August, 2005

2.                  Employee Awards

GENERAL PUBLIC COMMENT

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

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

PUBLIC HEARINGS

3.                  No. PW071205-07 Resolution of Necessity for Sixth Street and Hillcrest Drive Water Main Extension Project No. W05-1521 (Recommendation is to Table because of a revised Resolution of Necessity)

4.                  No. PW071205-09 Assessment Roll for Block 13 Alley Paving (West Boulevard Addition) Project No. ST04-1420

5.                  No. 05CA019 - A request by Marty Jacob for MBJ Company, Inc. for a 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.

6.                  No. 05CA027 - A request by Dream Design International, Inc. for an Amendment to the Comprehensive Plan to revise the Major Street Plan on all of Section 21 and the SW1/4 of Section 22, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the east and west sides of Old Folsom Road and South of existing Jolly Lane.

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 Wildwood Drive as it abuts Lot 13R and Lot 14R, Block 3, Wildwood Subdivision, located in the W1/2 SE1/4, E1/2 SW1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota. (05SV046)

8.                  No. 05SV046 - A request by Peter Hendricksen for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidwalk, street light conduit, sewer and water on Wildwood Drive as per Chapter 16.16 of the Rapid City Municipal Code on Lot 13AR and Lot 14AR, Block 3, Wildwood Subdivision, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13R and Lot 14R, Block 3, Wildwood Subdivision, located in the W1/2 SE1/4, E1/2 SW1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5775 and 5827 Wildwood Drive.

9.                  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, sewer and pavement along Reservoir Road as they abut Lot A, Tract 1, Paul Subdivision; Lot W located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota. (05SV047)

10.             No. 05SV050 - A request by CETEC Engineering Services, Inc. for Bruce Kulpaca for a Variance to the Subdivision Regulations to allow a lot twice as long as it is wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 8, 9, 10, 11 and 12 of Block 1, Park Hill Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract B, Park Hill Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the east side of Merlot Drive and north of East Oakland Street.

11.             No. 05SV051 - A request by Sperlich Consutling, Inc. for Gordon Howie for a Variance to the Subdivision Regulations to waive the requirement to install street light conduit and to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 9 through 24, Block 18; Lots 7 through 11, Block 19; Lots 8 through 14, Block 20; and Lots 16 and 17, Block 24; Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T, Trailwood Village Subdivision, located in the N1/2 SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located adjacent to the northeast and southwest sides of Savannah Street.

LEGAL & FINANCE COMMITTEE ITEMS

12.             No. LF081005-04 Request to Revise Policy Provisions for Upstream of Chapel Lane Road Bridge. 

13.             No. LF081005-11 Report on Archiving Audio Recordings for Public Works and Legal and Finance Committee Meetings. 

PUBLIC WORKS COMMITTEE ITEMS

14.             Blaine Avenue, 700 Block alley paving project and funding source for the total amount of $18,300

GROWTH MANAGEMENT DEPARTMENT ITEMS

ORDINANCES & RESOLUTIONS

15.             No. LF081005-10 First Reading, Ordinance No. 5084, an Ordinance Amendment Changing Penalty for Violating Title 10 of the Rapid City Municipal Code. 

16.             No. 05RZ048 First Reading, Ordinance No. 5085, a request by Qusi Al Haj for Tara Alyss LLC for a Rezoning from Low Density Residential District to General Commercial District on the West 5 feet of Block 28, Airport Subdivision, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northeast corner of Haines Avenue and Curtis Street.

17.             No. 05RZ049 First Reading, Ordinance No. 5086, a request by City of Rapid City for a Park Forest District to Office Commercial District on the Property described by metes and bounds beginning 1819.80 feet at a bearing S89º27’23”E from the SW corner of the NW1/4 of the SE1/4, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, this is the point of beginning. Thence travel 466.23 feet at a bearing N45º19’1”E, Thence travel 210.28 feet at a bearing N54º45’23”E, Thence travel 48.86 feet at a bearing S15º57’26”W, Thence travel 406.85 feet at a bearing S0º46’13”W, Thence travel 484.35 feet at a bearing N89º27’22”W to the point of beginning., located at the northeast corner of  the intersection of S.D. South Highway 16 and Tower Road.

18.             No. 05OA005 Second Reading, Ordinance No. 5076, Establishing the Canyon Lake Overlay Zoning District by Adding Chapter 17.60 to Title 17 of the Rapid City Municipal Code. 

19.             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.

SPECIAL ORDERS

MATTERS TO BE RECONSIDERED

CONTINUED ITEMS CONSENT CALENDAR – Items 20-55

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

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

Vote on Remaining Consent Items

Public Comment on First Item Removed from Consent Calendar

Council Discussion and Vote on Item

Continue the following items until September 6, 2005:

20.             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.

21.             No. 05CA032 - A request by Johnny Sundby for Hay Camp Co. for an Amendment to the Comprehensive Plan to change the future land use designation on an approximately .62 acre parcel from Residential to Office Commercial with a Planned Commercial Development on Lot 1 of Lot H, Revised, Harter Subdivision, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2532 Canyon Lake Drive.

22.             No. 05FV003 - A request by Jon Dicks for a Fence Height Exception to allow a six foot four inch high fence within the required 25 foot front yard setback on Lot A of Lot 14 and the south 20 feet of Lot C of Lot 14, Acre Tract, Section 33, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 430 South Canyon Road.

23.             No. 05PL048 - A request by Dream Design International for a Layout Plat on Lots 1-25, Black Hills Estates located in the  NE1/4 and SW1/4 NW1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 and SW1/4 NW1/4 Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Catron Boulevard and Fifth Street.

24.             No. 05PL072 - A request by Renner and Associates for Pete Lien and Sons for a Preliminary Plat on Lien Tract and  Lot AR, Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., legally described as Lot A, B, and C of Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., located at the old Dog Track on North Highway 79.

25.             No. 05PL117 - A request by Boschee Engineering for a Preliminary Plat on Lots 1A through 8A, Lots 1B through 8B, Block 5; Lots 1A through 4A, Lots 1B through 4B, Block 7, Stoney Creek Subdivision, dedicated streets located in the SW1/4 NW1/4 and the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 1A and 1B, Block 5, Stoney Creek Subdivision, dedicated streets located in the SW1/4 NW1/4 and the NW1/4 SW1/4, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the west side of Bendt Drive between Catron Boulevard and Winterset Drive.

26.             No. 05PL118 - A request by Sperlich Consulting for Gordon Howie for a Preliminary Plat on Lots 8A, 8B, 8C, 9A, 9B, 10A, 10B, Block 22, Trailwood Village, SE1/4 SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of tract T, Trailwood Village, located in the SE1/4 SE1/4, Section 10, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of the intersection of Long View Road and Reservoir Road.

27.             No. 05PL122 - A request by D.C. Scott Co. Land Surveyors for West River Electric for a Preliminary Plat on Lot AR, Tract 1, Paul Subdivision; Lot WR located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A, Tract 1, Paul Subdivision; Lot W located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at 3575 Reservoir Road and 3383 Reservoir Road.

28.             No. 05PL124 - A request by Sperlich Consulting for Triple Z Real Estate Development LLP for a Preliminary Plat on Lots 4 through 12, Block 11, Lots 1 through 4, Block 13, located in the NE1/4, SE1/4, Elks Country Estates, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 1, E1/2, Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the eastern terminus of LaCosta Drive.

29.             No. 05PL133 - A request by Sperlich Consutling, Inc. for Gordon Howie for a Preliminary Plat on Lots 9 through 24, Block 18; Lots 7 through 11, Block 19; Lots 8 through 14, Block 20; and Lots 16 and 17, Block 24; Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T, Trailwood Village Subdivision, located in the N1/2 SE1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located extending northwest from the current northern terminus of Savannah Street.

30.             No. 05PL134 - A request by Sperlich Consulting for Dean Kelly Construction for a Preliminary Plat on Lots 1 through 10, Block 1, Sewer Lot 1, Lots 2 through 16, Block 2; Reservoir Lot and well Lots 1 through 3, Sheridan Lake Highlands, located in the SW1/4 SW1/4, Section 35 and in the SE1/4 SE1/4, Section 34, all located in T1N, R6E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the SW1/4 SW1/4;  Less Lot H-1, S1/2 SW1/4, all located in Section 35; and the SE1/4 SE1/4, Section 34, less Lots 1 through 4, SE1/4 SE1/4;  all located in T1N, R6E, BHM, Pennington County, South Dakota, located at the northwest corner of Sawmill Road and Sheridan Lake Road.

31.             No. 05RZ038 - A request by City of Rapid City for 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"E 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”W, 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.

32.             No. 05RZ045 - A request by Johnny Sundby for Hay Camp Co. for a Rezoning from Medium Density Residential District to Office Commercial District on Lot 1 of Lot H, Revised, Harter Subdivision, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2532 Canyon Lake Drive.

33.             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.

34.             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 the 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; SW1/4 SE1/4 SE1/4, all located in Section 25, T2N, R6E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Sunridge Road.

35.             No. 05SV027 - A request by Renner & Associates for Pete Lien and Sons 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 the Lien Tract and  Lot AR, Keller Subdivision, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., legally described as Lot A, B, and C of Keller Subdivision, located in the S1/2 of SE1/4, Section 17, T2N, R7E, BHM, Pennington County, South Dakota., located at the old Dog Track on North Highway 79.

36.             No. 05SV045 - A request by Centerline for PLM Land Development, LLC for a Variance to the Subdivision Regulations to install curb, gutter, sidewalk, street light conduit, sewer, water and to reduce easement width from 49 feet to 26 feet and to allow a lot twice as long as wide as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 15, Block 1 and Lot 19, Block 2; Eastridge Estates Subdivision; Lots 1 through 15, Block 2, PLM Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the N1/2 NW1/4, Less Eastridge Estates Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the south side of Enchanted Pines Drive and the east and west sides of Luminosity Lane.

37.             No. 05SV047 - A request by D.C. Scott Co. Land Surveyors for West River Electric for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, sidewalk, street light conduit, sewer, water and additional pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot AR, Tract 1, Paul Subdivision; Lot WR located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot A, Tract 1, Paul Subdivision; Lot W located in the NE1/4 NE1/4, Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at 3383 and 3575 Reservoir Road.

38.             No. 05VE009 - A request by Thurston Design Group, LLC for Pennington County Housing & Redevelopment Commission to consider an application for a Vacation of Utility and Drainage Easement on Lot 7, Block 2, Sheridan Heights Subdivision, located in the NE1/4 SW1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2601 Castle Heights Place.

39.             No. 05VE010 - A request by Thurston Design Group, LLC for Pennington County Housing & Redevelopment Commission to consider an application for a Vacation of Utility and Drainage Easement on Lot 6, Block 2, Sheridan Heights Subdivision, located in the NE1/4 SW1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2601 Castle Heights Place.

40.             No. 05VE011 - A request by Thurston Design Group, LLC for Pennington County Housing & Redevelopment Commission to consider an application for a Vacation of Utility and Drainage Easement on Lot 19, Block 1, Sheridan Heights Subdivision, located in the NE1/4 SW1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2602 Minnetonka Drive.

41.             No. 05VE012 - A request by Thurston Design Group, LLC for Pennington County Housing & Redevelopment Commission to consider an application for a Vacation of Utility and Drainage Easement on Lot 15, Block 1, Sheridan Heights Subdivision, located in the NE1/4 SW1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2706 Minnetonka Drive.

42.             No. 05VE013 - A request by Thurston Design Group, LLC for Pennington County Housing & Redevelopment Commission to consider an application for a Vacation of Utility and Drainage Easement on Lot 14, Block 1, Sheridan Heights Subdivision, located in the NE1/4 SW1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2710 Minnetonka Drive.

43.             No. 05VE014 - A request by Thurston Design Group, LLC for Pennington County Housing & Redevelopment Commission to consider an application for a Vacation of Utility and Drainage Easement on Lot 7, Block 2, Sheridan Heights Subdivision, located in the NE1/4 SW1/4, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 2705 Queen Heights Court.

Continue the following items until September 19, 2005:

44.             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.

45.             No. 05PL090 - A request by Sperlich Consulting, Inc. for Doeck, L.L.C. for a Preliminary Plat on Lots 1 through 8 and Lots 24 through 61 of Block 1, and Lots 1 through 10 of Block 2, Brookfield Subdivision, located in the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to West Nike Road.

46.             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.

47.             No. 05SV033 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Variance to the Subdivision regulations to allow a lot twice as long as it is wide and to waive the requirement to install sidewalk and street light conduit along Cobalt Drive and to waive the requirement to install street light conduit on Adonia Lane, Wisteria Court and Three Rivers Drive as per Section 16.16 of the Rapid City Municipal Code on Lots 1 through 8 and Lots 24 through 61 of Block 1, and Lots 1 through 10 of Block 2, Brookfield Subdivision, located in the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NE1/4 of the SE1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to West Nike Road.

Continue the following items until October 3, 2005:

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

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

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

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

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

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

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

55.             No. 05PL129 - A request by Buescher Frankenberg Associates, Inc. for Wal-Mart Stores, Inc. for a Layout Plat on Lots 1 through 6, Wal-Mart Second Addition Subdivision, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 of the NW1/4, Section 35, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the west 1/16th corner of Sections 26 and 35, T1N, R7E, BHM, Thence S00º00’22”W, along the west 1/16th line of Section 35, a distance of 712.71 feet to the point of beginning; Thence, first course: S00º00’22”W, along the west 1/16th line of Section 35, a distance of 629.95 feet, to the northwest 1/16th corner of Section 35; Thence, second course: S00º00’00”W, along the west 1/16th line of Section 35, a distance of 563.43 feet; Thence, third course: N83º15’19”W, a distance of 627.59 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: N26º24’04”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 north 1/16th line of Section 35; Thence, tenth course: N06º40’09”E, along the easterly edge of said right-of-way, a distance of 753.66 feet; Thence, eleventh course: S83º15’19”E, a distance of 1134.04 feet, to the point of beginning.  Said parcel contains 1,501,498 square feet or 34.470 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.

End of Continued Items Consent Calendar

CONSENT CALENDAR ITEMS – 56-93

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

56.             No. PW072605-01 Direct applicant, LeMoyne Darnell with Landmark Stone to follow the normal process of sign review and approval through the Growth Management Department. 

57.             No. PW072605-02 Approve the Plum Creek oversize request by Centerline with the following stipulations: 1) Construction of a three-lane Minnesota Street Extension and agree to oversize costs for the extra embankment for a future five-lane street.  2) Pay the additional costs for the extension of the storm sewer pipe to accommodate a five-lane embankment.  3) Follow the normal “oversize policy” with respect to the sewer and water.  4) Pay additional costs on a ratio basis for other items such as mobilization, additional topsoil, seed, fertilizer and mulch, and the applicable taxes on items eligible for oversize.

58.             Refer ADA transition plan for curb cuts / sidewalks to the Capital Improvement Program Committee to work through the details and to provide a recommendation for funding.  )

59.             Acknowledge the report on the Saint Patrick Street road condition. 

60.             Refer the 100 Block of East Saint Charles Street road condition to the Capital Improvements Program Committee to be placed on the CIP Project Priority list.  

61.             No. PW042605-02 Direct staff to finalize the platting of the Owen Hibbard Subdivision property, and posting surety for improvements. 

62.             Identify a funding source to obtain an appraisal, and to list with a realtor to include the stipulation of guaranteeing the improvements as outlined by staff regarding the Owen Hibbard Subdivision property.

63.             No. PW080905-01 Approve Change Order No. 2 and Final for the North Elk Vale Sewer Main Extension Project No. SS03-1292 to Mainline Contractors, Inc. for a decrease of $19,009.41. 

64.             No. PW080905-02 Approve Change Order No. 1 and Final for the Sheridan Lake Road Panel Replacement Project No. STCM05-1385 to Tru-Form Construction, Inc. for an increase of $7,806.08. 

65.             No. PW080905-03 Authorize staff to Advertise for Bids for Well No. 12 - Stoney Creek Booster Project No. W03-953; CIP #50318. 

66.             No. PW080905-04 Authorize Mayor and Finance Officer to sign an Agreement with Simpson & Associates, Inc. to provide appraisal or other services concerning Farnwood / Rapp Street Re-alignment Project No. ST04-929; CIP #50286 for an amount not to exceed $4,000.00. 

67.             No. PW080905-05 Authorize Mayor and Finance Officer to sign a Joint Funding Agreement with U.S Geological Survey, United States Department of the Interior for Water Resources Investigations for an amount not to exceed $129,553.00 of which $104,000.00 is remaining to be paid in 2006. 

68.             No. PW080905-06 Authorize Mayor and Finance Officer to sign a Professional Services Agreement with TSP Three, Inc. for Engineering Services for the 43rd Court Water Main Reconstruction Project No. W05–1529; CIP #50606 for an amount not to exceed $9,965.00. 

69.             No. PW080905-07 Authorize Mayor and Finance Officer to sign a Lease Agreement with Diamond Bar Seven, LLC for the USGS Office Building from January 1, 2006 through September 30, 2006 for an amount of $86,249.97; and the City budget for the $96,347.93 to include a pro-rated portion of 2005 and 2006 taxes. 

70.             No. PW080905-08 Authorize Mayor and Finance Officer to sign an Agreement with Harold and Judy Bies and Lyle and Audry Petersen to reimburse the City in the amount of $26,195.50 for water line construction in the MJK Subdivision. 

71.             Acknowledge the Meade Street drainage ditch restoration project report. 

72.             No. PW080905-09 Authorize staff to proceed with negotiations with Dream Design International, Inc. for the design services for the construction of the Nugget Gulch road tie-in in Springbrook Acres. 

73.             No. PW080905-10 Approve an additional FTE and $31,000 to the unfunded 2006 budget request for the Rapid Transit System. 

74.             No. 05TP009 Approve the Final 2006-2010 Transportation Improvement Program. 

75.             No. 05VE015 Approve a Vacation of Non-Access Easement  for petitioner Loren Miles for 4 Miles Investment LLC on Lot 1, Block 2, Kensington Heights Subdivision, Section 18 T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 559 Field View Drive. 

76.             No. 05SE008 Approve an Exception to the 40 Unit Rule for not more than 48 dwelling units with one point of access in Lieu of 40 dwelling units as per the Street Design Criteria Manual for petitioner Sperlich Consulting for Kensington Heights LLC on Lots 9R and 10, Block 2, Lots 6 through 10, Block 3, Kensington Heights Subdivision; and temporary easement located in the E1/2 of the S1/2, Government Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 9, Block 2, Kensington Heights Subdivision, and a portion of the E1/2 of the S1/2, Government Lot 4, located in Government Lot 4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located adjacent to the north side and the south side of Dawn Drive.  

77.             No. 05PL116 Approve a Preliminary Plat for petitioner Centerline for PLM Land Development, LLC on Lots 5 through 15, Block 2, located in the NE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as E1/2 N1/2 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located northern terminus of Enchantment Road with corrected stipulations as outlined. 

Legal & Finance Committee Consent Items

78.             No. LF081005-01 Approve Travel Request for Mayor Shaw, Tom Johnson, Sam Kooiker, Malcom Chapman, and Ron Kroeger to attend National League of Cities Congress of Cities Conference in Charlotte, NC, December 5-11, 2005, in the approximate amount of $11,195. 

79.             No. LF081005-02 Approve Travel Request for Captain Mike Maltaverne to attend ARFF Working Group Conference in Dallas, TX November 5-10, 2005, in the approximate amount of $1755. 

80.             No. LF081005-03 Approve Event Permit for Central States Fair to hold a parade on August 20, 2005. 

81.             No. LF081005-05 Authorize Mayor and Finance Officer to sign an annual renewal Contract with Johnson Controls for the Energy Plant (3% Increase from $13,905 to $14,322). 

82.             No. LF081005-06 Authorize Mayor and Finance Officer to sign an annual renewal Contract with Johnson Controls for the Milo Barber Center (3% Increase from $4,655 to $4,795). 

83.             No. LF081005-07 Approve Travel Request for Dion Lowe, Dave VanCleave, John Wagner, Ron Back, Chuck Larson, Chip Petrik, Stacey Titus and Ron Barber to attend the South Dakota Water and Wastewater Association 2005 Annual Conference in Brookings, SD September 13-16th for an approximate amount of $2478.

84.             Approve a Travel Request for Jerry Wright to attend SWANA Conference in Austin, TX, September 26-30, 2005 to accept an award for the City of Rapid City for an approximate amount of $1,750.00

85.             No. LF081005-08 Approve a Raffle Request from Ellsworth Officers Spouses Club (EOSC) to hold a raffle September 24, 2005 through October 29, 2005. 

86.             No. LF081005-09 Approve a Developers Agreement with Park Meadows LLC for Tax Increment District #52. 

87.             Approve the following licenses: Trenching Journeyman: Brad Thomson; Security Business: Marshall Security, Marshall T Burnette; Mechanical Apprentice: Greg Gasper and Timothy J Simon; Electrical Apprentice: Daniel E Runestad, Mike Wolf, James Landers, Tyrel Sabo, William H Mische, and Jon Budt; Electrical Master: David Taylor and Les Thayer; Plumbing Contractor: Darrell O Barry, Darrell’s Plumbing & Heating; Sewer and Water Contractor License: Cody Schad, Schad Construction, Inc.

Growth Management Department Consent Items

88.             No. 05PL086 - A request by Centerline for PLM Land Development, LLC for a Preliminary Plat on Lots 1 through 20 located in NE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 NW1/4, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Catron Boulevard and Fifth Street.

89.             No. 05PL113 - A request by Dream Design International, Inc. for a Layout Plat on the E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as E1/2 NE1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 4511 Jolly Lane.

90.             No. 05PL120 - A request by Peter Hendricksen for a Preliminary Plat on Lot 13AR and Lot 14AR, Block 3, Wildwood Subdivision, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 13R and Lot 14R, Block 3, Wildwood Subdivision, located in the W1/2 SE1/4, E1/2 SW1/4, Section 21, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 5775 and 5827 Wildwood Drive.

91.             No. 05PL127 - A request by Phil Olsen for Heartland Development Group for a Preliminary Plat on Lots 1, 8, 9, 10 and drainage Lot 11, Block 1; Lots 1 through 6, Block 2, Lot 2; Block 3 and dedicated public Right-of-Way located in the NE1/4 NE1/4, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as that portion of Lot D located in the NE1/4 NE1/4, less Northstar Subdivision and less the Right-of-Way, Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of the Seger Drive and Dyess Avenue intersection.

92.             No. 05PL130 - A request by Alliance of Architects for Leon Brodie for a Layout Plat on Lots 1 through 12, Well Lot and dedicated Baron Street Right-of-Way, Kostelecky Subdivision, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 6, Tract A, Knight's Acres Subdivision, located in the N1/2 SE1/4 NE1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located at 3725 Anderson Road.

93.             No. 05PL131 - A request by Kadrmas, Lee and Jackson for Edgewood Estates for a Preliminary Plat on Lot 1, Block 1, Edgewood Estates Addition, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a Tract of  land lying In the SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, described more particularly as follows: Commencing at the southeast corner of Lot 1, Block 5, of the Plat Of Auburn Hills Subdivision; Thence S0 10’40”W for 3.16 feet; Thence along a curve to the right with a delta angle of 45 00'00", a radius of 174.00 Feet and an Arc length of 121.57 feet; Thence S40 12’27”W for 115.26 feet to the Point of Beginning; Thence from said point of beginning S40 12'27"W for 22.69 feet; Thence along a curve to the left with a delta angle of 40 01'24", a radius of 226.00 feet and an Arc length of 157.87 Feet; Thence S00 11'02"W for 301.03 feet; Thence S89 57'18"W for 478.00 feet; Thence N00 11'33"E for 525.82 feet; Thence N90 00'00"E for 400.98 feet; Thence long a curve to the right with a delta angle of 40 12'27", a radius of 194.00 feet and an arc length of 136.14 feet; Thence S49 47'33"E For 25.06 feet to the said point of beginning.  Said Tract contains 256,040 square feet or 5.878 acres, located at the southern terminus of Chalkstone Drive.

END OF CONSENT CALENDAR

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

Package (Off-Sale) Liquor License

94.             Hogg Restaurant Service dba HRS Food Service, 2501 West Chicago Street for a Package (Off-Sale) Liquor License

Special Beer and Wine License

95.             Rapid City Arts Council, Inc. dba Dahl Arts Center, 713 7th Street for a Special Beer and Wine License for an event scheduled August 20, 2005

96.             Rapid City Arts Council, Inc. dba Dahl Arts Center, 713 7th Street for a Special Beer and Wine License for an event scheduled September 8, 2005

97.             Rapid City Arts Council, Inc. dba Dahl Arts Center, 713 7th Street for a Special Beer and Wine License for an event scheduled October 13, 2005

Set for Hearing (None)

ITEMS FROM THE MAYOR

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

98.             Request Public Works Staff Review Impacts of Southeast Connector Construction on City Sewer Facilities with the South Dakota Department of Transportation, Aldermen Hadcock, Kooiker 

99.             No. CC081505-03 Resolution concerning Dahl Expansion, Aldermen Olson, Hurlbut 

FINANCE OFFICER’S ITEMS 

BID AWARDS

100.         No. CC081505-01 Gas Chromatograph Mass Spectrometer for Rapid City Police Evidence Section 05-01 (opened August 1, 2005) 

101.         No. CC081505-01 Block 8 Alley Paving, West Boulevard Addition Project No. ST03-1330 / CIP No. 50595 (opened August 10, 2005) 

102.         No. CC081505-01 Flannery Property Drainage Improvements, Fairgrounds East Drainage Project No. DR04-1389 / CIP No. 50544 (opened August 10, 2005) 

CIP COMMITTEE ITEMS 

APPROVAL OF BILLS

103.         No. CC081505-02 Bill List for August 15, 2005 

PARKS & RECREATION DEPARTMENT ITEMS 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR’S ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD 

CITY ATTORNEY’S ITEMS

104.         Executive Session 

ADDENDUM

PUBLIC HEARINGS

11.A.         No. 05VR008 - A request by Sperlich Consulting for Doeck LLC for a Vacation of Section Line Highway on SE1/4, NE1/4, NE1/4 SE1/4, N1/2 SE1/4 SE1/4, all in Section 14, T2N, R7E, BHM, Pennington County, South Dakota and the SW1/4 NW1/4, NW1/4 SW1/4, N1/2 SW1/4 SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western terminus of Cobalt Drive.

CONTINUED ITEMS CONSENT CALENDAR

Continue the following items until September 6, 2005:

43.A.         No. 05CA023 - A request by City of Rapid City for Tracy Parris for an Amendment to the Comprehensive Plan to change the land use designation on a .05 acre parcel from Flood to Park Forest 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"E 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”W, 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.

43.B.         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 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.

43.C.         No. 05PL100 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 1 through 13, Block 11; Lots 1, Block 12; Lots 3 through 8 Block 7; Lots 3 through 9, Block 6; Lots 10 through 19, Block 5,  Section 28, T1N, R7E, and  Section 29, T1N, R7E, Red Rock Subdivision, BHM, Rapid City, Pennington County, South Dakota, legally described as the NE1/4 NE1/4 and the SE1/4 NE1/4, Section 28, T1N, R7E, and the NW1/4 NW1/4 and the SW1/4 NW1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north and west of the northern terminus of Dunsmore Road.

43.D.         No. 05PL123 - A request by Kadrmas for Pine Crest Village Ltd. Ptnshp. for a Preliminary Plat on Lot 2, Block 1, Pine Crest Village Addition located in the SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a tract of land lying in the SW1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, described more particularly as follows: commencing at the southeast corner of Lot 12, Block 6, of the plat of Lots 1 and 2 of Block 5, and Lot 12 of Block 6, Auburn Hills Subdivision; thence from said corner of S00º06’59”W for 100.20 feet to the point of beginning; thence from said point of beginning S86º46’09”E for 310.31 feet; thence S00º11’06”W for 285.66 feet; thence S89º53’47”W for 310.03 feet; thence N00º12’53”E for 303.71 feet to the point of beginning, said tract contains 2.097 acres, and, a tract of land lying in the SW1/4, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows: commencing at the southeast corner of Lot 12, Block 6, of the plat of Lots 1 and 2 of Block 5, and Lot 12 of Block 6, Auburn Hills Subdivision which is the point of beginning; thence from said point of beginning S00º06’59”W for 100.20 feet; thence S00º12’53”W for 303.71 feet; thence S00º17’45”W for 263.17 feet; thence S89º57’16”W for 311.95 feet; thence N00º11’03”E for 300.82 feet; thence along a curve to the right with a delta angle of 40º01’24”, a radius of 174.00 feet and an arc length of 121.55 feet; thence N 40º12’27”E for 137.94 feet; thence along a curve to the left with a delta angle of 40º01’48”, a radius of 226.00 feet and an arc length of 157.90 feet; thence N00º10’4”E for 3.16 feet; thence N89º41’05”E for 130.11 feet to the point of beginning, said tract contains 3.975 acres, located at the southern terminus of Chalkstone Drive.

43.E.         No. 05PL135 - A request by Dream Design International for a Preliminary Plat on Lots 1 through 6, Block 19; Lots 1 through 6, Block 20; Lots 1 through 39, Block 21; Lots 1 through 8, Block 22  and dedicated public right-of-way, located in the NE1/4 SE1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a parcel of land located in the NE1/4 N1/2 SE1/4, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northwest corner of Muirfield Drive and Dunsmore Road.

43.F.         No. 05RZ046 - A request by Centerline, Inc. for PLM Land Development, LLC for a Rezoning from General Agriculture District to Low Density Residential District on Lots 1 through 15, Block 1; and Lot 19, Block 2, Eastridge Estates Subdivision; Lots 1 through 15, Block 2, PLM Subdivision, Section 24, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as commencing from the Point of Beginning, the North Quarter Corner of Section 24, T1N, R7E a rebar with cap marked “Davis #3095”, thence S00º05’52”W - 623.22’ to a point, thence N89º31’32”W - 68.00’ to a point, thence S00º04’11”W - 6.78’ to a point, thence S39º31’16”W - 15.73’ to a point, thence S00 02’20”W - 52.00’ to a point, thence S32º11’27”E - 18.62’ to a point, thence S00º02’20”W - 107.70’ to the northeast corner of Lot 18B in Block 2 of Eastridge Estates, a rebar with cap marked “RLS 3977”, thence N89º58’01”W - 100.04’ to a rebar with cap marked “RLS 3977”, thence S00º02’20”W - 298.38’ to a rebar with cap marked “RLS 3977”, thence S03 33’57”W - 19.48’ to a rebar with cap marked “RLS 3977“, thence S13º29’25”W - 37.14’ to a rebar with cap marked “RLS 3977”, thence S26º43’09”W - 37.18’ to a rebar with cap marked “RLS 3977”, thence S39º53’41”W - 37.21’ to a rebar with cap marked “RLS 3977”, thence S50º26’32”W - 22.38’ to a rebar with cap marked “RLS 3977”, thence S54º24’38”W - 133.93’ to a rebar with cap marked “RLS 3977”, thence N35º35’14”W - 98.48’ to a rebar with cap marked “RLS 3977”, thence N44º27’27”W - 245.69’ to a rebar with cap marked “RLS 3977”, thence N79º44’48”W - 240.37’ to a rebar with cap marked “RLS 3977”, thence N16º51’47”E - 1075.77’ to a point, thence S89º40’08”E - 500.00’ to the Point of Beginning. Said parcel containing 16.24 acres more or less., located adjacent to the south side of Enchanted Pines Drive and the east and west sides of Luminosity Lane.

43.G.         No. 05SV049 - A request by Alliance of Architects for Leon Brodie for a Variance to the Subdivision Regulations to allow a lot twice as long as it is wide and to waive the requirement to install gutter, street light conduit, sidewalk on both sides of the street, sewer, water and reduce pavement width along Baron Street as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 12, Well Lot and dedicated Baron Street Right-of-Way, Kostelecky Subdivision, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, legally described as Lot 6, Tract A, Knight's Acres Subdivision, located in the N1/2 SE1/4 NE1/4, Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located at 3725 Anderson Road.

43.H.         No. 05SV052 - A request by Sperlich Consulting for Dean Kelly Construction for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter, street light conduit, sidewalk, sewer and water along Sheridan Lake Road; to install curb, gutter, street light conduit, sidewalk, water and sewer along the internal streets; and to install curb, gutter, street light conduit, sidewalk, sewer, water and pavement and to allow platting half a right-of-way along Sawmill Road as per Chapter 16.16 of the Rapid City Municipal Code on Lots 1 through 10, Block 1, Sewer Lot 1, Lots 2 through 16, Block 2; Reservoir Lot and well Lots 1 through 3, Sheridan Lake Highlands, located in the SW1/4 SW1/4, Section 35 and in the SE1/4 SE1/4, Section 34, all located in T1N, R6E, BHM, Pennington County, South Dakota, legally described as a parcel of land located in the SW1/4 SW1/4;  Less Lot H-1, S1/2 SW1/4, all located in Section 35; and the SE1/4 SE1/4, Section 34, less Lots 1 through 4, SE1/4 SE1/4; all located in T1N, R6E, BHM, Pennington County, South Dakota, located at the northwest corner of Sawmill Road and Sheridan Lake Road.

CONSENT CALENDAR ITEMS

93.A.         No. 05PL132 - A request by Cetec Engineering Services, for Bruce Kulpaca for a Preliminary Plat on Lots 8, 9, 10, 11 and 12 of Block 1, Park Hill Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract B, Park Hill Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located adjacent to the east side of Merlot Drive and north of East Oakland Street.

POLICE DEPARTMENT ITEMS

103.A.       Appeal of security license denial by Merlin Guthmiller

ADJOURN