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

June 18, 2001

MINUTES – Approve the minutes of June 4 and June 13, 2001.

BID OPENINGS

1.    Arrowhead Drainage Channel Improvements Project DR00-961 (Opened on June 14, 2001)

2.    Parks Parking Lots Overlay Project PR01-1043 (Opened on June 14, 2001)

3.    Third Street Reconstruction Project ST01-1082 (Opened on June 14, 2001)

4.    Purchase and Move Off Site the Existing Structure (More commonly known as the Meadowbrook Golf Course Clubhouse) located at 3625 Jackson Boulevard, Rapid City, South Dakota (Opened at 2:30)

5.    One New Current Year Model Storm Sewer Cleaning Combination Jet/Vacuum Machine (Opened at 2:30)

MAYOR'S ITEMS

ALDERPERSON ITEMS/LIAISON REPORTS

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

6.    No. 01UR024 - A request by Dream Design International for a Use On Review to allow an on-sale liquor establishment on Lots D-G of Lot 1 less Lot H and less highway right-of-way, Section 3, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 901 Mountain View Road.

7.    MG Oil Company dba BP Casino, 901 Mt. View Road, Suite C-1, for an On-Off Sale Malt Beverage License Transfer (location only)

8.    MG Oil Company dba BP Casino, 901 Mt. View Road, Suite C-1, for an On-Off Sale Malt Beverage License Renewal

9.    Burnell and Ann Lutz dba Gas Plus, 1903 North Maple Avenue, for an Off-Sale Malt Beverage License Transfer (from Gerald Lutz)

10.    Burnell and Ann Lutz dba Gas Plus, 1903 North Maple Avenue, for an Off-Sale Malt Beverage License Renewal

11.    Merle Bach dba The Hideaway, 1575 LaCrosse Street, for an On-Off Sale Malt Beverage License Renewal

12.    Black Hills Sports, Inc. dba Fitzgerald Stadium, Canyon Lake Drive, for an On-Off Sale Malt Beverage License Renewal

13.    Central States Fair, Inc. dba Central States Fair, 800 San Francisco Street, for an On-Off Sale Malt Beverage License Renewal

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

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

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

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

18.    Black Hills Amateur Baseball, McKeague Field, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

19.    Hotel Management Company dba Alex Johnson Hotel, 523 Sixth Street, for an On-Off Sale Malt Beverage License Renewal

20.    Gary Bloomberg dba Gold Rush Casino, 1141 Deadwood Avenue, for an On-Off Sale Malt Beverage License Renewal

21.    Loveletta Gibson dba Lovey’s Outer Limits, 10140 Pierre Lane, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

22.    MG Oil Company dba Warehouse Bar & Casino, 200 E. Main Street, for an On-Off Sale Malt Beverage License Renewal

23.    MG Oil Company dba Haines Avenue Smoke Shop, 2601 N. Haines Avenue, for an On-Off Sale Malt Beverage License Renewal

24.    MG Oil Company dba Amoco Food Shop No. 8, 302 E. North Street, for an Off Sale Malt Beverage License Renewal

25.    MG Oil Company dba Amoco Food Shop No. 9, Jct. 79 & St. Patrick Street, for an Off Sale Malt Beverage License Renewal

26.    MG Oil Company dba Amoco Food Shop No. 10, 1818 Mt. Rushmore Road, for an Off Sale Malt Beverage License Renewal

27.    MG Oil Company dba East North Casino, 230 E. North Street, for an On-Off Sale Malt Beverage License Renewal

28.    MG Oil Company dba East St. Patrick Casino, 1226 E. St. Patrick Street, for an On-Off Sale Malt Beverage License Renewal

29.    MG Oil Company dba Haines Avenue Casino, 1735 Haines Avenue, for an On-Off Sale Malt Beverage License Renewal

30.    MG Oil Company dba LaCrosse Street Casino No. 1, 720 N. LaCrosse Street, Suite A, for an On-Off Sale Malt Beverage License Renewal

31.    MG Oil Company dba LaCrosse Street Casino No. 2, 720 N. LaCrosse Street, for an On-Off Sale Malt Beverage License Renewal

32.    MG Oil Company dba Rushmore Casino, 1808 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

33.    Fuel Food Mart, Inc. dba Amoco Food Shop No. 4, 901 E. North Street, for an Off Sale Malt Beverage License Renewal

34.    Fuel Food Mart, Inc. dba Amoco Food Shop No. 5, 601 Mt. View Road, for an Off Sale Malt Beverage License Renewal

35.    China Buffet Express, Inc. dba China Buffet, 740 Mt. View Road, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

36.    Charles & Holly Bossen dba The Berry Patch Campground, 1860 E. North Street, for an Off Sale Malt Beverage License Renewal

37.    Faryat, Inc. dba Botticelli’s Ristorante Italiano, 523 Main Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

38.    Robert Johnson, dba Canyon Lake Pub & Casino, 4116 Jackson Blvd., for an On-Off Sale Malt Beverage License Renewal

39.    James L. Wilcox dba Smiley’s House of Pizza, 510 St. Joseph Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

40.    Harbry Enterprises, Inc. dba Buck-N-Gator, 4095 Sturgis Road, for an On-Off Sale Malt Beverage License Renewal

41.    Robert L. Stiehl dba Circle S Convenience Market, 310E. Fairmont Blvd., for an Off Sale Malt Beverage License Renewal

42.    Robin & Judy, Inc. (inactive), 712 St. Joseph Street, for an On-Off Sale Malt Beverage License Renewal

43.    Jumble, Inc. dba Uncle Sam’s West, 2730 West Main Street, for an On-Off Sale Malt Beverage License Renewal

44.    Kittens, Inc. dba Uncle Sam’s East, 1122 E. North Street, for an On-Off Sale Malt Beverage License Renewal

45.    Uncle Sam’s Inc. dba Uncle Sam’s Casino & Eatery, 2110 Jackson Boulevard for an On-Off Sale Malt Beverage License Renewal

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

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

48.    Black Hills Food Services, Inc. dba Fuddruckers, 2106 N. Maple Avenue, for an On-Off Sale Malt Beverage License Renewal

49.    S&Y, Inc. dba The Golden Phoenix, 2421 W. Main Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

50.    Holway’s Hideaway Investments, Inc. dba VB’s Hideaway Pub, 1028 E. North Street, for an On-Off Sale Malt Beverage License Renewal

51.    GF Pizza, Inc. dba Godfather’s Pizza, 110 Cambell Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

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

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

54.    Moyle Petroleum Company dba Common Cents Food Store, 2606 Mt. Rushmore Road, for an Off Sale Malt Beverage License Renewal

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

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

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

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

59.    Superpumper, Inc. dba Superpumper No. 16, 3275 S. Highway 79, for an Off Sale Malt Beverage License Renewal

60.    Superpumper, Inc. dba Superpumper No. 27, 2215 Haines Avenue, for an Off Sale Malt Beverage License Renewal

61.    Howe’s Oil Company, Inc. dba Windmill Truck Stop, 2783 Deadwood Avenue, for an On-Off Sale Malt Beverage License Renewal

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

63.    H&B, Inc. dba The Hall Inn, 214 E. St. Joe Street, for an On-Off Sale Malt Beverage License Renewal

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

65.    Keith L. Fox dba Rodeway Inn, 2208 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

66.    Dakota Fresh-Mex, LLC dba Qdoba Mexican Grill, 741 Mt. View Road, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

67.    Keith & Dorla Brink dba Carini’s Italian Food, 324 St. Joe Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

68.    Flannery Oil, Inc. dba Corner Pantry, 501 Deadwood Avenue, for an Off Sale Malt Beverage License Transfer (from Shannon Capital, Inc.)

69.    Flannery Oil, Inc. dba Corner Pantry, 501 Deadwood Avenue, for an Off Sale Malt Beverage License Renewal

70.    Karen Johnson-Pochardt dba Once Upon a Vine, 507-513 Sixth Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

71.    Harold’s Prime Rib, Inc. dba Queen of Hearts Casino, 316 East Boulevard, for an On-Off Sale Malt Beverage License Renewal

72.    Mai T. Goodsell dba Saigon Restaurant, 221 East North Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

73.    Four Diamonds, Inc. dba Gramps Café & Catering, 103 E. Omaha Street, for an On-Off Sale Malt Beverage License Renewal

74.    High Plains Securities, Inc. dba The Reef, 504 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

75.    WR Rapid City Ventures, LP dba Oakleaf Beer Garden, 2211 N. LaCrosse Street, for an On-Off Sale Malt Beverage License Renewal

76.    SSDH, Inc. dba Sam’s Too, 2110 ½ Jackson Boulevard, for an On-Off Sale Malt Beverage License Renewal

77.    Dan Trieu Ly Golden Fortune, 1204 E. North Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

78.    Mae Jean Adams dba The Corn Exchange, 727 Main Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

79.    Thomas McCarty dba The Marble Club, 2315 ½ Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

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

81.    Guang Huan Huang dba Hunan Chinese Restaurant, 1720 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

82.    Lybeck’s Twenty-First Century, Inc. dba Shenanigan’s Casino, 3788 East Highway 44, for an On-Off Sale Malt Beverage License Renewal

83.    United Food, Inc. dba Toby’s Casino South, 710 Cleveland Street, for an On-Off Sale Malt Beverage License Renewal

84.    United Food, Inc. dba Toby’s Casino, 720 E. North Street, for an On-Off Sale Malt Beverage License Renewal

85.    The Retired Enlisted Association dba Northgate Bingo, 906 E. Philadelphia Street, for an On-Off Sale Malt Beverage License Renewal

86.    CCKT, Inc. dba Lucky Annie’s, 2425 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal

87.    Dos Ermonas dba LaCosta Mexican Restaurant, 603 Omaha Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

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

89.    Cenex Petroleum, Inc. dba Cenex Convenience Store No. 030, 1160 LaCrosse Street, for an Off Sale Malt Beverage License Renewal

90.    Cenex Petroleum, Inc. dba Cenex Convenience Store No. 032, 850 E. North Street, for an Off Sale Malt Beverage License Renewal

91.    NPC International, Inc. dba Pizza Hut No. 2777, 2005 Mt. Rushmore Road, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

92.    NPC International, Inc. dba Pizza Hut No. 2776, 2604 W. Main Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

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

94.    Safeway Stores 46, Inc. dba Safeway Store No. 1554, 730 Mt. View Road, for an Off Sale Malt Beverage License Renewal

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

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

97.    Jenco, Inc. dba Happy Jacks, 909 E. St. Patrick Street, for an On-Off Sale Malt Beverage License Renewal

98.    Jenco, Inc. dba Happy Jacks – Cambell Street, 1601 Cambell Street, for an On-Off Sale Malt Beverage License Renewal

99.    Jenco, Inc. dba Happy Jacks West, 1925 West Main Street, Suite 1, for an On-Off Sale Malt Beverage License Renewal

100.    Jenco, Inc. dba Happy Jacks – Downtown, 713 Omaha Street, for an On-Off Sale Malt Beverage License Renewal

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

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

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

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

105.    Albertsons, Inc. dba Albertsons, 855 Omaha Street, for an Off-Sale Malt Beverage License Renewal

106.    Dean’O’s Casino, Inc. dba Dean’O’s Casino, 903 East North Street, for an On-Off Sale Malt Beverage License Renewal

107.    WR Rapid City Ventures, LP dba Oakleaf Beer Garden, 2211 N. LaCrosse Street, for an On-Off Sale Malt Beverage License Renewal

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

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

110.    Ranch Mart, Inc. dba Ranch Mart, 520 Birch Street, for an Off-Sale Malt Beverage License Renewal

111.    2004, Inc. dba Time Square Casino, 355 Eleventh Street, for an On-Off Sale Malt Beverage License Renewal

112.    Artis & Marilyn Holmes dba Art’s Smoke House Barbecue, 609 Main Street, for an On-Off Sale Malt Beverage License Renewal (No Video Lottery)

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

Set for Hearing (July 2, 2001)

114.    Rushmore German Club, Central States Fair, 800 San Francisco Street, for a Special Malt Beverage License to be used from August 17 through August 25, 2001

CONSENT CALENDAR ITEMS

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.

Set for Hearing (July 2, 2001)

115.    No. 01PD028 - A request by Sylvia Hills Architecture for Helgeson Development Company, Inc. for a Major Amendment to a Planned Residential Development on Lot 1 Revised Revised, Trimble Subdivision, Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 931 and 821 Fox Run Drive.

116.    No. 01PD029 - A request by Centerline for Olsen Development Company for a Planned Development Designation on property described by metes and bounds beginning at the southeast corner of Tract 2 of Settler’s Landing Subdivision, located in SW1/4-SE1/4, Section 19, T2N, R8E, BHM, thence N00º08’27"E 230.00 feet, thence S89º51’33"E 122.88 feet, thence N00º03’24"E 388.20 feet, thence N85º02’35"E 1043.65 feet, thence N00º02’29"W 588.25 feet, thence N89º57’31"E 255.00 feet, thence S00º02’29"E 1157.00 feet, thence through a right hand curve with a delta angle of 90º10’59" and a radius of 159.49 feet, thence N89º51’33"W 1259.15 feet, thence N00º08’27"E 17.00 feet to the Point of Beginning. Said parcel containing 24.5565 acres more or less, located northwest of the intersection of Seger Drive and 143rd Street.

117.    No. 01PD030 - A request by Centerline for Olsen Development Company for a Planned Development Designation on property described by metes and bounds beginning at the northeast corner of Parcel A Revision No. 1 of Settler’s Landing Subdivision located in SW1/4-SE1/4, Section 19, T2N, R8E, BHM, thence N00º03’24"E 1128.65 feet, thence S89º48’30"E 1275.26 feet, thence S00º02’29"E 177.37 feet, thence S89º51’E 17.00 feet, thence S00º02’29"E 639.70 feet, thence S89º57’31"W 255.00 feet, thence S00º02’29"E 588.25 feet, thence S85º02’35"W 1043.65 feet, thence N00º03’24"E, 371.35 feet to the Point of Beginning. Said parcel containing 39.3613 acres more or less, located northwest of the intersection of Seger Drive and 143rd Street.

118.    No. 01UR029 - A request by Steve and Trisha Nolan for a Use on Review to allow a day care center in the Low Density Residential Zoning District on Lot 23 of the NE1/4 NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4605 Easy Street.

119.    No. 01UR030 - A request by M & K Consulting for Western Wireless Corp. for a Use On Review to allow a communication tower in the Light Industrial Zoning District on Lot 1, MDU Subdivision, Section 6, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 710 Steele Avenue.

120.    No. 01UR031 - A request by Dream Design International for a Major Amendment to a Use On Review to revise the conditions of approval on Lot F less Lot F-1, Park Addition No. 2, Section 6 (also in Section 1, T1N, R7E), T1N, R8E, BHM, and Lot A of E of Government Lot 4 and 5, Section 6, T1N, R8E, Rapid City, Pennington County, South Dakota, located at 200 East Main Street.

121.    No. 01UR032 - A request by Dream Design International, Inc. for a Use On Review to allow a utility substation in the Low Density Residential Zoning District on the NW1/4 NE1/4 of Section 29, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the current northern terminus of Muirfield Drive.

Public Works Committee Items

122.    PW061301-01 – Approve Change Order No. 03F for SSW00-882, Corral Drive Water and Sanitary Sewer Extension Project to Mainline Contracting, Inc. for an increase of $207.00.

123.    PW061301-02 –Approve Change Order No. 02F for DR99-909, South Robbinsdale Drainage Channel – Parkview to Maple to Mainline Contract, Inc. for an increase of $909.25.

124.    PW061301-03 –Authorize staff to advertise for bids for WRF01-1130, Water Reclamation Facility Expansion – Equipment Procurement of Ultraviolet Disinfecting System.

125.    PW061301-04 – Authorize staff to advertise for bids for WRF01-1131, Water Reclamation Facility Expansion – Equipment Procurement of Centrifuges.

126.    PW061301-05 – Authorize the Mayor and Finance Officer to sign a Black Hills Power, Inc. Right-Of-Way Permit – OH/UG Corporation for Rapid City Greenway Tract 4 (Meadowbrook Golf Course).

127.    PW061301-06 – Authorize the Mayor and Finance Officer to sign a Black Hills Power, Inc. Right-Of-Way Permit – OH/UG Corporation for Rapid City Greenway Tract 27 (Roosevelt Ice Arena).

128.    PW061301-07 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with Britton Engineering and Land Surveying, Inc. to Design SS01-1080, 38th Street Sanitary Sewer Main Extension Project for an amount not to exceed $3,650.

129.    PW061301-08 – Authorize the Mayor and Finance Officer to sign a Service Agreement with Diesel Machinery, Inc. to Provide Maintenance for Water Reclamation Facility Generators for an amount not to exceed $1,198 annually.

130.    PW061301-09 – Approve Out-Of-The-Dust Funds in the amount of $3,000 for ST01-1127, Blake’s Addition #2, Block 18 Alley (East Blvd. to Maple Ave. between East Chicago and West Street).

131.    PW061301-10 – Approve Out-Of-The-Dust Funds in the amount of $3,000 for ST01-1128, St. Elmo #1 Addition, Block 2 Alley (Mt. Rushmore Rd. to 9th Street between St. Patrick and St. Francis – 1919 Mt. Rushmore Road).

132.    No. 01VE006 – Approve with stipulations a Vacation of Drainage and Utility Easement for petitioner CETEC Engineering for RCS Construction on Lot 1 and 2 of Carefree Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located immediately north of 2220 South Eglin.

133.    Authorize staff to advertise for bids for GC00-1016, Meadowbrook Golf Course Clubhouse.

134.    Rescind Council action of January 15, 2001 and authorize the Mayor and Finance Officer to sign a TORO National Support Network Extended Warranty and Service Agreement for Meadowbrook Golf Course Irrigation Central Controller System for a lump sum of $7,775.

Legal & Finance Committee

135.    LF061301-01 - Approve Event Permit for Rushmore Optimists for parade on July 14, 2001, at 9:30 a.m.

136.    LF061301-02 - Approve Joint Resolution Establishing Geographic Information System (GIS) Standard Products and Data Pricing List.

137.    01AN007 - Tyler Knue Subdivision - Approve Petition for Annexation on a tract of land located in the NW1/4 of NW1/4 of Section 24, T2N, R7E, BHM, Pennington County, South Dakota more particularly described as follows: Commencing at a point which is a property corner with LS Cap 6119 which is the northwest corner of Lot 9 of Block One of Tyler Knue Subdivision in NW 1/4 of NW 1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence N00º16’55"E a distance of 77.12’, more or less, to a point; Thence N13º44’34"W a distance of 107.66’, more or less, to a point; Thence S66º12’08"W a distance of 303.51’, more or less, to a point; Thence N89º32’23"W a distance of 279.98’, more or less, to a point; Thence N00º27’37"E a distance of 121.67’, more or less, to a point; Thence N45º26’14"E a distance of 159.30’, more or less, to a point; Thence S44º33’46"E a distance of 12.36’, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 226.00’ and an arc length of 57.47’, more or less, to a point; Thence N45º57’12"E a distance of 54.45’, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 174.00' and an arc length of 47.61', more or less, to a point; Thence N14º08’42"E a distance of 198.01’, more or less, to a point; Thence N66º41’34"E a distance of 83.60’, more or less, to a point; Thence N89º50’49"E a distance of 60.59’, more or less, to a point; Thence S89º48’39"E a distance of 205.71’, more or less, to a point; Thence N00º18’52"E a distance of 132.00’, more or less, to a point; Thence S89º41’08"E a distance of 52.00’, more or less, to a point; Thence S00º18’52"W a distance of 119.00’, more or less, to a point; Thence S89º41’08"E a distance of 135.00’, more or less, to a point; Thence S00º18’52"W a distance of 147.34’, more or less, to a point; Thence southeasterly on a curve to the right with a radius of 124.00' and an arc length of 71.73', more or less, to a point; Thence southeasterly on a curve to the left with a radius of 176.00' and an arc length of 68.03', more or less, to a point; Thence S00º16’55"W a distance of 249.47’, more or less, to a Property Corner with LS Cap 4225 which is the NE corner of Lot 18 of Block 3 of Tyler Knue Subdivision; Thence N89º43’05"W a distance of 135.00’, more or less, along the north property line of Lot 18 of Block 3 of Tyler Knue Subdivision, to a Property Corner with LS Cap 6119 which is the NW corner of Lot 18 of Block 3 of Tyler Knue Subdivision; Thence N89º43’05"W a distance of 52.00’, more or less, to a Property Corner with LS Cap 6119 which is the NE corner of Lot 9 of Block 1 of Tyler Knue Subdivision; Thence N89º43’05"W a distance of 170.00’ along the north property line of Lot 9 of Block 1 of Tyler Knue Subdivision, more or less, to the Point of Beginning, located west of Mall Ridge.

138.    LF061301-03 - Approve Resolution Declaring Property Surplus, Establishing Its Fair Market Value, Setting the Terms of Sale, and Authorizing its Sale.

139.    LF061301-04 - Approve Health Care Plan Stop Loss Coverage Renewal.

140.    LF061301-05 - Authorize Mayor and Finance Officer to Sign Agreement with Martin Jurisch & Associates for the City's annual auction to be held on Saturday, July 14, 2001.

141.    LF061301-06 - Approve Resolution Declaring Property Surplus.

142.    Approve the following abatement: Barbara Gales, 2001, $109.14.

143.    Approve the following licenses: Plumbing Apprentice: Chadwick Raverty; Plumber: Shane Devine; Residential Contractor: EXTREME Contracting, Chad D. Gollnick; Security Business: Security One Systems, Leslie Ann Colombe.

144.    LF061301-09 - Approve Contract Amendment with Dak-Soft for additional services (training and newsletter) - E-Government.

145.    LF061301-10 - Authorize Mayor and Finance Officer to sign the year 2001-02 Certified Local Government Grant Application and Associated Federal Assurances (Historic Preservation Commission).

146.    Eliminate the Informational Committee meetings which are held on the second Monday of each month and to cover the informational items normally put on that agenda at the Public Works and Legal and Finance committee meetings.

147.    LF061301-11 - Approve appointment of Jeff Holgate and Katherine Langefeld to the Rapid City Historic Preservation Commission.

148.    LF061301-12 - Approve appointment of Dave Davis to the Rushmore Plaza Civic Center Board.

149.    LF061301-13 - Approve appointment of Jim Muellenberg and Don Dubej to the Electrical Board.

150.    Approve appointment of Jason Green as Assistant City Attorney I.

151.    Approve appointment of John Herr to the Zoning Board of Adjustment.

End of Consent Calendar

PUBLIC HEARINGS

152.    No. CC061801-01 - Resolution Levying Assessment for Miscellaneous Property Cleanup

153.    No. CC061801-02 – Resolution of Necessity for 38th Street Sewer Extension Project SS01-1080

154.    No. CC061801-03 – Resolution of Necessity for 42nd Street Sanitary Sewer Extension Project SS01-1050

PLANNING DEPARTMENT CONSENT ITEMS

155.    No. 99PL120 - A request by Gary Renner for Larry Teuber for a Preliminary and Final Plat on Lots 1, 2, 3 and 4 of Block 4 of Spring Canyon Estates (formerly Lot 2B & Lot 1 of Block 1 of Spring Canyon Estates and the NE1/4 of the SW1/4) located in the SW1/4 of the NW1/4, the NW1/4 of the SW1/4 and in the NE1/4 of the SW1/4 of Section 5, T1S, R7E, BHM, Pennington County, South Dakota, located at the southern terminus of Clarkson Road.

156.    No. 00PL076 - A request by Doug Sperlich for Gary Rasmusson for a Preliminary and Final Plat on Lot 26 of Block 23 and Lot 6 of Block 24 of Robbinsdale Addition No. 10 (formerly a portion of Tract A of Robbinsdale Addition No. 10 and a portion of the NE1/4 of the SE1/4 of Section 13) located in the NE1/4 of the SE1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Maple Avenue and East Minnesota Street.

157.    No. 00PL097 - A request by Doug Sperlich for Gary Rasmusson for a Preliminary and Final Plat on Lots 15, 16 and 17 of Block 28 of Robbinsdale Addition No. 10 located in the NE1/4 of the SW1/4 of Section 13, T1N, R7E,BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Annamaria Drive and Alta Vista Drive.

158.    No. 00PL100 - A request by Rick Kahler for South Elm Development LLC for a Layout, Preliminary and Final Plat on Lot BR and Lot C of the N1/2 of Government Lot 4 (formerly a portion of Lot B of the N1/2 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 approximately 1/4 mile south of the intersection of Minnesota Street and Parkview Drive.

159.    No. 00PL110 - A request by Renner & Sperlich Engineering for Buescher Frankenberg Assoc. Inc. for a Preliminary and Final Plat on Lots A & B of Lot 5R of Meridian Subdivision (formerly Lot 4B and Lot 5R of Meridian Subdivision) located in the SW1/4 of the SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Anamosa Street and LaCrosse Street.

160.    No. 00PL118 - A request by FMG, Inc. for Dean Kelly Construction for a Final Plat on Lots 1 through 14 of Sunshine Hills Subdivision and dedicated public right of way shown as Sunshine Trail, Coneflower Lane and Sheridan Lake Road, formerly Lots 1, 2 and 3 of the SE1/4 NE1/4 of Section 21, located in the SE1/4 of the NE1/4 of Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Wildwood Subdivision on the west side of Sheridan Lake Road.

161.    No. 00PL127 - A request by Dream Design, Inc. for Doyle Estes for a Preliminary & Final Plat on Tract B of Neff's Subdivision No. 4 located in the unplatted portion of the S1/2 NW1/4 SW1/4 of Section 3, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located north of Race Track Road and Elk Vale Road.

162.    No. 00PL133 - A request by ETS, Inc. for a Layout Plat on Lot 1, Lot 2, and Lot 3 of Tract 4 of Bradsky Subdivision No. 2 in the NW1/4 SW1/4 of Section 5, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on the east of Cambell Street north of East St. James Street.

163.    No. 01PL007 - A request by Fisk Engineering for John Skulborstad and Peter Torino for a Preliminary and Final Plat on Lot 1 of Lot F-1, Fish Hatchery Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the Cleghorn Fish Hatchery on U.S. Highway 44 West.

164.    No. 01PL009 - A request by James Letner for a Final Plat on Lots 1 and 2 and dedicated ROW of Debra Subdivision, (formerly Lots B & C of Lot 2 of Outlot 2 of the SE1/4 of the SW1/4 of Section 4, T1N, R7E, BHM and a portion of Debra Drive ROW) located in the SE1/4 of the SW1/4, Section 4, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Clifton Street and Debra Drive.

165.    No. 01PL013 - A request by G & R, Inc. for a Final Plat on Lots 22 thru 24, Block 6, Lots 9 thru 11, Block 8 and Lots 14 thru 16, Block 9 of Scenic Valley Subdivision, formerly: SE1/4 of NE1/4 of Section 10, T1N, R8E, BHM less Scenic Valley Subdivision and ROW and the balance of Tract A of Scenic Valley Subdivision all located in SE1/4 NE1/4 and NE1/4 NE1/4 Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of Leroy Street and Basswood Street.

166.    No. 01PL017 - A request by Renner & Sperlich Engineering for Jim's Plumbing & Heating for a Layout, Preliminary and Final Plat on Lot 14A Revised and Lot 14B Revised of Block 1 of Parkridge Village Subdivision No. 2 (formerly Lot 14A & Lot 14B of Block 1 of Parkridge Village Subdivision No. 2) located in the SW1/4 of the NE1/4, Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3756 and 3758 Olympic Court.

167.    No. 01PL019 - A request by Doug Sperlich for Jeffrey L. Devine for a Layout Plat on Lots 1 and 2 of Devine Subdivision (formerly Tract B less Lot H1 of Tract B) located in SW1/4 of the SW1/4, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southeast corner of intersection of Cambell Street and Philadelphia Street.

168.    No. 01PL020 - A request by Fisk Land Surveying for Wisdom, Inc. for a Lot Split on Lot 1 Revised, Wisdom Subdivision, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2321 N. LaCrosse Street.

169.    No. 01PL024 - A request by Renner & Sperlich Engineering for Gordon Howie for a Layout, Preliminary and Final Plat on Lot A, Block 16, Trailwood Village Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located south of the intersection of Covington Street and O'Brien Street.

170.    No. 01PL025 - A request by Richard E. Huffman for Bill Gikling and Ken Lipp for a Preliminary and Final Plat on Lots 10A, 10B and 10C of GLM Subdivision, Section 28, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 3110 Eglin Street.

171.    No. 01PL031 - A request by Dream Design International, Inc. for a Layout Plat on Proposed Northbrook Village in the SE1/4 SE1/4, Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located one quarter mile east of the intersection of Haines Avenue and Country Road lying north of Country Road.

172.    No. 01PL032 - A request by Renner & Sperlich Engineering for Gordon Howie for a Preliminary and Final Plat on Lot B1 of Trailwood Village (formerly a portion of Tract T of Trailwood Village) located in the E1/2 of the SW1/4 of Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located 300 feet north of the intersection of East Highway 44 and Covington Street.

173.    No. 01PL033 - A request by Renner & Sperlich Engineering for Gustafson Builders for a Preliminary and Final Plat on Lot 2 of Old Rodeo Subdivision located in the N1/2 of the SW1/4 of Section 26, T1N, R7E, BHM, Pennington County, South Dakota, located one quarter mile south of South Highway 16 and Catron Boulevard.

174.    No. 01PL038 - A request by Dream Design International for a Preliminary and Final Plat on Lot 1 of Lamb Subdivision located in SE1/4 of NE1/4 of Section 15, T1N, R8E, BHM, Pennington County, South Dakota, located at the southwest corner of Reservoir Road and S.D. Highway 44.

175.    No. 01PL039 - A request by Ron & Mary Ann Davis for a Layout Plat on Tract F of the NW1/4 of Section 14, T1N, R8E, BHM, Pennington County, South Dakota, located east of the intersection of Reservoir Road and Long View Drive on the south side of Long View Drive.

176.    No. 01PL040 - A request by Gary Renner for Larry Teuber for a Layout Plat on Lot A Revised of Block 2 and Lots 1R, 6R and 7R of Block 3 of Spring Canyon Estates (Lot A Revised of Block 2: formerly Lot A of Lot 1 of Revision No. 1 of Block 2 and a portion of Lot B of Lot 1 of Revision No. 1 of Block 2; Lot 1R: formerly Lot 1 of Block 3 and Vacated Right-Of-Way Lot 6R: formerly Lot 6 of Block 3 and a portion of Vacated Right-Of-Way and a portion of Lot B and Lot 1 of Revision No. 1 of Block 2; Lot 7R: formerly Lot 7 of Block 3 and a portion of Vacated Right-Of-Way and a portion of Lot B of Lot 1 of Revision No. 1 of Block 2, all located in Spring Canyon Estates) located in Government Lot 3 and Government Lot 4, Section 5, T1S, R7E, BHM, Pennington County, South Dakota, located approximately 1 and 1/2 miles south of the intersection of Sheridan Lake Road and Clarkson Road.

177.    No. 01PL041 - A request by FMG for William Freytag for a Final Plat on Lots 10 through 22 of Block 1, Lots 19 through 23 of Block 3, Lots 1 through 5 of Block 4, Lot 1 of Block 5 of Tyler Knue Subdivision and dedicated public right-of-way all located in NW1/4 NW1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Mall Ridge.

178.    No. 01PL042 - A request by Fisk Land Surveying for Builders Preferred for a Preliminary and Final Plat on Lots 9 through 24 and Lot 26R in Block 2 of Terracita Highlights Subdivision and dedicated right-of-way located in the S1/2 NE1/4 of Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the current southern terminus of City View Drive.

179.    No. 01PL043 - A request by Fisk Land Surveying for Builders Preferred for a Lot Split on Lots A, B, C and D of Lot 18 of Block 1 of Terracita Highlights Subdivision formerly all of Lot 18 of Block 1 of Terracita Highlights Subdivision, located in Section 14, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of City View Drive and Fox Run Drive.

180.    No. 01PL044 - A request by Fisk Land Surveying for Ken Berglund for a Preliminary and Final Plat on Lots 1, 2 and 3 of Squirrelly Acres Subdivision located in the NE1/4 SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5501 Berglund Road.

181.    No. 01PL045 - A request by Doug Sperlich for Pat Tlustos for a Preliminary and Final Plat on Lot 2R of Block 28 of Robbinsdale Addition No. 10 (formerly Lot 2 of Block 28, Lot 2R of Block 17 and a portion of Tract C all in Robbinsdale Addition No. 10) located in the NE1/4 of the SW1/4 and in the SE1/4 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western end of Anamaria Drive.

182.    No. 01PL046 - A request by Centerline for Double E, LLC for a Final Plat on Lots 1 thru 4 of Block 1; and ROW of Willowbend Road, Willowbend Place, and temporary ingress egress easement located in the N1/2 of the SW1/4 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Willowbend Road and Willowbend Place.

183.    No. 01PL047 - A request by Fisk Land Surveying for Ken Berglund for a Layout Plat on Lot 4 of Squirrelly Acres Subdivision located in the NE1/4 SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5501 Berglund Road.

184.    No. 01PL048 - A request by Doug Sperlich for Dennis Zandstra for a Preliminary and Final Plat on Lot 2R of Block 9 of Elks Country Estates (formerly Lot 2 of Block 9 of Elks Country Estates and a portion of Tract 1 of the E1/2 of Section 16) located in E1/2 of Section 16, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southeast of the intersection of Willowbend Road and Crosswater Drive.

END OF PLANNING CONSENT CALENDAR

PLANNING DEPARTMENT - HEARINGS

185.    No. 01CA010 - A request by City of Rapid City for an Amendment to the Comprehensive Plan to change the land use designation on a .60 acre parcel from Agricultural Land Use designation to General Commercial Land Use designation on Lot C of the NW1/4 SW1/4 less right of way, Section 17, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 4302 S. Highway 79.

186.    No. 01CA012 - A request by Wyss Associates, Inc. for W.E.B. Partners for an Amendment to the Comprehensive Plan to change the land use designation on a 35.34 acre parcel from Limited Agriculture, Agriculture, Forest to Residential on property described by metes and bounds beginning from a point 597.31 feet at a bearing S 89º 39’ 0" East from the SW corner of NW1/4 of SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, travel 504.33 feet at a bearing N 62º 30’ 29" East, then travel 343.09 feet at a bearing North, then travel 319.54 feet at a bearing N 50º 52' 56" East, then travel 129.80 feet at a bearing North, then travel 482.32 feet at a bearing S 45º E, then travel 178.19 feet along a 230 foot radius curve with a chord bearing S 0º 8’ 58" West, then travel 431.35 feet at a bearing S 22º 2’ 42" East, then travel 1197.82 feet at a bearing N 89º 39’ 0" West to the point of start, containing approximately 11.58 acres, and property described by metes and bounds beginning from a point at SW corner of the NW1/4 of the SE1/4 of Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, travel 588.52 feet at a bearing N 0º 21’ 0" East, then travel 10.53 feet at a bearing S 89º 51’ 16" East, then travel 77.31 feet along a 126 foot radius LHF curve with a chord bearing S 72º 25’ 20" East, then travel 65.70 feet along a 74 foot radius RHF curve with a chord bearing S 80º 16’ 49" East, then travel 239.65 feet at a bearing N 10º 42’ 7" West, then travel 259.99 feet at a bearing N 0º 21’ 0" East, then travel 106.97 feet at a bearing N 34º 54’ 43" East, then travel 115.00 feet at a bearing N 5º 14’ 58" West, then travel 67.43 feet at a bearing N 9º 59’ 31" East, then travel 813.33 feet at a bearing S 89º 39’ 0" East, then travel 392.20 feet at a bearing S 0º 21’ 0" West, then travel 65.15 feet at a bearing East, then travel 692.59 feet at a bearing South, then travel 504.33 feet at a bearing S 62º 30’ 29" West, then travel 597.31 feet at a bearing N 89º 39’ 0" West, to the point of start, containing approximately 27.65 acres, located west of the western terminus of Fairmont Boulevard and north of Tower Road.

187.    No. 00PD057 - A request by SDC, Inc. for a Major Amendment to a Planned Commercial Development to allow a motel and restaurant on Tract A Revised, Tract C Revised and Tract D, Walpole Heights Subdivision, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2710 Mount Rushmore Road.

188.    No. 01PD003 - A request by Fisk Engineering for John Skulborstad and Peter Torino for a Planned Commercial Development - Initial and Final Development Plan on Lot 1 of Lot F-1, Fish Hatchery Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the Cleghorn Fish Hatchery on U.S. Highway 44 West.

189.    No. 01PD012 - A request by City of Rapid City for a Planned Development Designation on Lot C of NW1/4 SW1/4 less right-of-way, Section 17, T1N, R8E, BHM, Pennington County, South Dakota, located at 4302 S. Highway 79.

190.    No. 01PD023 - A request by Doug Sperlich for Pat Tlustos for a Major Amendment to a Planned Commercial Development to increase the boundaries on Lot 2R of Block 28 of Robbinsdale Addition No. 10 (formerly Lot 2 of Block 28, Lot 2R of Block 17 and a portion of Tract C all in Robbinsdale Addition No. 10) located in the NE1/4 of the SW1/4 and in the SE1/4 of the NW1/4 of Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the western end of Anamaria Drive.

191.    No. 01PD024 - A request by Auto Body Crafters, Inc. for a Major Amendment to a Planned Commercial Development to revise the sign package on Lot 5, SSJE Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1410 Jess Street.

192.    No. 01PD025 - A request by Rapid City Regional Hospital for a Planned Commercial Development - Initial and Final Development Plan on Tract B and Tract AR-1, Regional Hospital Addition, Section 12, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 353 Fairmont Boulevard and 2908 Fifth Street.

193.    No. 01PD026 - A request by Fisk Land Surveying for Ken Berglund for a Planned Residential Development - Initial Development Plan on a tract of land located in the NE1/4 SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of the Southeast One-Quarter of the previously described property, said point being along the easterly line of Section Twenty-Two and coincident with the ¼ Section Line; Thence, southerly along the Section Line, S 00 degrees, 03 minutes, 25 seconds E, a distance of 836.82 feet; Thence, S 89 degrees, 57 minutes, 28 seconds W, a distance of 299.41 feet; Thence, N 00 degrees, 00 minutes, 00 seconds W, a distance of 187.14 feet; Thence, N 52 degrees, 14 minutes, 07 seconds W, a distance of 214.26 feet; Thence, N 52 degrees, 14 minutes, 07 seconds W, a distance of 41.37 feet; Thence, N 23 degrees, 00 minutes, 00 seconds E, a distance of 100.56 feet; Thence, N 23 degrees, 00 minutes, 00 seconds E, a distance of 432.55 feet to a point on the ¼ Section Line; Thence, easterly along said ¼ Section Line, N 89 degrees, 28 minutes, 31 seconds E, a distance of 259.25 feet; Thence, continuing easterly along said ¼ Section Line, N 89 degrees, 34 minutes, 29 Seconds E, a distance of 33.12 feet to the point of beginning. Said tract of land contains 7.2 acres, more or less, located at 5501 Berglund Road.

194.    No. 01PD027 - A request by Fisk Land Surveying for Ken Berglund for a Planned Residential Development - Initial Development Plan on a tract of land located in the NE1/4 SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of the Southeast One-Quarter of the previously described property, said point being along the easterly line of Section Twenty-Two and coincident with the ¼ Section Line; Thence, westerly along the ¼ Section Line, S 89 degrees, 34 minutes, 29 seconds W, a distance of 33.12 feet; Thence, continuing westerly along the ¼ Section Line, S 89 degrees, 28 minutes, 31 seconds W, a distance of 259.25 feet to the point of beginning; Thence, S 23 degrees, 00 minutes, 00 seconds W, a distance of 432.55 feet; Thence, S 23 degrees, 00 minutes, 00 seconds W, a distance of 100.56 feet; Thence, S 52 degrees, 14 minutes, 07 seconds E, a distance of 41.37 feet; Thence, S 52 degrees, 14 minutes, 07 seconds E, a distance of 214.26 feet; Thence, S 00 degrees, 00 minutes, 00 seconds E, a distance of 187.14 feet; Thence, S 89 degrees, 57 minutes, 28 seconds W, a distance of 1011.07 feet to the 1/16th Section Line; Thence, northerly along said 1/16th Section Line, N 00 degrees, 02 minutes, 18 seconds E, a distance of 234.10 feet; Thence, continuing northerly along said 1/16th Section Line, N 00 degrees, 02 minutes, 18 seconds E, a distance of 548.32 feet; Thence, continuing northerly along said 1/16th Section Line, N 00 degrees, 02 minutes, 18 seconds E, a distance of 43.00 feet to the ¼ Section Line; Thence, easterly along said ¼ Section Line, N 89 degrees, 26 minutes, 06 seconds E, a distance of 621.74 feet; Thence, continuing easterly along said ¼ Section Line, N 89 degrees, 28 minutes, 31 seconds E, a distance of 395.04 feet, to the point of beginning. Said tract of land contains 17.79 acres, more or less, located at 5501 Berglund Road.

195.    No. 01SV005 - A request by Fisk Engineering for John Skulborstad and Peter Torino for a Variance to the Subdivision Regulations to waive the requirement for sewer, water, street light conduit and sidewalks on Lot 1 of Lot F-1, Fish Hatchery Subdivision, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of the Cleghorn Fish Hatchery on U.S. Highway 44 West.

196.    No. 01SV009 - A request by Fisk Land Surveying for Ken Berglund for a Variance to the Subdivision Regulations to waive the requirements for paving, curb, gutter, sidewalk, dry sewer and street light conduit on Lots 1-4 of Squirrelly Acres Subdivision located in the NE1/4 SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5501 Berglund Road.

197.    No. 01UR020 - A request by Lawrence Lynde for a Use on Review to allow a garage in excess of 1000 square feet on Lot 8, Block 9, Cloverdale Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2210 Hoefer Avenue.

198.    No. 01UR021 - A request by Moyle Petroleum Company for a Use On Review to allow a Car Wash in the Neighborhood Commercial Zoning District in accordance with Section 17.20.030I of the Rapid City Municipal Code on Lot 1 of Sheridan Park Subdivision, Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2808 Sheridan Lake Road.

199.    No. 01UR023 - A request by Chris Larson for Outback Steakhouse for a Major Amendment to a Use On Review for an on-sale liquor establishment to allow temporary outdoor seating on Lot 2 of Tract E of Marshall Heights Subdivision No. 2, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 665 East Disk Drive.

200.    No. 01UR025 - A request by M & K Consulting for Western Wireless Corp. for a Use On Review to allow a communication tower in the General Commercial Zoning District on Lot A, Block 12, Providence Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2449 West Chicago.

201.    No. 01UR026 - A request by M & K Consulting for Western Wireless Corp. for a Use On Review to allow a communication tower in the General Commercial Zoning District on Lot 2, Block 9, McMahon Industrial Park No. 2, Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3060 Haines Avenue - Duffield Construction Shop.

202.    No. 01UR027 - A request by M & K Consulting for Western Wireless Corp for a Use On Review to allow a communication tower in the General Agriculture Zoning District on W1/2 NE1/4, Section 29, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located between St. Martins Drive and Hidden Valley Road west of S.D. Highway 79.

203.    No. 01UR028 - A request by Joe Mustard for Native American Heritage Association for a Use On Review to allow a Mission in the Central Business District on Lots 1-7, Block 96, Original Town of Rapid City, Section T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 405 Saint Joseph Street.

204.    No. 01VR001 - A request by The Nature Conservancy for a Vacation of Right-of-way on that portion of Clarkson Road containing 1.745 acres, more or less, adjacent to Lot 1 of Block 1 of Spring Canyon Estates, located in the NW1/4 of the SW1/4, Section 5, T1S, R7E, as shown in plat filed in steel file and adjacent to Spring Creek Canyon Park of Copper Oaks No. 1 Subdivision, located in the NW1/4 of the SW1/4, Section 5, T1S, R7E, as shown in Plat Book 15 Page 121, Pennington County, South Dakota, located at the western terminus of Clarkson Road.

ORDINANCES & RESOLUTIONS

205.    No. 01RZ001 – Second Reading, Ordinance 3641, a request by Fisk Engineering for John Skulborstad for a Rezoning from the Park Forest District to the Office Commercial District on a portion of Lot F-1 of Fish Hatchery Subdivision, located in the N1/2 of the SE1/4 and in the NE1/4 of the SW1/4 of Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of Lot F-1 of Fish Hatchery Subdivision; Thence, S 51 degrees 31 minutes 28 seconds W, a distance of 210.39 feet more or less, along the Highway 44 Right-of-Way to a point of curvature; Thence, following the Highway 44 Right-of-Way along a curve to the right, said curve has a radius of 1095.92 feet and a length of 110.78 feet, chord bearing of S 54 degrees 23 minutes 15 seconds W, a chord distance of 110.73 feet more or less; Thence, N 42 degrees 46 minutes 16 seconds W, 268.89 feet more or less to the north line of Lot F-1 of Fish Hatchery Subdivision; Thence, S 89 degrees 44 minutes 15 seconds E, 437.33 feet more or less, along the north line of Lot F-1 to the point of beginning. Said tract of land contains 1.00 Acres, more or less, located west of the intersection of Jackson Boulevard and Chapel Lane.

206.    No. 01RZ008 – Second Reading, Ordinance 3655, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot C of NW1/4 SW1/4 less right-of-way, Section 17, T1N, R8E, BHM, Pennington County, South Dakota, located at 4302 S. Highway 79.

207.    No. 01OA005 - Second Reading, Ordinance 3671 entitled An Ordinance Amending Section 17.22.020(D) of Chapter 17.22 of the Rapid City Municipal Code by Adding a New Subsection 13 to Allow Indoor Storage of Class III(B) Combustible Liquids as a Use Permitted in the Light Industrial Zoning District.

208.    LF061301-07 - First Reading, Ordinance 3676 entitled An Ordinance Amending Section 12.20.020 of the Rapid City Municipal Code by Deleting the Sunset Provision Relating to Certain Signs and Facilities to be Placed Upon Certain Sidewalks under Certain Conditions When Authorized by the City Council.

209.    No. 01RZ023 – Second Reading, Ordinance 3677, a request by Doug Sperlich for Pat Tlustos for a Rezoning from Low Density Residential District to Office Commercial District on a portion of Tract C of Robbinsdale Addition No. 10 located in the NE1/4 of NE1/4 of SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota more fully described as follows: Commencing at the corner of Lot 2 of Block 28 of Robbinsdale Addition No. 10, common with the northeasterly corner of Lot 3 of Block 28 of Robbinsdale No. 10, said point being an angle point of said Tract C of Robbinsdale Addition No. 10, and the Point of Beginning; Thence, first course: N73º18’00"E, along the boundary common to said Tract C, and said Lot 2 of Block 28, a distance of 125.00 feet; Thence, second course: N03º34’00"E, along the boundary common to said Tract C, and said Lot 2 of Block 28, a distance of 66.68 feet, to the corner common to said Lot 2 of Block 28, said Tract C, and Lot 2R of Block 17 of Robbinsdale Addition No. 10; Thence, third course: N44º15’12"E, along the boundary common to said Lot 2R of Block 17, and said Tract C, a distance of 136.45 feet, to the corner common to said Lot 2R of Block 17, Lot 1R of Block 17, and said Tract C; Thence, fourth course: S36º32’40"E, along the boundary common to said Tract C, and said Lot 1R of Block 17, a distance of 75.98 feet; Thence, fifth course: S44º15’12"W, a distance of 200.49 feet; Thence, sixth course: S73º18’00"W, a distance of 149.57 feet to a point on the boundary common to said Lot 3 of Block 28, and said Tract C; Thence, seventh course: N21º40’00"E, along the boundary common to said Lot 3 of Block 28, and said Tract C, a distance of 51.02 feet to the corner common to said Lot 3 of Block 28, and said Lot 2 of Block 28, and the Point of Beginning; Said Parcel contains 18,367 square feet or 0.422 acres more or less, located at the western end of Anamaria Drive.

210.    No. 01RZ024 – Second Reading, Ordinance 3678, a request by Fisk Land Surveying for Ken Berglund for a Rezoning from General Agriculture District to Park Forest District on a tract of land located in NE1/4 SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of the Southeast One-Quarter of the previously described property, said point being along the easterly line of Section Twenty-Two and coincident with the ¼ Section Line; Thence, westerly along the ¼ Section Line, S 89 degrees, 34 minutes, 29 seconds W, a distance of 33.12 feet; Thence, continuing westerly along the ¼ Section Line, S 89 degrees, 28 minutes, 31 seconds W, a distance of 259.25 feet to the point of beginning; Thence, S 23 degrees, 00 minutes, 00 seconds W, a distance of 432.55 feet; Thence, S 23 degrees, 00 minutes, 00 seconds W, a distance of 100.56 feet; Thence, S 52 degrees, 14 minutes, 07 seconds E, a distance of 41.37 feet; Thence, S 52 degrees, 14 minutes, 07 seconds E, a distance of 214.26 feet; Thence, S 00 degrees, 00 minutes, 00 seconds E, a distance of 187.14 feet; Thence, S 89 degrees, 57 minutes, 28 seconds W, a distance of 1011.07 feet to the 1/16th Section Line; Thence, northerly along said 1/16th Section Line, N 00 degrees, 02 minutes, 18 seconds E, a distance of 234.10 feet; Thence, continuing northerly along said 1/16th Section Line, N 00 degrees, 02 minutes, 18 seconds E, a distance of 548.32 feet; Thence, continuing northerly along said 1/16th Section Line, N 00 degrees, 02 minutes, 18 seconds E, a distance of 43.00 feet to the ¼ Section Line; Thence, easterly along said ¼ Section Line, N 89 degrees, 26 minutes, 06 seconds E, a distance of 621.74 feet; Thence, continuing easterly along said ¼ Section Line, N 89 degrees, 28 minutes, 31 seconds E, a distance of 395.04 feet, to the point of beginning. Said tract of land contains 17.79 acres, more or less, located at 5501 Berglund Road.

211.    No. 01RZ025 – Second Reading, Ordinance 3679, a request by Fisk Land Surveying for Ken Berglund for a Rezoning from General Agriculture District to Medium Density Residential District on a tract of land located in NE1/4 SE1/4 of Section 22, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the northeast corner of the Southeast One-Quarter of the previously described property, said point being along the easterly line of Section Twenty-Two and coincident with the ¼ Section Line; Thence, southerly along the Section Line, S 00 degrees, 03 minutes, 25 seconds E, a distance of 836.82 feet; Thence, S 89 degrees, 57 minutes, 28 seconds W, a distance of 299.41 feet; Thence, N 00 degrees, 00 minutes, 00 seconds W, a distance of 187.14 feet; Thence, N 52 degrees, 14 minutes, 07 seconds W, a distance of 214.26 feet; Thence, N 52 degrees, 14 minutes, 07 seconds W, a distance of 41.37 feet; Thence, N 23 degrees, 00 minutes, 00 seconds E, a distance of 100.56 feet; Thence, N 23 degrees, 00 minutes, 00 seconds E, a distance of 432.55 feet to a point on the ¼ Section Line; Thence, easterly along said ¼ Section Line, N 89 degrees, 28 minutes, 31 seconds E, a distance of 259.25 feet; Thence, continuing easterly along said ¼ Section Line, N 89 degrees, 34 minutes, 29 Seconds E, a distance of 33.12 feet to the point of beginning. Said tract of land contains 7.2 acres, more or less, located at 5501 Berglund Road.

212.    No. 01RZ026 – Second Reading, Ordinance 3680, a request by FMG for William Freytag for a Rezoning from No Use District to Low Density Residential-II District on a tract of land located in the NW 1/4 of NW 1/4 of Section 24, T2N, R7E, BHM, Pennington County, South Dakota more particularly described as follows: Commencing at a point which is a property corner with LS Cap 6119 which is the northwest corner of Lot 9 of Block One of Tyler Knue Subdivision in NW 1/4 of NW 1/4 of Section 24, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, Thence N00º16’55"E a distance of 77.12’, more or less, to a point; Thence N13º44’34"W a distance of 107.66’, more or less, to a point; Thence S66º12’08"W a distance of 303.51’, more or less, to a point; Thence N89º32’23"W a distance of 279.98’, more or less, to a point; Thence N00º27’37"E a distance of 121.67’, more or less, to a point; Thence N45º26’14"E a distance of 159.30’, more or less, to a point; Thence S44º33’46"E a distance of 12.36’, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 226.00’ and an arc length of 57.47’, more or less, to a point; Thence N45º57’12"E a distance of 54.45’, more or less, to a point; Thence southeasterly on a curve to the left with a radius of 174.00' and an arc length of 47.61', more or less, to a point; Thence N14º08’42"E a distance of 198.01’, more or less, to a point; Thence N66º41’34"E a distance of 83.60’, more or less, to a point; Thence N89º50’49"E a distance of 60.59’, more or less, to a point; Thence S89º48’39"E a distance of 205.71’, more or less, to a point; Thence N00º18’52"E a distance of 132.00’, more or less, to a point; Thence S89º41’08"E a distance of 52.00’, more or less, to a point; Thence S00º18’52"W a distance of 119.00’, more or less, to a point; Thence S89º41’08"E a distance of 135.00’, more or less, to a point; Thence S00º18’52"W a distance of 147.34’, more or less, to a point; Thence southeasterly on a curve to the right with a radius of 124.00' and an arc length of 71.73', more or less, to a point; Thence southeasterly on a curve to the left with a radius of 176.00' and an arc length of 68.03', more or less, to a point; Thence S00º16’55"W a distance of 249.47’, more or less, to a Property Corner with LS Cap 4225 which is the NE corner of Lot 18 of Block 3 of Tyler Knue Subdivision; Thence N89º43’05"W a distance of 135.00’, more or less, along the north property line of Lot 18 of Block 3 of Tyler Knue Subdivision, to a Property Corner with LS Cap 6119 which is the NW corner of Lot 18 of Block 3 of Tyler Knue Subdivision; Thence N89º43’05"W a distance of 52.00’, more or less, to a Property Corner with LS Cap 6119 which is the NE corner of Lot 9 of Block 1 of Tyler Knue Subdivision; Thence N89º43’05"W a distance of 170.00’ along the north property line of Lot 9 of Block 1 of Tyler Knue Subdivision, more or less, to the Point of Beginning, located west of Mall Ridge.

213.    No. 01RZ027 – Second Reading, Ordinance 3681, a request by City of Rapid City for a Rezoning from No Use District to General Agriculture District on a tract of land located in the NE1/4 of the SE1/4 and the SE1/4 of the SE1/4, Section 29, T1N, R7E, BHM, Pennington County, South Dakota, more particularly described as follows: Beginning at the Northwest corner of the NE1/4 of the SE1/4, Section 29, T1N, R7E, BHM, Pennington County, South Dakota, thence S0º01’18"W a distance of 233.36 feet along the 1/16 line, to the point of beginning; thence, S11º16’08"E a distance of 329.83 feet; thence, S15º31’41"E a distance of 177.40 feet; thence, along a circular curve to the left with a radius of 1644.56 feet a distance of 292.92 feet, thence, S25º40’52"E a distance of 661.18 feet to the north right-of-way line of Sheridan Lake Road; thence, following the north right-of-way line of Sheridan Lake Road along a circular curve to the left with a radius of 1472.39 feet a distance of 286.48 feet, thence, S70º30’23"W a distance of 238.20 feet; thence, N0º00’27"W a distance of 417.58 feet; thence, N0º01’18"E a distance of 1094.65 feet to the point of beginning. The above described property is located in the NE1/4 of the SE1/4 and the SE1/4 of the SE1/4, Section 29, T1N, R7E, BHM, Pennington County, South Dakota, and contains 7.244 acres, more or less, located at the northeast corner of the intersection of Muirfield Drive and Sheridan Lake Road.

214.    No. 01VR001 - A request by The Nature Conservancy for a Vacation of Right-of-way on that portion of Clarkson Road containing 1.745 acres, more or less, adjacent to Lot 1 of Block 1 of Spring Canyon Estates, located in the NW1/4 of the SW1/4, Section 5, T1S, R7E, as shown in plat filed in steel file and adjacent to Spring Creek Canyon Park of Copper Oaks No. 1 Subdivision, located in the NW1/4 of the SW1/4, Section 5, T1S, R7E, as shown in Plat Book 15 Page 121, Pennington County, South Dakota, located at the western terminus of Clarkson Road.

215.    No. 01OA004 - First Reading, Ordinance 3683 entitled An Ordinance Amending Chapter 15.40 of the Rapid City Municipal Code by Adding Section 15.40.05, Amending Section 15.40.20 by Adding Subsections 15.40.20(b) and 15.40.20(c), Amending Section 15.40.30 by Adding Subsections 15.40.30(b) and 15.40.30(c) and Amending Section 15.40.40 by Adding Subsections 15.40.40(b) and 15.40.40(c) Pertaining to Retaining Walls and Fences.

216.    LF061301-14 - First Reading, Ordinance 3684 entitled An Ordinance Amending Section 15.28.20 of Chapter 15.28 of the Rapid City Municipal Code by Adding Murals to Definitions and Adding a New Section 15.28.205 Relating to Murals.

217.    No. 01RZ029 – First Reading, Ordinance 3685, a request by Stan Houston Equipment Co., Inc. for a Rezoning from General Commercial District to Light Industrial District on Tract C located in the SE1/4 SW1/4 of Section 27, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1210 Deadwood Avenue.

218.    No. 01RZ030 – First Reading, Ordinance 3686, a request by Centerline for Olsen Development Company for a Rezoning from No Use District to General Commercial District on property described by metes and bound beginning at the southeast corner of Tract 2 of Settler’s Landing Subdivision, located in SW1/4-SE1/4, Section 19, T2N, R8E, BHM, thence N00º08’27"E 230.00 feet, thence S89º51’33"E 122.88 feet, thence N00º03’24"E 388.20 feet, thence N85º02’35"E 1043.65 feet, thence N00º02’29"W 588.25 feet, thence N89º57’31"E 255.00 feet, thence S00º02’29"E 1157.00 feet, thence through a right hand curve with a delta angle of 90º10’59" and a radius of 159.49 feet, thence N89º51’33"W 1259.15 feet, thence N00º08’27"E 17.00 feet to the Point of Beginning. Said parcel containing 24.5565 acres more or less, located northwest of the intersection of Seger Drive and 143rd Street.

219.    No. 01RZ031 – First Reading, Ordinance 3687, a request by Centerline for Olsen Development Company for a Rezoning from No Use District to Office Commercial District on property described by metes and bounds beginning at the northeast corner of Parcel A Revision No. 1 of Settler’s Landing Subdivision located in SW1/4-SE1/4, Section 19, T2N, R8E, BHM, thence N00º03’24"E 1128.65 feet, thence S89º48’30"E 1275.26 feet, thence S00º02’29"E 177.37 feet, thence S89º51’E 17.00 feet, thence S00º02’29"E 639.70 feet, thence S89º57’31"W 255.00 feet, thence S00º02’29"E 588.25 feet, thence S85º02’35"W 1043.65 feet, thence N00º03’24"E, 371.35 feet to the Point of Beginning. Said parcel containing 39.3613 acres more or less, located northwest of the intersection of Seger Drive and 143rd Street.

220.    No. CC061801-05 - First Reading, Ordinance 3688, entitled An Ordinance Amending Section 8.08.020, Section 8.08.030, Section 8.08.060, Section 8.08.065, Section 8.08.070, Section 8.08.080, Section 8.08.090, Section 8.08.100, Section 8.08.110, Section 8.08.120, Section 8.08.130, Section 8.08.140, Section 8.08.150, Section 8.08.160, Section 8.08.170, Section 8.08.180, Section 8.08.190, Section 8.08.200, Section 8.08.210, Section 8.08.220, Section 8.08.230, Section 8.08.240, Section 8.08.250, Section 8.08.260, Section 8.08.270, Section 8.08.275, and Section 8.08.280 and Repealing Section 8.08.050 OF Chapter 8.08 of the Rapid City Municipal Code Relating to Garbage and Refuse

LEGAL & FINANCE COMMITTEE ITEMS

221.    Approve request to reconsider and deny without prejudice Rezoning No. 01RZ010 and Planned Development Designation No. 01PD012.

222.    Request from American Business Women's Association for permission to sell bottled water and iced tea in the public right of way during parades.

PUBLIC WORKS COMMITTEE ITEMS

SPECIAL ITEMS AND ITEMS FROM VISITORS

223.    Scott Mellendorf – Appeal Decision of the Police Department to Deny a Private Security License Application

224.    Curtis Aby – Appeal Decision of the Police Department to Deny a Security License Application

POLICE DEPARTMENT

PUBLIC WORKS DIRECTOR

CITY ATTORNEY

LIBRARY DIRECTOR

FINANCE OFFICER

225.    No. CC061801-04 - Resolution Amending the Plan for Projects and Programs to be Funded from the Rapid City Economic Development and Civic Improvements Fund.

BILLS

ADJOURN

Red Bar