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

August 20, 2001

MINUTES – Approve the minutes of August 6 and August 15, 2001.

BID OPENINGS

1.     No. CC082001-03 – Water Reclamation Facility Expansion Equipment Procurement – Ultraviolet Disinfection Project No. WRF01-1130 (Opened on August 14, 2001)

2.     No. CC0820901-04 – Water Reclamation Facility Expansion Equipment Procurement – Centrifuges Project No. WRF01-1131 (Opened on August 14, 2001)

3.    Fifth Street Panel Repair, Texas to St. Patrick Street, Project STCM01-1055 (Opened on August 16, 2001)

4.    Mary Hall park Bicycle Path Project PR01-1101 (Opened on August 16, 2001)

5.    Maple, Elk and Nevada Utility Reconstruction Project SSW01-884 (Opened on August 16, 2001)

6.    One New Current Model Year Self-Propelled Ice Rink Surfacing Machine for the Recreation Division (Opened on August 16, 2001)

MAYOR'S ITEMS

ALDERPERSON/LIAISON REPORTS

ALCOHOLIC BEVERAGE LICENSE APPLICATIONS

Hearings

7.     Martom Management, Inc. dba Days Inn, 725 Jackson Boulevard, for an On-Sale Liquor License Transfer (from US Motels SD, Inc.)

8.     South Dakota Vending, Inc. dba Happy Jacks Cambell Street, 1601 Cambell Street, for an On-Off Sale Malt Beverage License Transfer (from Jenco, Inc.)

9.     South Dakota Vending, Inc. dba Happy Jacks Downtown, 713 Omaha Street, for an On-Off Sale Malt Beverage License Transfer (from Jenco, Inc.)

10.     South Dakota Vending, Inc. dba Happy Jacks East, 909 E. St. Patrick Street, for an On-Off Sale Malt Beverage License Transfer (from Jenco, Inc.)

11.     South Dakota Vending, Inc. dba Happy Jacks West, 1925 W. Main Street, Suite 1, for an On-Off Sale Malt Beverage License Transfer (from Jenco, Inc.)

12.     Brinker Restaurant Corporation dba Chili’s Grill & Bar, 2125 N. Haines Avenue, for an On-Sale Liquor License Transfer (from Sydran Food Services, Inc.)

13.     Wyngard Pot-O-Gold Casino, Inc. dba Jackson Boulevard Casino, 2020 Jackson Boulevard, Suite 3, for an On-Off Sale Malt Beverage License Transfer (from 530 Cambell Street) (PLEASE ACKNOWLEDGE APPLICANT’S WITHDRAWAL)

Set for Hearing (September 4, 2001)

14.    Wal-Mart Stores, Inc. dba Wal-Mart Supercenter No. 1604, 1200 LaCrosse Street, for an Off-Sale Liquor License (New License-No Video Lottery)

15.    Restech Partners, Inc. dba TGI Fridays, 2205 North LaCrosse Street, for an On-Sale Liquor License Transfer (from Wal-East Development, Inc.)

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 (September 4, 2001)

16.    No. 01PD045 - A request by Dream Design International, Inc. for a Planned Residential Development - Initial and Final Development Plan on SE1/4 SE1/4 Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located at the northwest corner of the intersection of Country Road and Nike Road.

17.    No. 01PD046 - A request by Hagg Development for a Major Amendment to a Planned Unit Development on Lots 6RA, 6RB, 7RA, 7RB, 8RA, 8RB and 9R of Block 2 (formerly Lots 6, 7, 8 & 9 of Block 2) Section 26, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the intersection of Catron Boulevard and Wellington Drive.

18.    No. 01PD047 - A request by Richard O. Stahl for a Planned Residential Development - Final Development Plan on Lots 1-5 of Stahl Victorian Addition (formerly Tracts J, K, L, M and N of Lot 6 of Block 19, Boulevard Addition) of the N1/2 of Section 2, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of West Street and South Street.

19.    No. 01PD048 - A request by Geiger Architecture for Rapid City School District, West River Electric Association, William C. Gikling, and the State of South Dakota Department of Transportation for a Planned Development Designation on Lot 1, Less Lot H-1, Lot 2 and Lot 3 less Lot H-1, all in Block Two (2), Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 1, less the H lot in Lot 1, 2, 3 and 4 less the H-lot in Lot 4, in Block 1 of the Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 6 less the H lot in Lot 6, 7, 8 and 9 less the H-lot in Lot 9, in Block 1 of the Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot 2 of Lot D in NW1/4 of NE1/4; Lot C, School lot and lot RS all in Johnson School Subdivision in NW1/4 of NE1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot A of Lot 1 of Lot D, and Lot B of Lot 1 of Lot D, and Lot B, all in the NW1/4 NE1/4; and Lot A less the H lot in Lot A of the NE1/4 NW1/4 and Lot A less the H lot in Lot A of the NW1/4 NE1/4, all in Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of S.D. Highway 44 and Twilight Drive.

20.    No. 01UR044 - A request by M & K Consulting for Western Wireless Corp. for a Use On Review to allow a Cellular Communication Tower in the General Commercial Zoning District on Lot CR of Blocks 12-13, Providence Addition, Section 34, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 2449 West Chicago Street.

21.    No. 01UR045 - A request by Paul J. Bradsky for Wal-East Development, Inc. for a Use On Review to allow an On-Sale Liquor Establishment in conjunction with a full-service restaurant in the General Commercial Zoning District on Lot 1 Revised of Wisdom Subdivision, Section 30, 2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 2205 North LaCrosse Street.

22.    No. 01UR046 - A request by Randy and Bobbie Greenway for a Use On Review to allow a private residential garage in excess of 1000 square feet in the Low Density Residential Zoning District on Lot 3R Revised and Lot 4R Revision #2, Block 5, Canyon Lake Heights Subdivision, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 3204 Falls Drive.

23.    No. 01UR047 - A request by Terrell Adams for a Use On Review to allow a private residential garage in excess of 1000 square feet in the Medium Density Residential Zoning District on Lot 10, Madison's Subdivision, Section 13, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 4385 Haines Avenue.

Public Works Committee Items

24.    No. PW081501-01 –Award the Base Bid for PR01-1001, Little League Ballfield Lighting Project to the lowest responsible bidder meeting specifications, Muth Electric, Inc. for the low unit prices bid for a total contract amount of $385,388.

25.    No. PW081501-02 – Award the One (1) New Current Model Year Cargo Van for the Engineering Division to the responsible bidder meeting specifications, Gold Key GMC for the low unit price bid for a total contract amount of $23,100.

26.    No. PW081501-03 – Approve Change Order No. 03F for W00-895, Highland Park Drive Street & Utility Reconstruction Project to Heavy Constructors, Inc. (dba Excavating Specialists) for a decrease of $33,708.42.

27.    No. PW081501-04 – Approve Change Order No. 04 for IDP00-1008, Rapid City Club for Boys, Inc. Expansion 2000 to Heavy Constructors (dba Gustafson Builders) for an increase of $10,451.56.

28.    Authorize staff to advertise for bids for Magnesium Chloride (MGCL2) Liquid Road Deicer.

29.    No. PW081501-05 – Authorize staff to advertise for bids for Two (2) New Current Model Year Skid Steer Loaders for Street Division.

30.    No. PW081501-06 – Authorize staff to advertise for bids for ST01-812, Sycamore Street Reconstruction Project.

31.    No. PW081501-07 – Authorize staff to advertise for bids for W01-1058, Golden Eagle Drive Watermain Construction Project.

32.    No. PW081501-08 – Authorize the Mayor and Finance Officer to sign Amendment No. 02 to a Professional Service Agreement with TSP Three, Inc. to Design W00-956, Canyon Lake Drive Water Transmission Relocation & Utility Adjustment Project for an amount not to exceed $1,350.

33.    No PW081501-09 – Authorize the Mayor and Finance Officer to sign a Professional Service Agreement with Dream Design International, Inc. to Provide Construction Services for SS01-1086, Red Rock Estates Sanitary Sewer Lift Station Project for an amount not to exceed $22,400.

34.    No. 01VE013 – Approve a Vacation of Utility Easement for petitioners Brice and Ruth Denton on Lot 8, Block 3, H & H Estates Subdivision, Section 10, T1N, R8E, BHM, Pennington County, South Dakota, located at 2650 Covington Street.

35.    No. 01VE008 – Approve a Vacation of Utility and Minor Drainage Easements for petitioner Fisk Land Surveying for Harmony Heights Associates on Tracts A and B of Fountain View Subdivision, Section 26, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1851 Harmony Heights Lane.

36.    No. 01CA023 – Approve a Comprehensive Plan Amendment to the Major Street Plan as requested by Leo Hamm Family Ranch, LLC for the proposed removal of the minor arterial road and revise the location of the western (north-south) minor arterial in Section 28, T1N, R7E, BHM, from the Major Street Plan.

37.    No. PW081501-10 Approve an Assessment Project for Pine Street between Farnwood Avenue to Latrobe Street.

38.    Approve a travel request for Dan Bjerke, Public Works Director to attend the Water Environment Federation 74th Annual Conference & Exposition in Atlanta, GA, October 13 - 17, 2001 in the amount of $2,200.

Legal & Finance Committee

39.    No. LF081501-01 - Authorize Mayor and Finance Officer to Sign Contract for Professional Services with State of South Dakota.

40.    No. LF081501-02 – Approve travel request for David Christie and Todd "TJ" Nicolai to attend Hazardous Materials Technician Classes in Pueblo, CO, from 8/20 through 8/31 in the Amount of $6,082.48.

41.    No. LF081501-03 – Approve travel request for Randy Rearick to attend ARFF Chiefs' School & Airport Emergency Response School in Palm Springs, CA, from 10/21/01 through 10/27/01 in the Amount of $2,311.

42.    No. 01AN010 - Request by City of Rapid City for a Resolution of Annexation on Tract AR2 of Needles Subdivision, Lot A of Tucker Subdivision, Tract A of Meadow View Subdivision, the 40 foot wide Tucker Street ROW located in the SE1/4 NW1/4 NW1/4, and that portion of SE1/4 NW1/4 NW1/4 lying east of U.S. Highway 16 less right of way, all located within Section 26, T1N, R7E, BHM, Pennington County, South Dakota, located northeast of the intersection of U.S. Highway 16 and Catron Boulevard.

43.    No. 01TI003 - A request by City of Rapid City for a Resolution Dissolving Tax Increment District No. 25 on the following property: E1/2 NE1/4, Section 16, T1N, R7E, BHM, containing 80 acres more or less; and Lot 3 Pine View Terrace Subdivision, containing 6.222 acres more or less; and Lot 2 less Lot H1, Pine View Terrace Subdivision, containing 27.549 acres more or less; and Tract 2 & Tract 4, Pine View Terrace Subdivision, containing 36.470 acres more or less; and W1/2 NE1/4 SE1/4, Section 16, T1N, R7E, BHM, containing 20 acres more or less; and Lot 1, Pine View Terrace Subdivision, containing 3.220 acres more or less; and SE1/4 SE1/4 less Lot 1, Section 16, T1N, R7E, BHM, containing 36 acres more or less; and Lot 1 of SE1/4 SE1/4, Section 16, T1N, R7E, BHM, containing 3.00 acres more or less; and N1/2 NW1/4 NE1/4 less Lot in Block 1-3 of Parkridge Village, Section 16, T1N, R7E, BHM, containing 12.150 acres more or less; and Balance of W1/2 NE1/4 less Lot 1, Section 16, T1N, R7E, BHM, containing 23.340 acres more or less; and Lot 1 of SW1/4 NE1/4, Section 16, T1N, R7E, BHM, containing 3.030 acres more or less; and Lot C of E1/2 SW1/4 Section 16, T1N, R7E, BHM, containing 8.00 acres more or less; and N200’ of S940’ of W450’ of Tract A SE1/4 SW1/4, Section 16, T1N, R7E, BHM, containing 2.070 acres more or less; and Tract A in SE1/4 SW1/4 less N200’ of S940’ of W450’, Section 16, T1N, R7E, BHM, containing 28.34 acres more or less; and E1/2 NE1/4 SE1/4, Section 16, T1N, R7E, BHM, containing 20 acres more or less; all located in Section 16, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located north of Corral Drive and west of Arrowhead Country Club.

44.    No. 01AN015 - Direct staff to proceed with a proposal for annexation of property located off Deadwood.

45.    No. 01TP008 - Authorize Mayor and Finance Officer to sign Amendment No. 1 to Agreement 310734 between South Dakota Department of Transportation and the City of Rapid City for a contract funding increase in the amount of $70,000.

46.    Reject all bids for surplus property located at 531 East Philadelphia Street.

47.    No. LF081501-07 – Approve Resolution Fixing Time and Place for Hearing on Assessment Roll for Property Cleanup.

48.    No. LF081501-08 - Authorize Mayor and Finance Officer to sign Employee Assistance Program Agreement.

49.    No. LF081501-09 – Approve travel request for Adam Altman to Attend IMLA's 66th Conference in New Orleans, LA, from September 9, 2001, through September 12, 2001 in the Amount of $2,415.

50.    LF081501-10 – Approve the following Abatements: Steve H. or Sheila F. Hahn, 2001, $361.62; Sharon L. and Chalmers L. Porter, Jr., 2000, $1,317.40.

51.    Approve the following Licenses: Residential Contractor: Larry Olson Construction, Larry Olson; Tipton Construction & Dirt Works, Charles C. Tipton Jr. & Scott Tipton; Trenching Journeyman: Roy Aitken, Doyle Everson, Rick Fornwald, Darin Haeder.

52.    Approve Change Order No. 01F for New Rescue Vehicle for a decrease of $500.

53.    Approve a travel request for the Mayor and Council members to attend the National League of Cities Conference in Atlanta, GA, from December 4-9, 2001, at an approximate cost of $15,326.

54.    Approve the Mayor’s appointment of the following individuals to the Civic Center Committee to Assess Options: Alan Hanks, Tom Johnson, Gary Brown, Karen Waltman and Jim Preston.

Raffle

55.    No. CC082001-01 – Borgund Lodge 1-532, Sons of Norway, Raffle to be held on November 17, 2001.

56.    No. CC082001-02 – Rapid City Chapter of Ducks Unlimited, Raffle to be conducted on September 8, 2001

End of Consent Calendar

PUBLIC HEARINGS

57.    Proposed Uses for the Local Law Enforcement Block Grant received by the Rapid City Police Department and the Pennington County Sheriff’s Office from the Department of Justice, in the amount of $154,916

PLANNING DEPARTMENT CONSENT ITEMS

58.    No. 00PL055 - A request by Wyss Associates for B.E. Development for a Final Plat on Lots 1 through 11 of Block 2 of Skyview North Subdivision located in the E1/2 of SE1/4 of Section 10, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the east end of Harney Road.

59.    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.

60.    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.

61.    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.

62.    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.

63.    No. 01PL033 - A request by Renner & Sperlich Engineering for Gustafson Builders for a 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.

64.    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.

65.    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.

66.    No. 01PL054 - A request by Dream Design, Inc. for Big Sky LLC for a Preliminary and Final Plat on Lots 2-8, Block 13; Lots 2-5, Block 14; Tract A; and Dedicated Streets, Big Sky Subdivision, located in the SE1/4 NW1/4 and NE1/4 NW/14 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota; excepting Lot 1 on Block 13 and Lot 1 in Block 14 of Big Sky Subdivision and Dedicated Public Rights of Way (Big Sky Drive and DeGeest Street), as shown on the plat filed in Plat Book 29, Page 154, located at the northern terminus of DeGeest Street.

67.    No. 01PL055 - A request by Dream Design, Inc. for Legacy Land Company for a Preliminary and Final Plat on Tract A-1 and Tract B-1 a Replat of Tract A and Tract B of The Meadows Subdivision, located in the W1/2 of SE1/4, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the Minnesota Street and Derby Lane intersection.

68.    No. 01PL056 - A request by Arleth & Associates for Thomas Walsh for a Preliminary and Final Plat on Day Inn Tract and Burger King Tract a subdivision of Lot 2 of the Trijowinn Subdivision, located in the NW1/4 of Section 2, T1N, R7E, BHM, City of Rapid City, Pennington County, South Dakota, as shown by the Plat recorded in Book 27 of Plats on Page 183, located between West Kansas City Street and Jackson Boulevard.

69.    No. 01PL065 - A request by D. C. Scott Co. for a Preliminary and Final Plat on Lot 4R of Polar Bear Subdivision formerly Lot 4 of Polar Bear Subdivision and unplatted land located in the NE1/4 SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at the southwest corner of the intersection of Sydney Drive and S.D. Highway 79.

70.    No. 01PL069 - A request by Polenz Land Surveying for Rose Schimke for a Preliminary and Final Plat on Lot 5R and 6R of Schimke Subdivision formerly Lot 5 and 6 of Schimke Subdivision all located in the S1/2 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at 1650 Sweetbriar.

71.    No. 01PL070 - A request by FMG, Inc. for Black Hills Regional Eye Institute for a Preliminary and Final Plat on Lot 1 and Lot 2 of Tract A of Walpole Addition formerly Tract A of Walpole Addition located in SW1/4 of Section 12, T1N, R7E, BHM, Rapid City, Pennington County, SD, located southeast quadrant of Cathedral Drive and Third Street.

72.    No. 01PL071 - A request by City of Rapid City for a Preliminary and Final Plat on Lots 1, 2 and 3 of Owen Hibbard Subdivision and Tish Drive Dedicated Right of Way, all located in Tract A of Tract 1 of W1/2 SW1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located U.S. Highway 16 north of Golden Eagle Drive and adjacent to the Old Marine Life.

73.    No. 01PL072 - A request by Centerline Inc. for Heartland Development Group LLC for a Layout and Preliminary Plat on Lots 1 thru 10 and Drainage Lot 11 in Block 1 and Lots 1 thru 12 in Block 2 of Northstar Industrial Park Subdivision located in the NE1/4 of the NE1/4 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located southwest of Seger Drive and Dyess Avenue intersection.

74.    No. 01PL073 - A request by Dream Design International, Inc. for a Layout Plat on Lots 1 thru 20 of Enchanted Pines Subdivision located in the S1/2 NW/14 NE1/4, Section 23, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at the northern terminus of Enchanted Pines Drive.

75.    No. 01PL074 - A request by Davis Engineering for Ralph and Kathleen Rice for a Preliminary and Final Plat on Lot 9 Rev. Revised and Lot 10 A Revised of Vaughn's Subdivision formerly: Lot 9 Rev. and Lot 10 A all located in: S1/2 NE1/4 of Section 19, T2N, R8E, BHM, Pennington County, South Dakota, located at 1377 Neva Way.

76.    No. 01PL075 - A request by Centerline, Inc. for 3 T's Land Development LLC for a Final Plat on Tract A, Tract B, Tract C, Lots 1 thru 24 of Minnesota Ridge Subdivision and ROW of Alta Vista Drive, Middle Valley Drive, Missing Ridge Road and Recluse Court, and major drainage easements formerly a portion of Tract C Robbinsdale Addition No. 10, Block 27 of Robbinsdale No. 10, and a portion of the SW1/4 of the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM located in the NW1/4 of the SE1/4 of Section 13, T1N, R7E, BHM Rapid City, Pennington County, South Dakota, located west of the intersection of Minnesota Street and Fifth Street.

END OF PLANNING CONSENT CALENDAR

PLANNING DEPARTMENT - HEARINGS

77.    No. 01CA020 - A request by Dream Design International, Inc. for an Amendment to the Future Land Use Designation in the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88Ί35’39"W along said northerly right of way line, 50.86 feet to the true point of beginning; Thence N88Ί35’39"W along said northerly right-of-way line, 350 feet; Thence departing said right of way N1Ί24’21"E 275 feet; Thence S88Ί35’39"E 346.06 feet to where said line intersects the westerly right of way of proposed Fifth Street; Thence S00Ί45’07"W 274.85 feet more or less to the point of beginning containing 2.20 acres more or less; from Medium Density Residential with a Planned Residential Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88Ί35’39"W along the northerly right of way of said Catron Boulevard 400.86 feet this being the point of beginning; Thence N88Ί35’39"W along said northerly right of way 919.13 feet; Thence departing said northerly right of way line N1Ί24’21"E 275 feet; Thence S88Ί35’39"E 919.13 feet; Thence S1Ί24’21"W 275 feet to the point of beginning containing 5.80 acres more or less; from Planned Residential Development with a maximum density of 6.7 dwelling units per acre to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N88Ί35’39"W along the northerly right of way of said Catron Boulevard 1320 feet to where said right of way meets the north south 1/16 line of the SE1/4 of said Section 24 this being the true point of beginning; thence along the said right of way N88Ί35’39"W 439.87 feet; Thence departing the north right of way N01Ί24’21"E 1245 feet to a point lying on the east west 1/16 line; Thence S88Ί35’39"E along said 1/16 line 677.62 feet; Thence departing said 1/16 line S02Ί11’17"W 154.18 feet; Thence S82Ί36’49"E 303.17 feet; Thence S43Ί24’30"E 405.16 feet; Thence S49Ί37’01"E 52.92 feet to a point on a curve with a radius of 567 feet; thence along said curve to the right an arc length of 258.44 feet with a chord bearing of S30Ί36’54"E 256.21 feet Thence S1Ί24’21"W 244.35 feet; Thence N88Ί35’39"W 919.13 feet to a point on the north south 1/16 line; Thence S01Ί24’21"W 275 feet along said 1/16 line to the point of beginning containing 28.28 acres more or less; and, from Office Commercial with a Planned Commercial Development to General Commercial with a Planned Commercial Development on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard; Thence N00Ί45’07"E 274.85 feet this being the true point of beginning; Thence N88Ί35’39"W 348.88 feet; Thence N1Ί24’21"E 244.35 feet to where it intersects a curve with a radius of 567 feet; thence along said curve to the left an arc length of 258.44 feet and a chord bearing of N30Ί36’54"W 256.21 feet; Thence N49Ί37’01"E 350.36 feet to where said line intersects the south westerly right of way of proposed Fifth Street a curve with a radius of 917 feet; Thence along said curve to the right an arc length of 438 feet with a chord bearing of S28Ί44’00"E 433.85 feet; Thence S00Ί45’07"W along said proposed Fifth Street right of way 319.88 feet to the point of beginning containing 5.03 acres more or less, located north of Catron Boulevard lying adjacent to the future right-of-way line of Fifth Street and Parkview Drive.

78.    No. 01CA021 - A request by Centerline, Inc. for Lazy P-6 Properties, LLC for an Amendment to the Future Land Use Designation in the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan: From Planned Residential Development with a maximum density of 6.7 dwelling units per acre to Mobile Home Park located in a portion of the E1/2 of the SW1/4 of Section 24, T1N, R7E, BHM, Pennington County, South Dakota; From Planned Residential Development with a maximum density of 6.7 dwelling units per acre and Medium Density Residential with a Planned Residential Development to General Commercial located in a portion of the SE1/4 of Section 24, T1N, R7E, BHM, Pennington County, South Dakota; From Planned Residential Development with a maximum density of 6.7 dwelling units per acre, General Commercial with a Planned Commercial Development and Medium Density Residential with a Planned Residential Development to Office Commercial located in the North 900 feet of the SE1/4 of Section 24, T1N, R7E, BHM, Pennington County, South Dakota; From General Commercial with a Planned Commercial Development, Park Site with alternative use of Mobile Home Residential and Office Commercial with a Planned Commercial Development to General Commercial located in the North 900 feet of the W1/2 of the SW1/4 of Section 19, T1N, R8E, BHM, Pennington County, South Dakota; From Office Commercial with a Planned Commercial Development and Park Site with alternative use of Mobile Home Residential to Light Industrial located in the South 420 feet of the NW1/4 of the SW1/4 and the SW1/4 SW1/4 of Section 19, T1N, R8E, BHM, Pennington County, South Dakota; From General Commercial with a Planned Commercial Development and Office Commercial with a Planned Commercial Development to General Commercial located in a portion of the SW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; From Office Commercial with a Planned Commercial Development, Medium Density Residential, and Planned Residential Development with a maximum density of 6.7 dwelling units per acre to Office Commercial located in a portion of the N1/2 of the SW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; From Low Density Residential and Planned Residential Development with a maximum density of 6.7 dwelling units per acre to Medium Density Residential located in a portion of the W1/2 of the S1/2 of the NW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; and, From Medium Density Residential to Low Density Residential located in the E1/2 of the N1/2 of the NW1/4 of the NW1/4 of Section 19, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located North and west of the Rapid City Landfill.

79.    No. 01CA024 - A request by FMG, Inc. for Harold Bies for an Amendment to the Future Land Use Designation in the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan - From Medium Density Residential District to Office Commercial District with a Planned Commercial Development on a tract of land located in the SE 1/4 of NE 1/4 of Section 18, T1N, R8E, BHM, Rapid City, South Dakota more particularly described as follows: Commencing at a point which is a property corner with LS Cap 3095 which is the southwest corner of Tract 1 of Richland Estates Subdivision in SE 1/4 of NE 1/4 of Section 18, T1N, R8E, BHM, Rapid City, South Dakota, Thence S89Ί45’50"E a distance of 536.44’, more or less, to a point; Thence S00Ί25’08"W a distance of 276.29’, more or less, to a point; Thence N89Ί34’52"W a distance of 533.80’, more or less, to a point; Thence N00Ί07’59"W a distance of 274.59’, more or less, to the Point of Beginning and containing 3.384 acres more or less, located west of U.S. Highway 79 and north of Minnesota Street.

80.    No. 01CA025 - A request by FMG, Inc. for Harold Bies for an Amendment to the Future Land Use Designation in the South Robbinsdale Neighborhood Area Future Land Use Plan, an element of the Comprehensive Plan - From Medium Density Residential District to General Commercial District with a Planned Commercial Development on the western 385 feet of a tract of land located in the SE 1/4 of NE 1/4 of Section 18, T1N, R8E, BHM, Rapid City, South Dakota more particularly described as follows: Commencing at a point which is a property corner with LS Cap 3095 which is the southeast corner of Tract 1 of Richland Estates Subdivision in SE 1/4 of NE 1/4 of Section 18, T1N, R8E, BHM, Rapid City, South Dakota, Thence S89Ί45’50"E a distance of 40’, more or less, to a point; Thence S00Ί06’28"E a distance of 278.64’, more or less, to a point; Thence N89Ί34’52"W a distance of 735.02’, more or less, to a point; Thence N00Ί25’08"E a distance of 276.29’, more or less, to a point; Thence S89Ί45’50"E a distance of 692.46’, more or less, to the Point of Beginning, said tract of land contains approximately 2.44 acres more or less, located west of U.S. Highway 79 and north of Minnesota Street.

81.    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.

82.    No. 01PD031 - A request by Fisk Engineering for Paul Bradsky for Wal-East Development, Inc. for an Initial and Final Planned Commercial Development on Lot 2 of Lot K2-C of Marshall Heights Tract, located in the SW1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, less the following described property: Beginning at the southwest corner of said Lot Two (2) of Lot K2-C of Marshall Heights Tract; Thence, northerly along the westerly line of said Lot Two (2) a distance of 109.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 77.5 feet; Thence, S 00 degrees 01 minutes 28 seconds E, a distance of 6.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 113.1 feet, more or less; Thence, N 00 degrees 01 minutes 20 seconds W, a distance of 6.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 77.5 feet to a point on the easterly line of said Lot 2; Thence, southerly along the easterly line of said Lot 2 a distance 109.5 feet to the southeast corner of said Lot 2; Thence, westerly along the southerly line of said Lot 2 a distance of 268.15 feet, more or less, to the point of beginning, located on Knollwood Drive east of the intersection of Maple Avenue and Knollwood Drive.

83.    No. 01PD032 - A request by Fisk Engineering for Paul Bradsky for Wal-East Development, Inc. for an Initial and Final Planned Residential Development on a portion of Lot 2 of Lot K2-C of Marshall Heights Tract, located in the SW1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, more fully described as follows: Beginning at the southwest corner of said Lot 2 of Lot K2-C of Marshall Heights Tract; Thence, northerly along the westerly line of said Lot 2 a distance of 109.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 77.5 feet; Thence, S 00 degrees 01 minutes 28 seconds E, a distance of 6.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 113.1 feet, more or less; Thence, N 00 degrees 01 minutes 20 seconds W, a distance of 6.5 feet; Thence, N 89 degrees 59 minutes 32 seconds E, a distance of 77.5 feet to a point on the easterly line of said Lot 2; Thence, southerly along the easterly line of said Lot 2 a distance 109.5 feet to the southeast corner of said Lot 2; Thence, westerly along the southerly line of said Lot 2 a distance of 268.15 feet, more or less, to the point of beginning, located on Knollwood Drive east of the intersection of Maple Avenue and Knollwood Drive.

84.    No. 01PD037 - A request by City of Rapid City for a Planned Development Designation on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at a point on the north boundary of Tract "A" which bears S89Ί59’13"E a distance of 527.28 feet from the Northwest Corner of Tract "A", being the POINT OF BEGINNING; Thence S89Ί59’13"E along said north boundary of Tract "A" a distance of 304.80 feet; Thence S07Ί23’08"W along the east boundary of Tract "A" a distance of 537.86; Thence N82Ί32’54"W along the north boundary of Lot E of the SW1/4SW1/4 of said Section 23 a distance of 301.67 feet; Thence N07Ί18’58"E a distance of 498.40 feet to the point of beginning. Containing 3.59 acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life.

85.    No. 01PD038 - A request by City of Rapid City for a Planned Development Designation on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at a point on the west boundary of Tract "A", which bears N0Ί 01’49"W a distance of 659.09 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; thence N42Ί48’20"E along the proposed centerline of Tish Drive a distance of 483.98 feet to the beginning of a curve concave to the Southeast having a radius of 150.00 feet and a central angle of 54Ί38’42"; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S82Ί32’54"E a distance of 9.91feet; Thence S07Ί19’07"W a distance of 38.00 feet; Thence S07Ί19’07"W along the boundary common to said Tract "A" and Lot E, Lot A, Lot B and Lot C of the SW1/4SW1/4 of said Section 23 and distance of 800.44 feet: Thence N73Ί19’46"W a distance of 377.36 feet to a point on the west section line of said Section 23 and the west boundary of Tract "A"; Thence N00Ί01’49"W along said section line and said west boundary of Tract "A" a distance of 322.84 feet to the point of beginning. Containing 5.80 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life.

86.    No. 01PD039 - A request by City of Rapid City for a Planned Development Designation on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Southwest Corner of Section 23, T1N, R7E, BHM, common to the Southwest Corner of said Tract "A", being the POINT OF BEGINNING; thence N00Ί01’49"W along the west boundary of Tract "A" a distance of 336.25 feet; Thence S73Ί19’46"W a distance of 377.07feet to the corner common to Tract "A" and the Southwest corner of Lot C, of the SW1/4SW1/4 of said Section 23: Thence S07Ί31’36"E along the south boundary of said Lot C a distance of 300.94 feet to the Southeast Corner of said Lot C; Thence S07Ί23’48"W along the east boundary of said Tract "A" a distance of 190.53 feet to the Southeast Corner of Tract "A" said point being on the south section line of said Section 23 and the centerline of Golden Eagle Drive right-of-way; Thence S90Ί00’00"W along said line a distance of 634.90 feet to the point of beginning. Containing 3.71 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life.

87.    No. 01PD042 - A request by Dream Design International, Inc. for a Planned Development Designation on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard this being the true point of beginning; Thence N88Ί35’39"W along said northerly right of way line,1759.87 feet; Thence departing said northerly right of way line N01Ί24’21"E 1245 feet to a point lying on the 1/16 line; Thence S88Ί35’39"E, along said 1/16 line, 677.62 feet Thence departing said 1/16 line S02Ί11’17"W 154.18 feet; Thence S82Ί36’49"E 303.17 feet; Thence S43Ί24’43"E 155.36 feet; Thence N43Ί40’53"E 361.7 feet to where the line intersects the north easterly right of way of proposed Fifth Street; Thence along this said right of way on a curve to the right with a radius of 1017 feet and an arc length of 660.71 feet and a chord bearing of S40Ί04’31"E 649.15 feet to where said right of way meets the east section line of said Section 24; Thence S01Ί24’21"W 730.34 feet along said section line to the point of beginning containing 45.5 acres more or less, and a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 730.34 feet to the true point of beginning; said point is lying on the easterly right-of-way line of future Fifth Street; said point is lying on a curve with a radius of 1017 feet; Thence along said curve to the left an arc length of 660.71 feet with a chord bearing of N40Ί04’31"W 649.15 feet to a point lying on the right of way of future Parkview Drive; Thence N45Ί40’53"E 626.68 feet along said right of way of future Parkview Drive to a point on the east line of said Section 24; Thence S01Ί24’21"W 945.13 feet along said section line to the point of beginning containing 4.07 acres more or less, located north of Catron Boulevard and adjacent to the future right-of-way line of Fifth Street and Parkview Drive.

88.    No. 01PD043 - A request by Richard Dugie for RHL Design Group Inc. for a Major Amendment to a Planned Commercial Development on Lot 5R of Meridian Subdivision, Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1020 LaCrosse Street.

89.    No. 01PD044 - A request by Dream Design International, Inc. for a Major Amendment to a Planned Commercial Development on Tract A of The Meadows Subdivision, Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota and a tract of land located in the W1/2 of the SE1/4 Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota consisting of a portion of Tract B of The Meadows Subdivision as recorded in Plat Book 28 Page 173. More particularly described as follows: Beginning at the Northeast corner of said Tract B of The Meadows Subdivision a found rebar and cap stamped LS 4225, this being the true point of beginning. Thence S00Ί00’41"E 140.21 feet along the east boundary of said Tract B, Thence S89Ί50’18"W 189.16 feet to a point on the easterly right of way of Derby Lane, Thence N39Ί48’27"W 8.42 feet along said right of way of Derby Lane to a point of curve with a radius of 149.00 feet, Thence along said right of way of Derby Lane on said curve to the right an arc length of 103.44 feet to the point of tangency, Thence N00Ί12’34"W 39.02 feet along said Derby Lane right of way, Thence S89Ί59’52"E 229.04 feet along the westerly line of said Tract B to the point of beginning, said tract containing 1.71 acres more or less, located at the intersection of Derby Lane and Minnesota Street.

90.    No. 01SV018 - A request by FMG, Inc. for Robbins & Stearns for a Variance to the Subdivision Regulations to reduce the required right-of-way dedication from 17 feet to 7 feet on Lot 1 and Lot 2 of Bies Subdivision formerly the unplatted balance of the SE1/4 of the NE1/4 of Section 18 located in the SE1/4 of the NE1/4 of Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located west of S. Highway 79, north of Minnesota Street.

91.    No. 01SV020 - A request by ETS, Inc. for a Variance to the Subdivision Regulations to waive curb and gutter, sidewalk, dry sewer and water, street light conduit and paving on proposed 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.

92.    No. 01SV022 - A request by Polenz Land Surveying for Rose Schimke for a Variance to the Subdivision Regulations to waive the requirement for sidewalk, curb and gutter and street light conduit on Lot 5R and 6R of Schimke Subdivision formerly Lot 5 and 6 of Schimke Subdivision all located in the S1/2 of the SW1/4 of Section 3, T1N, R8E, BHM, Pennington County, South Dakota, located at 1650 Sweetbriar.

93.    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.

94.    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.

95.    No. 01UR031 - A request by Dream Design International for a Major Amendment to a Use On Review to revise the conditions of approval for an On-Sale Liquor Establishment 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.

96.    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.

97.    No. 01UR037 - A request by Anne Devlin for a Use On Review for a Child Care Center on Lot 2 less W250', Nicholl's Subdivision, Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1241 E. St. Joseph Street.

98.    No. 01UR040 - A request by Kennedy Design Group for Pioneer Credit & Debt Consolidation Services for a Use on Review for a Child Care Center on Lot 2, Block 2, Rushmore Regional Industrial Park, Section 4, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota, located at 1644 Concourse Drive.

99.    No. 01UR041 - A request by Remodel King for W. Angela Wessel for a Use on Review to allow a private residential garage in excess of 1000 square feet and more than 30% of the residence on Lot 1, Block 3, Kepp Heights, Section 11, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 1200 Highland Park Drive.

100.    No. 01UR042 - A request by M & K Consulting for Western Wireless Corp. for a Use on Review to allow Communication Tower in Public District on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Northwest Corner of Tract "A", which bears N0Ί01’49"W a distance of 1516.46 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; Thence S89Ί59’13"E along the north boundary of said Tract "A" a distance of 527.28 feet; Thence S07Ί18’58"W a distance of 460.40 feet to the proposed centerline of Tish Drive, Thence N82Ί32’54"W along said centerline a distance of 9.91 feet to the beginning of a curve concave to the Southwest having a radius of 150.00 feet and a central angle of 54Ί38’42"; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S42Ί48’28"W a distance of 483.98 feet to a point on the west section line of Section 23 and the west boundary of said Tract "A"; thence N0Ί01’49"W along said section line and along the west boundary of Tract "A" a distance of 857.37 feet to the point of beginning. Containing 6.90 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life.

101.    No. 01UR043 - A request by City of Rapid City for a Major Amendment to a Use On Review for Meadowbrook Golf Course to allow a temporary Pro Shop/Office on Tract 4 and the north 27 feet of vacated Flormann Street, Rapid City Greenway Tracts, Section 9, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at Meadowbrook Golf Course Clubhouse, 3625 Jackson Boulevard.

102.    No. 01VR002 - A request by Gary Renner for Larry Teuber for a Vacation of Right Of Way on right-of-way located in Government Lot 3 and Government Lot 4, Section 5, T1S, R7E, BHM, Pennington County, South Dakota, located approximately 1 1/2 miles south of the intersection of Sheridan Lake Road and Clarkson Road.

103.    No. 01VR003 - A request by Renner & Sperlich Engineering for Craig Christianson for a Vacation of Right of Way on the westerly 10 feet of Pine Street between Latrobe Avenue and Luna Avenue adjacent to Lot D and Lot E of the NW1/4 SE1/4 of Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located on Pine Street south of Motel 6.

104.    No. 01VR004 - A request by Renner & Sperlich Engineering for Craig Christianson for a Vacation of Right of Way on that 60 foot portion of Luna Avenue lying between Lot D of NW1/4 SE1/4 and Lot C of NW1/4 SE1/4 all located in Section 30, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located between Rapp Street and Pine Street.

ORDINANCES & RESOLUTIONS

105.    No. 01RZ037 – Second Reading, Ordinance 3717, a request by City of Rapid City for a Rezoning from General Agriculture District to Public District on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Northwest Corner of Tract "A", which bears N0Ί01’49"W a distance of 1516.46 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; Thence S89Ί59’13"E along the north boundary of said Tract "A" a distance of 527.28 feet; Thence S07Ί18’58"W a distance of 460.40 feet to the proposed centerline of Tish Drive, Thence N82Ί32’54"W along said centerline a distance of 9.91 feet to the beginning of a curve concave to the Southwest having a radius of 150.00 feet and a central angle of 54Ί38’42"; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S42Ί48’28"W a distance of 483.98 feet to a point on the west section line of Section 23 and the west boundary of said Tract "A"; thence N0Ί01’49"W along said section line and along the west boundary of Tract "A" a distance of 857.37 feet to the point of beginning. Containing 6.90 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life.

106.    No. 01RZ038 – Second Reading, Ordinance 3718, a request by City of Rapid City for a Rezoning from General Agriculture District to General Commercial District on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at a point on the north boundary of Tract "A" which bears S89Ί59’13"E a distance of 527.28 feet from the Northwest Corner of Tract "A", being the POINT OF BEGINNING; Thence S89Ί59’13"E along said north boundary of Tract "A" a distance of 304.80 feet; Thence S07Ί23’08"W along the east boundary of Tract "A" a distance of 537.86; Thence N82Ί32’54"W along the north boundary of Lot E of the SW1/4SW1/4 of said Section 23 a distance of 301.67 feet; Thence N07Ί18’58"E a distance of 498.40 feet to the point of beginning. Containing 3.59 acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life.

107.    No. 01RZ039 – Second Reading, Ordinance 3719, a request by City of Rapid City for a Rezoning from General Agriculture District to Office Commercial District on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at a point on the west boundary of Tract "A", which bears N0Ί 01’49"W a distance of 659.09 feet from the Southwest Corner of Section 23, T1N, R7E, BHM, being the POINT OF BEGINNING; thence N42Ί48’20"E along the proposed centerline of Tish Drive a distance of 483.98 feet to the beginning of a curve concave to the Southeast having a radius of 150.00 feet and a central angle of 54Ί38’42"; Thence along said centerline and along said curve an arc distance of 143.06 feet; Thence along said centerline S82Ί32’54"E a distance of 9.91feet; Thence S07Ί19’07"W a distance of 38.00 feet; Thence S07Ί19’07"W along the boundary common to said Tract "A" and Lot E, Lot A, Lot B and Lot C of the SW1/4SW1/4 of said Section 23 and distance of 800.44 feet: Thence N73Ί19’46"W a distance of 377.36 feet to a point on the west section line of said Section 23 and the west boundary of Tract "A"; Thence N00Ί01’49"W along said section line and said west boundary of Tract "A" a distance of 322.84 feet to the point of beginning. Containing 5.80 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life.

108.    No. 01RZ040 – Second Reading, Ordinance 3703, a request by City of Rapid City for a Rezoning from General Agriculture District to General Commercial District on a parcel of land located in Tract "A" of Tract 1 of the W1/2SW1/4 of Section 23, T1N, R7E, BHM, Pennington County, South Dakota; (as set out in Plat Book 11, Page 207 of the Pennington County Register of Deeds); More particularly describes as: Commencing at the Southwest Corner of Section 23, T1N, R7E, BHM, common to the Southwest Corner of said Tract "A", being the POINT OF BEGINNING; thence N00Ί01’49"W along the west boundary of Tract "A" a distance of 336.25 feet; Thence S73Ί19’46"W a distance of 377.07 feet to the corner common to Tract "A" and the Southwest corner of Lot C, of the SW1/4 SW1/4 of said Section 23: Thence S07Ί31’36"E along the south boundary of said Lot C a distance of 300.94 feet to the Southeast Corner of said Lot C; Thence S07Ί23’48"W along the east boundary of said Tract "A" a distance of 190.53 feet to the Southeast Corner of Tract "A" said point being on the south section line of said Section 23 and the centerline of Golden Eagle Drive right-of-way; Thence S90Ί00’00"W along said line a distance of 634.90 feet to the point of beginning. Containing 3.71 Acres more or less, located north of Golden Eagle Drive and adjacent to old Marine Life.

109.    No. 01RZ042 – Second Reading, Ordinance 3710, a request by Dream Design International, Inc. for a Rezoning from General Agriculture District to General Commercial District on a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 75.00 feet to a point lying on the northerly right-of-way line of Catron Boulevard this being the true point of beginning; Thence N88Ί35’39"W along said northerly right of way line,1759.87 feet; Thence departing said northerly right of way line N01Ί24’21"E 1245 feet to a point lying on the 1/16 line; Thence S88Ί35’39"E, along said 1/16 line, 677.62 feet Thence departing said 1/16 line S02Ί11’17"W 154.18 feet; Thence S82Ί36’49"E 303.17 feet; Thence S43Ί24’43"E 155.36 feet; Thence N43Ί40’53"E 361.7 feet to where the line intersects the north easterly right of way of proposed Fifth Street; Thence along this said right of way on a curve to the right with a radius of 1017 feet and an arc length of 660.71 feet and a chord bearing of S40Ί04’31"E 649.15 feet to where said right of way meets the east section line of said Section 24; Thence S01Ί24’21"W 730.34 feet along said section line to the point of beginning containing 45.5 acres more or less, and a parcel of land located in the NE1/4 of Section 24, T1N, R7E, BHM, being more particularly described as follows: Beginning at the east one-quarter corner of said Section 24, Thence N01Ί24’21"E, along the east line of said Section 24, 730.34 feet to the true point of beginning; said point is lying on the easterly right-of-way line of future Fifth Street; said point is lying on a curve with a radius of 1017 feet; Thence along said curve to the left an arc length of 660.71 feet with a chord bearing of N40Ί04’31"W 649.15 feet to a point lying on the right of way of future Parkview Drive; Thence N45Ί40’53"E 626.68 feet along said right of way of future Parkview Drive to a point on the east line of said Section 24; Thence S01Ί24’21"W 945.13 feet along said section line to the point of beginning containing 4.07 acres more or less, located north of Catron Boulevard and adjacent to the future right-of-way line of Fifth Street and Parkview Drive.

110.    No. LF080101-03 - Second Reading and Recommendation of Ordinance 3712 entitled An Ordinance Adding Chapter 8.26 to Title 8 of the Rapid City Municipal Code Relating to Public Use of Automatic External Defibrillators.

111.    No. 01RZ043 – Second Reading, Ordinance 3720, a request by Davis Engineering for Donald Carlson and Isaura Hansen for a Rezoning from Low Density Residential District to General Commercial District on Lot 1 less Lot H1 and Lot 2, Una Del Acres No. 2, Section 21, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located at 5504 and 5508 Wildwood Drive.

112.    No. 01RZ044 – Second Reading, Ordinance 3721, a request by City of Rapid City for a Rezoning from No Use District to Low Density Residential District on Lot A of Lot 6 of Tract B of Braeburn Addition, Section 8, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of Chapel Valley, south of the Fish Hatchery and east of SD Highway 44.

113.    No. 01RZ045 – Second Reading, Ordinance 3722, a request by Qusi Al Haj for a Rezoning from Low Density Residential District to General Commercial District on Lot A and Lot B less the South 8.5 feet of Block 28 and all of Block 25R, Airport Addition, Section 25, T2N, R7E, BHM, Rapid City, Pennington County, South Dakota, located east of Haines Avenue between Wright Street and Curtis Street.

114.    No. 01RZ046 – Second Reading, Ordinance 3723, a request by Centerline Inc. for Heartland Development Group LLC for a Rezoning from General Agriculture District to Light Industrial District on property described by metes and bounds beginning at the Northeast Corner of Lot D, a Section Corner, of the NE1/4 of Section 29, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, Thence S44Ί55’05"W, 46.61’ to Point No. 1, the true point of beginning, Thence S0Ί00’39"E, 1292.72’ to Point No. 2, Thence S89Ί48’56"W, 1292.41’ to Point No. 3, Thence N0Ί00’53"W, 1292.15’ to Point No. 4, Thence N89Ί47’25"E, 1292.50’ to the true point of beginning, this parcel contains 38.3472 acres, more or less, located southwest of Seger Drive and Dyess Avenue intersection.

115.    No. 01RZ047 – Second Reading, Ordinance 3724, a request by Dream Design International, Inc. for a Rezoning from Medium Density Residential District to Office Commercial District on a tract of land located in the W1/2 of the SE1/4 Section 18, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota consisting of a portion of Tract B of the Meadows Subdivision as recorded in Plat Book 28 Page 173. More particularly described as follows: Beginning at the Northeast corner of said Tract B of the Meadows Subdivision a found rebar and cap stamped LS 4225, this being the true point of beginning. Thence S00Ί00’41"E 140.21 feet along the east boundary of said Tract B, Thence S89Ί50’18"W 189.16 feet to a point on the easterly right of way of Derby Lane, Thence N39Ί48’27"W 8.42 feet along said right of way of Derby Lane to a point of curve with a radius of 149.00 feet, Thence along said right of way of Derby Lane on said curve to the right an arc length of 103.44 feet to the point of tangency, Thence N00Ί12’34"W 39.02 feet along said Derby Lane right of way, Thence S89Ί59’52"E 229.04 feet along the westerly line of said Tract B to the point of beginning, said tract containing .71 acres more or less, located at the intersection of Derby Lane and Minnesota Street.

116.    No. 01RZ048 – Second Reading, Ordinance 3725, a request by Centerline, Inc. for 3 T's Land Development LLC for a Rezoning from General Agriculture District to Low Density Residential District on S1/2 NE1/4 SW1/4, Section 13, T1N, R7E, BHM, Rapid City, Pennington County, South Dakota, located west of the intersection of Minnesota Street and Fifth Street.

117.    LF080101-05 - Second Reading, Ordinance 3693 entitled An Ordinance Amending Sections 8.34.020 and 8.34.030 of Chapter 8.34 of the Rapid City Municipal Code Pertaining to Applicability and Definitions; Amending Sections 8.38.010, 8.38.040, 8.38.050, 8.38.070 and 8.38.080 Pertaining to Construction Permits and Compliance Plans, and Repealing Section 8.38.030 All of Chapter 8.38 of the Rapid City Municipal Code; Adding New Sections 8.39.010 and 8.39.020 of New Chapter 8.39 to the Rapid City Municipal Code Pertaining to Streets and Roads; Amending Section 8.42.010 of Chapter 8.42 of the Rapid City Municipal Code Pertaining to Fees.

118.     No. 01OA013 – First Reading, Ordinance 3711 entitled An Ordinance Amending Section 17.22.030 of Chapter 17.22 of the Rapid City Municipal Code by Adding a New Subsection 17.22.030(J) to Allow Communication Towers in Uses Permitted on Review

119.    No. 01OA011 – Second Reading, Ordinance 3713 entitled An Ordinance Amending Subsection B (1) of Section 17.54.020 of Chapter 17.54 of the Rapid City Municipal Code Pertaining to the Notice of Time Given to Hold A Public Hearing.

120.    No. PW080101-13 – Second reading, Ordinance 3714, entitled An Ordinance Amending Section 8.08.020, Section 8.08.030, Section 8.08.070, Section 8.08.170, Section 8.08.240, Of Chapter 8.08 of The Rapid City Municipal Code Relating To Garbage And Refuse.

121.    No. LF081501-05 – Second Reading, Ordinance 3726, Supplemental Appropriation No. 6 for 2001

122.    No. LF081501-06, First Reading, Ordinance 3727 Regarding Supplemental Appropriation No. 7 for 2001

123.    No. 01RZ049 – First Reading, Ordinance 3728, a request by Dream Design International, Inc. for a Rezoning from No Use District to Low Density Residential District on SE1/4 SE1/4 Section 13, T2N, R7E, BHM, Pennington County, South Dakota, located at the northwest corner of the intersection of Country Road and Nike Road.

124.    No. 01RZ050 – First Reading, Ordinance 3729, a request by City of Rapid City for a Rezoning from No Use District to General Commercial District on Lot 1 and adjacent Philadelphia Street right-of-way, Huffman Subdivision, Section 32, T2N, R8E, BHM, Rapid City, Pennington County, South Dakota, located east of Cambell Street and north of East Philadelphia Street.

125.    No. 01RZ051 – First Reading, Ordinance 3730, a request by D.C. Scott Co. for Paul Bradsky for a Rezoning from General Commercial District and Medium Density Residential District to Light Industrial District on the following property: 0.52 acre of land located in the NE1/4 SE1/4 of Section 7, T1N, R8E, BHM, Rapid City, Pennington County, South Dakota; said 0.52 acre of land being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of Lot 4 of Polar Bear Subdivision, as shown on survey plat recorded in Plat Book 28, Page 69 in the office of the Pennington County Register of Deeds; Thence South 89Ί56’58" East along the south line of said Lot 4 of Polar Bear Subdivision, a distance of 450.28 feet to the southeast corner of said Lot 4 of Polar Bear Subdivision on the west right-of-way line of South Dakota Highway 79; Thence South 00Ί09’00" East, along said west right-of-way line of South Dakota Highway 79, a distance of 50.00 feet to the northeast corner of a certain tract of land described in deed recorded in Book 111, Page 249 in the office of the Pennington County Register of Deeds; Thence North 89Ί56’58" West, along the north line of said tract of land, a distance of 450.36 feet to a point for corner; Thence North 00Ί03’38" West, a distance of 50.00 feet to the POINT OF BEGINNING and containing 0.52 acres of land, more or less, located on Highway 79 south of Sydney Drive.

126.    No. 01RZ052 – First Reading, Ordinance 3731, a request by Geiger Architecture for Rapid City School District, West River Electric Association, William C. Gikling, and the State of South Dakota Department of Transportation for a Rezoning from No Use District to Light Industrial District on Lot 1, Less Lot H-1, Lot 2 and Lot 3 less Lot H-1, all in Block 2, Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 1, less the H lot in Lot 1, 2, 3 and 4 less the H-lot in Lot 4, in Block 1 of the Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lots 6 less the H lot in Lot 6, 7, 8 and 9 less the H-lot in Lot 9, in Block 1 of the Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot 2 of Lot D in NW1/4 of NE1/4; Lot C, School Lot and Lot RS all in Johnson School Subdivision in NW1/4 of NE1/4, Section 9, T1N, R8E, BHM, Pennington County, South Dakota; Lot A of Lot 1 of Lot D, and Lot B of Lot 1 of Lot D, and Lot B, all in the NW1/4 NE1/4; and Lot A less the H lot in Lot A of the NE1/4 NW1/4 and Lot A less the H lot in Lot A of the NW1/4 NE1/4, all in Johnson School Subdivision, Section 9, T1N, R8E, BHM, Pennington County, South Dakota, located at the intersection of S.D. Highway 44 and Twilight Drive.

LEGAL & FINANCE COMMITTEE ITEMS

127.    No. 01AN012 - Request by City of Rapid City for a Resolution of Intent to Annex on Tract C of SW1/4 SW1/4, Lot 3-4 of NW1/4 SW1/4 and vacated Alley less RTY, Unplatted portion of NW1/4 SW1/4, east 613 feet of the north 511 feet of SW1/4 SW1/4, E1/2 SE1/4 SW1/4, NW1/4 SE1/4 SW1/4, Tract B of SW1/4 SW1/4 less RTY, SW1/4 SE1/4 SW1/4, all located within Section 32, T2N, R8E, BHM, Pennington County, South Dakota, located north of SD Highway East, east of Cambell Street and south of US Highway 16.

128.    No. 01TP009 - Authorize Mayor and Finance Officer to sign Amendment No. 3 to the Agreement between the Alliance of Architects and Engineers and the City of Rapid City for the Box Elder Central Arterial Preliminary Design for an amount not to exceed $794.36

129.    LF081501-11 – Request to Reconsider Council Action for Comprehensive Plan Amendment (01CA022) and Rezoning Request (01RZ032)

130.    Agreement with Walgar Development Company relative to special assessment and plat of property located on Parkview Drive.

PUBLIC WORKS COMMITTEE ITEMS

131.    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 Elgin.

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