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

June 21, 2004 - 7:00 P.M.

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

ROLL CALL AND DETERMINATION OF QUORUM  

INVOCATION  

PLEDGE OF ALLEGIANCE  

APPROVAL OF MINUTES of June 7, 2004 and Special Council June 7, 2004  

ADOPTION OF THE AGENDA 

AWARDS AND RECOGNITIONS 

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. 

1.                  Rapid City Economic Development, Bob DeMersseman 

BID OPENINGS

2.                  No. CC062104-01 Gasoline and Diesel Fuel for Various City Departments

3.                  No. CC062104-01 One (1) New Current Model Year Articulating Motor Grader with Wing Plow for Street Division

4.                  No. CC062104-01 One (1) New Current Model Year Storm Sewer Cleaning Combination Jet/Vacuum Machine for Street Division

5.                  No. CC062104-01 One (1) New Current Model Year 10’ Dump Truck for Street Division

6.                  No. CC062104-01 Two (2) New Current Model Year Sander Trucks with Plows for Street Division

7.                  No. CC062104-01 One (1) New Current Model Year 13’ Tandem Dump Truck With Slide-In Sander for Street Division

8.                  No. CC062104-01 College Park Irrigation Project No. PR04-1401 

ITEMS FROM THE MAYOR

9.                  Citizen of the Month 

10.             Veteran of the Month 

11.             Employee Awards 

ITEMS FROM COUNCIL MEMBERS/LIAISON REPORTS

12.             Committee rules and procedures, Aldermen Kooiker, Kriebel

13.             Farewell Remarks, Alderman Kriebel 

MOTIONS FOR DELIVERY OF ITEM FROM COMMITTEE

14.             No. LF061604-03 Introduction and First Reading of Ordinance No. 4073 Requiring Year End Campaign Finance Reporting for Mayor and Aldermen Candidates, Aldermen Kooiker, Kriebel, Hadley, Hanks 

CONTINUED ITEMS CONSENT CALENDAR – Items 15-34 

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 July 6, 2004: 

15.             No. 02PL116 - A request by Dream Design International, Inc. for a Final Plat on Lot 1, Block 1; Lots 1 thru 5, Block 2; Lots 1 and 2, Block 3; Lots 1 and 2, Block 4; Lots 1 thru 4, Block 5; Lot 1, Block 6 and dedicated Street, Big Sky Business Park, located in the SW1/4 SW1/4 and the S1/2 NW1/4 NW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as the unplatted portion of the W1/2 SW1/4 NW1/4 including private drive, less Lot H2 and less right-of-way; the unplatted portion of the E1/2 SW1/4 NW1/4; and the unplatted portion of the S1/2 GL3; S1/2 GL4 less Lot 1 and less Lot H3; SE1/4 NW1/4 less Big Sky Subdivision and less right-of-way; all located in Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of the intersection of Homestead Street and Elk  Road. 

16.             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. 

17.             No. 03PL051 - A request by Doug Sperlich for Jeff Stone for a Final Plat on Lots 1, 2 and 3 of Block 1 of Sunset Heights Subdivision, located in the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the SW1/4 of the SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current terminus of Broadmoor Drive. 

18.             No. 03PL052 - A request by Dream Design International, Inc. for a Final Plat on Lots 1-4, Block 1 and Outlot D; Lots 1-7, Block 2; Lots 1-3, Block 3, of Stoney Creek South Subdivision and Dedicated Bendt Drive and Major Drainage Easements located in the NW1/4 SW1/4 and the SW1/4 SW1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the unplatted balance of the S1/2 NW1/4 SW1/4 less Lots H1 and H2, Section 22, T1N, R7E; a portion of the unplatted balance of the N1/2 NW1/4 SW1/4 located south of Catron Boulevard, Section 22, T1N, R7E; a portion of the unplatted balance of the E1/2 SW1/4 less Stoney Creek Subdivision and less Lot H2, Section 22, T1N, R7E; and, a portion of the unplatted balance of the SW1/4 SW1/4 less Lot H1 and Lot P1, Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of Sheridan Lake Road and Catron Boulevard. 

19.             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. 

20.             No. 03PL088 - A request by Dream Design International, Inc. for Sally Broucek for a Final Plat on Lots 1 thru 10 of Block 1 and Lots 1 thru 19 of Block 2 of Stoneridge Subdivision located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the W1/2 of the S1/2 of Government Lot 4 located in the SW1/4 of the SW1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the end of Parkview Drive. 

21.             No. 03PL099 - A request by FMG, Inc. for Bill Freytag for a Final Plat on Lots 6 through 9 of Block 4 and Lot 21R of Block 1 and Lot 22R of Block 1, Tyler Knue Subdivision, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 21 and a portion of Lot 22 of Block 1 and a portion of Lot 22 of Block 1 and a portion of the unplatted balance of the NW1/4 NW1/4 all of Tyler Knue Subdivision and dedicated public right of way shown as Nicole Street, located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Nicole Street. 

22.             No. 04PL016 - A request by Renner & Associates for Barry Peterson for a Preliminary Plat on Lots A, B, and C of Lots 4R and 5R, Sale Barn Subdivision located in the SE1/4 NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 4R and 5R of Sale Barn Subdivision located in the SE1/4 NW1/4, Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of Kennel Drive along Centre Street. 

23.             No. 04PL023 - A request by Fisk Land Surveying & Consulting Engineers, Inc. for Dan O'Brien for a Preliminary Plat on Lots 1 through 16 inclusive and Drainage Lot A of Block 10 of Fairway Hills P.R.D. and dedicated right-of-way all located in the SW1/4 of Section 15, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as all of Lot 3, all of Lot DE1 of Lot 3A and a portion of Lot 3A of Fairway Hills P.R.D., and a portion of the unplatted portion of the NW1/4 SW1/4 of Section 15, T1N, R7E, BHM of Fairway Hills P.R.D. all located in the W1/4 of Section 15, T1N,R7E, BHM, Rapid City, Pennington County, South Dakota, located along Sheridan Lake Road, Heidiway Lane and Fairway Hills Drive. 

24.             No. 04PL044 - A request by Sperlich Consulting Inc. for Walgar Development for a Layout and Preliminary Plat on Lot 2 of Block 1, Minnesota Park Subdivision, located in the SW1/4 of the NE1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract B of Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Wisconsin Avenue and East Minnesota Street. 

25.             No. 04PL055 - A request by Sperlich Consulting Inc. for Gordon Howie for a Preliminary Plat on Lot 7R and Lot 8R, Holy Cow Ranch Subdivision, located in "Government" Lots 3 and 4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 7 and Lot 8, Holy Cow Ranch Subdivision, located in "Government" Lots 3 and 4, Section 19, T1N, R9E, BHM, Rapid City, Pennington County, South Dakota, located along Holy Cow Ranch Road. 

26.             No. 04PL059 - A request by Sperlich Consulting, Inc. for Doeck, LLC for a Preliminary Plat on Blocks 3 thru 7 of Block 5, Lots 1 thru 4 of Block 7, Auburn Hills Subdivision, and Major Drainage Easement in the NW1/4 of the SW1/4 of Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of the NW1/4 of the SW1/4 located in the NW1/4 of the SW/14, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Auburn Drive and Coal Bank Drive. 

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

28.             No. 04PL065 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for a Preliminary Plat on Lots 1 of South Gate Subdivision, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lot 1 SW1/4 NW1/4, Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of 5th Street along Sidewinder Boulevard. 

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

30.             No. 04SV026 - A request by Centerline, Inc. for Horizon Properties, Inc. for a Variance to the Subdivision Regulations to waive the requirement to install sewer as per Chapter 16.16 of the Rapid City Municipal Code on Tract 1 of Outlot B less Lots A-C of Merchen's First Addition Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 701 East St. Patrick Street. 

31.             No. 04SV031 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Co. 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 property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1878.59 feet at a bearing S89º27'22"E to a point; thence travel 59.93 feet at a bearing N00º32'38"E to the Point of Beginning; travel 213.89 feet at a bearing N34º24'28"W to a point on a curve; thence travel 38.11 feet along a 210.00 foot radius Concave Northwesterly curve with a chord bearing N39º36'25"W to a point; thence travel 166.06 feet at a bearing N44º48'23"W to a point on a curve; thence travel 333.97 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N05º32'55”E to a point; thence travel 219.73 feet at a bearing N55º19'07"E to a point; thence travel 267.59 feet at a bearing S34º35'20"E to a point; thence travel 300.18 feet at a bearing S45º00'00"W to a point; thence travel 303.00 feet at a bearing S34º24'28"E to a point; thence travel 108.34 feet at a bearing of S45º10'38”W the Point of Beginning; said parcel contains approximately 3.23 acres more or less, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

32.             No. 04SV032 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Co. 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 property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1819.43 feet at a bearing S89º27'22"E to a point to the Point of Beginning; travel 164.96 feet at a bearing N45º10'32"E to a point; thence travel 301.36 feet at a bearing N45º24'39"E to a point; thence travel 210.28 feet at a bearing N54º45'23"E to a point; thence travel 48.86 feet at a bearing S15º57'26"W to a point; thence travel 406.85 feet at a bearing S00º46'13"W to a point; thence travel 484.47 feet at a bearing N89º27'22"W to the Point of Beginning; and, commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; thence travel 1819.43 feet at a bearing S89º27'22"E to a point to the Point of Beginning; travel 484.47 feet at a bearing S89º27'22"E to a point; thence travel 121.99 feet at a bearing S00º46'13"W to a point; thence travel 282.52 feet at a bearing S75º51'59"W to a point on a curve; thence travel 420.51 feet along a 437.22 foot radius Concave Southwesterly curve with a chord bearing S65º50'38"W to a point; thence travel 27.01 feet at a bearing N54º20'05"W to a point on a curve; thence travel 173.71 feet along a 100.00 foot radius Convex Northwesterly curve with a chord bearing N04º34'14"W to a point; thence travel 273.99 feet at a bearing N45º10'32"E to the Point of Beginning; said parcel contains approximately 5.60 acres more or less, located west of the western terminus of Fairmont Boulevard and north of Tower Road. 

33.             No. 04VE010 - A request by Steven Thingelstad for Western Management Corporation for a Vacation of  Major Drainage Easement on Lot 2 of Block 2 of Parkridge Village Subdivision No. 2 located in the NW1/4 of the NE1/4 of Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Park Drive. 

34.             No. 04VE011 - A request by Mike Bartels for Alice Laselle for a Vacation of Utility Easement on Lot 3, Parker's Subdivision in the NW1/4, SW1/4, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 3963 East Highway 44. 

End of Continued Items Consent Calendar 

SPECIAL ORDERS 

MATTERS TO BE RECONSIDERED 

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS 

Hearings 

Off-Sale Malt Beverage License Renewal 

35.             Mini Mart, Inc. dba Mini Mart No. 451, 4260 Canyon Lake Drive, for an Off-Sale Malt Beverage License Renewal

36.             Mini Mart, Inc. dba Mini Mart No. 447, 1601 N. Haines Avenue, for an Off-Sale Malt Beverage License Renewal

37.             Mini Mart, Inc. dba Mini Mart No. 444, 1627 Mt. Rushmore Road, for an Off-Sale Malt Beverage License Renewal

38.             Mini Mart, Inc. dba Mini Mart No. 443, 3106 W. Main Street, for an Off-Sale Malt Beverage License Renewal

39.             Flannery Oil Company dba Corner Pantry-Deadwood Avenue, 501 Deadwood Avenue, for an Off-Sale Malt Beverage License Renewal

40.             Nash Finch Company dba Family Thrift Center No. 253, 1516 E. St. Patrick Street, for an Off-Sale Malt Beverage License Renewal

41.             Kusler Conoco, Inc. dba Kusler’s Conoco, 701 E. St. Patrick Street, for an Off-Sale Malt Beverage License Renewal

42.             ETS, Inc. dba Berry Patch Campground, 1860 E. North Street, for an Off-Sale Malt Beverage License Renewal

43.             Big D Oil Company dba Big D Oil Company Store No. 41, 1160 LaCrosse Street, for an Off-Sale Malt Beverage License Renewal

44.             Big D Oil Company dba Big D Oil Company Store No. 42, 850 North Street, for an Off-Sale Malt Beverage License Renewal

45.             Safeway Stores 46, Inc. dba Safeway Store No. 581, 2120 Mt. Rushmore Road, for an Off-Sale Malt Beverage License Renewal

46.             Moyle Petroleum Company dba Common Cents No. 107, 4128 Canyon Lake Drive, for an Off-Sale Malt Beverage License Renewal

47.             Moyle Petroleum Company dba North Street Smoke Shop, 634 E. North Street, for an Off-Sale Malt Beverage License Renewal

48.             Moyle Petroleum Company dba Common Cents Food Store, 1129 W. Omaha Street, for an Off-Sale Malt Beverage License Renewal

49.             Moyle Petroleum Company dba Common Cents Food Store, 2660 Mt. Rushmore Road, for an Off-Sale Malt Beverage License Renewal

50.             Moyle Petroleum Company dba Common Cents Food Store, 1909 LaCrosse Street, for an Off-Sale Malt Beverage License Renewal

51.             I-90 Amoco, Inc. dba I-90 Standard, 2213 N. LaCrosse Street, for an Off-Sale Malt Beverage License Renewal

52.             Dan’s Super Market, Inc. dba Dan’s Super Market, 333 Third Street, for an Off-Sale Malt Beverage License Renewal

53.             Burnell Lutz dba Gas Plus, 1903 N. Maple Avenue, for an Off-Sale Malt Beverage License Renewal

54.             Albertsons, Inc. dba Albertsons Food Center No. 845, 855 Omaha Street, for an Off-Sale Malt Beverage License Renewal

55.             Fat Boy’s, Inc. dba Firehouse Brewing Company, 610 Main Street, for an Off-Sale Malt Beverage License Renewal

56.             Robert L. Stiehl dba Circle S Convenient Market, 310 E. Fairmont Boulevard, for an Off-Sale Malt Beverage License Renewal

57.             B&L, Inc. dba Boyd’s Liquor Mart, 909 E. St. Patrick Street, for an Off-Sale Malt Beverage License Renewal

58.             B&L, Inc. dba Boyd’s Liquor Mart, 2001 W. Main Street, for an Off-Sale Malt Beverage License Renewal

59.             Wal-Mart Stores, Inc. dba Wal-Mart Super Center, 1200 N. LaCrosse Street, for an Off-Sale Malt Beverage License Renewal 

On-Off Sale Malt Beverage License Renewals – No Video Lottery 

60.             Great Wall, Inc. dba Great Wall Chinese Restaurant, 315 E. North Street, for an On-Off Sale Malt Beverage License Renewal

61.             Great Wall, Inc. dba Imperial Chinese Restaurant, 702 E. North Street, for an On-Off Sale Malt Beverage License Renewal

62.             Century Motels, Inc. dba Howard Johnson Express Inn & Suites, 950 North Street, for an On-Off Sale Malt Beverage License Renewal

63.             China Buffet Express, Inc. dba China Buffet, 740 Mountain View Road, for an On-Off Sale Malt Beverage License Renewal

64.             GF Pizza, Inc. dba Godfather’s Pizza, 110 Cambell Street, for an On-Off Sale Malt Beverage License Renewal

65.             Rapid City Softball Association dba Rapid City Softball Assoc., 1511 Sedivy Lane, for an On-Off Sale Malt Beverage License Renewal

66.             Dakota Fresh-Mex, LLC dba Qdoba Mexican Grill, 741 Mountain View Road, for an On-Off Sale Malt Beverage License Renewal

67.             Dos Ermonas dba LaCosta Mexican Restaurant, 603 Omaha Street, for an On-Off Sale Malt Beverage License Renewal

68.             Keith & Dorla Brink dba Carini’s Italian Food, 324 St. Joseph Street, for an On-Off Sale Malt Beverage License Renewal

69.             Black Hills Amateur Baseball, McKeague Field, Canyon Lake Drive, for an On-Off Sale Malt Beverage License Renewal

70.             Hot Wild LLC dba Black Hills Harley Davidson, 3030 Lange Ranch Road, for an On-Off Sale Malt Beverage License Renewal

71.             Northcott Company dba Perkins Restaurant, 1715 N. LaCrosse Street, for an On-Off Sale Malt Beverage License Renewal

72.             Northcott Company dba Perkins Restaurant, 2305 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

73.             S&Y, Inc. dba The Golden Phoenix, 2421 W. Main Street, for an On-Off Sale Malt Beverage License Renewal

74.             Ristorante Marsala, Inc. dba Ristorante Marsala, 609 Main Street, for an On-Off Sale Malt Beverage License Renewal

75.             Guang Huan Huang dba Hunan Chinese Restaurant, 1720 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

76.             Mai T. Goodsell dba Saigon Restaurant, 221 East North Street, for an On-Off Sale Malt Beverage License Renewal

77.             Piesano’s Pacchia, Inc. dba Piesano’s Pacchia, 3618 Canyon Lake Drive, Suite 121, for an On-Off Sale Malt Beverage License Renewal

78.             Waneta & Dick Ragels dba Executive Golf Course, 200 Twelfth Street, for an On-Off Sale Malt Beverage License Renewal

79.             Wine Cellar Restaurant LLC dba Wine Cellar Restaurant, 513 Sixth Street, for an On-Off Sale Malt Beverage License Transfer (from Wine Cellar 507 LLP)

80.             Wine Cellar Restaurant LLC dba Wine Cellar Restaurant, 513 Sixth Street, for an On-Off Sale Malt Beverage License Renewal

81.             Faryat, Inc. dba Botticelli’s Ristorante Italiano, 523 Main Street, for an On-Off Sale Malt Beverage License Renewal

82.             Mae Jean Adams dba The Corn Exchange, 727 Main Street, for an On-Off Sale Malt Beverage License Renewal

83.             Mary Jane Freimark dba The Embers, 5412 S. Highway 16, for an On-Off Sale Malt Beverage License Renewal

84.             Dan T. Ly dba The Golden Fortune, 1204 E. North Street, for an On-Off Sale Malt Beverage License Renewal

85.             Chrisbro, LLC dba The Hampton Inn, 1720 Rapp Street, for an On-Off Sale Malt Beverage License Renewal

86.             Li Zhu Zhu dba Hong Kong Buffet, 927 E. North Street, for an On-Off Sale Malt Beverage License Renewal

87.             The Museum Alliance of Rapid City dba The Journey Museum, 222 New York Street, for an On-Off Sale Malt Beverage License Renewal

88.             NPC International, Inc. dba Pizza Hut No. 2776, 2604 West Main Street, for an On-Off Sale Malt Beverage License Renewal

89.             NPC International, Inc. dba Pizza Hut No. 2778, 705 E. North Street, for an On-Off Sale Malt Beverage License Renewal

90.             Mann, Inc. dba Roadhouse Nightclub & Grill, 1900 N. Maple Avenue, for an On-Off Sale Malt Beverage License Renewal 

On/Off Sale Malt Beverage License Renewals 

91.             Dave & Linda Handley dba Hot Spot Casino, 420 E. St. Patrick Street, for an On-Off Sale Malt Beverage License Renewal

92.             Carolyn’s Casinos, Inc. dba Carolyn’s Casino, 512 West Boulevard, for an On-Off Sale Malt Beverage License Renewal

93.             Wyngard Pot-O-Gold Casino, Inc. dba Pot-O-Gold Casino, 1300 Centre Street, for an On-Off Sale Malt Beverage License Renewal

94.             Cimarron Casino, Inc. dba Main Street Gap Casino, 1727 West Main Street, for an On-Off Sale Malt Beverage License Renewal

95.             Cimarron Casino, Inc. dba Chicago Street Casino, 3609 Sturgis Road, for an On-Off Sale Malt Beverage License Renewal

96.             Cimarron Casino, Inc. dba Eastside Plaza Casino, 1000 Cambell Street, for an On-Off Sale Malt Beverage License Renewal

97.             Wyngard Pot-O-Gold Casino, Inc. dba Jackson Boulevard Casino, 2020 Jackson Boulevard, for an On-Off Sale Malt Beverage License Renewal

98.             Continental Leisure, Inc. dba Carousel Casino, 2050 West Main Street, for an On-Off Sale Malt Beverage License Renewal

99.             Black Hills Food Services, Inc. dba Fuddruckers, 2200 N. Maple Avenue, Space 330, for an On-Off Sale Malt Beverage License Transfer (location only)

100.         Black Hills Food Services, Inc. dba Fuddruckers, 2200 N. Maple Avenue, Space 330, for an On-Off Sale Malt Beverage License Renewal

101.         Rapid City Elks Lodge No. 1187, 3333 E. 39th Street, for an On-Off Sale Malt Beverage License Renewal

102.         Wal-East Development, Inc. dba Jackpot Casino, 685 LaCrosse Street, for an On-Off Sale Malt Beverage License Transfer (from Clock Tower Lounge)

103.         Wal-East Development, Inc. dba Jackpot Casino, 685 LaCrosse Street, for an On-Off Sale Malt Beverage License Renewal (inactive)

104.         Shooters, Inc. dba Shooters, 2424 West Main Street, for an On-Off Sale Malt Beverage License Renewal

105.         Poker Joe’s Inc. dba Poker Joe’s, 211 Cambell Street, for an On-Off Sale Malt Beverage License Renewal

106.         Blue Lantern Lounge, Inc. dba Nelson’s Casino, 2425 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal (inactive)

107.         Shotgun Willies, Inc. dba Shotgun Willies, 2808 W. Main Street, for an On-Off Sale Malt Beverage License Renewal

108.         Western Dakota Gaming, Inc. dba Valley Sports Casino, 1865 South Valley Drive, for an On-Off Sale Malt Beverage License Renewal

109.         South Dakota Vending, Inc. dba Happy Jacks – Cambell, 1601 Cambell Street, for an On-Off Sale Malt Beverage License Renewal

110.         South Dakota Vending, Inc. dba Happy Jacks – Downtown, 713 Omaha Street, for an On-Off Sale Malt Beverage License Renewal

111.         South Dakota Vending, Inc. dba Happy Jacks East, 909 E. St. Patrick Street, No. 20, for an On-Off Sale Malt Beverage License Renewal

112.         South Dakota Vending, Inc. dba Happy Jacks Far West, 1925 W. Main Street, Suite 2, for an On-Off Sale Malt Beverage License Renewal

113.         South Dakota Vending, Inc. dba Happy Jacks Too, 909 St. Patrick Street, for an On-Off Sale Malt Beverage License Renewal

114.         South Dakota Vending, Inc. dba Happy Jacks West, 1925 West Main Street, Suite 1, for an On-Off Sale Malt Beverage License Renewal

115.         Omaha Players Company dba Happy Jacks – Omaha, 1117 West Omaha Street, for an On-Off Sale Malt Beverage License Renewal

116.         Nifty Fifties, Inc. dba Parkway Restaurant, 312 East Boulevard North, for an On-Off Sale Malt Beverage License Renewal

117.         Fox Family Enterprises, Inc. dba Rodeway Inn, 2208 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

118.         Colonial House, Inc. dba Colonial House, 2501 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

119.         M&B Investments, Inc. dba Hideaway Casino, 1575 N. LaCrosse Street, Suite D, for an On-Off Sale Malt Beverage License Renewal

120.         D&S Time Square, Inc. dba Breakroom Casino, 355 Eleventh Street, for an On-Off Sale Malt Beverage License Renewal

121.         The Retired Enlisted Association dba Chapter 29, 905 E. North Street, for an On-Off Sale Malt Beverage License Renewal

122.         I-90 Fuel Services, Inc. dba Windmill Truck Stop, 2783 Deadwood Avenue, for an On-Off Sale Malt Beverage License Renewal

123.         I-90 Truck Haven Service, Inc. dba Windmill Restaurant, 2803 Deadwood Avenue, for an On-Off Sale Malt Beverage License Renewal

124.         Kelly’s Sports Lounge, Inc. dba Kelly’s Sports Lounge, 825 Jackson Boulevard, for an On-Off Sale Malt Beverage License Renewal

125.         Hotel Management Company, Inc. dba Hotel Alex Johnson, 523 Sixth Street, for an On-Off Sale Malt Beverage License Renewal (inactive)

126.         Angie’s, Inc. dba Angie’s, 1028 E. North Street, for an On-Off Sale Malt Beverage License Renewal

127.         Red Rock Golf Club, LLC dba Red Rock Golf Club, 6520 Birkdale Drive, for an On-Off Sale Malt Beverage License Renewal 

On-Sale Wine License 

128.         Black Hills Food Services, Inc. dba Fuddruckers, 2200 N. Maple Avenue, for an On-Sale Wine License (New License – No Video Lottery) 

Special Malt Beverage and Wine Licenses 

129.         Pennington County Bar Association, for a Special Malt Beverage and Wine License to be used on July 13, 2004 at Prairie Edge, 606 Main Street 

Set for Hearing (July 6, 2004) – Special Malt Beverage & Wine License 

130.         Children’s Care Rehab & Dev Center, for a Special Malt Beverage and Wine License, to be used on August 11, 2004 at Legend Air Suspension 1820 Samco Road. 

Consent Calendar Items – 131-163 

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 (July 19, 2004 - None) 

Public Works Committee Consent Items 

131.         No. PW061504-01 Approve the West Boulevard signs as informational public signs, and authorize the installation of the signs in the public right-of-way for the West Boulevard Association by Nathan Degen, Troop 44 as an Eagle Scout Leadership Service Project. 

132.         No. PW060104-01 Request the petitioner, Larry Wichmann, Our Redeemer Lutheran Church, 910 Wood Avenue to work with the Engineering Division staff to come up with a workable solution on the use of the public right-of-way for parking. 

133.         Request the Mayor’s Office to write a procedural resolution on an engineer’s endorsement and acceptance of liability. 

134.         No. PW061504-02 Approve Change Order No. 03 and Final for Hawthorne Avenue Street and Utilities Reconstruction Phase Two Project No. SS02-954 to Heavy Constructors, Inc. for a decrease of $40,809.72. 

135.         No. PW061504-03 Approve Change Order No. 06 for Omaha Street Water & Sewer Utilities and Median Beautification Project No. SSW02-1106 & PR02-1215 to Stanley J. Johnsen Concrete Contractor, Inc. for increase of $26,264.09. 

136.         No. PW061504-04 Approve Change Order No. 01 for Whitehead Ballfields Improvements Restroom and Picnic Shelter Project No. PR04-1332 to Tru-Form Construction, Inc. for an increase of $1,572.77. 

137.         No. PW061504-05 Approve Change Order No. 01 for Meadowbrook Golf Course cart Storage Building No. 2 Project No. GC04-1366 to Lost Cabin/Lipp Construction, LLC for an increase of $8,140.15. 

138.         No. PW061504-06 Authorize staff to advertise for bids for Street Division Sand/Salt Storage Building No. 3 Project No. IDP04-1408. 

139.         No. PW061504-07 Authorize Mayor and Finance Officer to sign a Joint Powers Agreement between the State of South Dakota Department of Military and Veterans Affairs and the City of Rapid City. 

140.         Request staff to look for another west Rapid City site to relocate the yard waste collection operation and bring forward a recommendation within thirty days. 

141.         Approve an Agreement between the City of Rapid City and Dr. Pev Evans to Improve City Parkland for a Public Parking Lot on Dakota Drive. 

142.         No. 04VE013 Approve a Vacation of Non-Access Easement for petitioner Dream Design International Inc. on Lot 16, Block 11, Red Rock Estates, Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located north of Muirfield Drive and west of Maidstone Court. 

Legal & Finance Committee Consent Items 

143.         Request staff to draft an amendment to the sign code ordinance regarding spacing and size requirements to allow for a variance for relocation of existing signs due to public improvement projects for the June 30, 2004 Legal and Finance Committee meeting. 

144.         No. LF061604-01 Approve appointment of Glen Delabarre to Mechanical Board. 

145.         No. LF061604-02 Approve appointment of Mark Hirsch and Kyle Mattison to Historic Sign Committee. 

146.         No. LF061604-04 Approve Event Permit for Alex Johnson Hotel for motorcycle parking during the Sturgis Rally from August 5-15, 2004. 

147.         No. LF061604-05 Approve Event Permit for Rapid City Police Department for Cruiser Night on June 26, 2004. 

148.         No. LF061604-06 Approve Event Permit for Rapid City YMCA for annual street dance on August 6, 2004. 

149.         No. LF061604-07 Approve Travel Request for Jon Dicks to attend training course to enhance training, experience and confidence in science of fingerprints in Decatur, Georgia, from December 4-11, 2004, in the approximate amount of $1,777. 

150.         No. LF061604-09 Approve the Consolidated Annual Performance and Evaluation Report (CAPER – Fiscal Year 2003). 

151.         No. LF061604-10 Authorize Mayor and Finance Officer to sign Agreement with Basin Electric Power. 

152.         No. LF061604-11 Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup. 

153.         No. LF061604-15 Approve Resolution Declaring Property Surplus. 

154.         No. LF061604-12 Authorize Mayor and Finance Officer to sign Agreement to Furnish Security by Mt. States Investigations & Security, Inc. 

155.         No. LF061604-13 Approve Travel Request for Joel Landeen to attend ALI-ABA Planning, Regulation, Litigation, Eminent Domain and Compensation Seminar in Boston, MA, August 25-29, 2004 in the approximate amount of $1,842. 

156.         Approve the following licenses:  Electrical Apprentice:  Monty Bollock, Warren Buffalo, Jr., Andrew J. Coffey, Cory Drake, Neal Drury, Dustin Freed, Christopher Kendrick, Jody Millage, Duke Miller, Shane Novotny, Justin Riggs, Brandon White; Electrical Journeyman:  Charles T. Freeman, Dale Leenknecht, Larry Tibbs; Electrical Contractor:  Dean Hartford, Hartford Electric, Inc.; Plumber:  Ivan Fischer, Roger Johnson; Residential Contractor:  Duane Boomsma; Corey Crowder, Crowder R & D; FD Construction, Inc., Ford Dodds; Dennis Spencer – Flannery Oil, Kelly Flannery. 

Planning Department Consent Items 

157.         No. 04AN004 - A request by Dream Design International, Inc. for a Petition for Annexation on a parcel of land located in the NE1/4 SW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more particularly described as follows:  Beginning at a point on the center quarter corner of Section 3, T1N, R8E, BHM, being the Point of Beginning S01º55'13"W 32.76 feet; thence S00º11'11"E 88.67 feet; thence S00º09'00"E 534.94 feet; thence S00º14'00"E 78.04 feet; thence S00º08'24"E 79.09 feet; thence S00º25'02"E 76.82 feet; thence S00º25'12"E 131.95 feet; thence S89º43'28"W 227.75 feet; thence along a curve of said right-of-way Degeest Drive to the left having a radius of 209.15 feet through a central angle of 04º06'34" 15.00 feet along said curve of said right-of-way Degeest Drive; thence N89º45'15"E 100.33 feet; thence N00º15'47"W 114.37 feet; thence N45º19'06"W 155.71 feet; thence N40º36'54"W 801.34 feet; thence N28º02'56"W 84.11 feet; thence N10º47'21"W 75.92 feet; thence N89º56'03"E 9.86 feet; thence N00º09'17"W 26.01 feet; thence N89º56'03"E 802.06 feet; to the Point of Beginning; containing 11.00 acres more or less, located east of Degesst Drive and north of Avenue A. 

158.         No. 03PL094 - A request by Renner and Sperlich Engineering Company for 16 Plus LLP for a Final Plat on Lot 2, Moon Ridge Subdivision, located in the NE1/4 of the SE1/4, Section 34, T1N,R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract 2 of Pioneer Subdivision located in the NE1/4 of the SE1/4, Section 34, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located northwest of the U.S. Highway 16 and Moon Meadows Road. 

159.         No. 04PL024 - A request by Sperlich Consulting Inc. for Gordon Howie for a Layout and Preliminary Plat on Lot 10 and Lots 19 thru 23 of Block 8, Lots 2 thru 7 of Block 20, Lots 13 thru 19 of Block 21, Lots 1 thru 9 of Block 23, Lots 1 thru 8 of Block 24, Lots 1 thru 3 of Block 25, and Drainage Lot, Trailwood Village, located in the W1/2 SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, legally described as a portion of Tract T of Trailwood Village located in the W1/2 SE1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located west of Plateau Lane along Williams Street, Leola Lane and Quad Court. 

160.         No. 04PL051 - A request by Dream Design International, Inc. for a Preliminary Plat on Lots 2 through 5 Block 10, Lots 17 through 20 Block 8, located in the SE1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract  A of Parcel C,  MJK Subdivision,  located in the SE1/4 of the SW1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Fieldview Drive to Elm Avenue. 

161.         No. 04PL066 - A request by Sperlich Consulting Inc. for Richard Huffman for a Layout Plat on Lots 5R and 6R of Lot 3 of Block 4 of Grandview Tract; and, Lot 4  of Block 2 of Parkridge Village No. 2; all located in the SW1/4 of the NE1/4 , the NW1/4 of the NE1/4, and the SE1/4 of the NW1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 5 and 6 of Lot 3 of Block 4 of Grandview Tract, a portion of the SW1/4 of the NE1/4 and a portion of the NW1/4 of the NE1/4 of Section 16; a portion of the SW1/4 of the NE1/4 of Section 16; all located in the SW1/4 of the NE1/4 , the NW1/4 of the NE1/4, and the SE1/4 of the NW1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located along Park Drive. 

162.         No. 04PL067 - A request by Sperlich Consulting Inc. for Tom Gagliano for a Layout Plat on Lots 8A, 8B and 9B, Block 2, Skyline Pines Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as Lots 8 and 9, Block 2, Skyline Pines Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1501 Pevans Parkway and 3289 Sandstone Lane. 

Raffle 

163.         No. CC062104-02 Acknowledge sale of raffle tickets for Harley Davidson leather jacket, Children’s Home Society 

END OF CONSENT CALENDAR 

PLANNING DEPARTMENT ITEMS 

164.         No. 04CA020 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 1.22 acre parcel from Low Density Residential with a Planned Residential Development to Office Commercial with a Planned Commercial Development on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 550.60 feet at a bearing S89º27'22" East to a point; Thence travel 1.39 feet at a bearing N00º32'38" East to the Point of Beginning; travel 384.90 feet at a bearing N45º54'33" East to a point; thence travel 216.00 feet at a bearing N67º49'27" East to a point; thence travel 42.13 feet at a bearing N24º43'12" East to a point; thence travel 155.08 feet at a bearing South to a point; thence travel 504.33 feet at a bearing S62º30'29" West to a point; thence travel 46.71 feet at a bearing N89º39'00" West to the Point of Beginning; said area described contains approximately 1.22 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

165.         No. 04CA021 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on an 11.22 acre parcel from Medium Density Residential with a Planned Residential Development to Office Commercial with a Planned Commercial Development on property described by metes and bounds as  commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota:  thence travel 597.31 feet at a bearing S89º27'22" East to a point; Thence travel 2.02 feet at a bearing N00º32'38" East the Point of Beginning; travel 504.33 feet at a bearing N 62º30'29" East to a point; thence travel 154.61 feet at a bearing North to a point; thence travel 78.60 feet at a bearing N24º43'12" East to a point; thence travel 117.84 feet at a bearing N07º03'57" West to a point; thence travel 11.61 feet at a bearing N30º35'10" West to a point; thence travel 303.21 feet at a bearing N50º52'56" East to a point; thence travel 129.80 feet at a bearing North to a point; thence travel 424.41 feet at a bearing S45º00'00" East to a point on a curve; thence travel 258.58 feet along a 190.00 foot radius Concave Southeasterly curve with a chord bearing S05º49'05" East to a point; thence travel 61.40 feet at a bearing S44º48'23" East to a point; thence travel 340.35 feet at a bearing S22º02'42” East to a point; thence travel 1192.20 feet at a bearing N89º38'58" West to the Point of Beginning; said area described contains approximately 11.22 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

166.         No. 04CA022 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.48 acre parcel from General Commercial with a Planned Commercial Development to Office Commercial with a Planned Commercial Development on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 1795.11 feet at a bearing S89º27'22" East to a point; Thence travel 6.07 feet at a bearing N00º32'38" East the Point of Beginning; travel 359.39 feet at a bearing N22º02'42" West to a point; travel 104.66 feet at a bearing S44º48'23" East to a point on a curve; thence travel 38.11 feet along a 210.00 foot radius Convex Southwesterly curve with a chord bearing S39º36'26" East to a point; thence travel 211.05 feet at a bearing S34º24'28" East to a point; thence travel 78.59 feet at a bearing S45º00'00" West to a point; thence travel 26.81 feet at a bearing N89º39'00" West to the Point of Beginning; said area described contains approximately 0.48 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

167.         No. 04CA023 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.27 acre parcel from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 1657.07 feet at a bearing S89º27'22" East to a point; thence travel 337.88 feet at a bearing N00º32'38" East the Point of Beginning; travel 61.40 feet at a bearing N44º48'23" West to a point on a curve; thence travel 258.58 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N05º49'05" West to a point; thence travel 47.91 feet at a bearing S45º00'00" East to a point on a curve; thence travel 178.19 feet along a 230.00 foot radius Concave Southeasterly curve with a chord bearing S00º08'58" West to a point; thence travel 95.96 feet at a bearing S22º02'42" East to the Point of Beginning; said area described contains approximately 0.27 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

168.         No. 04CA024 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.26 acre parcel from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota:  thence travel 1586.89 feet at a bearing S89º27'22" East to a point; Thence travel 618.64 feet at a bearing N00º32'38" East the Point of Beginning; thence travel 75.39 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N44º32'12" East to a point; thence travel 219.73 feet at a bearing N55º19'07" East to a point; thence travel 33.94 feet at a bearing S34º35'20" East to a point; thence travel 157.68 feet at a bearing S55º19'17" West to a point on a curve; thence travel 132.38 feet along a 230.00 foot radius Concave Southeasterly curve with a chord bearing S38º49'48" West to a point; thence travel 57.91 feet at a bearing N45º00'00" West to the Point of Beginning; said area described contains approximately 0.26 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

169.         No. 04CA025 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.63 acre parcel from Low Density Residential with a Planned Residential Development to Office Commercial with a Planned Commercial Development on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; Thence travel 854.51 feet at a bearing S89º27'22"E to a point; Thence travel 692.17 feet at a bearing N00º32'38"E to the Point of Beginning; travel 205.11 feet at a bearing N35º12'36"E to a point; thence travel 70.11 feet at a bearing N00º21'00"E to a point; thence travel 65.15 feet at a bearing N90º00'00"E to a point; thence travel 318.07 feet at a bearing S00º00'00"E to a point; thence travel 93.37 feet at a bearing N30º35'10"W to a point; thence travel 136.33 feet at a bearing S90º00'00"W to a point to the Point of Beginning; said parcel contains approximately 0.63 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

170.         No. 04CA026 - A request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for an Amendment to the Comprehensive Plan to change the future land use designation on a 0.78 acre parcel from Park Forest to Low Density Residential II with a Planned Residential Development on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE 1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 588.52 feet at a bearing N00º21'00" East to the Point of Beginning; travel 330.47 feet at a bearing N00º21'00" East to a point; thence travel 151.09 feet at a bearing S41º05'15" East to a point; thence travel 14.84 feet at a bearing S00º21'00" West to a point; thence travel 239.65 feet at a bearing S10º42'07" East to a point on a curve; thence travel 65.70 feet along a 74.00 foot radius Concave Northerly curve with a chord bearing N80º16'49" West to a point on a curve; thence travel 77.31 feet along a 126.00 foot radius Concave Southerly curve with a chord bearing N72º25'20" West to a point; thence travel 7.41 feet at a bearing N89º51'16" West to the Point of Beginning; said area described contains approximately 0.78 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

171.         No. 04CA027 - A request by Pat Hall with Coldwell Banker, LKH, Inc. for Hogan Real Estate LLC to consider an application for an Amendment to the Comprehensive Plan to change the North Rapid Neighborhood Future Land Use Map from Medium Density Residential to General Commercial with a Planned Development Designation on the north 319 feet of Lot 16, a replat of Block 31 of a replat of Blocks 4, 5, 6, 11, 12, 13, 19, 20, 21, 26, 27 and 28 of the Nowlin and Wood Addition in the N1/2 of the NW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; less Lot H1, H2 and H3, Lot 16 of Block 31 of the Nowlin and Wood Addition in the N1/2 of the NW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1125 North Lacrosse Street. 

172.         No. 04PD024 - A request by Dream Design International, Inc. for a Planned Development Designation - Initial and Final Development Plan on a parcel of land located in a portion of the S1/2 SW1/4 NE1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, being more particularly described as follows:  beginning at the center 1/4 corner of said Section 3, Thence N79º15'36"E, 215.44 feet to the true point of beginning; Thence N00º16'55"W, 21.09 feet to the point of curvature; thence northerly along the arc of said curve to the left whose radius 226.00 feet and whose central angel is 47º20'54", an arc length of 186.76 feet to a point of tangency; Thence N47º37'49"W, 24.13 feet to a point of curvature; thence northerly along the arc of said curve to the right whose radius is 174.00 feet and whose central angle is 47º20'54", an arc length of 143.79 feet to a point of tangency; Thence N00º16'55"W, 64.25 feet to a point; Thence N44º47'19"E, 14.12 feet to a point, thence N89º51'34"E, 1067.26 feet to a point; Thence S45º12'41"E, 14.16 feet to point; S00º16'55"E, 393.20 feet to a point; Thence S44º43'05"W, 14.14 feet to a point; Thence S89º43'05"W, 920.52 feet to a point; Thence N45º16'55"W, 14.14 feet to the true point of beginning, said parcel contains 9.688 acres more or less, located south of Homestead Street and north of Patricia Street. 

173.         Authorization for Mayor and Finance Officer to sign a waiver of right to protest a future assessment for the installation of curb, gutter, sidewalk, street light conduit, water, sewer, and pavement improvements along an access easement and Skyline Drive as they abut Lot 2, Block 10 and Lot 2 of Block 13, located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1802 Valentine Street. (04SV021) 

174.         No. 04SV021 - A request by Daniel and Lori Smith for a Variance to the Subdivision Regulations to waive the requirement to install curb, gutter and sidewalk, street light conduit, water, sewer and pavement as per Chapter 16.16 of the Rapid City Municipal Code on Lot 2, Block 10 and Lot 2 of Block 13, located in Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1802 Valentine Street. 

175.         No. 04SV030 - A request by Dream Design International, Inc. for a Variance to the Subdivision Regulations to reduce the right-of-way width from 100 feet to 80 feet on Lots 2 thru 5, Block 10; and, Lots 17 thru 20, Block 8; all located in MJK Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, legally described as Tract A of Parcel C less the Meadows Subdivision and less right-of-way MJK Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located along Field View Drive. 

176.         No. 04SV033 - A request by Sperlich Consulting Inc. for Walgar Development for a Variance to the Subdivision Regulations to waive the requirement to dedicate additional right-of-way along Wisconsin Avenue as per Chapter 16.16 of the Rapid City Municipal Code on Lot 2 of Block 1, Minnesota Park Subdivision, located in the SW1/4 of the NE1/4 of the SE1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, legally described as a portion of Tract B of Robbinsdale Addition No. 10, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located south of Wisconsin Avenue and East Minnesota Street. 

ORDINANCES & RESOLUTIONS

177.         No. LF061604-08 First Reading, Ordinance No. 4072 Repealing Chapter 15.12 of the Rapid City Municipal Code in its Entirety and Adopting a New Chapter 15.12 of the Rapid City Municipal Code Entitled Building Codes Adopted. 

178.         No. 04RZ023 - Second Reading, Ordinance 4060, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Park Forest District to Low Density Residential II District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE 1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 588.52 feet at a bearing N00º21'00" East to the Point of Beginning; travel 330.47 feet at a bearing N00º21'00" East to a point; thence travel 151.09 feet at a bearing S41º05'15" East to a point; thence travel 14.84 feet at a bearing S00º21'00" West to a point; thence travel 239.65 feet at a bearing S10º42'07" East to a point on a curve; thence travel 65.70 feet along a 74.00 foot radius Concave Northerly curve with a chord bearing N80º16'49" West to a point on a curve; thence travel 77.31 feet along a 126.00 foot radius Concave Southerly curve with a chord bearing N72º25'20" West to a point; thence travel 7.41 feet at a bearing N89º51'16" West to the Point of Beginning; said area described contains approximately 0.78 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

179.         No. 04RZ024 - Second Reading, Ordinance 4061, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Low Density Residential District to Office Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 805.71 feet at a bearing N00º21'00" East to a point; Thence travel 99.99 feet at a bearing S89º39'00" East to the Point of Beginning; travel 245.15 feet at a bearing N00º21'00" East to a point; thence travel 106.97 feet at a bearing N34º54'43" East to a point; thence travel 115.00 feet at a bearing N05º14'58" West to a point; thence travel 67.43 feet at a bearing N09º59'31" East to a point; thence travel 813.33 feet at a bearing S89º39'00" East to a point; thence travel 392.20 feet at a bearing S00º21'00” West to a point; thence travel 65.15 feet at a bearing East to a point; thence travel 318.07 feet at a bearing South to a point; thence travel 93.37 feet at a bearing N30º35'10" West to a point; thence travel 174.01 feet at a bearing West to a point; thence travel 237.48 feet at a bearing N61º30'24" West to a point; thence travel 126.16 feet at a bearing N73º30'07" West to a point; thence travel 74.12 feet at a bearing N52º32'01" West to a point; thence travel 122.49 feet at a bearing S87º48'19" West to a point; thence travel 100.98 feet at a bearing S69º46'53" West to a point; thence travel 110.01 feet at a bearing S35º36'28" West to a point; thence travel 74.15 feet at a bearing N41º05'15" West to the Point of Beginning; said area described contains approximately 10.74 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

180.         No. 04RZ025- Second Reading, Ordinance 4062, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Low Density Residential District to Office Commecial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 550.60 feet at a bearing S89º27'22" East to a point; Thence travel 1.39 feet at a bearing N00º32'38" East to the Point of Beginning; travel 384.90 feet at a bearing N45º54'33" East to a point; thence travel 216.00 feet at a bearing N67º49'27" East to a point; thence travel 42.13 feet at a bearing N24º43'12" East to a point; thence travel 155.08 feet at a bearing South to a point; thence travel 504.33 feet at a bearing S62º30'29" West to a point; thence travel 46.71 feet at a bearing N89º39'00" West to the Point of Beginning; said area described contains approximately 1.22 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

181.         No. 04RZ026- Second Reading, Ordinance 4063, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Medium Density Residential District to Low Density Residential II District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 1040.99 feet at a bearing S89º27'22" East to a point; Thence travel 393.67 feet at a bearing N00º32'38" East to the Point of Beginning; travel 188.48 feet at a bearing North to a point; thence travel 16.33 feet at a bearing N50º52'56" East to a point; thence travel 11.61 feet at a bearing S30º35'10" East to a point; thence travel 117.84 feet at a bearing S07º03'57" East to a point; thence travel 79.09 feet at a bearing S24º43'12" West to the Point of Beginning; said area described contains approximately 0.09 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

182.         No. 04RZ027- Second Reading, Ordinance 4064, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Medium Density Residential District to Office Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota:  thence travel 597.31 feet at a bearing S89º27'22" East to a point; Thence travel 2.02 feet at a bearing N00º32'38" East the Point of Beginning; travel 504.33 feet at a bearing N 62º30'29" East to a point; thence travel 154.61 feet at a bearing North to a point; thence travel 78.60 feet at a bearing N24º43'12" East to a point; thence travel 117.84 feet at a bearing N07º03'57" West to a point; thence travel 11.61 feet at a bearing N30º35'10" West to a point; thence travel 303.21 feet at a bearing N50º52'56" East to a point; thence travel 129.80 feet at a bearing North to a point; thence travel 424.41 feet at a bearing S45º00'00" East to a point on a curve; thence travel 258.58 feet along a 190.00 foot radius Concave Southeasterly curve with a chord bearing S05º49'05" East to a point; thence travel 61.40 feet at a bearing S44º48'23" East to a point; thence travel 340.35 feet at a bearing S22º02'42” East to a point; thence travel 1192.20 feet at a bearing N89º38'58" West to the Point of Beginning; said area described contains approximately 11.22 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

183.         No. 04RZ028 - Second Reading, Ordinance 4065, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from General Commercial District to Office Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 1795.11 feet at a bearing S89º27'22" East to a point; Thence travel 6.07 feet at a bearing N00º32'38" East the Point of Beginning; travel 359.39 feet at a bearing N22º02'42" West to a point; travel 104.66 feet at a bearing S44º48'23" East to a point on a curve; thence travel 38.11 feet along a 210.00 foot radius Convex Southwesterly curve with a chord bearing S39º36'26" East to a point; thence travel 211.05 feet at a bearing S34º24'28" East to a point; thence travel 78.59 feet at a bearing S45º00'00" West to a point; thence travel 26.81 feet at a bearing N89º39'00" West to the Point of Beginning; said area described contains approximately 0.48 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

184.         No. 04RZ029 - Second Reading, Ordinance 4066, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Medium Density Residential District to General Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota: thence travel 1657.07 feet at a bearing S89º27'22" East to a point; thence travel 337.88 feet at a bearing N00º32'38" East the Point of Beginning; travel 61.40 feet at a bearing N44º48'23" West to a point on a curve; thence travel 258.58 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N05º49'05" West to a point; thence travel 47.91 feet at a bearing S45º00'00" East to a point on a curve; thence travel 178.19 feet along a 230.00 foot radius Concave Southeasterly curve with a chord bearing S00º08'58" West to a point; thence travel 95.96 feet at a bearing S22º02'42" East to the Point of Beginning; said area described contains approximately 0.27 Acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

185.         No. 04RZ030- Second Reading, Ordinance 4067, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Office Commercial District to General Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota:  thence travel 1586.89 feet at a bearing S89º27'22" East to a point; Thence travel 618.64 feet at a bearing N00º32'38" East the Point of Beginning; thence travel 75.39 feet along a 190.00 foot radius Convex Northeasterly curve with a chord bearing N44º32'12" East to a point; thence travel 219.73 feet at a bearing N55º19'07" East to a point; thence travel 33.94 feet at a bearing S34º35'20" East to a point; thence travel 157.68 feet at a bearing S55º19'17" West to a point on a curve; thence travel 132.38 feet along a 230.00 foot radius Concave Southeasterly curve with a chord bearing S38º49'48" West to a point; thence travel 57.91 feet at a bearing N45º00'00" West to the Point of Beginning; said area described contains approximately 0.26 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

186.         No. 04RZ032- Second Reading, Ordinance 4069, a request by Wyss Associates, Inc. for Web Real Estate Holdings Company, LLC for a Rezoning from Low Density Residential District to Office Commercial District on property described by metes and bounds as commencing at the SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM; Thence travel 854.51 feet at a bearing S89º27'22"E to a point; Thence travel 692.17 feet at a bearing N00º32'38"E to the Point of Beginning; travel 205.11 feet at a bearing N35º12'36"E to a point; thence travel 70.11 feet at a bearing N00º21'00"E to a point; thence travel 65.15 feet at a bearing N90º00'00"E to a point; thence travel 318.07 feet at a bearing S00º00'00"E to a point; thence travel 93.37 feet at a bearing N30º35'10"W to a point; thence travel 136.33 feet at a bearing S90º00'00"W to a point to the Point of Beginning; said parcel contains approximately 0.63 acres more or less, located west of the western terminus of Fairmont Boulevard along Tower Road. 

187.         No. 04RZ033- Second Reading, Ordinance 4070, a request by Pat Hall with Coldwell Banker, LKH, Inc. for Hogan Real Estate LLC to consider an application for a Rezoning from Medium Density Residential District to General Commercial District with a Planned Development Designation on the north 319 feet of Lot 16, a replat of Block 31 of a replat of Blocks 4, 5, 6, 11, 12, 13, 19, 20, 21, 26, 27 and 28 of the Nowlin and Wood Addition in the N1/2 of the NW1/4 of Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota; less Lot H1, H2 and H3, Lot 16 of Block 31 of the Nowlin and Wood Addition in the N1/2 of the NW1/4, Section 31, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1125 North Lacrosse Street. 

LEGAL & FINANCE COMMITTEE ITEMS

188.         Assignment of Civic Center ground lease 

189.         No. LF022504-18 Recommendation for “Joint Identification” (Campus) Signs 

PUBLIC WORKS COMMITTEE ITEMS

190.         Request the Mayor’s Office to appoint five Council members, one from each ward, to the Utility Rates Committees and bring those recommendations to the Monday night Council meeting. 

191.         Approve a request from Northdale Sanitary District to annex Lot C and Sewer Lot 1 of Block 1. 

192.         No. 04FV012 Continue to the July 27, 2004 Public Works Committee meeting a Fence Height Exception for petitioner Dennis Rogers to allow a seven foot six inch fence in a Low Density Residential District on Lot 13, Block 16, South Robbinsdale Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, more generally described as being located at 801 East Indiana Street. 

CIP COMMITTEE ITEMS 

FINANCE OFFICER'S ITEMS 

APPROVAL OF BILLS

193.         No. CC062104-03 Approval of June 21, 2004 Bill List 

POLICE DEPARTMENT ITEMS 

PUBLIC WORKS DIRECTOR'S ITEMS 

CITY ATTORNEY'S ITEMS 

DEVELOPMENT APPEALS AND REVIEW BOARD 

ADJOURN